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

1:17-cv-01946 | U.S. District Court for the Southern District of New York

Filed Date: March 16, 2017

Closed Date: July 30, 2018

Clearinghouse coding complete

Case Summary

On Mar. 16, 2017, the New York Times and its reporter Charlie Savage brought this lawsuit in the U.S. District Court for the Southern District of New York against the U.S. Department of Justice (DOJ) under the Freedom of Information Act (FOIA). Plaintiffs sought disclosure of agency records by the Office of Legal Counsel (OLC), a component of DOJ which reviews all Executive Orders for form and legality and reviews legal questions raised by other parts of the executive branch. Specifically, plai…

On Mar. 16, 2017, the New York Times and its reporter Charlie Savage brought this lawsuit in the U.S. District Court for the Southern District of New York against the U.S. Department of Justice (DOJ) under the Freedom of Information Act (FOIA).

Plaintiffs sought disclosure of agency records by the Office of Legal Counsel (OLC), a component of DOJ which reviews all Executive Orders for form and legality and reviews legal questions raised by other parts of the executive branch.

Specifically, plaintiffs sought the disclosure of records related to OLC reviews of:

1. All emails, memos, and other documents related to OLC review of proposed Trump administration Executive Orders for form and legality, including during the transition period; and

2. All emails, memos, and other documents related to OLC review of other proposed Trump White House matters, including during the transition period, including but not limited to whether the appointment of Jared Kushner to a White House role would violate anti-nepotism laws and whether the president's ongoing business operations would violate the Emoluments Clause.

The complaint alleged that, on Jan. 28, 2017, plaintiffs submitted the above FOIA request to the defendant federal agencies. The complaint further alleged that, to date, plaintiffs had not received a substantive response from the defendant agencies, and that plaintiffs had constructively exhausted all required administrative remedies. Plaintiffs sought a disclosure order of the information above under FOIA and legal fees.

On Mar. 17, the case was assigned to Judge P. Kevin Castel and to Magistrate Judge Ronald L. Ellis.

On Sept. 11, the parties filed a letter with the court noting that the government completed its initial FOIA searches by Aug. 31. On Oct. 3, the parties submitted a status report noting their agreement that the government would make its first FOIA release on Nov. 10. The Jan. 19, 2018 status report, modified by a later order, stated that DOJ would provide an index of produced documents by Mar. 12. A status report filed on May 7, 2018 indicated the government had processed some but not all of the index.

On July 20, 2018, the plaintiffs filed notice of voluntary dismissal. The case is now closed. The documents released by the government are available through this case page.

Summary Authors

Ava Morgenstern (4/7/2018)

Virginia Weeks (8/5/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4619003/parties/the-new-york-times-company-v-us-department-of-justice/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant
Expert/Monitor/Master/Other

Abramson, Neil Howard (New York)

Ainsworth, Jennifer Parker (New York)

Alloy, Joshua F (New York)

Annese, Michelle A. (New York)

Baranetsky, Diana Victoria (New York)

Judge(s)

Castel, P. Kevin (New York)

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Documents in the Clearinghouse

Document

1:17-cv-01946

Docket [PACER]

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

July 30, 2018

July 30, 2018

Docket
1

1:17-cv-01946

Complaint

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

March 16, 2017

March 16, 2017

Complaint
9

1:17-cv-01946

Answer

NYT v. U.S. Department of Justice

April 28, 2017

April 28, 2017

Pleading / Motion / Brief
12

1:17-cv-01946

Re: New York Times v. U.S. Department of Justice

New York Times v. Department of Justice

Sept. 11, 2017

Sept. 11, 2017

Pleading / Motion / Brief
14

1:17-cv-01946

Re: New York Times v. U.S. Department of Justice

New York Times v. Department of Justice

Oct. 2, 2017

Oct. 2, 2017

Pleading / Motion / Brief
17

1:17-cv-01946

Re: New York Times v. U.S. Department of Justice

New York Times v. Department of Justice

Nov. 15, 2017

Nov. 15, 2017

Pleading / Motion / Brief

1:17-cv-01946

[FOIA Release]

New York Times v. Department of Justice

Dec. 15, 2017

Dec. 15, 2017

Discovery Material/FOIA Release

1:17-cv-01946

[FOIA Release]

New York Times v. Department of Justice

Jan. 16, 2018

Jan. 16, 2018

Discovery Material/FOIA Release
19

1:17-cv-01946

[Defendant's Motion re: Joint Status Report and Request for Leave to Submit Further Status Report]

