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Case TitleAMERICAN CIVIL LIBERTIES UNION et al v. CENTRAL INTELLIGENCE AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02784
Date Filed2018-11-29
Date Closed2022-02-02
JudgeJudge Carl J. Nichols
PlaintiffAMERICAN CIVIL LIBERTIES UNION
PlaintiffAMERICAN CIVIL LIBERTIES UNION FOUNDATION
Case DescriptionThe ACLU submitted a FOIA request to the CIA for records concerning the agency's influence campaign to support the nomination of Gina Haspel by declassifying select documents for the Senate and Haspel's potential conflict of interest in serving as the declassification authority for records about her actions. The ACLU also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and granted the ACLU's request for expedited processing. After hearing nothing further from the agency, the ACLU filed suit.
Complaint issues: Public Interest Fee Waiver, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantCENTRAL INTELLIGENCE AGENCY
DefendantCENTRAL INTELLIGENCE AGENCY
Washington, DC 20505
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [42]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-291COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5813380) filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Ladin, Dror) (Entered: 11/29/2018)
2018-11-292LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Ladin, Dror) (Entered: 11/29/2018)
2018-11-29Case Assigned to Judge Colleen Kollar-Kotelly. (zef, ) (Entered: 11/29/2018)
2018-11-293SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 11/29/2018)
2018-12-034ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/3/18. (DM) (Entered: 12/03/2018)
2019-01-045ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 12/10/2018 (Ladin, Dror) Modified on 1/8/2019 (znmw). (Entered: 01/04/2019)
2019-01-046ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/10/2018. (Ladin, Dror) Modified on 1/8/2019 (znmw). (Entered: 01/04/2019)
2019-01-047ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/10/2018. Answer due for ALL FEDERAL DEFENDANTS by 1/9/2019. (Ladin, Dror) Modified on 1/8/2019 (znmw). (Entered: 01/04/2019)
2019-01-048Unopposed MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/04/2019)
2019-01-07MINUTE ORDER: The Court has received Defendant Central Intelligence Agency's 8 Unopposed Motion for a Stay and Extension of Time in Light of Lapse of Appropriations. Plaintiffs do not oppose this relief. Accordingly, in an exercise of the Court's discretion, the Court shall GRANT Defendant's 8 Unopposed Motion. The Court shall STAY the deadline for Defendant's answer or other response to the Complaint. The deadline is tolled commensurate with the length of the lapse of appropriations to the U.S. Department of Justice. The parties shall file a Joint Status Report within seven calendar days of the restoration of the Department's funding and the resumption of its operations. This Joint Status Report shall include what the parties understand to be the new deadline for Defendant's answer or other response to the Complaint. Signed by Judge Colleen Kollar-Kotelly on January 7, 2019. (lcckk1) (Entered: 01/07/2019)
2019-01-079NOTICE of Appearance by Arthur B. Spitzer on behalf of AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Spitzer, Arthur) (Entered: 01/07/2019)
2019-01-08NOTICE OF CORRECTED DOCKET ENTRY: Docket Entries 7 Summons Returned Executed in FOIA as to U.S. Attorney, 6 Summons Returned Executed as to U.S. Attorney General, 5 Summons Returned Executed as to Federal Defendant were entered in error and counsel is instructed to refile said documents with proof of delivery. (znmw) (Entered: 01/08/2019)
2019-01-1010RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on CENTRAL INTELLIGENCE AGENCY on 12/10/2018. (Attachments: # 1 Exhibit Proof of Delivery)(Ladin, Dror) Modified on 1/24/2019 (jf). (Entered: 01/10/2019)
2019-01-1011RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/10/2018. (Attachments: # 1 Exhibit Proof of Delivery)(Ladin, Dror) (Entered: 01/10/2019)
2019-01-1012RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/10/2018. Answer due for ALL FEDERAL DEFENDANTS by 1/9/2019. (Attachments: # 1 Exhibit Proof of Delivery)(Ladin, Dror) (Entered: 01/10/2019)
2019-02-0613Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Peterson, Benton) (Entered: 02/06/2019)
