New York Times Company et al v. U.S. Food and Drug Administration
| New York Times Company and Sheila Kaplan |
| U.S. Food and Drug Administration |
| 1:2019cv04740 |
| May 22, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Freedom of Information Act |
| 05 U.S.C. § 552 Freedom of Information Act |
| None |
Docket Report
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This docket was last retrieved on September 20, 2021. A more recent docket listing may be available from PACER.
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Filing 49
STIPULATION AND ORDER OF DISMISSAL OF PLAINTIFFS' CLAIM FOR ATTORNEYS' FEES AND COSTS: WHEREAS, IT IS HEREBY STIPULATED, AGREED, and ORDERED as follows: 1. After the Court has approved and docketed this Stipulation and Order, the U.S. Food and Drug Administration ("FDA") shall pay to Plaintiffs via electronic funds transfer the sum of TWENTY THOUSAND DOLLARS ($20,000) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. 552(a)(4)(E), which sum Plaintiffs agree to accept in complete satisfaction of any and all claims by Plaintiffs for attorneys' fees, expenses, costs, interest, and any other sums related to this litigation. Counsel for Plaintiffs will provide the necessaryinformation for FDA to effectuate payment. FDA will undertake its best efforts to pay the amount agreed to within 60 days of the date on which counsel for Plaintiffs has provided FDA with the necessary information for to effectuate payment. 2. Plaintiffs' claim for attorneys' fees and litigation costs is dismissed with prejudice. 3. This Stipulation and Order shall not constitute an admission by FDA that Plaintiffs are entitled to any attorneys fees or litigation costs. 4. The parties agree that this Stipulation and Order is non-precedential with respect to any other proceeding against FDA, the United States, or any agency or instrumentality of the United States. 5. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. 6. Any obligation of the Government to expend funds under this Stipulation and Order is subject to the availability of appropriations in accordance with the Anti-Deficiency Act, 31 U.S.C. 1341. This Stipulation and Order shall not be construed to require the Government to obligate or pay funds in contravention of the Anti-Deficiency Act. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/20/2021) (jca)
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Filing 48
PROPOSED STIPULATION AND ORDER. Document filed by U.S. Food and Drug Administration..(Jacob, Charles)
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Filing 47
MEMO ENDORSEMENT on re: #46 Letter filed by New York Times Company, Sheila Kaplan ENDORSEMENT: Application GRANTED. The parties must file a stipulation and proposed order dismissing Plaintiffs' claim for attorneys' fees not later than September 20, 2021. (Signed by Judge Valerie E. Caproni on 8/26/2021) (cf)
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Filing 46
JOINT LETTER addressed to Judge Valerie E. Caproni from David McCraw dated August 26, 2021 re: Joint Status Letter Regarding Attorneys' Fees. Document filed by Sheila Kaplan, New York Times Company..(McCraw, David)
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Filing 45
STIPULATION AND ORDER OF DISMISSAL: WHEREAS, IT IS HEREBY STIPULATED, AGREED, and ORDERED as follows: The productions set forth above fully resolve any and all claims that Plaintiffs now have or may hereinafter acquire against FDA or the United States of America (the "United States"), or any department, agency, officer, or employee of Defendant and/or the United States, related to or arising out of the FOIA Requests, except for any claims for attorneys' fees and costs by Plaintiffs under 5 U.S.C. 552(a)(4)(E). Plaintiffs reserve the right to file a claim for fees and costs pursuant to 5 U.S.C. 552(a)(4)(E), and Defendant reserves its right to oppose any such application. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, this action is hereby dismissed with prejudice; provided, however, that the Court shall retain jurisdiction to adjudicate a request by Plaintiffs for attorneys' fees and costs under 5 U.S.C. 552(a)(4)(E). The Clerk of Court is respectfully directed to terminate all open motions and to close this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/21/2021) (ama)
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Filing 44
PROPOSED STIPULATION AND ORDER. Document filed by U.S. Food and Drug Administration..(Jacob, Charles)
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Filing 43
