Case: The New York Times Co. v. U.S. Department of Justice

1:12-cv-03215 | U.S. District Court for the Southern District of New York

Filed Date: April 24, 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On April 24, 2012, The New York Times and one of the newspaper’s reporters filed this lawsuit against the U.S. Department of Justice in the United States District Court for the Southern District of New York pursuant to the Freedom of Information Act (“FOIA”).The plaintiffs sought to compel the Department of Justice to provide two specific documents cited in a memorandum from the Office of Legal Counsel regarding appointments during Senate recess periods. The two documents were: (1) Memorandum f…

On April 24, 2012, The New York Times and one of the newspaper’s reporters filed this lawsuit against the U.S. Department of Justice in the United States District Court for the Southern District of New York pursuant to the Freedom of Information Act (“FOIA”).

The plaintiffs sought to compel the Department of Justice to provide two specific documents cited in a memorandum from the Office of Legal Counsel regarding appointments during Senate recess periods. The two documents were: (1) Memorandum for Alberto R. Gonzales, Counsel to the President, from Jack L. Goldsmith III, Assistant Attorney General, Office for Legal Counsel, Re: Recess Appointments in the Current Recess of the Senate, and (2) Memorandum to File from John P. Elwood, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Lawfulness of Making Recess Appointment During Adjournment of the Senate Notwithstanding Periodic “Pro Forma Sessions.”

On June 14, 2012, the government moved for summary judgment, and the plaintiffs then filed a cross-motion for summary judgment. On January 7, 2013, U.S. District Judge Jed S. Rakoff concluded that these documents were protected by deliberative process privilege. Therefore, the court granted the government's motion for summary judgment.

As of January 13, 2013, this case is closed.

Summary Authors

Carolina Velarde (10/26/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12960875/parties/the-new-york-times-company-v-united-states-department-of-justice/


Judge(s)

Rakoff, Jed Saul (New York)

Attorneys(s) for Plaintiff

McCraw, David E (New York)

Attorneys(s) for Defendant

La Morte, Tara Marie (New York)

Normand, Sarah Sheive (New York)

Judge(s)

Rakoff, Jed Saul (New York)

Attorneys(s) for Plaintiff

McCraw, David E (New York)

Attorneys(s) for Defendant

La Morte, Tara Marie (New York)

Normand, Sarah Sheive (New York)

Documents in the Clearinghouse

Document

Docket

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

Jan. 24, 2013 Docket
1

Complaint

The New York Times Co. v. Department of Justice

April 24, 2012 Complaint
13

Memorandum Order

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

2013 WL 174222

Jan. 7, 2013 Order/Opinion

Resources

Title Description External URL

Guest Post: New Resource — Civil Rights Litigation Clearinghouse FISA Archives

Margo Schlanger

Obviously there have been load of disclosures about FISA matters over the past year—between the Snowden documents, the FOIA-driven ODNI declassifications, the FISA Court’s nifty new on-line docket, a… June 26, 2014 http://justsecurity.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12960875/the-new-york-times-company-v-united-states-department-of-justice/

Last updated May 28, 2022, 3:13 a.m.

ECF Number Description Date Link
1

COMPLAINT against United States Department of Justice. (Filing Fee $ 350.00, Receipt Number 6323)Document filed by The New York Times Company, Charlie Savage.(ama) (Entered: 04/26/2012)

April 24, 2012 PACER

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

April 24, 2012 PACER

Magistrate Judge Henry B. Pitman is so designated. (ama)

April 24, 2012 PACER

Case Designated ECF. (ama)

April 24, 2012 PACER
2

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company.(McCraw, David) (Entered: 04/30/2012)

April 30, 2012 PACER
3

NOTICE OF COURT CONFERENCE: Judge Rakoff has ordered that counsel for all parties attend a conference, at the time and place fixed below, to report the status of this litigation and to consider other relevant matters. You are directed to furnish all attorneys in this action with copies of this notice and enclosures, and to furnish Chambers with a copy of any transmittal letter(s). If you are unaware of the identity of counsel for any of the parties, you should send a copy of the notice and rules to that party personally, informing the party that any unrepresented party is required to appear at the conference in person. Counsel are advised to review Judge Rakoffs Individual Rules of Practice, a copy of which is enclosed. May 10, 2012, AT THE UNITED STATESCOURTHOUSE, 500 PEARL STREET, NEW YORK, N.Y. IN COURTROOM 14-B AT 11:00 a.m. Status Conference set for 5/10/2012 at 11:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 5/2/2012) (rdz) (Entered: 05/02/2012)