2019-02-06MINUTE ORDER: The Court has received the parties' 13 Joint Status Report. The parties identify the restoration of government funding. Accordingly, the Court hereby LIFTS the stay in this matter. The Report indicates that an "internal misrouting issue" prevented defense counsel from "effectively confer[ring]" with Defendant agency prior to this filing. Accordingly, defense counsel requests further time to file a Joint Status Report. Although Plaintiff evidently consents, the Court is not inclined to permit further time to elapse before Defendant answers or otherwise responds to Plaintiff's 1 Complaint, which is the appropriate next step in these proceedings. Accordingly, Defendant shall answer or otherwise respond to the Complaint by MARCH 4, 2019 . Signed by Judge Colleen Kollar-Kotelly on February 6, 2019. (lcckk1) (Entered: 02/06/2019)
2019-03-0414ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit A)(Westmoreland, Rachael) (Entered: 03/04/2019)
2019-03-0515ORDER. The parties shall file the schedule not later than APRIL 4, 2019 . Signed by Judge Colleen Kollar-Kotelly on March 5, 2019. (lcckk1) (Entered: 03/05/2019)
2019-03-05Set/Reset Deadlines: Parties shall file a schedule by 4/4/2019. (dot) (Entered: 03/05/2019)
2019-03-2116NOTICE OF SUBSTITUTION OF COUNSEL by Joshua M. Kolsky on behalf of CENTRAL INTELLIGENCE AGENCY Substituting for attorney Rachael Westmoreland (Kolsky, Joshua) (Entered: 03/21/2019)
2019-04-0417Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Kolsky, Joshua) (Entered: 04/04/2019)
2019-04-08MINUTE ORDER: The Court has received the parties' 17 Joint Status Report, which indicates that Defendant continues to search for responsive records but expects to complete its review and production on or before OCTOBER 15, 2019 . The parties propose filing a Joint Status Report within twenty-one days of that single production. Accordingly, the parties shall file a further Joint Status Report on or before NOVEMBER 5, 2019 , identifying any issues that remain in dispute and proposing a briefing schedule, if necessary. Signed by Judge Colleen Kollar-Kotelly on April 8, 2019. (lcckk1) (Entered: 04/08/2019)
2019-04-08Set/Reset Deadlines: Joint Status Report due by 11/5/2019, identifying any issues that remain in dispute and proposing a briefing schedule, if necessary. (dot) (Entered: 04/08/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 06/24/2019)
2019-11-0518Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Kolsky, Joshua) (Entered: 11/05/2019)
2019-11-06MINUTE ORDER. Upon review of the Parties' 18 Joint Status Report, it is hereby ORDERED that the Parties shall submit a Joint Status Report by February 17, 2020. Signed by Judge Carl J. Nichols on November 6, 2019. (lccjn2) (Entered: 11/06/2019)
2019-11-06Set/Reset Deadlines: Joint Status Report due by 2/17/2020. (mac) (Entered: 11/06/2019)
2020-02-24MINUTE ORDER. The Court's Order of November 6, 2019 directed the Parties to file a Joint Status Report in this Freedom of Information Act (FOIA) matter by February 17, 2020. The Parties failed to comply with that Order. It is therefore ORDERED that the Parties shall file a Joint Status Report and show cause for their failure to comply by February 28, 2020. Signed by Judge Carl J. Nichols on February 24, 2020. (lccjn2) (Entered: 02/24/2020)
2020-02-24Set/Reset Deadlines/Hearings: Joint Status Report and response to Show Cause due by 2/28/2020. (zcdw) (Entered: 02/24/2020)
2020-02-2819Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Kolsky, Joshua) (Entered: 02/28/2020)
2020-02-28MINUTE ORDER. Upon review of the Parties' 19 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by March 27, 2020. Signed by Judge Carl J. Nichols on February 28, 2020. (lccjn2) (Entered: 02/28/2020)
2020-02-28Set/Reset Deadlines: Joint Status Report due by 3/27/2020. (mac) (Entered: 02/28/2020)
2020-03-2720Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Kolsky, Joshua) (Entered: 03/27/2020)
2020-03-30MINUTE ORDER. Upon review of the Parties' 20 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by April 27, 2020. Signed by Judge Carl J. Nichols on March 30, 2020. (lccjn2) (Entered: 03/30/2020)
2020-03-30Set/Reset Deadlines/Hearings: Joint Status Report due by 4/27/2020. (zcdw) (Entered: 04/01/2020)
2020-04-2721Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Kolsky, Joshua) (Entered: 04/27/2020)