MEMO ENDORSEMENT on re: #42 Letter filed by U.S. Food and Drug Administration. ENDORSEMENT: Application GRANTED. Not later than June 21, 2021, the parties must submit a stipulation and proposed order dismissing Plaintiffs' remaining claims in this action. Not later than August 31, 2021, to the extent the parties have been unable to resolve privately any fee- related issues, Plaintiffs must submit any applications for attorneys' fees. So Ordered.(Motions due by 8/31/2021.) (Signed by Judge Valerie E. Caproni on 6/16/2021) (js)
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Filing 42
JOINT LETTER addressed to Judge Valerie E. Caproni from Charles S. Jacob dated June 15, 2021 re: Joint Status Letter. Document filed by U.S. Food and Drug Administration..(Jacob, Charles)
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Filing 41
ORDER granting #40 Letter Motion for Extension of Time. Application GRANTED. The parties' deadlines to file summary judgment motions and accompanying documents are ADJOURNED sine die. Not later than June 15, 2021, the parties must file a joint letter on the status of FDA's productions and the parties' efforts to resolve this matter without additional motion practice. To the extent the parties are unable to reach a mutually agreeable resolution on all issues, the parties must include a proposed briefing schedule on any renewed motions for summary judgment in their June 15, 2021 letter. So Ordered. (Signed by Judge Valerie E. Caproni on 5/13/2021) (js)
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Filing 40
JOINT LETTER MOTION for Extension of Time and Status Update addressed to Judge Valerie E. Caproni from Charles S. Jacob dated May 13, 2021. Document filed by U.S. Food and Drug Administration..(Jacob, Charles)
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Filing 39
INTERNET CITATION NOTE: Material from decision with Internet citation re: #38 Memorandum & Opinion, Set Deadlines. (sjo)
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Filing 38
OPINION AND ORDER re: #19 MOTION for Summary Judgment filed by U.S. Food and Drug Administration, #25 CROSS MOTION for Summary Judgment filed by New York Times Company, Sheila Kaplan. For the foregoing reasons, FDA's motion for summary judgment is DENIED without prejudice and Plaintiffs' cross-motion for summary judgment is DENIED without prejudice. FDA is instructed to submit a revised Vaughn index addressing internal Juul classifications, analyses, or communications concerning consumer and non-consumer complaints. FDA must also supplement the Vaughn index entries concerning the records in the Consumer Research and Strategy category. Finally, FDA must submit a segregability analysis concerning any records that contain internal Juul analysis or communication in addition to complaints and Juul's responses to complaints. To the extent FDA seeks to continue withholding the contested records, it must submit a renewed motion for summary judgment along with the above materials not later than May 17, 2021. Plaintiffs may submit a renewed cross-motion for summary judgment not later than June 14, 2021. The Court also encourages the parties to meet-and-confer in light of this opinion to determine whether further motion practice can be obviated by a mutually agreeable production of records. The Clerk of Court is respectfully requested to terminate the open motions at Dkt. 19 and Dkt. 25. ( Cross Motions due by 6/14/2021., Motions due by 5/17/2021.) (Signed by Judge Valerie E. Caproni on 3/29/2021) (mro)
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Filing 37
MEMO ENDORSEMENT on re: #36 Letter filed by U.S. Food and Drug Administration. ENDORSEMENT: Plaintiffs may respond to Defendant's letter not later than January 29, 2021. (Signed by Judge Valerie E. Caproni on 1/22/2021) (cf)
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Filing 36
LETTER addressed to Judge Valerie E. Caproni from Charles S. Jacob dated January 21, 2021 re: Recent Supplemental Authority. Document filed by U.S. Food and Drug Administration..(Jacob, Charles)
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Filing 35
DECLARATION of Alexandra Perloff-Giles in Support re: #25 CROSS MOTION for Summary Judgment .. Document filed by Sheila Kaplan, New York Times Company..(McCraw, David)
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Filing 34
REPLY MEMORANDUM OF LAW in Support re: #25 CROSS MOTION for Summary Judgment . . Document filed by Sheila Kaplan, New York Times Company..(McCraw, David)
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Filing 33
