Case: New York Times Company v. United States Department of Justice

1:14-cv-03776 | U.S. District Court for the Southern District of New York

Filed Date: May 28, 2014

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On May 28, 2014, the New York Times filed this lawsuit against the Department of Justice under the Freedom of Information Act (“FOIA”) in the U.S. District Court for the Southern District of New York, seeking the production of agency reports from the Office of Inspector General (OIG). The plaintiff alleged violation of FOIA because the defendant failed to release disclosable records in its possession in response to FOIA requests. The records included reports that offered a detailed history of t…

On May 28, 2014, the New York Times filed this lawsuit against the Department of Justice under the Freedom of Information Act (“FOIA”) in the U.S. District Court for the Southern District of New York, seeking the production of agency reports from the Office of Inspector General (OIG). The plaintiff alleged violation of FOIA because the defendant failed to release disclosable records in its possession in response to FOIA requests. The records included reports that offered a detailed history of the massive surveillance and data collection programs implemented by the National Security Agency (“NSA”) after September 11. Represented by in-house counsels, the plaintiff sought a court declaration that the documents sought by the FOIA requests were public and must be disclosed; it also sought to compel the defendant to produce the materials within 20 business days of court order.

As a result of Edward Snowden’s releasing of classified materials in 2013, the government acknowledged certain previously secret programs and declassified details of their operations. However, the OIG reports remained secret. The New York Times then filed two FOIA requests to seek the release of these classified reports but failed to receive any information. Since this lawsuit commenced, the defendant expressed willingness to make substantial disclosures. The parties negotiated a rolling production schedule with four production dates from late October 2014 to February 2015. Judge Analisa Torres approved the schedule on August 28, 2014.

After reviewing the produced reports, the plaintiffs believed that the documents were improperly redacted. On October 7, 2015, the plaintiffs filed a motion for summary judgment. They asked the court to require the defendant to make public the withheld sections of the report pursuant to FOIA.

On December 11, 2015, the defendant filed a cross-motion for summary judgment. The government argued that the challenged redactions properly fell within the scope of a FOIA exception and did not contain information that has been officially waived.

On August 18, 2016, Judge Torres granted the defendant’s cross-motion for summary judgment and denied the plaintiff’s motion for summary judgment. Judge Torres stated that because the withheld information “has a rational nexus to the agency’s law-enforcement duties,” the government is exempt from disclosure under the various statutory exemptions.

There is no further docket activity since August 22, 2016, and so the case is presumably closed.

Summary Authors

Sichun Liu (3/29/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4353677/parties/the-new-york-times-company-v-united-states-department-of-justice/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Adelstein, Jay David (New York)

Amdur, Spencer E. (New York)

Expert/Monitor/Master/Other

Abramson, Neil Howard (New York)

Ainsworth, Jennifer Parker (New York)

Alloy, Joshua F (New York)

Judge(s)

Netburn, Sarah (New York)

Torres, Analisa Nadine (New York)

Attorney for Defendant

Adelstein, Jay David (New York)

Amdur, Spencer E. (New York)

Anderson, Linda (New York)

Aronoff, Peter Max (New York)

Attorney, Noticing INS (New York)

Auerbach, Gerald (New York)

AUSA, Christopher D (New York)

Baker, Wyn Dee (New York)

Beckerman, Laura (New York)

Bergman, Jacob Max (New York)

Bernie, Andrew Marshall (New York)

Berwick, Benjamin (New York)

Bharara, Preetinder S. (New York)

Bickford, James O. (New York)

Bowen, Brigham J (New York)

Bowers, Kate (New York)

Brown, Jane Pansing (New York)

Brunner, Helen J (New York)

Bryan, Lonnie F (New York)

Burdette, Cathy Jo (New York)

Byars, Michael James (New York)

Cargo, Shane Patrick (New York)

Carlson, Lucy G (New York)

Cha-Kim, Stephen Seungkun (New York)

Chang, William S.W. (New York)

Chaudhury, Arastu Kabeer (New York)

Chilakamarri, Varu (New York)

Cho, James R. (New York)

Clopper, John Dalton (New York)

Cox, James Cox (New York)

Crowley, Megan Anne (New York)

CV, U S (New York)

D'Alessandro, Mark Thomas (New York)

Daughtry, Emily E. (New York)

Deiss, Ila Casy (New York)

DeVito, David Michael (New York)

Docherty, John (New York)

Dolinger, Samuel Hilliard (New York)

Dominguez, Silvia (New York)

Donohue, Brian G. (New York)

Durkin, Timothy Michael (New York)

Dyck, Henry Parker (New York)

Ennis, Christine Wild (New York)

Erickson-Pogorzelski, Anthony (New York)

Falk, Rebecca Ann (New York)

Farel, Lily S. (New York)

FitzGerald, Ellen (New York)

Francis, Victoria L. (New York)

Frank, Gerald S (New York)

Frisch, Stuart (New York)

Garg, Arjun (New York)

Garrett, Jenigh J. (New York)

Gianola, John Fulton (New York)

Gomez, Abel (New York)

Gonzalez, Gregory (New York)

GOVT, Kate R. (New York)

Griffiths, John Richard (New York)

Guzman, Gladys M. (New York)

Haas, Alexander Kenneth (New York)

Haroldson, Thomas E (New York)

Harvey, Judy B (New York)

Harvey, Judith B. (New York)

Heiman, Julia Alexandra (New York)

Henry, Terry M. (New York)

Herb, Kimberly Lynn (New York)

Herman, Vincent (New York)

Hernandez, J Cole (New York)

Hoff, David H (New York)

Horn, Stephen M. (New York)

Howard, Roscoe Howard (New York)

Hsu, Shining J. (New York)

Hunt, Joseph H. (New York)

Ikari, Carolyn Aiko (New York)

Inactive, Michael A (New York)

Inactive, Cynthia M (New York)

James, Michael (New York)

Jr, John David (New York)

Jude, Jennifer Ann (New York)

Kabrawala, Ameet B. (New York)

Kahrs, Laurie Kathleen (New York)

Keefe, Kerry Jane (New York)

Kelleher, Diane (New York)

Khorshid, Anoiel (New York)

Kirschner, Adam D. (New York)

Klecka, Matthew (New York)

Kneedler, Jennie L. (New York)

Konkoly, Antonia (New York)

Lantka, Peter Michael (New York)

Larsen, Christian R (New York)

Leary, Peter Decklin (New York)

Lee, Jason (New York)

Lee, Jonathan Unruh (New York)

Lesperance, Karen Folster (New York)

Levy, Judith E. (New York)

Lieber, Sheila M. (New York)

Lievense, Andrew J. (New York)

Lo, Michelle (New York)

London, Ellen (New York)

Maher, Lidia (New York)

Maisels, Amanda L. (New York)

Majeed, Sameena (New York)

Marentette, Pamela (New York)

Martikan, Owen Peter (New York)

McArdle, Kevin William (New York)

McElvain, Joel (New York)

Mercado-Santana, Victor M. (New York)

Metzger, Emily B. (New York)

Moore, Tamra T. (New York)

Morrison, Ross Eric (New York)

Morte, Tara Marie (New York)

Nestler, Emily (New York)

Olds, Dara A (New York)

Patrick, Jack B (New York)

Patton, Rodney (New York)

Pelletier, Paul E (New York)

Perez-Daple, Brian (New York)

Phillips, Frederick S. (New York)

Porsia, Sara Christi (New York)

Powell, Amy Elizabeth (New York)

Prillaman, Debra Jean (New York)

Prose, Susan Begesse (New York)

Rachal, Doreen M. (New York)

Ray, Jeffrey P. (New York)

Rich, J. Eric (New York)

Risner, Scott (New York)

Robinson, Kimberly Anne (New York)

Rosenberg, Brad Prescott (New York)

Russ, John A. (New York)

Sandberg, Justin M. (New York)

Scharf, James A. (New York)

Schools, Scott (New York)

Shapiro, Elizabeth (New York)

Sheffield, Carlton Frederick (New York)

Sherman, Steve A (New York)

Shockey, Charles Ray (New York)

Singer, Benjamin D. (New York)

Singer, Samuel M. (New York)

Smart, Adam Ryan (New York)

Smith, Alexandra F. (New York)

Smith, Jeffrey Michael (New York)

Snead, Jacqueline E. (New York)

Sneed, Sekret Tamara (New York)

Soskin, Eric Joseph (New York)

Sowles, Marcia K. (New York)

Spooner, Sandra P (New York)

Stark, John J. (New York)

Stegeby, Erik Kenneth (New York)

Stellmach, William (New York)

Tayloe, Benjamin O (New York)

Thorp, Galen (New York)

Tinio, Rebecca Sol (New York)

Torrance, Benjamin Henry (New York)

Tseng, Neill Tai (New York)

Tulis, Elizabeth (New York)

Ulrich, Tamara (New York)

Voss, Ana H (New York)

Wall, Robin Michael (New York)

Walsh, Thomas P. (New York)

Waterman, Brandon Matthew (New York)

Wayne, Seth (New York)

Weiss, Daniel Herman (New York)

Westwater, Gisela A (New York)

Whittlesey, Brent A (New York)

Williams, Ed (New York)

Zee, Michael Andrew (New York)

show all people

Documents in the Clearinghouse

Document

1:14-cv-03776

Docket [PACER]

The New York Times Company v. United States

Aug. 22, 2016

Aug. 22, 2016

Docket

1:14-cv-03776

Working Draft

March 24, 2009

March 24, 2009

Monitor/Expert/Receiver Report
2

1:14-cv-03776

Complaint

The New York Times Company v. United States Department of Justice

May 28, 2014

May 28, 2014

Complaint

1:14-cv-03776

Letter Enclosing Three-Volume Document

New York Times Company v. U.S. Department of Justice

Jan. 9, 2015

Jan. 9, 2015

Discovery Material/FOIA Release
59

1:14-cv-03776

Memorandum and Order Closing Case

Aug. 18, 2016

Aug. 18, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4353677/the-new-york-times-company-v-united-states-department-of-justice/

Last updated Nov. 23, 2023, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

CIVIL COVER SHEET filed. (lcu) (Entered: 05/30/2014)

May 28, 2014

May 28, 2014

PACER
2

COMPLAINT against United States Department of Justice. (Filing Fee $ 350.00, Receipt Number 465401096003)Document filed by The New York Times Company, Charlie Savage.(lcu) (Entered: 05/30/2014)

May 28, 2014

May 28, 2014

RECAP

SUMMONS ISSUED as to United States Department of Justice, U.S. Attorney and U.S. Attorney General. (lcu)

May 28, 2014

May 28, 2014

PACER

Magistrate Judge Sarah Netburn is so designated. (lcu)

May 28, 2014

May 28, 2014

PACER

Case Designated ECF. (lcu)

May 28, 2014

May 28, 2014

PACER

NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge John G. Koeltl is no longer assigned to the case. (pgu)

June 3, 2014

June 3, 2014

PACER
3

INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 8/4/2014 at 04:15 PM in Courtroom 15D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres, and as further set forth. (Signed by Judge Analisa Torres on 6/5/2014) (rjm) (Entered: 06/06/2014)

June 5, 2014

June 5, 2014

PACER
4

ANSWER to 2 Complaint. Document filed by United States Department of Justice.(Clopper, John) (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

PACER
5

NOTICE OF APPEARANCE by Emily Ewell Daughtry on behalf of United States Department of Justice. (Daughtry, Emily) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

PACER
6

LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from John Clopper dated July 31, 2014. Document filed by United States Department of Justice.(Clopper, John) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
7

ORDER granting 6 Letter Motion to Adjourn Conference: The parties' request to adjourn the initial pre-trial conference scheduled for August 4, 2014, is GRANTED. The conference is rescheduled to August 13, 2014, at 4:15 p.m. The parties shall submit their joint letter and proposed case management plan by August 11, 2014. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
8

LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from John Clopper dated August 11, 2014. Document filed by United States Department of Justice.(Clopper, John) (Entered: 08/11/2014)

Aug. 11, 2014

Aug. 11, 2014

RECAP
9

ORDER granting 8 Letter Motion to Adjourn Conference: The parties' request to adjourn the initial pre-trial conference scheduled for August 13, 2014, is GRANTED. The conference is rescheduled to August 28, 2014, at 4:00 p.m. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa) (Entered: 08/12/2014)

Aug. 12, 2014

Aug. 12, 2014

PACER
10

LETTER addressed to Judge Analisa Torres from John Clopper dated August 25, 2014 re: proposed FOIA processing schedule. Document filed by United States Department of Justice.(Clopper, John) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

