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

1:17-cv-07439 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 28, 2017

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On September 28, 2017, the New York Times Company filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiff sued the U.S. Department of Justice (DOJ) and the U.S. Department of Education (DOE) under the Freedom of Information Act (FOIA). The plaintiff, represented by private counsel, sought declaratory and injunctive relief as well as attorneys’ fees and costs. The case was assigned to District Judge John G. Koeltl and referred to Magistrate Judge Gabrie…

On September 28, 2017, the New York Times Company filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiff sued the U.S. Department of Justice (DOJ) and the U.S. Department of Education (DOE) under the Freedom of Information Act (FOIA). The plaintiff, represented by private counsel, sought declaratory and injunctive relief as well as attorneys’ fees and costs. The case was assigned to District Judge John G. Koeltl and referred to Magistrate Judge Gabriel W. Gorenstein.

Before bringing this action, the plaintiff had filed a FOIA request seeking records relating to the work of the DOJ’s Civil Rights Division on affirmative action under the Trump administration. On August 1, 2017, the plaintiff reported in The New York Times that the DOJ had posted an announcement to the agency’s Civil Rights Division seeking lawyers for a new project involving “investigations and possible litigation related to intentional race-based discrimination in college and university admissions.” The plaintiff claimed that this announcement suggested that President Trump and his administration intended to use DOJ resources to investigate and sue universities over affirmative action admissions policies that allegedly discriminated against white applicants. After their FOIA request was denied, the plaintiff brought this action to obtain an order for the production of agency records from the DOJ and DOE.

According to Charlie Savage of the New York Times' website, these documents were produced in November and December of 2017, after the complaint was filed. The produced DOJ documents and the DOE documents are both available through the same site.

The parties filed a stipulation of voluntary dismissal whereby they agreed to dismiss the case with prejudice. The court accepted the stipulation on January 17, 2018. The case is closed.

Summary Authors

Jake Parker (6/19/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6250815/parties/new-york-times-company-v-us-department-of-justice/


Judge(s)

Forrest, Katherine Bolan (New York)

Attorney for Plaintiff

McCraw, David E (New York)

Attorney for Defendant

Mohan, Sharanya (New York)

Judge(s)

Forrest, Katherine Bolan (New York)

Attorney for Plaintiff
Attorney for Defendant

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Documents in the Clearinghouse

Document

1:17-cv-07439

Docket [PACER]

Jan. 17, 2018

Jan. 17, 2018

Docket
1

1:17-cv-07439

Complaint

Sept. 28, 2017

Sept. 28, 2017

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6250815/new-york-times-company-v-us-department-of-justice/

Last updated March 8, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Department Of Justice, Department of Education. (Filing Fee $ 400.00, Receipt Number 0208-14183881)Document filed by New York Times Company, Charlie Savage. (Attachments: # 1 Civil Cover Sheet)(McCraw, David) (Entered: 09/28/2017)

1 Civil Cover Sheet

View on PACER

Sept. 28, 2017

Sept. 28, 2017

RECAP
2

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Grupo Financiero Inbursa de S.A.B. de C.V for New York Times Company. Document filed by New York Times Company, Charlie Savage.(McCraw, David) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
3

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -REQUEST FOR ISSUANCE OF SUMMONS as to Department of Justice; Department of Education, re: 1 Complaint. Document filed by New York Times Company, Charlie Savage. (McCraw, David) Modified on 9/29/2017 (pc). (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Edward McCraw. The party information for the following party/parties has been modified: Department Of Justice, Department of Education. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pc)

Sept. 29, 2017

Sept. 29, 2017

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney David Edward McCraw to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc)

Sept. 29, 2017

Sept. 29, 2017

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Parties listed on the docket entry for the summons must be written exactly as they appear on the complaint caption title. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)

Sept. 29, 2017

Sept. 29, 2017

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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)