New York Times v. Department of Justice

Jan. 19, 2018

Jan. 19, 2018

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4619003/the-new-york-times-company-v-us-department-of-justice/

Last updated March 14, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against U.S. Department Of Justice. (Filing Fee $ 400.00, Receipt Number 0208-13430763)Document filed by The New York Times Company, Charlie Savage.(McCraw, David) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

RECAP
2

CIVIL COVER SHEET filed. (McCraw, David) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
3

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Grupo Finaciero Inbursa, S.A.B. de C.V. for The New York Times Company. Document filed by The New York Times Company.(McCraw, David) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint. Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
5

NOTICE OF APPEARANCE by Ian MacDougall on behalf of Charlie Savage, The New York Times Company. (MacDougall, Ian) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. 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 http://nysd.uscourts.gov/ecf_filing.php. (pc)

March 17, 2017

March 17, 2017

PACER

Magistrate Judge Ronald L. Ellis is so designated. (pc)

March 17, 2017

March 17, 2017

PACER

Case Designated ECF. (pc)

March 17, 2017

March 17, 2017

PACER
6

ELECTRONIC SUMMONS ISSUED as to U.S. Department Of Justice. (pc) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
7

ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/18/2017 at 10:30 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 4/4/2017) (cf) (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

PACER
8

NOTICE OF APPEARANCE by Rebecca Sol Tinio on behalf of U.S. Department Of Justice. (Tinio, Rebecca) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
9

ANSWER to 1 Complaint. Document filed by U.S. Department Of Justice.(Torrance, Benjamin) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

RECAP
10

LETTER addressed to Judge P. Kevin Castel from Rebecca S. Tinio dated July 12, 2017 re: Case Summary and Request to Endorse Proposed Agreed Deadlines. Document filed by U.S. Department Of Justice.(Tinio, Rebecca) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
11

MEMO ENDORSEMENT on re: 10 Letter filed by U.S. Department Of Justice. ENDORSEMENT: The proposed schedule is approved. The July 18 conference is adjourned to Oct. 6, 2017 at 10:45am. (Initial Conference set for 10/6/2017 at 10:45 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 7/12/2017) (cf) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
12

LETTER addressed to Judge P. Kevin Castel from Rebecca S. Tinio dated September 11, 2017 re: Status Report and Request for Leave to Submit Further Status Report. Document filed by U.S. Department Of Justice.(Tinio, Rebecca) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
13

MEMO ENDORSEMENT on re: 12 LETTER addressed to Judge P. Kevin Castel from Rebecca S. Tinio dated September 11, 2017 re: Status Report and Request for Leave to Submit Further Status Report. Document filed by U.S. Department Of Justice. ENDORSEMENT: Application granted. So ordered. (Signed by Judge P. Kevin Castel on 9/11/2017) (rjm) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER
14

LETTER addressed to Judge P. Kevin Castel from Rebecca S. Tinio dated October 2, 2017 re: Joint Status Report and Request for Leave to Submit Further Status Report. Document filed by U.S. Department Of Justice.(Tinio, Rebecca) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
15

MEMO ENDORSEMENT on re: 14 Letter filed by U.S. Department Of Justice. ENDORSEMENT: Adopted. The parties agreements are adopted as the Order of this Court. Conference is adjourned from October 6 to Nov. 30, 2017 at 11:30 a.m. (Initial Conference set for 11/30/2017 at 11:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 10/3/2017) (cf) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
16

NOTICE OF WITHDRAW AL OF COUNSEL. PLEASE TAKE NOTICE THAT, as of September 18, 2017, Ian MacDougall is no longer with the Legal Department of The New York Times Company and hereby withdraws his appearance as counsel for Plaintiffs The New York Times Company and Charlie Savage in the above-captioned litigation and requests that his name be removed from the Court's and the parties' service lists. David E. McCraw continues to serve as Lead Counsel for Plaintiffs, and all future correspondence and papers in this action should continue to be directed to him. Application for Ian MacDougall to withdraw is granted. So ordered. Attorney Ian MacDougall terminated. (Signed by Judge P. Kevin Castel on 10/6/2017) (rjm) Modified on 11/14/2017 (rjm). (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

RECAP
17

LETTER addressed to Judge P. Kevin Castel from Rebecca S. Tinio dated November 15, 2017 re: Joint Status Report and Request for Leave to Submit Further Status Report. Document filed by U.S. Department Of Justice.(Tinio, Rebecca) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
18

