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Case TitleAmerican Civil Liberties Union et al v. Department of Defense et al
DistrictDistrict of Montana
CityMissoula
Case Number9:2018cv00154
Date Filed2018-09-04
Date ClosedOpen
JudgeJudge Donald W. Molloy
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
PlaintiffAmerican Civil Liberties Union of Montana Foundation, Inc.
Case DescriptionThe ACLU submitted FOIA requests to the Department of Defense, the Department of Homeland Security, the Department of the Interior, and the Department of Justice for records concerning the handling of protests against the Keystone Pipeline. The ACLU also requested a fee waiver. The agencies acknowledged receipt of the requests but after none of the agencies provided a satisfactory response, the ACLU of Montana filed suit.
Complaint issues: Failure to respond within statutory time limit, Fees, Litigation - Attorney's fees

DefendantDepartment of Defense
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantDepartment of the Interior
DefendantDepartment of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [15]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-09-041COMPLAINT against All Defendants, filed by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Montana Foundation, Inc.. (Attachments: # 1 Exhibit A-Emails, # 2 Exhibit B-Response Letter, # 3 Exhibit C-Emails, # 4 Exhibit D-Report 2017, # 5 Exhibit E-HS Report 2017, # 6 Civil Cover Sheet) (TAG) (Entered: 09/04/2018)
2018-09-04Filing fee: $ 400, receipt number 0977-2188899 (TAG) (Entered: 09/04/2018)
2018-09-042Summons Issued as to Department of Homeland Security, Department of Defense, Department of Justice, Department of the Interior. Originals mailed to counsel for plaintiffs (TAG) (Entered: 09/04/2018)
2018-09-043Corporate Disclosure Statement by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Montana Foundation, Inc. as to American Civil Liberties Union and American Civil Liberties Union Foundation. (Rate, Alexander) (NOS) (Entered: 09/04/2018)
2018-09-044Corporate Disclosure Statement by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Montana Foundation, Inc. as to American Civil Liberties Union of Montana Foundation, Inc. (Rate, Alexander) (NOS) (Entered: 09/04/2018)
2018-09-065MOTION Brett Max Kaufman to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2190816.) Alexander H. Rate appearing for Plaintiffs American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Montana Foundation, Inc. (Attachments: # 1 Affidavit Brett Max Kaufman, # 2 Text of Proposed Order PO PHV) (Rate, Alexander) (Entered: 09/06/2018)
2018-09-076ORDER granting 5 Motion to Appear Pro Hac Vice for Brett Max Kaufman. Acknowledgment of PHV Order due within fifteen (15) days. Signed by Judge Donald W. Molloy on 9/7/2018. (NOS) (Entered: 09/07/2018)
2018-09-107ORDER: Preliminary Pretrial Statement due by 10/26/2018. Proposed Case Management Plan due by 12/10/2018. Signed by Judge Donald W. Molloy on 9/10/2018. (NOS) (Entered: 09/10/2018)
2018-09-128NOTICE of Acknowledgment of Pro Hac Vice Order by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Montana Foundation, Inc. (Kaufman, Brett) (Entered: 09/12/2018)
2018-09-209Proof of Service filed by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Montana Foundation, Inc.. Service by certified mail on 09/17/18. (Kaufman, Brett) (Entered: 09/20/2018)
2018-09-2010Proof of Service filed by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Montana Foundation, Inc.. Service by certified mail on 09/14/18. (Kaufman, Brett) (Entered: 09/20/2018)
2018-09-2011Proof of Service filed by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Montana Foundation, Inc.. Service by certified mail on 09/20/18. (Kaufman, Brett) (Entered: 09/20/2018)
