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

1:14-cv-03948 | U.S. District Court for the Southern District of New York

Filed Date: June 3, 2014

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On June 3, 2014, the New York Times and NYT reporter Charlie Savage filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the Department of Justice (DOJ) under the Freedom of Information Act (FOIA). They sought production of Foreign Intelligence Surveillance Court (FISC) rulings interpreting surveillance law since 9/11 after the government failed to release these documents in response to a FOIA request. Represented by in-house counsel, the plai…

On June 3, 2014, the New York Times and NYT reporter Charlie Savage filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the Department of Justice (DOJ) under the Freedom of Information Act (FOIA). They sought production of Foreign Intelligence Surveillance Court (FISC) rulings interpreting surveillance law since 9/11 after the government failed to release these documents in response to a FOIA request. Represented by in-house counsel, the plaintiffs sought a declaration that the documents sought were public and must be disclosed, an order requiring the defendant to produce the documents within 20 days, and attorneys' fees and costs.

As a result of Edward Snowden’s release of classified documents in 2013, it became evident that FISC engaged legal analysis interpreting constitutional rights and surveillance statutes. Though the government began selectively declassifying FISC rulings, many documents remained secret. The New York Times submitted a FOIA request on March 12, 2014 to obtain FISC documents related to rulings on the sharing of raw data without private information removed between government agencies and attempts to approve of a warrantless surveillance under the Foreign Intelligence Service Act but failed to receive any documents.

While this litigation was pending, the DOJ produced redacted versions of the FISC documents to the plaintiffs. The parties settled the case with plaintiffs' stipulation to voluntary dismissal. On October 28, 2015, Judge Vernon S. Broderick accepted the stipulation and dismissed the case with prejudice. The documents were then posted at Savage's website here, and are reposted by the Clearinghouse. The case is now closed.

Summary Authors

Emily Kempa (6/8/2019)

People

Judge(s)

Broderick, Vernon Speede (New York)

Carr, James G. (Ohio)

Conway, John Edwards (New Mexico)

Davis, Michael James (Minnesota)

Gorton, Nathaniel M. (Massachusetts)

Hilton, Claude M. (Virginia)

Kollar-Kotelly, Colleen (District of Columbia)

McLaughlin, Mary A. (Pennsylvania)

Robertson, James (District of Columbia)

Stafford, William Henry Jr. (Florida)

Judge(s)

Broderick, Vernon Speede (New York)

Carr, James G. (Ohio)

Conway, John Edwards (New Mexico)

Davis, Michael James (Minnesota)

Gorton, Nathaniel M. (Massachusetts)

Hilton, Claude M. (Virginia)

Kollar-Kotelly, Colleen (District of Columbia)

McLaughlin, Mary A. (Pennsylvania)

Robertson, James (District of Columbia)

Stafford, William Henry Jr. (Florida)

Attorneys(s) for Plaintiff

Baranetsky, Diana Victoria (New York)

Kutner, Jeremy Alexander (New York)

McCraw, David E (New York)

Attorneys(s) for Defendant

Ashcroft, John (District of Columbia)

Baker, James A. (District of Columbia)

Bharara, Preetinder S. (New York)

Clopper, John Dalton (New York)

Daughtry, Emily E. (New York)

Holder, Eric H. Jr. (District of Columbia)

Krause, Andrew Edward (New York)

Reno, Janet (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 28, 2015 Docket

DOJ Production of Documents Responsive to FOIA Request: Released on Multiple Dates (Part 1)

In Re Electronic Surveillance and Physical Search of International Terrorist Groups, Their Agents, and Related Targets

U.S. District Court for the Foreign Intelligence Surveillance Court

May 10, 2002 Discovery Material/FOIA Release

DOJ Production of Documents Responsive to FOIA Request: Released on Multiple Dates (Part 2)

In Re Electronic Surveillance and Physical Search of International Terrorist Groups, Their Agents, and Related Targets

U.S. District Court for the Foreign Intelligence Surveillance Court

May 10, 2002 FOIA Request
2

Complaint

June 2, 2014 Complaint

DOJ Production of Documents Responsive to FOIA Request: December 12, 2014 (Part 1)

Dec. 12, 2014 FOIA Request

DOJ Production of Documents Responsive to FOIA Request: December 12, 2014 (Part 2)

Dec. 12, 2014 FOIA Request

DOJ Production of Documents Responsive to FOIA Request: May 25, 2015

May 29, 2015 FOIA Request

DOJ Production of Documents Responsive to FOIA Request: July 31, 2015

July 31, 2015 FOIA Request
19

Stipulation and Order of Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii)

Oct. 28, 2015 Order/Opinion

Resources

Title Description External URL

Foreign Intelligence Surveillance Court documents

Charlie Savage

With Laura Poitras, one of the recipients of the Snowden archive, NY Times reporter Charlie Savage wrote a story mapping out some of the major rulings of the FISA Court after 9/11 that affected Ameri… Oct. 15, 2015 https://charliesavage.com/?page_id=303#anchor5

Docket

Last updated May 12, 2022

ECF Number Description Date Link
1

CIVIL COVER SHEET filed. (js) (Entered: 06/06/2014)

June 3, 2014
2

COMPLAINT against United States Department of Justice. (Filing Fee $ 350.00, Receipt Number 465401096628)Document filed by The New York Times Company, Charles Savage.(js) (Entered: 06/06/2014)

June 3, 2014

SUMMONS ISSUED as to United States Department of Justice, U.S. Attorney and U.S. Attorney General. (js) (Entered: 06/06/2014)

June 3, 2014

Magistrate Judge Andrew J. Peck is so designated. (js) (Entered: 06/06/2014)