MEMO ENDORSEMENT on re: 17 Letter filed by U.S. Department Of Justice. ENDORSEMENT: Conference Adjourned From: November 30, 2017 To: Jan. 23, 2018 at 10:30 a.m. (Initial Conference set for 1/23/2018 at 10:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 11/15/2017) (cf) (Entered: 11/16/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
19

LETTER addressed to Judge P. Kevin Castel from Rebecca S. Tinio dated January 19, 2018 re: Joint Status Report and Request for Leave to Submit Further Status Report. Document filed by U.S. Department Of Justice.(Tinio, Rebecca) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
20

ORDER INITIAL PRETRIAL CONFERENCE: The initial conference scheduled for January 23, 2018 is adjourned to March 20, 2018 at 1:45 p.m. in Courtroom 11D at 500 Pearl Street, New York, NY. Initial Conference set for 3/20/2018 at 01:45 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 1/22/2018) (cf) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
21

LETTER addressed to Judge P. Kevin Castel from Rebecca S. Tinio dated March 2, 2018 re: Request for Extension of Time. Document filed by U.S. Department Of Justice.(Tinio, Rebecca) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

RECAP
22

MEMO ENDORSEMENT on re: 21 Letter filed by U.S. Department Of Justice. ENDORSEMENT: Schedule and proposed actions are adopted as an Order of this Court. (Signed by Judge P. Kevin Castel on 3/2/2018) (cf) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
23

LETTER addressed to Judge P. Kevin Castel from David E. McCraw dated March 13, 2018 re: Request for Adjournment. Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 03/13/2018)

March 13, 2018

March 13, 2018

PACER
24

MEMO ENDORSEMENT on re: 23 Letter filed by The New York Times Company, Charlie Savage. ENDORSEMENT: Conference adjourned from March 20 to April 6, 2018 at 11:00 a.m. (Initial Conference set for 4/6/2018 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/13/2018) (cf) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

PACER

NOTICE: The conference originally scheduled for April 6, 2018 is moved to April 2, 2018 at 11:15 a.m. in Courtroom 11D. (Nacanther, Florence)

March 26, 2018

March 26, 2018

PACER
25

LETTER addressed to Judge P. Kevin Castel from Rebecca S. Tinio dated March 27, 2018 re: Joint Status Report and Request for Leave to Submit Further Joint Status Report. Document filed by U.S. Department Of Justice.(Tinio, Rebecca) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
26

MEMO ENDORSEMENT on re: 25 Letter filed by U.S. Department Of Justice. ENDORSEMENT: The parties agreements are approved and adopted to this Court's Order. Conference adjourned from April 2 to June 1, 2018 at 11:00 a.m. (Initial Conference set for 6/1/2018 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/29/2018) (cf) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
27

LETTER addressed to Judge P. Kevin Castel from Rebecca S. Tinio dated May 7, 2018 re: Status Report and Request for Leave to Submit Further Status Report. Document filed by U.S. Department Of Justice.(Tinio, Rebecca) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

RECAP
28

MEMO ENDORSEMENT on re: 27 Letter filed by U.S. Department Of Justice. ENDORSEMENT: The agreement of the parties is adopted as an order of the Court. The June 1 conference is adjourned to September 4, 2018 at 2 PM. (Initial Conference set for 9/4/2018 at 02:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 5/9/2018) (cf) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
29

LETTER addressed to Judge P. Kevin Castel from Rebecca S. Tinio dated May 15, 2018 re: Request to Reschedule Conference. Document filed by U.S. Department Of Justice.(Tinio, Rebecca) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
30

MEMO ENDORSEMENT on re: 29 Letter Request to Reschedule Conference, filed by U.S. Department Of Justice. ENDORSEMENT: Conference adjourned from 9/4/2018 to August 28, 2018 at 12p.m. So Ordered., (Initial Conference set for 8/28/2018 at 12:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 5/15/18) (yv) (Entered: 05/17/2018)

May 16, 2018

May 16, 2018

PACER
31

NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) All Defendants. Document filed by All Defendants. (Tinio, Rebecca) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

RECAP

Case Details

State / Territory: New York

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration FOIA cases

Multi-LexSum (in sample)

Key Dates

Filing Date: March 16, 2017

Closing Date: July 30, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The New York Times Company publishes The New York Times newspaper and www.nytimes.com. Charlie Savage is a reporter for The New York Times and an employee of The New York Times Company.

Plaintiff Type(s):

Private Plaintiff

Public (for-profit) corporation

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Justice, Federal

Case Details

Causes of Action:

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

Constitutional Clause(s):

Emoluments Clauses

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal