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Case TitleThe Intercept Media, Inc. et al v. National Park Service et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv10922
Date Filed2023-12-15
Date ClosedOpen
JudgeJudge Paul A. Engelmayer
PlaintiffThe Intercept Media, Inc.
PlaintiffRyan Devereaux
Case DescriptionRyan Devereaux, a reporter for Intercept Media, submitted a FOIA request to the National Park Service for records concerning an investigation of the January 2022 killing of wolves in Yellowstone National Park. The agency acknowledged receipt of the request. The agency disclosed a 296-page report with redactions. Intercept Media filed an administrative appeal. The agency upheld the initial response and Intercept Media filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNational Park Service
DefendantU.S. Department of the Interior
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Opinion/Order [18]
Opinion/Order [19]
Opinion/Order [23]
Opinion/Order [39]
Opinion/Order [41]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-151COMPLAINT against National Park Service, U.S. Department of the Interior. (Filing Fee $ 405.00, Receipt Number ANYSDC-28702840)Document filed by The Intercept Media, Inc., Ryan Devereaux. (Attachments: # 1 Exhibit A. Rocky Mountain Massacre: Was Yellowstones Deadliest Wolf Hunt in 100 Years an Inside Job, # 2 Exhibit B. FOIA Request to Defendants United States Department of the Interior and National Park Service, # 3 Exhibit C. Wolf Harvest Registration Form, # 4 Exhibit D. DOI Acknowledgement of FOIA Request, # 5 Exhibit E. Appeal of Denial for Expedited Processing of FOIA Request, # 6 Exhibit F. DOI Correspondence granting in part and denying in part The Intercepts FOIA Request, # 7 Exhibit G. DOI File of Requested Information, # 8 Exhibit H. The Intercepts Letter of Appeal of DOIs Partial Denial, # 9 Exhibit I. DOI Acknowledgment of Appeal, # 10 Exhibit J. October 11, 2022 Email from Ryan Devereaux re: Office of Professional Responsibility Case No. NP22032305, # 11 Exhibit K. November 29, 2022 NPS Response to October 11, 2022 Email from Ryan Devereaux, # 12 Exhibit L. DOI Correspondence Affirming NPS Decision).(Browning, John) (Entered: 12/15/2023)
2023-12-152CIVIL COVER SHEET filed..(Browning, John) (Entered: 12/15/2023)
2023-12-153RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ryan Devereaux, The Intercept Media, Inc...(Browning, John) (Entered: 12/15/2023)
2023-12-154REQUEST FOR ISSUANCE OF SUMMONS as to National Park Service, re: 1 Complaint,,,,. Document filed by Ryan Devereaux, The Intercept Media, Inc...(Browning, John) (Entered: 12/15/2023)
2023-12-155REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of the Interior, re: 1 Complaint,,,,. Document filed by Ryan Devereaux, The Intercept Media, Inc...(Browning, John) (Entered: 12/15/2023)
2023-12-18CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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: 12/18/2023)
2023-12-18Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. 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 . (jgo) (Entered: 12/18/2023)
2023-12-18Case Designated ECF. (jgo) (Entered: 12/18/2023)
2023-12-186ELECTRONIC SUMMONS ISSUED as to National Park Service..(jgo) (Entered: 12/18/2023)
2023-12-187ELECTRONIC SUMMONS ISSUED as to U.S. Department of the Interior..(jgo) (Entered: 12/18/2023)
2024-01-298SUMMONS RETURNED EXECUTED (FOIA CASE). National Park Service served on 1/10/2024, answer due 2/9/2024. Service was accepted by Eddie Rosado. Document filed by The Intercept Media, Inc.; Ryan Devereaux..(Browning, John) (Entered: 01/29/2024)
2024-01-299SUMMONS RETURNED EXECUTED (FOIA CASE). U.S. Department of the Interior served on 1/10/2024, answer due 2/9/2024. Service was accepted by Eddie Rosado. Document filed by The Intercept Media, Inc.; Ryan Devereaux..(Browning, John) (Entered: 01/29/2024)
2024-02-0910ANSWER to 1 Complaint,,,,. Document filed by National Park Service, U.S. Department of the Interior..(Tarczynska, Dominika) (Entered: 02/09/2024)
2024-02-0911NOTICE OF INITIAL PRETRIAL CONFERENCE: An initial pretrial conference is hereby scheduled for February 16, 2024 at 3 p.m. This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound(#) key. Initial Conference set for 2/16/2024 at 03:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 2/9/2024) (va) (Entered: 02/09/2024)
2024-02-1312MOTION for Sarah E. Burns to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28943337. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ryan Devereaux, The Intercept Media, Inc.. (Attachments: # 1 Affidavit / Declaration of Sarah Burns ISO of Motion to appear PHV, # 2 Exhibit A.) Certificate of Good Standing, # 3 Proposed Order for PHV of Sarah Burns).(Burns, Sarah) (Entered: 02/13/2024)
2024-02-1313MOTION for Thomas R. Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28943362. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ryan Devereaux, The Intercept Media, Inc.. (Attachments: # 1 Affidavit / Declaration of Thomas Burke for PHV, # 2 Exhibit A.) Certificate of Good Standing, # 3 Proposed Order for PHV of Thomas Burke).(Burke, Thomas) (Entered: 02/13/2024)
2024-02-14>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 12 MOTION for Sarah E. Burns to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28943337. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bc) (Entered: 02/14/2024)
2024-02-14>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 MOTION for Thomas R. Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28943362. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bc) (Entered: 02/14/2024)
2024-02-1414ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE: granting 12 Motion for Sarah E. Burns to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 2/14/2024) (ama) (Entered: 02/14/2024)
2024-02-1415ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE: granting 13 Motion for Thomas R. Burke to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 2/14/2024) (ama) (Entered: 02/14/2024)
2024-02-1416CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference served on Defendants the National Park Service and United States Department of the Interior on 02/14/2024. Service was accepted by Dominika Tarczynska, AUSA. Service was made by Email. Document filed by Ryan Devereaux, The Intercept Media, Inc...(Burns, Sarah) (Entered: 02/14/2024)
2024-02-1517JOINT LETTER addressed to Judge Paul A. Engelmayer from John M. Browning dated February 15, 2024 re: Case Management Plan. Document filed by Ryan Devereaux, The Intercept Media, Inc...(Browning, John) (Entered: 02/15/2024)
2024-02-1618ORDER: Per the Court's correspondence with counsel, the Court reschedules the initial pretrial conference in this case to 3:30 p.m. today. Dial-in information remains the same as in the Court's prior order. SO ORDERED. ( Initial Conference set for 2/16/2024 at 03:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/16/2024) (va) (Entered: 02/16/2024)
2024-02-1619ORDER: Per the Court's discussion with counsel at today's initial pretrial conference, the Court sets the following deadlines: March 15, 2024: The Government must provide plaintiffs a draft Vaughn index. See Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973). April 15, 2024: Joint letter due as to whether summary judgment and/or discovery will be necessary in this case, and, if so, proposing a discovery and/or briefing schedule. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/16/2024) (mml) (Entered: 02/16/2024)
2024-04-1520STATUS REPORT. Document filed by National Park Service, U.S. Department of the Interior..(Tarczynska, Dominika) (Entered: 04/15/2024)
2024-04-1621MEMO ENDORSEMENT on re: 20 Status Report filed by U.S. Department of the Interior, National Park Service. ENDORSEMENT: The Court thanks the parties for this status update. The Court endorses the parties' proposed briefing schedule. SO ORDERED. (Brief due by 5/17/2024. Responses to Brief due by 6/14/2024. Reply to Response to Brief due by 6/28/2024.) (Signed by Judge Paul A. Engelmayer on 4/16/2024) (va) (Entered: 04/16/2024)