2018-09-2012Proof of Service filed by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Montana Foundation, Inc.. Service by certified mail on 09/14/18. (Kaufman, Brett) (Entered: 09/20/2018)
2018-09-2013Proof of Service filed by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Montana Foundation, Inc.. Service by certified mail on 09/14/18. (Kaufman, Brett) (Entered: 09/20/2018)
2018-09-25Set/Reset Deadlines: Answer due date as to all Defendants. (NOS) (Entered: 09/25/2018)
2018-10-2514MOTION Emerson Sykes to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2214576.) Alexander H. Rate appearing for Plaintiffs American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Montana Foundation, Inc. (Attachments: # 1 Affidavit Emerson S, # 2 Text of Proposed Order) (Rate, Alexander) (Entered: 10/25/2018)
2018-10-2615ORDER granting 14 Motion to Appear Pro Hac Vice of Emerson Sykes. Acknowledgment of PHV Order due within fifteen days of the date of this Order. Signed by Judge Donald W. Molloy on 10/26/2018. (NOS) (Entered: 10/26/2018)
2018-10-3116NOTICE of Acknowledgment of Pro Hac Vice Order by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Montana Foundation, Inc. re 15 Order on Motion to Appear Pro Hac Vice (Sykes, Emerson) (Entered: 10/31/2018)
2018-10-3117ANSWER to 1 Complaint, by DEPARTMENT OF HOMELAND SECURITY, Department of Defense, Department of Justice, Department of the Interior. (Smith, Mark) (Entered: 10/31/2018)
2018-11-1918Unopposed MOTION for Extension of Time to File Pretrial Deadlines Mark Steger Smith appearing for Defendants DEPARTMENT OF HOMELAND SECURITY, Department of Defense, Department of Justice, Department of the Interior (Attachments: # 1 Text of Proposed Order) (Smith, Mark) (Entered: 11/19/2018)
2018-11-2019ORDER granting 18 Unopposed MOTION for Extension of Time to File Pretrial Deadlines. Preliminary Pretrial Statement due by 1/10/2019. Proposed case management plan due by 1/27/2019. The September 10, 2018, Order remains in full force and effect in all other respects. Signed by Judge Donald W. Molloy on 11/20/2018. (NOS) (Entered: 11/20/2018)
2019-01-0920MOTION for Extension of Time to File Documents Victoria L. Francis appearing for Defendants DEPARTMENT OF HOMELAND SECURITY, Department of Defense, Department of Justice, Department of the Interior (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 01/09/2019)
2019-01-1021AFFIDAVIT/DECLARATION re 19 Order Setting,, Terminate Motions, [Declaration of Michelle Bartlett, FOIA Officer for Dept of Defense, Army Corps of Engineers with attached Vaughn Index] by Department of Defense. (Attachments: # 1 Vaughn Index for Dept of Defense, Army Corps of Engineers) (Francis, Victoria) (Entered: 01/10/2019)
2019-01-1022ORDER denying 20 Motion for Extension of Time to File Signed by Judge Donald W. Molloy on 1/10/2019. (CDH) (Entered: 01/10/2019)
2019-01-1023PRELIMINARY PRETRIAL STATEMENT by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Montana Foundation, Inc.. (Sykes, Emerson) (Entered: 01/10/2019)
2019-01-1024AMENDED DOCUMENT by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Montana Foundation, Inc.. Amendment to 23 Preliminary Pretrial Statement . (Sykes, Emerson) (Entered: 01/10/2019)
2019-01-1025PRELIMINARY PRETRIAL STATEMENT by DEPARTMENT OF HOMELAND SECURITY, Department of Justice, Department of the Interior. (Smith, Mark) (Entered: 01/10/2019)
2019-01-1026Redaction Index by DEPARTMENT OF HOMELAND SECURITY, Department of Justice, Department of the Interior. (Attachments: # 1 FBI's Glomar letter dated 01-09-2019 sent to the ACLU re this lawsuit) (Smith, Mark) (Entered: 01/10/2019)
