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Case TitleNew York Times Company et al v. U.S. Department of Defense
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv10299
Date Filed2022-12-06
Date ClosedOpen
JudgeJudge Gregory H. Woods
PlaintiffNew York Times Company
PlaintiffCharlie Savage
Case DescriptionNew York Times reporter Charlie Savage submitted a FOIA request to the Department of Defense for records concerning policy guidance for U.S. Special Operations Command. Savage submitted a second FOIA request for two documents one covering the administration's policy for combatting international terrorism and other a president memo setting rules and procedures for the use of force away from areas of active hostilities. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of his requests, Savage and the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantU.S. Department of Defense
Documents
Docket
Complaint
Opinion/Order [12]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-12-061COMPLAINT against United States Department of Defense. (Filing Fee $ 402.00, Receipt Number ANYSDC-27045476)Document filed by New York Times Company, Charlie Savage..(McCraw, David) (Entered: 12/06/2022)
2022-12-062CIVIL COVER SHEET filed..(McCraw, David) (Entered: 12/06/2022)
2022-12-063FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Defense, re: 1 Complaint. Document filed by New York Times Company, Charlie Savage..(McCraw, David) Modified on 12/7/2022 (pc). (Entered: 12/06/2022)
2022-12-064RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Times Company..(McCraw, David) (Entered: 12/06/2022)
2022-12-07CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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 . .(pc) (Entered: 12/07/2022)
2022-12-07Magistrate Judge Valerie Figueredo 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 . (pc) (Entered: 12/07/2022)
2022-12-07Case Designated ECF. (pc) (Entered: 12/07/2022)
2022-12-07***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Edward McCraw. The party information for the following party/parties has been modified: United States Department of Defense. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) (Entered: 12/07/2022)
2022-12-07***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Edward McCraw to RE-FILE Document No. The filing is deficient for the following reason(s): party name on the docket entry does not exactly match complaint caption title;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) (Entered: 12/07/2022)
2022-12-07***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Edward McCraw. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc) (Entered: 12/07/2022)
2022-12-075NOTICE OF INITIAL CONFERENCE: The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. SO ORDERED. Initial Conference set for 3/7/2023 at 04:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 12/7/2022) (tg) (Entered: 12/07/2022)
2022-12-076FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Defense, re: 1 Complaint. Document filed by New York Times Company, Charlie Savage..(McCraw, David) Modified on 12/8/2022 (nm). (Entered: 12/07/2022)
2022-12-08***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David McCraw to RE-FILE Document No. 6. The filing is deficient for the following reason(s): Attorney information not listed in PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (nm) (Entered: 12/08/2022)
2022-12-087REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Defense, re: 1 Complaint. Document filed by New York Times Company, Charlie Savage..(McCraw, David) (Entered: 12/08/2022)
2022-12-098ELECTRONIC SUMMONS ISSUED as to U.S. Department of Defense..(sj) (Entered: 12/09/2022)
2022-12-149NOTICE OF APPEARANCE by Al-Amyn Shiraz Sumar on behalf of New York Times Company, Charlie Savage..(Sumar, Al-Amyn) (Entered: 12/14/2022)
2023-01-1310ANSWER to Complaint. Document filed by U.S. Department of Defense..(Normand, Sarah) (Entered: 01/13/2023)
2023-01-1711NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of U.S. Department of Defense..(Normand, Sarah) (Entered: 01/17/2023)
2023-01-1712ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/17/2023) (kv) (Entered: 01/18/2023)
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