2024-05-1522CONSENT LETTER MOTION for Extension of Time to File Government's Summary Judgment Motion addressed to Judge Paul A. Engelmayer from Dominika Tarczynska dated May 15, 2024. Document filed by National Park Service, U.S. Department of the Interior..(Tarczynska, Dominika) (Entered: 05/15/2024)
2024-05-1523ORDER granting 22 Letter Motion for Extension of Time to File. GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/15/2024) (vfr) (Entered: 05/15/2024)
2024-05-15Set/Reset Deadlines: Motions due by 5/23/2024. Responses due by 6/20/2024 Replies due by 7/4/2024. (vfr) (Entered: 05/15/2024)
2024-05-2324MOTION for Summary Judgment . Document filed by National Park Service, U.S. Department of the Interior. Responses due by 6/20/2024.(Tarczynska, Dominika) (Entered: 05/23/2024)
2024-05-2325MEMORANDUM OF LAW in Support re: 24 MOTION for Summary Judgment . . Document filed by National Park Service, U.S. Department of the Interior..(Tarczynska, Dominika) (Entered: 05/23/2024)
2024-05-2326DECLARATION of Nicholas Banco in Support re: 24 MOTION for Summary Judgment .. Document filed by National Park Service, U.S. Department of the Interior. (Attachments: # 1 Exhibit A (FOIA Request), # 2 Exhibit B (Denial of Expedited Processing), # 3 Exhibit C (NPS FOIA Response Letter), # 4 Exhibit D (Appeal Decision), # 5 Exhibit E (Vaughn Index), # 6 Exhibit F (Revised Release)).(Tarczynska, Dominika) (Entered: 05/23/2024)
2024-06-1427CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment . addressed to Judge Paul A. Engelmayer from John M. Browning dated June 14, 2024. Document filed by Ryan Devereaux, The Intercept Media, Inc...(Browning, John) (Entered: 06/14/2024)
2024-06-1428ORDER granting 27 Letter Motion for Extension of Time to File Response/Reply re 27 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment . addressed to Judge Paul A. Engelmayer from John M. Browning dated June 14, 2024., 24 MOTION for Summary Judgment . GRANTED. SO ORDERED. Responses due by 6/28/2024 Replies due by 7/24/2024. (Signed by Judge Paul A. Engelmayer on 6/14/2024) (tg) (Entered: 06/14/2024)
2024-06-2829CROSS MOTION for Summary Judgment . Document filed by Ryan Devereaux, The Intercept Media, Inc...(Browning, John) (Entered: 06/28/2024)
2024-06-2830MEMORANDUM OF LAW in Support re: 29 CROSS MOTION for Summary Judgment . and in Opposition to 24 Defendants' Motion for Summary Judgment . Document filed by Ryan Devereaux, The Intercept Media, Inc...(Browning, John) (Entered: 06/28/2024)
2024-06-2831DECLARATION of Daniel MacNulty in Support re: 29 CROSS MOTION for Summary Judgment .. Document filed by Ryan Devereaux, The Intercept Media, Inc.. (Attachments: # 1 Exhibit A - Curriculum Vitae).(Browning, John) (Entered: 06/28/2024)
2024-06-2832DECLARATION of Sarah E. Burns in Support re: 29 CROSS MOTION for Summary Judgment .. Document filed by Ryan Devereaux, The Intercept Media, Inc.. (Attachments: # 1 Exhibit B - Yellowstone Wolf Project Annual Report 2022, # 2 Exhibit C - 2020 Hunting and Trapping Regulations: Wolf, # 3 Exhibit D - 2021 Hunting and Trapping Regulations: Wolf, # 4 Exhibit E - Law Enforcement Program, Reference Manual 9).(Burns, Sarah) (Entered: 06/28/2024)
2024-06-2833NOTICE of Request for Judicial Notice in Support of Plaintiffs' Omnibus Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment re: 29 CROSS MOTION for Summary Judgment .. Document filed by Ryan Devereaux, The Intercept Media, Inc...(Browning, John) (Entered: 06/28/2024)
2024-06-2834NOTICE of Request for In Camera Review in Support of Omnibus Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment re: 29 CROSS MOTION for Summary Judgment .. Document filed by Ryan Devereaux, The Intercept Media, Inc...(Browning, John) (Entered: 06/28/2024)
2024-07-2435REPLY MEMORANDUM OF LAW in Support re: 24 MOTION for Summary Judgment . . Document filed by National Park Service, U.S. Department of the Interior..(Tarczynska, Dominika) (Entered: 07/24/2024)
2024-07-2436DECLARATION of Nicholas Banco in Support re: 24 MOTION for Summary Judgment .. Document filed by National Park Service, U.S. Department of the Interior..(Tarczynska, Dominika) (Entered: 07/24/2024)
2024-08-0237LETTER MOTION for Extension of Time to File Response/Reply and Request for Oral Argument addressed to Judge Paul A. Engelmayer from John M. Browning dated 08/02/2024. Document filed by Ryan Devereaux, The Intercept Media, Inc.. (Attachments: # 1 Exhibit Proposed Reply in Support of Plaintiffs' Omnibus Motion for Summary Judgment).(Browning, John) (Entered: 08/02/2024)
2024-08-0738ORDER granting 37 Letter Motion for Extension of Time to File Response/Reply. The Court grants plaintiffs' request for extension of time. The Court denies plaintiffs' request for oral argument. The Court will decide the motions on the papers. SO ORDERED. Replies due by 8/2/2024. (Signed by Judge Paul A. Engelmayer on 8/7/2024) (tg) (Entered: 08/07/2024)
2024-11-1839ORDER. The Court itself will inspect the withheld portions of the investigative file. The Court directs the NPS forthwith-specifically, by the end of the day Wednesday, November 20, 2024-to submit an unredacted hard copy of the investigative file to the Court's chambers and to email a unredacted copy of that file to EngelmayerNYSDchambers@nysd.uscourts.gov for in camera review. To facilitate potential appellate review, the Court further directs NPS counsel to file a copy of the investigative file under seal, to be accessible only to the Court and any reviewing court. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/18/24) (yv) (Entered: 11/18/2024)
2024-11-2040***EX-PARTE*** LETTER addressed to Judge Paul A. Engelmayer from Dominika Tarczynska dated November 20, 2024 re: Submission for In Camera Review. Document filed by National Park Service, U.S. Department of the Interior. (Attachments: # 1 Exhibit Unredacted Investigative File)Motion or Order to File Under Seal: 39 .(Tarczynska, Dominika) (Entered: 11/20/2024)
2024-12-0641OPINION AND ORDER re: 24 MOTION for Summary Judgment . filed by U.S. Department of the Interior, National Park Service, 29 CROSS MOTION for Summary Judgment . filed by The Intercept Media, Inc., Ryan Devereaux. For the foregoing reasons, the Court grants in part and denies in part the parties' cross motions for summary judgment. The parties are directed to confer and to submit, by December 20, 2024, a joint letter proposing a prompt schedule pursuant to which the NPS will (1) release to the Intercept a substantially less redacted version of the Investigative File, consistent with the directives in this decision, and (2) furnish the Intercept with a revised Vaughn index chronicling the information withheld and the basis for withholding. The Clerk of Court is respectfully requested to terminate the motions pending at dockets 24 and 29. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/6/2024) (tg) (Entered: 12/06/2024)
2024-12-2042JOINT LETTER addressed to Judge Paul A. Engelmayer from Dominika Tarczynska dated December 20, 2024 re: Proposed Schedule for Release of Re-Redacted Investigative File & Revised Vaughn. Document filed by National Park Service, U.S. Department of the Interior..(Tarczynska, Dominika) (Entered: 12/20/2024)
2024-12-2343MEMO ENDORSEMENT on re: 42 Letter, filed by U.S. Department of the Interior, National Park Service. ENDORSEMENT: Consistent with the parties' proposed schedule, the Court directs defendants, by February 4, 2025, unless a notice of appeal is filed, to (1) release to plaintiffs a substantially less redacted version of the Investigative File, consistent with the Court's decision of December 6, 2024, see Dkt. 41 ("December 6 Opinion & Order"), and (2) furnish plaintiffs with a revised Vaughn index chronicling the information withheld and the basis for withholding. Given the public interest in prompt disclosure of the withheld information, see, e.g., id. at 23-27, defendants should not expect any extensions of this deadline, absent extraordinary circumstances. If either party files a notice of appeal, defendants' deadline to comply with the December 6 Opinion & Order will be stayed pending appeal. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/23/2024) (tg) (Entered: 12/23/2024)
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