2020-04-28MINUTE ORDER. Upon review of the Parties' 21 Joint Status Report, it is hereby ORDERED that Defendant shall file its summary judgment motion by July 31, 2020, Plaintiffs shall respond by August 28, 2020, and Defendant shall reply by September 18, 2020. The Parties are dispensed from any requirement to file further Joint Status Reports unless new developments affecting the briefing schedule occur. Signed by Judge Carl J. Nichols on April 28, 2020. (lccjn2, ) (Entered: 04/28/2020)
2020-04-28Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 7/31/2020. Response to Motion for Summary Judgment due by 8/28/2020. Reply to Motion for Summary Judgment due by 9/18/2020. (zcdw) (Entered: 05/03/2020)
2020-07-3022Consent MOTION to Stay Summary Judgment Deadline by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 07/30/2020)
2020-08-02MINUTE ORDER. Upon review of Defendant's 22 Consent Motion to Stay Deadline to File Summary Judgment Motion, it is hereby ORDERED that the Motion is GRANTED. Defendant shall file its Motion for Summary Judgment by August 14, 2020. Signed by Judge Carl J. Nichols on August 2, 2020. (lccjn2) (Entered: 08/02/2020)
2020-08-02Set/Reset Deadlines: Summary Judgment motions due by 8/14/2020. (zcal) (Entered: 08/04/2020)
2020-08-03Set/Reset Deadlines: Defendant's Summary Judgment motion due by 8/14/2020. (zkh) (Entered: 08/03/2020)
2020-08-1423Joint MOTION to Stay Summary Judgment Briefing Schedule by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 08/14/2020)
2020-08-17MINUTE ORDER. Upon review of the Parties' 23 Motion to Stay Summary-Judgment Briefing Schedule, it is hereby ORDERED that the Motion is GRANTED. Defendant shall file its Motion for Summary Judgment by August 28, 2020. Signed by Judge Carl J. Nichols on August 17, 2020. (lccjn2) (Entered: 08/17/2020)
2020-08-17Set/Reset Deadlines: Summary Judgment motion due by 8/28/2020. (zcal) (Entered: 08/17/2020)
2020-08-2524Consent MOTION for Briefing Schedule by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 08/25/2020)
2020-08-27MINUTE ORDER. Upon review of Defendant's 24 Consent Motion for Revised Briefing Schedule, it is hereby ORDERED that the Motion is GRANTED. Defendant shall file its Motion for Summary Judgment by November 23, 2020; Plaintiff shall respond by January 11, 2021; and Defendant shall reply by February 5, 2021. Signed by Judge Carl J. Nichols on August 27, 2020. (lccjn2) (Entered: 08/27/2020)
2020-08-27Set/Reset Deadlines: Summary Judgment motions due by 11/23/2020. Response to Motion for Summary Judgment due by 1/11/2021. Reply to Motion for Summary Judgment due by 2/5/2021. (zcal) (Entered: 08/27/2020)
2020-11-2325MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order, # 2 Declaration, # 3 Exhibit (Exhibits A-D), # 4 Exhibit (Vaughn Index))(Kolsky, Joshua) (Entered: 11/23/2020)
2020-11-2526NOTICE of Appearance by Charles Hogle on behalf of AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Hogle, Charles) (Entered: 11/25/2020)
2021-01-1127Memorandum in opposition to re 25 MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Plaintiffs' Response to Defendant's Statement of Material Facts Not in Dispute, # 2 Declaration of Charles Hogle, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Text of Proposed Order)(Hogle, Charles) (Entered: 01/11/2021)
2021-01-2728Consent MOTION for Extension of Time to File Summary Judgment Reply Brief by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 01/27/2021)
2021-01-28MINUTE ORDER. Upon review of Defendant's 28 Consent Motion for Extension of Time to File, it is hereby ORDERED that the Motion is GRANTED. Defendant may file its Reply in support of its 25 Motion for Summary Judgment by February 26, 2021. Signed by Judge Carl J. Nichols on January 28, 2021. (lccjn2) (Entered: 01/28/2021)
2021-01-28Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 2/26/2021. (zcal) (Entered: 01/28/2021)
2021-02-2629REPLY to opposition to motion re 25 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Declaration (Supplemental Blaine Declaration), # 2 Exhibit (Supplemental Vaughn Index Part 1), # 3 Exhibit (Supplemental Vaughn Index Part 2), # 4 Exhibit (Index of Exhibits), # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G)(Kolsky, Joshua) (Entered: 02/26/2021)
2021-03-0530RESPONSE re 29 Reply to opposition to Motion, Supplemental Blaine Declaration and Vaughn Index filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Hogle, Charles) (Entered: 03/05/2021)
2021-03-1731ERRATA by CENTRAL INTELLIGENCE AGENCY re 29 Reply to opposition to Motion, filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit Vaughn Index)(Kolsky, Joshua) (Entered: 03/17/2021)
