Case 1:18-cv-00369-PAE Doc #: 10 Filed 03/01/18 Page 1 of 4 Page ID #: 18 GEOFFREY S. BERMAN United States Attorney for the Southern District of New York By: SAMUEL DOLINGER Assistant United States Attorney 86 Chambers Street, 3rd Floor New York, New York 10007 Tel.: (212) 637-2677 E-mail: samuel.dolinger@usdoj.gov UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE NEW YORK TIMES COMPANY and CHARLIE SAVAGE, Plaintiffs, 18 Civ. 369 (PAE) ANSWER -vOFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, Defendant. Defendant the Office of the Director of National Intelligence (“ODNI” or “Defendant”), by its attorney, Geoffrey S. Berman, United States Attorney for the Southern District of New York, hereby answers the complaint (“Complaint”) under the Freedom of Information Act (“FOIA”) of Plaintiffs the New York Times Company and Charlie Savage (collectively, “Plaintiffs”) upon information and belief as follows: 1. Paragraph 1 consists of Plaintiffs’ characterization of this action and legal conclusions, to which no response is required. To the extent a response is deemed required, Defendant denies the allegations in this paragraph, except admits that Plaintiffs submitted a request under FOIA to ODNI. 2. Denies knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 2. Case 1:18-cv-00369-PAE Doc #: 10 Filed 03/01/18 Page 2 of 4 Page ID #: 19 3. Denies knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 3. 4. Admits. 5. Paragraph 5 consists of legal conclusions regarding jurisdiction, to which no response is required. 6. Paragraph 6 consists of legal conclusions regarding venue, to which no response is required. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph concerning Plaintiffs’ principal place of business. 7. Paragraph 7 consists of legal conclusions, to which no response is required. To the extent a response is deemed required, Defendant denies the allegations in this paragraph. 8. Paragraph 8 consists of Plaintiffs’ characterization of a FOIA request dated September 18, 2017 (the “Request”), to which characterization no response is required. To the extent a response is deemed required, Defendant admits that Plaintiff Savage submitted the Request to ODNI, and respectfully refers the Court to the Request for a complete and accurate statement of its contents. 9. Paragraph 9 consists of Plaintiffs’ characterization of ODNI’s response dated September 29, 2017, to the Request, to which characterization no response is required. To the extent a response is deemed required, Defendant admits that it responded to Plaintiff Savage on that date, and respectfully refers the Court to the relevant response for a complete and accurate statement of its contents. 10. Denies, and avers that ODNI has no record of receiving an appeal from Plaintiffs on this date. 2 Case 1:18-cv-00369-PAE Doc #: 10 Filed 03/01/18 Page 3 of 4 Page ID #: 20 11. Paragraph 11 consists of legal conclusions, to which no response is required. To the extent a response is deemed required, Defendant denies the allegations in this paragraph. 12. ODNI repeats, realleges, and reincorporates its responses in the preceding paragraphs as though fully set forth herein. 13. Paragraph 13 consists of legal conclusions, to which no response is required. 14. Paragraph 14 consists of legal conclusions, to which no response is required. To the extent a response is deemed required, Defendant denies the allegations in this paragraph. 15. Denies. 16. Denies. 17. Paragraphs 17 through 20 constitute Plaintiffs’ prayer for relief, to which no response is required. To the extent a response is deemed required, Defendant denies that Plaintiffs are entitled to the relief they seek or to any relief. DEFENSES Any allegations not specifically admitted, denied, or otherwise answered are hereby denied. For further defenses, Defendant alleges as follows: FIRST DEFENSE The Complaint fails to state a claim upon which relief can be granted. SECOND DEFENSE Some or all of the requested documents are exempt from disclosure, in whole or in part, under 5 U.S.C. § 552(b). THIRD DEFENSE Plaintiffs are not entitled to attorney fees under 5 U.S.C. § 552(a)(4)(E). 3 Case 1:18-cv-00369-PAE Doc #: 10 Filed 03/01/18 Page 4 of 4 Page ID #: 21 FOURTH DEFENSE The Court lacks subject matter jurisdiction over Plaintiffs’ requests for relief that exceed the relief authorized under FOIA, 5 U.S.C. § 552. Defendant may have additional defenses which are not known at this time but which may become known through further proceedings. Accordingly, Defendant reserves the right to assert each and every affirmative or other defense that may be available, including any defenses available pursuant to Rules 8 and 12 of the Federal Rules of Civil Procedure. WHEREFORE Defendant respectfully requests that the Court: (1) dismiss the Complaint with prejudice; (2) enter judgment in favor of Defendant; and (3) grant such further relief as the Court deems just and proper. Dated: March 1, 2018 New York, New York Respectfully submitted, GEOFFREY S. BERMAN United States Attorney for the Southern District of New York Attorney for the Defendant By: /s/ Samuel Dolinger SAMUEL DOLINGER Assistant United States Attorney 86 Chambers Street, 3rd Floor New York, New York 10007 Tel.: (212) 637-2677 E-mail: samuel.dolinger@usdoj.gov 4