The New York Times Company v. Federal Bureau of Investigation

Background

The New York Times Company, Lee Levine, and Stephen Wermiel were the plaintiffs, and the Federal Bureau of Investigation was the defendant. On May 26, 2023, the parties notified the court that they had reached an agreement in principle resolving all issues. The opinion does not describe the underlying claims or the settlement’s terms.

Court’s Order

The court canceled all previously scheduled conferences and other deadlines. It dismissed the case with prejudice and without costs, including attorneys’ fees, to either party. The clerk was directed to terminate all open motions and close the case.

The order allowed the parties to apply to reopen the case within 30 days. Any such application had to show good cause for keeping the case open in light of the settlement. The order also stated that, if the parties wanted the court to retain jurisdiction—legal authority—to enforce their settlement agreement, they had to submit the agreement and request an order expressly retaining that authority within the same 30-day period. The order cited Rule 7.A of the court’s Individual Practices and Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015).

Disposition

Judge Valerie Caproni dismissed the case with prejudice and without costs, terminated the open motions, and directed that the case be closed. The order did not decide the underlying legal claims on their merits; it resolved the case after the parties reported reaching an agreement in principle.