New York Times Company, et al v. DOD, et al
Plaintiff: New York Times Company and Julian E. Barnes
Defendant: United States Department of Defense, also known as Department of War, Pete Hegseth, in his official capacity as Secretary of Defense, Sean Parnell, in his official capacity as Chief Pentagon Spokesman and Timothy Parlatore, in his official capacity as Special Advisor to the Secretary of Defense
Amicus Curiae: Pentagon Press Association and Society for the Rule of Law
Case Number: 26-5253
Filed: July 6, 2026
Court: U.S. Court of Appeals, D.C. Circuit
Nature of Suit: Other Civil Rights
Docket Report

This docket was last retrieved on September 8, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2026 NOTICE [2191897] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Knight First Amendment Institute at Columbia University [Service Date: 09/08/2026 ] [26-5253] (Fallow, Katherine) [Entered: 09/08/2026 03:28 PM]
September 4, 2026 APPELLEE BRIEF [2191696] filed by Julian E. Barnes and New York Times Company [Service Date: 09/04/2026 ] Length of Brief: 12,993 words. [26-5253] (Boutrous, Theodore) [Entered: 09/04/2026 09:57 PM]
September 2, 2026 NOTICE [2191229] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Society for the Rule of Law [Service Date: 09/02/2026 ] [26-5253] (Voigts, Anne) [Entered: 09/02/2026 07:44 PM]
August 25, 2026 LETTER [2189770] advising of arguing counsel's availability for oral argument filed by DOD and Pete Hegseth [Service Date: 08/25/2026 ] [26-5253] (Janda, Sean) [Entered: 08/25/2026 11:25 AM]
August 13, 2026 NOTICE [2187969] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Pentagon Press Association [Service Date: 08/13/2026 ] [26-5253] (Schulz, David) [Entered: 08/13/2026 08:10 AM]
August 10, 2026 APPENDIX [2187550] filed by DOD, Pete Hegseth, Timothy Parlatore and Sean Parnell [Volumes: 1] [Service Date: 08/10/2026 ] [26-5253] (Janda, Sean) [Entered: 08/10/2026 06:25 PM]
August 10, 2026 APPELLANT BRIEF [2187549] filed by DOD, Pete Hegseth, Timothy Parlatore and Sean Parnell [Service Date: 08/10/2026 ] Length of Brief: 12,105 words. [26-5253] (Janda, Sean) [Entered: 08/10/2026 06:21 PM]
August 5, 2026 CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2186830] filed by Julian E. Barnes and New York Times Company [Service Date: 08/05/2026 ] [26-5253] (Boutrous, Theodore) [Entered: 08/05/2026 06:06 PM]
August 5, 2026 ENTRY OF APPEARANCE [2186829] filed by Theodore J. Boutrous, Jr. and co-counsel Katie Townsend, Susan Pelletier, and Eric Brooks on behalf of Appellees Julian E. Barnes and New York Times Company. [26-5253] (Boutrous, Theodore) [Entered: 08/05/2026 06:03 PM]
July 31, 2026 DOCKETING STATEMENT [2186112] filed by DOD, Pete Hegseth, Timothy Parlatore and Sean Parnell [Service Date: 07/31/2026 ] [26-5253] (Janda, Sean) [Entered: 07/31/2026 11:53 AM]
July 31, 2026 STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2186117] filed by DOD, Pete Hegseth, Timothy Parlatore and Sean Parnell [Service Date: 07/31/2026 ] Intent: AppxNotDeferred [26-5253] (Janda, Sean) [Entered: 07/31/2026 11:55 AM]
July 31, 2026 TRANSCRIPT STATUS REPORT [2186116] filed by DOD, Pete Hegseth, Timothy Parlatore and Sean Parnell [Service Date: 07/31/2026 ]. Status of Transcripts: Final - No transcripts are needed for the appeal. [26-5253] (Janda, Sean) [Entered: 07/31/2026 11:55 AM]
July 31, 2026 STATEMENT OF ISSUES [2186115] filed by DOD, Pete Hegseth, Timothy Parlatore and Sean Parnell [Service Date: 07/31/2026 ] [26-5253] (Janda, Sean) [Entered: 07/31/2026 11:54 AM]
July 31, 2026 UNDERLYING DECISION IN CASE [2186113] submitted by DOD, Pete Hegseth, Timothy Parlatore and Sean Parnell [Service Date: 07/31/2026 ] [26-5253] (Janda, Sean) [Entered: 07/31/2026 11:53 AM]
July 16, 2026 PER ABOVE ORDER lodged Declaration of David McCraw [ # 2183164-2 ] is filed [26-5253] [Entered: 07/16/2026 07:15 PM]
July 16, 2026 PER CURIAM ORDER [2183683] filed granting motion for leave to submit additional evidence [ # 2183098-2 ]. The Clerk is directed to file the lodged declaration of David McCraw. It is FURTHER ORDERED that the emergency motion for stay [ # 2181956-2 ] be granted and that the district courts June 30, 2026, order be stayed. The following expedited briefing schedule will apply: APPELLANT Brief due 08/10/2026. APPENDIX due 08/10/2026. APPELLEE Brief due on 09/04/2026. APPELLANT Reply Brief due 09/18/2026. SEE ORDER FOR DETAILS. Before Judges: Henderson, Millett and Garcia. [26-5253] [Entered: 07/16/2026 07:11 PM]
July 15, 2026 RESPONSE [2183338] to motion for leave to file [ # 2183098-2 ] filed by DOD, Pete Hegseth, Timothy Parlatore and Sean Parnell [Service Date: 07/15/2026 by CM/ECF NDA] Length Certification: 802 words. [26-5253] (Janda, Sean) [Entered: 07/15/2026 01:25 PM]
July 14, 2026 NOTICE [2183273] of Errata regarding Motion for Leave to Submit Additional Evidence filed by Julian E. Barnes and New York Times Company [Service Date: 07/14/2026 ] [26-5253] (Boutrous, Theodore) [Entered: 07/14/2026 06:07 PM]