RECAP
11

NOTICE OF APPEARANCE by Diana Victoria Baranetsky on behalf of Charlie Savage, The New York Times Company. (Baranetsky, Diana) (Entered: 08/26/2014)

Aug. 26, 2014

Aug. 26, 2014

PACER
12

MEMO ENDORSEMENT on re: 10 Letter filed by United States Department of Justice. ENDORSEMENT: The government shall process responsive documents in accordance with the schedule outlined above. (Signed by Judge Analisa Torres on 8/28/2014) (tn) (Entered: 08/28/2014)

Aug. 28, 2014

Aug. 28, 2014

PACER

Minute Order Proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 8/28/2014. (mo)

Aug. 28, 2014

Aug. 28, 2014

PACER
13

LETTER MOTION for Extension of Time to release document to Plaintiff addressed to Judge Analisa Torres from Emily E. Daughtry dated December 19, 2014. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

PACER
14

ORDER granting 13 Letter Motion for Extension of Time. GRANTED. The deadline for the release for the "702 Report" is extended from December 22, 2014, to January 9, 2015. SO ORDERED. (Signed by Judge Analisa Torres on 12/19/2014) (ajs) (Entered: 12/22/2014)

Dec. 19, 2014

Dec. 19, 2014

PACER
15

LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Emily Daughtry dated 02/04/2015. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
16

ORDER granting 15 Letter Motion for Extension of Time. GRANTED. Defendant shall complete its processing of the Joint Inspector General Report by April 20, 2015. SO ORDERED. (Signed by Judge Analisa Torres on 2/4/2015) (ajs) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
17

LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Emily E. Daughtry dated April 17, 2015. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 04/17/2015)

April 17, 2015

April 17, 2015

PACER
18

ORDER granting 17 Letter Motion for Extension of Time. GRANTED. The deadline is extended from April 20, 2015, to April 24, 2015. SO ORDERED. (Signed by Judge Analisa Torres on 4/17/2015) (ajs) (Entered: 04/20/2015)

April 17, 2015

April 17, 2015

PACER
19

LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from David E. McCraw dated 05/06/2015. Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

PACER
20

ORDER granting 19 Letter Motion for Extension of Time. GRANTED. The parties shall file any pre-motion conference requests by May 15, 2015. (Signed by Judge Analisa Torres on 5/7/2015) (mro) (Entered: 05/08/2015)

May 7, 2015

May 7, 2015

PACER

Set/Reset Deadlines: Motions due by 5/15/2015. (mro)

May 7, 2015

May 7, 2015

PACER
21

LETTER MOTION for Conference or for Summary Judgment Briefing Schedule addressed to Judge Analisa Torres from John Clopper dated May 15, 2015. Document filed by United States Department of Justice.(Clopper, John) (Entered: 05/15/2015)

May 15, 2015

May 15, 2015

PACER
22

ORDER granting 21 Letter Motion for permission to file cross-motions for summary judgment. GRANTED. The parties shall adhere to the briefing schedule set forth above. (Signed by Judge Analisa Torres on 5/18/2015) (spo) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER

Set/Reset Deadlines: Cross Motions due by 8/3/2015. Motions due by 7/21/2015. Responses due by 8/3/2015. Replies due by 9/14/2015. Reply to Response to Brief due by 10/14/2015. Responses to Brief due by 9/14/2015. (spo)

May 18, 2015

May 18, 2015

PACER
23

LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from John Clopper dated July 17, 2015. Document filed by United States Department of Justice.(Clopper, John) (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

PACER
24

ORDER granting 23 Letter Motion for Extension of Time. GRANTED. The parties shall adhere to the proposed briefing schedule set forth above. SO ORDERED. (Signed by Judge Analisa Torres on 7/20/2015) (ajs) (Entered: 07/21/2015)

July 20, 2015

July 20, 2015

PACER

Set/Reset Deadlines: Cross Motions due by 10/7/2015. Motions due by 9/16/2015. Responses due by 11/10/2015 Replies due by 12/8/2015. (ajs)

July 20, 2015

July 20, 2015

PACER
25

LETTER MOTION for Extension of Time for Summary Judgment Briefing addressed to Judge Analisa Torres from David E. McCraw dated 09/11/2015. Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