June 3, 2014

Case Designated ECF. (js) (Entered: 06/06/2014)

June 3, 2014
3

ANSWER to 2 Complaint. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 07/07/2014)

July 7, 2014
4

ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 8/8/2014 at 12:45 PM in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 7/8/2014) (mro) Modified on 7/9/2014 (mro). (Entered: 07/08/2014)

July 8, 2014
5

NOTICE OF APPEARANCE by John Dalton Clopper on behalf of United States Department of Justice. (Clopper, John) (Entered: 07/09/2014)

July 9, 2014
6

NOTICE OF APPEARANCE by Andrew Edward Krause on behalf of United States Department of Justice. (Krause, Andrew) (Entered: 07/11/2014)

July 11, 2014
7

LETTER addressed to Judge Vernon S. Broderick from David E. McCraw dated 07/29/2014 re: Date of Initial Conference. Document filed by Charles Savage, The New York Times Company.(McCraw, David) (Entered: 07/29/2014)

July 29, 2014
8

MEMO ENDORSEMENT on re: 7 Letter filed by The New York Times Company, Charles Savage. ENDORSEMENT: The August 8 initial conference will be adjourned to September 12, 2014 at 10:30 a.m. APPLICATION GRANTED. SO ORDERED. ( Initial Conference set for 9/12/2014 at 10:30 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 7/30/2014) (mro) (Entered: 07/30/2014)

July 30, 2014
9

ORDER: The Initial Conference previously scheduled for September 12, 2014 at 10:30 a.m. is hereby rescheduled to October 17, 2014 at 10:30 a.m. in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Initial Conference set for 10/17/2014 at 10:30 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 8/15/2014) (mro) (Entered: 08/15/2014)

Aug. 15, 2014
10

NOTICE OF APPEARANCE by Jeremy Alexander Kutner on behalf of Charles Savage, The New York Times Company. (Kutner, Jeremy) (Entered: 09/23/2014)

Sept. 23, 2014

Minute Entry for proceedings held before Judge Vernon S. Broderick: Initial Pretrial Conference held on 10/17/2014. (msa) (Entered: 10/17/2014)

Oct. 17, 2014

Set/Reset Deadlines: DOJ's Motion for Partial Summary Judgment due by 5/1/2015. Plaintiffs' Opposition and Cross−Motion for Partial Summary Judgment due by 6/1/2015; DOJ's Reply/Opposition brief due by 7/1/2015. Plaintiffs' Reply brief due by 7/15/2015. (msa) (Entered: 10/31/2014)

Oct. 31, 2014
12

LETTER MOTION for Extension of Time to transmit first release of documents addressed to Judge Vernon S. Broderick from Andrew E. Krause dated December 5, 2014. Document filed by United States Department of Justice.(Krause, Andrew) (Entered: 12/05/2014)

Dec. 5, 2014
13

ORDER granting 12 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/8/2014) (ajs) (Entered: 12/08/2014)

Dec. 8, 2014
14

LETTER MOTION for Extension of Time for Proposed Schedule addressed to Judge Vernon S. Broderick from David E. McCraw dated 03/20/2015. Document filed by Charles Savage, The New York Times Company.(McCraw, David) (Entered: 03/20/2015)

March 20, 2015
15

ORDER granting 14 Letter Motion for Extension of Time for Proposed Schedule addressed to Judge Vernon S. Broderick from David E. McCraw dated 03/20/2015. APPLICATION GRANTED. The deadline to submit a proposed production schedule is adjourned until March 30, 2015. (Signed by Judge Vernon S. Broderick on 3/23/2015) (kko) (Entered: 03/23/2015)

March 23, 2015
16

LETTER addressed to Judge Vernon S. Broderick from AUSA Emily E. Daughtry dated March 30, 2015 re: Proposed Stipulation and Order. Document filed by United States Department of Justice. (Attachments: # 1 Text of Proposed Order Regarding Additional Processing and Briefing)(Daughtry, Emily) (Entered: 03/30/2015)

March 30, 2015
17

MEMO ENDORSEMENT on re: 16 Letter, filed by United States Department of Justice. ENDORSEMENT: So ordered., ( Cross Motions due by 12/14/2015., Motions due by 11/9/2015., Responses due by 1/19/2016., Replies due by 2/9/2016.) (Signed by Judge Vernon S. Broderick on 4/1/2015) (lmb) (Entered: 04/01/2015)

April 1, 2015
18

DOCUMENT REFERRED TO JUDGE FOR APPROVAL − STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above−captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Plaintiffs and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The New York Times Company, Charles Savage.(McCraw, David) Modified on 10/28/2015 (km). (Entered: 10/27/2015)

Oct. 27, 2015

***NOTE TO ATTORNEY − DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney David McCraw Document 18 Stipulation of Voluntary Dismissal was referred to Judge Vernon S. Broderick for approval. (km) (Entered: 10/28/2015)

Oct. 28, 2015
19

STIPULATION AND ORDER OF VOLUNTARY DISMISSAL PURSUANT TO FED.R.CIV.P.41(a)(1)(A)(ii): The Complaint shall be dismissed with prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii) without costs and without attorneys' fees or conferral of prevailing party status pursuant to FOIA of any other federal statue. (Signed by Judge Vernon S. Broderick on 10/28/2015) (lmb) (Entered: 10/28/2015)

Oct. 28, 2015

State / Territory: New York

Case Type(s):

National Security

Key Dates

Filing Date: June 3, 2014

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The New York Times and a reporter for The New York Times

Plaintiff Type(s):

Closely-held (for profit) corporation

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Justice (Washington D.C.), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Records Disclosure