May 2, 2012 PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 5/10/2012. Defense/Gov't may file a Motion for Summary Judgment 6-14-2012; response due 6-28-2012; replies due 7-12-2012. An argument is scheduled for 7-19-2012 at 4:00 p.m. (Landers, Rigoberto)

May 10, 2012 PACER
4

ANSWER to 1 Complaint. Document filed by United States Department of Justice.(La Morte, Tara) (Entered: 05/24/2012)

May 24, 2012 PACER
5

MOTION for Summary Judgment. Document filed by United States Department of Justice. Responses due by 6/28/2012 Return Date set for 7/19/2012 at 04:00 PM.(La Morte, Tara) (Entered: 06/14/2012)

June 14, 2012 PACER
6

MEMORANDUM OF LAW in Support re: 5 MOTION for Summary Judgment.. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 06/14/2012)

June 14, 2012 PACER
7

DECLARATION of Paul P. Colborn in Support re: 5 MOTION for Summary Judgment.. Document filed by United States Department of Justice. (Attachments: # 1 Exhibit A-D)(La Morte, Tara) (Entered: 06/14/2012)

1 Exhibit A-D

View on PACER

June 14, 2012 PACER
8

CROSS MOTION for Summary Judgment. Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 06/28/2012)

June 28, 2012 PACER
9

MEMORANDUM OF LAW in Support re: 8 CROSS MOTION for Summary Judgment.. Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 06/28/2012)

June 28, 2012 PACER
10

DECLARATION of David McCraw in Support re: 8 CROSS MOTION for Summary Judgment.. Document filed by Charlie Savage, The New York Times Company. (Attachments: # 1 Exhibit, # 2 Exhibit)(McCraw, David) (Entered: 06/28/2012)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

June 28, 2012 PACER
11

MEMORANDUM OF LAW in Opposition re: 8 CROSS MOTION for Summary Judgment. and in Further Support of Defendant's Motion for Summary Judgment. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 07/12/2012)

July 12, 2012 PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 7/19/2012 re: 6 Memorandum of Law in Support of Motion filed by United States Department of Justice, 5 MOTION for Summary Judgment. filed by United States Department of Justice, 11 Memorandum of Law in Opposition to Motion filed by United States Department of Justice, 9 Memorandum of Law in Support of Motion filed by The New York Times Company, Charlie Savage, 7 Declaration in Support of Motion filed by United States Department of Justice, 8 CROSS MOTION for Summary Judgment. filed by The New York Times Company, Charlie Savage, 10 Declaration in Support of Motion filed by The New York Times Company, Charlie Savage. (Kotowski, Linda)

July 19, 2012 PACER

Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/21/2012. (Kotowski, Linda)

Sept. 21, 2012 PACER
12

NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of United States Department of Justice (Normand, Sarah) (Entered: 10/10/2012)

Oct. 10, 2012 PACER
13

MEMORANDUM ORDER granting 5 Motion for Summary Judgment; denying 8 Motion for Summary Judgment. Because the Goldsmith and Elwood Memoranda are protected by the deliberative process privilege, and because the government has not waived that privilege, DOJ's motion for summary judgment is hereby granted, and the New York Times' cross motion for summary judgment is hereby denied. The Clerk of the Court is directed to enter judgment for defendant and to close the case. (Signed by Judge Jed S. Rakoff on 1/4/2013) (ft) (Entered: 01/08/2013)

Jan. 7, 2013 PACER

Transmission to Judgments and Orders Clerk. Transmitted re: 13 Order on Motion for Summary Judgment to the Judgments and Orders Clerk. (ft)

Jan. 7, 2013 PACER
14

CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Order dated January 4, 2013, DOJ's motion for summary judgment is granted, and the New York Times' cross-motion for summary judgment is denied; accordingly, judgment is entered for defendant and the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/9/13) (Attachments: # 1 Notice of Right to Appeal)(ml) Modified on 1/9/2013 (ml). (Entered: 01/09/2013)

1 Notice of Right to Appeal

View on PACER

Jan. 9, 2013 PACER
15

INTERNET CITATION NOTE: Material from decision with Internet citation re: 13 Order on Motion for Summary Judgment. (sj) (Entered: 01/30/2013)

Jan. 24, 2013 PACER

State / Territory: New York

Case Type(s):

National Security

Key Dates

Filing Date: April 24, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The New York Times and a New York Times reporter

Plaintiff Type(s):

Public (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), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Courts

Records Disclosure