RECAP
26

ORDER granting 25 Letter Motion for Extension of Time. GRANTED. The parties shall adhere to the schedule set forth above. SO ORDERED. (Signed by Judge Analisa Torres on 9/11/2015) (ajs) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER

Set/Reset Deadlines: Cross Motions due by 11/9/2015. Motions due by 10/7/2015. Responses due by 12/2/2015 Replies due by 1/6/2016. (ajs)

Sept. 11, 2015

Sept. 11, 2015

PACER
27

LETTER addressed to Judge Analisa Torres from David McCraw dated 9-25-2015 re: Filing of Voluminous Record. Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
28

MEMO ENDORSEMENT on re: 27 Letter filed by The New York Times Company, Charlie Savage. ENDORSEMENT: GRANTED to the extent that Plaintiff shall file on ECF: (1) the report pages containing the challenged redactions, and (2) the report pages cited in Plaintiff's memorandum. Plaintiff shall submit hard copies, as well as an electronic version on a CD, of the entire set of redacted documents. (Signed by Judge Analisa Torres on 9/25/2015) (mro) (Entered: 09/28/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
29

MOTION for Summary Judgment . Document filed by Charlie Savage, The New York Times Company. Responses due by 11/9/2015(McCraw, David) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

PACER
30

MEMORANDUM OF LAW in Support re: 29 MOTION for Summary Judgment . . Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

PACER
31

DECLARATION of David E. McCraw in Support re: 29 MOTION for Summary Judgment .. Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

PACER
32

NOTICE of Excerpts Containing Plaintiffs' Challenged Redactions and Cited Portions of Redacted Material Referenced in Plaintiffs' Memorandum of Law in Support of their Motion for Summary Judgment. Document filed by Charlie Savage, The New York Times Company. (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4, # 4 Part 5, # 5 Part 6)(McCraw, David) (Entered: 10/07/2015)

1 Part 2

View on PACER

2 Part 3

View on PACER

3 Part 4

View on PACER

4 Part 5

View on PACER

5 Part 6

View on PACER

Oct. 7, 2015

Oct. 7, 2015

PACER
33

LETTER MOTION for Extension of Time to file brief addressed to Judge Analisa Torres from John Clopper dated November 6, 2015. Document filed by United States Department of Justice.(Clopper, John) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
34

ORDER granting 33 LETTER MOTION for Extension of Time to file brief addressed to Judge Analisa Torres from John Clopper dated November 6, 2015. Document filed by United States Department of Justice. GRANTED. The parties shall adhere to the schedule set forth above. So ordered. (Cross Motions due by 11/16/2015). (Signed by Judge Analisa Torres on 11/9/2015) (rjm) (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

PACER

Set/Reset Deadlines: Responses due by 12/22/2015. Replies due by 1/22/2016. (rjm)

Nov. 9, 2015

Nov. 9, 2015

PACER
35

LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Analisa Torres from AUSA John Clopper dated November 13, 2015. Document filed by United States Department of Justice.(Clopper, John) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
36

NOTICE OF APPEARANCE by Tara Marie La Morte on behalf of United States Department of Justice. (La Morte, Tara) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
37

ORDER granting 35 Letter Motion for Extension of Time to File Response/Reply re 29 MOTION for Summary Judgment. GRANTED. The parties shall adhere to the schedule set forth above. (Responses due by 12/11/2015. Replies due by 1/12/2016.) (Signed by Judge Analisa Torres on 11/16/2015) (kko) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER

Set/Reset Deadlines: Cross Motions due by 12/11/2015. Responses due by 1/12/2016 Replies due by 2/12/2016. (kko)

Nov. 16, 2015

Nov. 16, 2015

PACER

Set/Reset Deadlines as to 29 MOTION for Summary Judgment: Responses due by 12/11/2015. Replies due by 1/12/2016. (kko)

Nov. 16, 2015

Nov. 16, 2015

PACER
38

CROSS MOTION for Summary Judgment . Document filed by United States Department of Justice.(La Morte, Tara) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
39

MEMORANDUM OF LAW in Support re: 38 CROSS MOTION for Summary Judgment . and in Opposition to Plaintiffs' Motion for Summary Judgment. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
40

DECLARATION of Mary E. Wilson in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
41

DECLARATION of David M. Hardy in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
42

DECLARATION of Dr. David J. Sherman in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
43

DECLARATION of John Bradford Wiegmann in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
44