DECLARATION of Marqui Q. Barnes in Support re: #19 MOTION for Summary Judgment .. Document filed by U.S. Food and Drug Administration. (Attachments: #1 Exhibit A - Amended Vaughn Index).(Jacob, Charles)
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Filing 32
MEMORANDUM OF LAW in Opposition re: #25 CROSS MOTION for Summary Judgment . and in Further Support of FDA's Motion for Summary Judgment. Document filed by U.S. Food and Drug Administration..(Jacob, Charles)
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Filing 31
ORDER: granting #30 Letter Motion for Extension of Time to File Response/Reply re #30 CONSENT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Valerie E. Caproni from Charles S. Jacob dated May 1, 2020. Application Granted. SO ORDERED. Replies due by 6/26/2020. (Signed by Judge Valerie E. Caproni on 5/01/2020) (ama)
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Filing 30
CONSENT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Valerie E. Caproni from Charles S. Jacob dated May 1, 2020. Document filed by U.S. Food and Drug Administration..(Jacob, Charles)
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Filing 29
ORDER granting #28 Letter Motion for Extension of Time. Application Granted. So Ordered. (Signed by Judge Valerie E. Caproni on 4/13/2020) (js)
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Set/Reset Deadlines: Responses due by 5/5/2020 Replies due by 5/26/2020. (js)
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Filing 28
CONSENT LETTER MOTION for Extension of Time to File FDA's Combined Response to Plaintiffs Cross-motion For Summary Judgment and Reply in Support of its Motion for Summary Judgment addressed to Judge Valerie E. Caproni from Charles S. Jacob dated April 10, 2020. Document filed by U.S. Food and Drug Administration..(Jacob, Charles)
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Filing 27
DECLARATION of David E. McCraw in Support re: #25 CROSS MOTION for Summary Judgment .. Document filed by Sheila Kaplan, New York Times Company..(McCraw, David)
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Filing 26
MEMORANDUM OF LAW in Support re: #25 CROSS MOTION for Summary Judgment . . Document filed by Sheila Kaplan, New York Times Company..(McCraw, David)
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Filing 25
CROSS MOTION for Summary Judgment . Document filed by Sheila Kaplan, New York Times Company. Responses due by 4/14/2020.(McCraw, David)
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Filing 24
JOINT LETTER addressed to Judge Valerie E. Caproni from Alexandra Perloff-Giles dated March 24, 2020 re: The New York Times Company et al. v. Food and Drug Administration (19-cv-4740). Document filed by Sheila Kaplan, New York Times Company..(Perloff-Giles, Alexandra)
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Filing 23
DECLARATION of Joanna Engelke in Support re: #19 MOTION for Summary Judgment .. Document filed by U.S. Food and Drug Administration. (Attachments: #1 Exhibit A - 904(b) Request).(Jacob, Charles)
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Filing 22
DECLARATION of Marqui Q. Barnes in Support re: #19 MOTION for Summary Judgment .. Document filed by U.S. Food and Drug Administration. (Attachments: #1 Exhibit A - November 9, 2018, Predisclosure Notice, #2 Exhibit B - July 16, 2019, Predisclosure Notice, #3 Exhibit C - Vaughn Index).(Jacob, Charles)
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Filing 21
DECLARATION of Sarah B. Kotler in Support re: #19 MOTION for Summary Judgment .. Document filed by U.S. Food and Drug Administration. (Attachments: #1 Exhibit A - FOIA Request 2018-5116, #2 Exhibit B - Section 904(b) Letter, #3 Exhibit C - FOIA Request 2018-8462, #4 Exhibit D - Exemption 7A Denial Letter).(Jacob, Charles)
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Filing 20
MEMORANDUM OF LAW in Support re: #19 MOTION for Summary Judgment . . Document filed by U.S. Food and Drug Administration..(Jacob, Charles)
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Filing 19
MOTION for Summary Judgment . Document filed by U.S. Food and Drug Administration..(Jacob, Charles)
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time. Application Granted. So ordered. Motions due by 3/3/2020. (Signed by Judge Valerie E. Caproni on 2/12/2020) (js)
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Set/Reset Deadlines: Cross Motions due by 3/31/2020. Responses due by 4/14/2020 Replies due by 4/28/2020. (js)
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Filing 17
CONSENT LETTER MOTION for Extension of Time to File Summary Judgment Papers addressed to Judge Valerie E. Caproni from Charles S. Jacob dated February 11, 2020. Document filed by U.S. Food and Drug Administration..(Jacob, Charles)
