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Case TitleThe New York Times Company et al v. Department of Defense
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv00547
Date Filed2023-01-23
Date ClosedOpen
JudgeJudge Jennifer L. Rochon
PlaintiffThe New York Times Company
PlaintiffMark Walker
Case DescriptionThe New York Times submitted a FOIA request to the Department of Defense for records concerning the agency's after-action report on the withdrawal from Afghanistan. The agency acknowledged receipt of the request and indicate that it would respond. 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, Adequacy - Search

DefendantDepartment of Defense
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-231COMPLAINT against United States Department of Defense. (Filing Fee $ 402.00, Receipt Number ANYSDC-27235105)Document filed by The New York Times Company, Mark Walker..(McCraw, David) (Entered: 01/23/2023)
2023-01-232CIVIL COVER SHEET filed..(McCraw, David) (Entered: 01/23/2023)
2023-01-233FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Defense, re: 1 Complaint. Document filed by The New York Times Company, Mark Walker.(McCraw, David) Modified on 1/24/2023 (sj). (Entered: 01/23/2023)
2023-01-234RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company..(McCraw, David) (Entered: 01/23/2023)
2023-01-24***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. (sj) (Entered: 01/24/2023)
2023-01-24CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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 . .(sj) (Entered: 01/24/2023)
2023-01-24Magistrate 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 . (sj) (Entered: 01/24/2023)
2023-01-24Case Designated ECF. (sj) (Entered: 01/24/2023)
2023-01-24***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 as to whom the summons request is for must match exactly as pleading in docket entry and on 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. (sj) (Entered: 01/24/2023)
2023-01-245FILING ERROR - DEFICIENT - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint. Document filed by The New York Times Company, Mark Walker..(McCraw, David) Modified on 1/25/2023 (vf). (Entered: 01/24/2023)
2023-01-257ORDER This case arises under the Freedom of Information Act, Title 5, United States Code, Section 552. The parties are hereby ORDERED to submit a joint letter, no later than two weeks from the date of this Order and not to exceed two pages, indicating whether there is any need for discovery or an initial conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. If Defendant has not yet entered a notice of appearance, Plaintiffs shall promptly serve a copy of this Order on Defendant and file proof of such service. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/25/2023) (jca) (Entered: 01/25/2023)
2023-01-25***DELETED DOCUMENT. Deleted document number 6 Electronic Summons Issued. The document was incorrectly filed in this case. (vf) (Entered: 01/25/2023)
2023-01-25***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Edward McCraw to RE-FILE Document No. 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. FOIA Summons Form. 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. (vf) (Entered: 01/25/2023)
2023-01-258REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint. Document filed by The New York Times Company, Mark Walker..(McCraw, David) (Entered: 01/25/2023)
2023-01-259ELECTRONIC SUMMONS ISSUED as to Department of Defense..(jgo) (Entered: 01/25/2023)
2023-02-0810LETTER addressed to Judge Jennifer L. Rochon from David E. McCraw dated February 8, 2023 re: Scheduling. Document filed by The New York Times Company, Mark Walker..(McCraw, David) (Entered: 02/08/2023)
2023-02-0811MEMO ENDORSEMENT on re: 10 Letter filed by The New York Times Company, Mark Walker. ENDORSEMENT: Request GRANTED. The parties shall submit a joint letter on or before March 15, 2023. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 2/8/2023) (vfr) (Entered: 02/08/2023)
2023-03-0112ANSWER to 1 Complaint. Document filed by Department of Defense..(Barnea, Jean-David) (Entered: 03/01/2023)
2023-03-1513JOINT LETTER addressed to Judge Jennifer L. Rochon from David Farber dated 3/15/2023 re: Proposed Schedule for this Action. Document filed by Department of Defense..(Farber, David) (Entered: 03/15/2023)
2023-03-1614MEMO ENDORSEMENT on re: 13 Letter filed by Department of Defense. ENDORSEMENT Request GRANTED. The schedule proposed by the parties herein is so-ordered. SO ORDERED. (Motions due by 7/14/2023., Replies due by 9/1/2023., Responses due by 8/15/2023) (Signed by Judge Jennifer L. Rochon on 3/16/2023) (jca) (Entered: 03/16/2023)
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