DECLARATION of Douglas R. Hibbard in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
45

DECLARATION of Paul P. Colborn in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(La Morte, Tara) (Entered: 12/11/2015)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

Dec. 11, 2015

Dec. 11, 2015

PACER
46

DECLARATION of Tara M. La Morte in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Attachments: # 1 Exhibit A)(La Morte, Tara) (Entered: 12/11/2015)

1 Exhibit A

View on PACER

Dec. 11, 2015

Dec. 11, 2015

PACER
47

NOTICE of Classified Filing re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
48

NOTICE OF APPEARANCE by Elizabeth Tulis on behalf of United States Department of Justice. (Tulis, Elizabeth) (Entered: 12/16/2015)

Dec. 16, 2015

Dec. 16, 2015

PACER
49

REPLY MEMORANDUM OF LAW in Support re: 29 MOTION for Summary Judgment . and in Opposition re: 38 CROSS-MOTION for Summary Judgment. Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER
50

DECLARATION of David E. McCraw in Support re: 29 MOTION for Summary Judgment .. Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER
51

LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Analisa Torres from Tara M. La Morte dated February 12, 2016. Document filed by United States Department of Justice.(La Morte, Tara) (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

PACER
52

NOTICE of Withdrawal of Counsel. Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 02/14/2016)

Feb. 14, 2016

Feb. 14, 2016

PACER
53

ORDER granting 51 Letter Motion for Extension of Time to File Response/Reply re 38 CROSS MOTION for Summary Judgment. GRANTED. Defendant shall adhere to the schedule set forth above. SO ORDERED. Replies due by 2/19/2016. (Signed by Judge Analisa Torres on 2/16/2016) (kko) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
54

REPLY MEMORANDUM OF LAW in Support re: 38 CROSS MOTION for Summary Judgment . . Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
55

REPLY AFFIDAVIT of Tara M. La Morte in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(La Morte, Tara) (Entered: 02/19/2016)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Feb. 19, 2016

Feb. 19, 2016

PACER
56

DECLARATION of David J. Sherman (supplemental declaration) in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
57

DECLARATION of David M. Hardy (second declaration) in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
58

NOTICE of Classified Filing re: 54 Reply Memorandum of Law in Support of Motion, 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
59

MEMORANDUM AND ORDER granting 38 Motion for Summary Judgment; denying 29 Motion for Summary Judgment. For the reasons stated above, Plaintiffs' motion for summary judgment is DENIED, and Defendant's motion is GRANTED. The Clerk of Court is directed to terminate the motions at ECF Nos. 29 and 38 and to close the case. SO ORDERED. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 8/18/2016) (kko) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER

Transmission to Judgments and Orders Clerk. Transmitted re: 59 Order on Motion for Summary Judgment to the Judgments and Orders Clerk. (kko)

Aug. 18, 2016

Aug. 18, 2016

PACER
60

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Lorna G. Schofield on 8/18/2016) (kko) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER
62

INTERNET CITATION NOTE: Material from decision with Internet citation re: 59 Order on Motion for Summary Judgment. (Attachments: # 1 Internet Citation, # 2 Internet Citation, # 3 Internet Citation, # 4 Internet Citation, # 5 Internet Citation, # 6 Internet Citation, # 7 Internet Citation, # 8 Internet Citation, # 9 Internet Citation, # 10 Internet Citation) (vf) (Entered: 11/15/2016)

1 Internet Citation

View on PACER

2 Internet Citation

View on PACER

3 Internet Citation

View on PACER

4 Internet Citation

View on PACER

5 Internet Citation

View on PACER

6 Internet Citation

View on PACER

7 Internet Citation

View on PACER

8 Internet Citation

View on PACER

9 Internet Citation

View on PACER

10 Internet Citation

View on PACER

Aug. 18, 2016

Aug. 18, 2016

PACER
61

CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum and Order dated August 18, 2016, Plaintiffs' motion for summary judgment is denied, and Defendant's motion is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/22/2016) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Entered: 08/22/2016)

1 Notice of Right to Appeal

View on PACER

2 Notice of Right to Appeal

View on PACER

Aug. 22, 2016

Aug. 22, 2016

PACER

Case Details

State / Territory: New York

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 28, 2014

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The New York Times

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Justice, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Confidentiality

Records Disclosure

Type of Facility:

Government-run