2019-01-1027AMENDED DOCUMENT by DEPARTMENT OF HOMELAND SECURITY, Department of Defense, Department of Justice, Department of the Interior. Amendment to 25 Preliminary Pretrial Statement [UNITED STATES' AMENDED PRELIMINARY PRETRIAL STATEMENT] . (Smith, Mark) (Entered: 01/10/2019)
2019-01-2528JOINT DISCOVERY PLAN by DEPARTMENT OF HOMELAND SECURITY, Department of Defense, Department of Justice, Department of the Interior. (Francis, Victoria) (Entered: 01/25/2019)
2019-01-2829Case Management Order: Amended Pleadings due by 2/22/2019. Discovery due by 4/12/2019. Joint Record due by 4/19/2019. Summary Judgment Motion due by 5/1/2019. Cross Motions due by 5/22/2019. Signed by Judge Donald W. Molloy on 1/28/2019. (NOS) (Entered: 01/28/2019)
2019-04-1230AMENDED DOCUMENT by Department of Defense. Amendment to 21 Affidavit/Declaration, [AMENDED DECLARATION OF MICHELLE BARTLETT, FOIA Officer for Dept. of Defense, Army Corps of Engineers] . (Attachments: # 1 Appendix - Army Corps of Engineer's First Amended and Supplmental Vaughn Index) (Smith, Mark) (Entered: 04/12/2019)
2019-04-1231AFFIDAVIT/DECLARATION OF SALLY SHEEKS, Information Specialist in FOIA Office in BLM Montana-Dakotas State Office by Department of the Interior. (Attachments: # 1 Appendix - Bureau of Land Management's Vaughn Index) (Smith, Mark) (Entered: 04/12/2019)
2019-04-1232AFFIDAVIT/DECLARATION OF DAVID HARDY, FBI Section Chief of the Record/Information Dissemination Section of the Information Management Division by Department of Justice. (Attachments: # 1 Exhibit A - ACLU letter to FBI dated 4-2-2018, # 2 Exhibit B - FBI letter to ACLU dated 4-6-2018, # 3 Exhibit C - FBI letter to ACLU dated 4-6-2018, # 4 Exhibit D - FBI letter to ACLU dated 4-24-2018, # 5 Exhibit E - FBI letter to ACLU dated 1-09-2019 (errata stated as 1-09- 2018)) (Smith, Mark) (Main Document 32 replaced on 4/12/2019) (EMH). (Attachment 1 replaced on 4/15/2019) (EMH). (Attachment 2 replaced on 4/15/2019) (EMH). (Attachment 3 replaced on 4/15/2019) (EMH). (Attachment 4 replaced on 4/15/2019) (EMH). (Attachment 5 replaced on 4/15/2019) (EMH). Modified on 4/15/2019 Per IT documents downloaded and refiled so they could be accessed on CM ECF(EMH). (Entered: 04/12/2019)
2019-04-1233AFFIDAVIT/DECLARATION OF GREGORY BRIDGES, Acting Chief of Disclosure Branch, Records Management Division, Federal Emergency Management Agency by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A - Letter from ACLU dated 01-23-2018, # 2 Exhibit B - Letter from FEMA to ACLU dated 3-23-2018, # 3 Exhibit C - Letter from FEMA to ACLU dated 8-31-2018, # 4 Exhibit D - Systems searched & search terms, # 5 Exhibit E - FEMA's Vaughn Index) (Smith, Mark) (Attachment 1 replaced on 4/15/2019 due to inability to open correctly; NEF regenerated.) (NOS) (Entered: 04/12/2019)
2019-04-1234AFFIDAVIT/DECLARATION OF TERRI MILLER, FOIA Officer for Transporation Security Administration by DEPARTMENT OF HOMELAND SECURITY. (Smith, Mark) (Entered: 04/12/2019)
2019-04-1935REDACTION [JOINT RECORD containing redacted documents] by DEPARTMENT OF HOMELAND SECURITY, Department of Defense, Department of Justice, Department of the Interior. (Attachments: # 1 Appendix 35-1 - ACE_1-68 (redacted bates no. docs for Army Corps of Engineers), # 2 Appendix 35-2 - BLM_1-167 (Bureau of Land Management), # 3 Appendix 35-3 - FBI_1-18, # 4 Appendix 35-4 - FEMA_1-253 (Federal Emergency Management Agency - Part 1), # 5 Appendix 35-5 - FEMA_254-506 (Part 2), # 6 Appendix 35-6 - OLC_1-20 (Dept. of Justice, Office of Legal Counsel), # 7 Appendix 35-7 - TSA_1-24 (Transportation Security Administration), # 8 Appendix 35-8 - DHS-I&A_1-286 (Dept. of Homeland Security, Office of Intelligence and Analysis)) (Francis, Victoria) (Entered: 04/19/2019)
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by FOIA Project Staff
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