Sept. 29, 2017

Sept. 29, 2017

PACER

Magistrate Judge Gabriel W. Gorenstein is so designated. 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: http://nysd.uscourts.gov/forms.php. (pc)

Sept. 29, 2017

Sept. 29, 2017

PACER

Case Designated ECF. (pc)

Sept. 29, 2017

Sept. 29, 2017

PACER
4

CIVIL COVER SHEET filed. (McCraw, David) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Education; U.S. Department of Justice, re: 1 Complaint. Document filed by New York Times Company, Charlie Savage. (McCraw, David) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

RECAP
6

ELECTRONIC SUMMONS ISSUED as to U.S. Department of Education, U.S. Department of Justice. (kl) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER

NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge John G. Koeltl is no longer assigned to the case. (ma)

Oct. 2, 2017

Oct. 2, 2017

PACER
7

ORDER: Accordingly, the Court hereby directs the parties to confer and file a joint letter stating whether you agree and, if so, proposing a briefing schedule in this matter. The joint letter shall be filed by the parties not later than Monday, October 30, 2017. Additionally, it is hereby ORDERED that lead counsel for all parties shall appear for a conference on Thursday, November 2, 2017 at 9:00 a.m. SO ORDERED., ( Status Conference set for 11/2/2017 at 09:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/02/2017) (ama) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
8

NOTICE OF APPEARANCE by Sharanya Mohan on behalf of U.S. Department of Education, U.S. Department of Justice. (Mohan, Sharanya) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
9

CONSENT LETTER MOTION for Extension of Time to submit joint letter and for adjournment of conference addressed to Judge Katherine B. Forrest from Sharanya Mohan dated October 24, 2017. Document filed by U.S. Department of Education, U.S. Department of Justice.(Mohan, Sharanya) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
10

ORDER granting 9 Letter Motion for Extension of Time. Adjournment is granted. The IPTC is rescheduled to 12/8/2017 at 4 pm. The 10/30 deadline for the joint briefing schedule is adjourned to 11/22/2017. So Ordered. (Signed by Judge Katherine B. Forrest on 10/30/2017) (js) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER

Set/Reset Hearings: Initial Conference set for 12/8/2017 at 04:00 PM before Judge Katherine B. Forrest. (js)

Oct. 30, 2017

Oct. 30, 2017

PACER
11

ANSWER to 1 Complaint. Document filed by U.S. Department of Education, U.S. Department of Justice.(Mohan, Sharanya) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
12

JOINT LETTER addressed to Judge Katherine B. Forrest from David E. McCraw dated 11/22/2017 re: Joint Proposed Schedule. Document filed by New York Times Company, Charlie Savage.(McCraw, David) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
13

MEMO ENDORSED on re: 12 Letter filed by New York Times Company, Charlie Savage. ENDORSEMENT: The Initial conference previously scheduled for 12/8/17 is adjourned. The motions schedule above shall govern. So Ordered.( Cross Motions due by 2/26/2018., Motions due by 1/29/2018., Responses due by 2/26/2018, Replies due by 3/26/2017.) (Signed by Judge Katherine B. Forrest on 11/27/2017) (js) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

RECAP

Set/Reset Deadlines: Replies due by 3/26/2018. (js)

Nov. 27, 2017

Nov. 27, 2017

PACER
14

STIPULATION OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between the parties' respective counsel that: 1. The above-captioned action is voluntarily dismissed with prejudice against defendants U.S. Department of Education and U.S. Department of Justice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), with each side bearing its own fees and costs. 2. This Stipulation may be signed in counterparts. SO ORDERED. (Signed by Judge Katherine B. Forrest on 1/17/2018) (ama) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER

Case Details

State / Territory: New York

Case Type(s):

Education

Special Collection(s):

Trump Administration FOIA cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2017

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The New York Times Company.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Justice, Federal

United States Department of Education, Federal

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: Plaintiff

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Issues

General:

Records Disclosure

Type of Facility:

Government-run