July 14, 2026 DECLARATION [2183164] of David McCraw lodged by Julian E. Barnes [Service Date: 07/13/2026 ] [26-5253] [Entered: 07/14/2026 11:38 AM]
July 13, 2026 MOTION [2183098] for leave to file supplement filed by New York Times Company and Julian E. Barnes (Service Date: 07/13/2026 by CM/ECF NDA) Length Certification: 483 Words. [26-5253] (Boutrous, Theodore) [Entered: 07/13/2026 09:06 PM]
July 13, 2026 REPLY [2183000] filed by DOD, Pete Hegseth, Timothy Parlatore and Sean Parnell to response [ # 2182828-2 ] [Service Date: 07/13/2026 by CM/ECF NDA] Length Certification: 2590 words. [26-5253] (Janda, Sean) [Entered: 07/13/2026 02:33 PM]
July 10, 2026 RESPONSE IN OPPOSITION [2182828] to motion [ # 2181956-2 ] filed by New York Times Company and Julian E. Barnes [Service Date: 07/10/2026 by CM/ECF NDA] Length Certification: 5197 words. [26-5253] (Boutrous, Theodore) [Entered: 07/10/2026 03:13 PM]
July 7, 2026 PER CURIAM ORDER [2182009] filed ORDERED, on the courts own motion, that appellees file a response to the emergency motion [ # 2181956-2 ] by 4:00 p.m. on Friday, July 10, 2026. Any reply is due by 4:00 p.m. on Monday, July 13, 2026. Before Judges: Henderson, Millett and Garcia. [26-5253] [Entered: 07/07/2026 09:20 AM]
July 6, 2026 NOTICE OF APPEAL [2181830] seeking review of a decision by the U.S. District Court in 1:26-cv-01690-PLF filed by Pete Hegseth, Timothy Parlatore, Sean Parnell and DOD. Appeal assigned USCA Case Number: 26-5253. [26-5253] [Entered: 07/06/2026 11:56 AM]
July 6, 2026 MOTION [2181956] to stay underlying order pending appeal filed by DOD, Pete Hegseth, Timothy Parlatore and Sean Parnell (Service Date: 07/06/2026 by CM/ECF NDA) Length Certification: 5190 words. [26-5253] (Janda, Sean) [Entered: 07/06/2026 04:52 PM]
July 6, 2026 CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2181846] filed by DOD, Pete Hegseth, Timothy Parlatore and Sean Parnell [Service Date: 07/06/2026 ] [26-5253] (Janda, Sean) [Entered: 07/06/2026 12:37 PM]
July 6, 2026 ENTRY OF APPEARANCE [2181845] filed by Brad Hinshelwood and co-counsel Jack Starcher; Sean R. Janda on behalf of Appellants DOD, Pete Hegseth, Timothy Parlatore and Sean Parnell. [26-5253] (Janda, Sean) [Entered: 07/06/2026 12:36 PM]
July 6, 2026 CLERK'S ORDER [2181831] filed directing party to file initial submissions: APPELLANT docketing statement due 08/05/2026. APPELLANT certificate as to parties due 08/05/2026. APPELLANT statement of issues due 08/05/2026. APPELLANT underlying decision due 08/05/2026. APPELLANT deferred appendix statement due 08/05/2026. APPELLANT entry of appearance due 08/05/2026. APPELLANT transcript status report due 08/05/2026. APPELLANT procedural motions due 08/05/2026. APPELLANT dispositive motions due 08/20/2026; directing party to file initial submissions: APPELLEE certificate as to parties due 08/05/2026. APPELLEE entry of appearance due 08/05/2026. APPELLEE procedural motions due 08/05/2026. APPELLEE dispositive motions due 08/20/2026 [26-5253] [Entered: 07/06/2026 11:57 AM]
July 6, 2026 US CIVIL CASE docketed. [26-5253] [Entered: 07/06/2026 11:55 AM]

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Search for this case: New York Times Company, et al v. DOD, et al
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Plaintiff: New York Times Company
Represented By: KatieLynn Boyd Townsend
Represented By: Theodore J. Boutrous Esquire Jr.
Represented By: Susan Pelletier
Represented By: Eric Brooks
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Plaintiff: Julian E. Barnes
Represented By: KatieLynn Boyd Townsend
Represented By: Theodore J. Boutrous Esquire Jr.
Represented By: Susan Pelletier
Represented By: Eric Brooks
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Defendant: United States Department of Defense, also known as Department of War
Represented By: John Starcher
Represented By: Sean R. Janda
Represented By: Bradley Hinshelwood
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Defendant: Pete Hegseth, in his official capacity as Secretary of Defense
Represented By: John Starcher
Represented By: Sean R. Janda
Represented By: Bradley Hinshelwood
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Defendant: Sean Parnell, in his official capacity as Chief Pentagon Spokesman
Represented By: John Starcher
Represented By: Sean R. Janda
Represented By: Bradley Hinshelwood
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Defendant: Timothy Parlatore, in his official capacity as Special Advisor to the Secretary of Defense
Represented By: John Starcher
Represented By: Sean R. Janda
Represented By: Bradley Hinshelwood
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Amicus curiae: Pentagon Press Association
Represented By: John Langford
Represented By: David A. Schulz
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Amicus curiae: Society for the Rule of Law
Represented By: Todd Sunhwae Kim
Represented By: Alexandra G. Elenowitz-Hess
Represented By: Anne M. Voigts
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