Case 1:21-cv-06073-KPF Document 9 Filed 12/02/21 Page 1 of 2
U.S. Department of Justice
United States Attorney
Southern District of New York
86 Chambers Street
New York, New York 10007
December 2, 2021
BY ECF
The Honorable Katherine Polk Failla
United States District Judge
United States District Court
40 Foley Square
New York, New York 10007
Re: The New York Times Company v. United States Department of Justice, 21 Civ. 06073
Dear Judge Failla:
This Office represents defendant U.S. Department of Justice (“DOJ” or “Defendant”) in
this action arising under the Freedom of Information Act (“FOIA”). I write respectfully on behalf
of Defendant and plaintiff The New York Times Company (“Plaintiff”) to provide the joint letter
due today pursuant to the Court’s Order dated August 8, 2021, Dkt. No. 7, and to request an
adjournment of the initial conference scheduled for December 10, 2021, at 3:30pm. The
information requested by the Court is as follows:
(i) A brief statement of the nature of the action, the principal defenses thereto, and the
major legal and factual issues that are most important to resolving the case, whether by
trial, settlement, or dispositive motion
This is a FOIA action in which Plaintiff seeks release of an internal record created by the
Office of Special Counsel Robert Mueller (“SCO”) referenced in former SCO prosecutor
Andrew Weissman’s book Where the Law Ends: Inside the Muller Investigation. Since Plaintiff
filed its complaint, Defendant has located and begun processing this record and intends to release
all non-exempt portions to Plaintiff once processing is complete. After Defendant makes its
release, the parties will be in a better position to determine whether any motion practice, which
would likely focus on the validity of exemptions asserted by Defendant, is necessary.
(ii) A brief explanation of why jurisdiction and venue lie in this Court
Plaintiff states that this Court has subject matter jurisdiction over this action pursuant to
28 U.S.C. § 1331 and 5 U.S.C. § 552(a)(4)(B) and that, because Plaintiff’s place of business is in
this district, venue is proper under 5 U.S.C. § 552(a)(4)(B). Defendant does not contest
jurisdiction or venue.
Case 1:21-cv-06073-KPF Document 9 Filed 12/02/21 Page 2 of 2
The Honorable Katherine Polk Failla
December 2, 2021
Page 2
(iii) A statement of all existing deadlines, due dates, and/or cut-off dates
At this time there are no deadlines, due dates, or cut-off dates.
(iv) A brief description of any outstanding motions
There are no outstanding motions.
(v) A brief description of any discovery that has already taken place and of any discovery
that is necessary for the parties to engage in meaningful settlement negotiations
No discovery has taken place or is anticipated as this is a FOIA case.
(vi) A statement describing the status of any settlement discussions and whether the parties
would like a settlement conference
No settlement discussions have taken place to date and the parties do not request a
settlement conference at this time.
(vii) Any other information that the parties believe may assist the Court in advancing the
case to settlement or trial, including, but not limited to, a description of any dispositive
issue or novel issue raised by the case.
As noted above, Defendant has located and begun processing the record that Plaintiff has
requested. Defendant estimates that primary processing of the record will be complete by the end
of January 2022 at which time Defendant expects to send the record to several other DOJ
components for consultation. In light of this progress, the parties jointly request that the
December 10th initial conference be adjourned sine die and propose that they submit a joint
status letter to the Court by February 14, 2022, proposing next steps in this case. Additionally,
because no discovery is anticipated in this FOIA case, the parties respectfully request that they
be relieved of the obligation to file a proposed case management plan for this case.
The parties thank the Court for its consideration of this submission.
Respectfully,
DAMIAN WILLIAMS
United States Attorney
By: /s/ Jennifer Jude
JENNIFER JUDE
Assistant United States Attorney
Telephone: (212) 637-2663
Email: jennifer.jude@usdoj.gov
cc: Counsel for Plaintiff (by ECF)