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Filing 16
JOINT LETTER addressed to Judge Valerie E. Caproni from Alexandra Perloff-Giles dated January 3, 2020 re: The New York Times Company et al. v. Food and Drug Administration (19-cv-4740). Document filed by Sheila Kaplan, New York Times Company.(Perloff-Giles, Alexandra)
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Filing 15
ORDER: granting in part #14 Letter Motion to Adjourn Conference. Application GRANTED in part. The Court adopts the parties' proposed schedule as modified. If Juul moves to intervene in this case, the Court will at that time determine whether the motion is timely. But the Court warns Juul that is unlikely to significantly modify the proposed schedule, thus Juul should make a timely decision whether to move to intervene. The conference scheduled for November 22, 2019, is CANCELLED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/20/2019) (ama)
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Filing 14
JOINT LETTER MOTION to Adjourn Conference and Joint Status Report addressed to Judge Valerie E. Caproni from Charles S. Jacob dated November 15, 2019. Document filed by U.S. Food and Drug Administration.(Jacob, Charles)
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Filing 13
NOTICE OF APPEARANCE by Alexandra Perloff-Giles on behalf of Sheila Kaplan, New York Times Company. (Perloff-Giles, Alexandra)
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NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L Cave. Please note that this is a reassignment of the designation only. (wb)
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Magistrate Judge Sarah L. Cave is so redesignated. (wb)
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Filing 12
ORDER: granting #11 Letter Motion to Adjourn Conference. Application GRANTED. The parties' proposed productions schedule is ADOPTED. The IPTC is ADJOURNED to November 22, 2019, at 10:00 a.m. In their November 15, 2019 status update, inaddition to proposing a schedule for briefing any motions for summary judgment, the parties must inform the Court whether, in their view, the IPTC would be beneficial or should be cancelled. SO ORDERED. Initial Conference set for 11/22/2019 at 10:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 7/11/2019) (ama)
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| Filing 11 JOINT LETTER MOTION to Adjourn Conference and Joint Submission in Advance of the Initial Pretrial Conference with a Proposed Schedule addressed to Judge Valerie E. Caproni from Charles S. Jacob dated July 11, 2019. Document filed by U.S. Food and Drug Administration.(Jacob, Charles) |
| Filing 10 ANSWER to #1 Complaint. Document filed by U.S. Food and Drug Administration.(Jacob, Charles) |
| Filing 9 NOTICE OF APPEARANCE by Charles Salim Jacob on behalf of U.S. Food and Drug Administration. (Jacob, Charles) |
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/19/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni, as further set forth in this order. (Signed by Judge Valerie E. Caproni on 5/24/2019) (jwh)
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| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate BlackRock, Inc. for New York Times Company, Sheila Kaplan. Document filed by Sheila Kaplan, New York Times Company.(McCraw, David) |
| Filing 6 NOTICE OF APPEARANCE by Dana Robinson Green on behalf of Sheila Kaplan, New York Times Company. (Green, Dana) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to U.S. Food and Drug Administration. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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. (dnh) |
| Magistrate Judge Henry B. Pitman 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. (dnh) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David Edward McCraw to RE-FILE Document #2 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi) |
| Case Designated ECF. (dnh) |
| Filing 4 CIVIL COVER SHEET filed. (McCraw, David) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Food and Drug Administration, re: #1 Complaint. Document filed by Sheila Kaplan, New York Times Company. (McCraw, David) |
| Filing 2 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Times Company.(McCraw, David) Modified on 5/23/2019 (ldi). |
| Filing 1 COMPLAINT against U.S. Food and Drug Administration. (Filing Fee $ 400.00, Receipt Number ANYSDC-16937957)Document filed by Sheila Kaplan, New York Times Company.(McCraw, David) |
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