2021-03-2132NOTICE OF SUPPLEMENTAL AUTHORITY by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Exhibit)(Kolsky, Joshua) (Entered: 03/21/2021)
2021-03-2533RESPONSE re 32 NOTICE OF SUPPLEMENTAL AUTHORITY filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Hogle, Charles) (Entered: 03/25/2021)
2021-06-07MINUTE ORDER. Upon review of Defendant's 25 Motion for Summary Judgment, it is hereby ORDERED that a hearing on the Motion is scheduled for 10:00 a.m. on June 16, 2021, in Courtroom 19. Signed by Judge Carl J. Nichols on June 7, 2021. (lccjn2) (Entered: 06/07/2021)
2021-06-08Set/Reset Hearings: Motion Hearing set for 6/16/2021 at 10:00 AM in Courtroom 19 before Judge Carl J. Nichols. (zcal) (Entered: 06/08/2021)
2021-06-0834Consent MOTION to Continue Reschedule June 16 Hearing by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) Modified event title on 6/10/2021 (znmw). (Entered: 06/08/2021)
2021-06-15MINUTE ORDER. Upon review of Defendant's 34 Consent Motion to Reschedule, it is hereby ORDERED that the Motion is GRANTED. The hearing scheduled for June 16, 2021, is hereby CONTINUED until 10:00 a.m. on July 8, 2021, in Courtroom 19. Signed by Judge Carl J. Nichols on June 15, 2021. (lccjn2) (Entered: 06/15/2021)
2021-06-15Set/Reset Hearings: Motion Hearing RESET for 7/8/2021 at 10:00 AM in Courtroom 19 before Judge Carl J. Nichols. (zcal) (Entered: 06/15/2021)
2021-06-1635NOTICE of Appearance by Hina Shamsi on behalf of AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Shamsi, Hina) (Entered: 06/16/2021)
2021-07-0536NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Op. RCFP v FBI)(Hogle, Charles) (Entered: 07/05/2021)
2021-07-08Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Motion Hearing held on 7/8/2021 re 25 MOTION for Summary Judgment ; taken under advisement. Further Order and/or Opinion to be issued by the Court. Court Reporter: Lorraine Herman. (zcal) (Entered: 07/08/2021)
2021-07-08MINUTE ORDER. In light of the Parties' briefs and arguments made during the July 8, 2021 hearing, the Court believes it would be helpful to review in camera certain materials underlying Defendant's [31-1] Vaughn Index. Defendant is therefore ORDERED to produce, by July 16, 2021, the materials underlying Entries 35, 36, 45, 66, 77, 85, 105, 106, 119, 124, 126, and 129 for the Court's in camera review. The Court also notes that Defendant may wish to supplement its [31-1] Vaughn Index and/or [25-2], [29-1] Declarations in light of Reporters Comm. for Freedom of the Press v. FBI , No. 20-5091, 2021 WL 2753938 (D.C. Cir. July 2, 2021). Such supplements, if any, shall be filed by July 30, 2021. Plaintiff may respond to those supplements, if any, by August 13, 2021. Signed by Judge Carl J. Nichols on July 8, 2021. (lccjn2) (Entered: 07/08/2021)
2021-07-08Set/Reset Deadlines: Supplements due by 7/30/2021. Response due by 8/13/2021 (zcal) (Entered: 07/09/2021)
2021-07-1637NOTICE of Submission of In Camera Documents by CENTRAL INTELLIGENCE AGENCY (Kolsky, Joshua) (Entered: 07/16/2021)
2021-07-2138Consent MOTION for Extension of Time to File Supplemental Materials Relating to Summary Judgment Motion by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 07/21/2021)
2021-07-29MINUTE ORDER. Upon review of Defendant's 38 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. Defendant may supplement its [31-1] Vaughn Index and/or [25-2], [29-1] Declarations by August 24, 2021. Plaintiff may respond to those supplements by September 21, 2021. Signed by Judge Carl J. Nichols on July 29, 2021. (lccjn2) (Entered: 07/29/2021)
2021-07-29Set/Reset Deadlines: Supplement Vaughn Index due by 8/24/2021. Plaintiff Response due by 9/21/2021. (zcal) (Entered: 07/29/2021)
2021-08-2039NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Attorney Charles Hogle terminated. (Hogle, Charles) (Entered: 08/20/2021)
2021-08-2440NOTICE of Filing Supplemental Materials by CENTRAL INTELLIGENCE AGENCY re 25 MOTION for Summary Judgment (Attachments: # 1 Declaration, # 2 Exhibit (Vaughn Index))(Kolsky, Joshua) (Entered: 08/24/2021)
2021-09-2141RESPONSE re 40 Notice (Other) Defendant's Second Supplemental Declaration And Vaughn Index filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Ladin, Dror) (Entered: 09/21/2021)
2022-02-0242MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on February 2, 2022. (lccjn2) (Entered: 02/02/2022)
2022-02-0243ORDER. Signed by Judge Carl J. Nichols on February 2, 2022. (lccjn2) (Entered: 02/02/2022)
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