New York Times Company, et al v. DOD, et al
| New York Times Company and Julian E. Barnes |
| 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 |
| Pentagon Press Association and Society for the Rule of Law |
| 26-5253 |
| July 6, 2026 |
| U.S. Court of Appeals, D.C. Circuit |
| Other Civil Rights |
Docket Report
This docket was last retrieved on September 8, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| PER ABOVE ORDER lodged Declaration of David McCraw [ # 2183164-2 ] is filed [26-5253] [Entered: 07/16/2026 07:15 PM] |
| 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] |
| 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] |
| 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] |
| DECLARATION [2183164] of David McCraw lodged by Julian E. Barnes [Service Date: 07/13/2026 ] [26-5253] [Entered: 07/14/2026 11:38 AM] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| 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] |
| US CIVIL CASE docketed. [26-5253] [Entered: 07/06/2026 11:55 AM] |
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