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Case TitleAMERICAN CIVIL LIBERTIES UNION et al v. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2010cv00436
Date Filed2010-03-16
Date Closed2015-06-18
JudgeJudge Rosemary M. Collyer
PlaintiffAMERICAN CIVIL LIBERTIES UNION
PlaintiffAMERICAN CIVIL LIBERTIES UNION FOUNDATION
DefendantDEPARTMENT OF JUSTICE
DefendantDEPARTMENT OF DEFENSE
DefendantDEPARTMENT OF STATE
DefendantU.S. DEPARTMENT OF STATE
DefendantCENTRAL INTELLIGENCE AGENCY
TERMINATED: 09/09/2011
DefendantCENTRAL INTELLIGENCE AGENCY
Washington, DC 20505
TERMINATED: 09/09/2011
DefendantWASHINGTON LEGAL FOUNDATION
DefendantALLIED EDUCATIONAL FOUNDATION
AppealD.C. Circuit 11-5320
AppealD.C. Circuit 15-5217
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [34]
FOIA Project Annotation: Judge Rosemary Collyer has ruled that the CIA, relying on Exemption 1 (national security) and Exemption 3 (other statutes), properly invoked a Glomar response to neither confirm nor deny the existence of records pertaining to any CIA role in the government's use of unmanned drone attacks to kill selected human targets in Pakistan, Afghanistan, and elsewhere. Collyer agreed with the agency that both 50 U.S.C. §403g of the CIA Act, which protects information about personnel and functions of the CIA, and 50 U.S.C. § 403-1(i)(1) of the National Security Act, which protects intelligence sources and methods, provided ample protection. She rejected the ACLU's contention that drone attacks did not qualify as sources and methods, instead noting the provision broadly encompassed anything that might reveal intelligence sources and methods. She noted that "confirming the existence or nonexistence of pertinent agency records on drone strikes could reasonably be expected to lead to the unauthorized disclosure of intelligence sources and/or methods." But perhaps the most candid part of her analysis dealt with the tremendous latitude the case law gave the government to implicitly admit the existence of such programs without having to officially acknowledge them. The ACLU based much of its case on a number of interviews and statements made by CIA Director Leon Panetta that seemed to explicitly confirm drone attacks as U.S. policy. Although the ACLU pointed out that Panetta had spoken generally about "covert and secret operations" in response to a question about whether drone attacks constituted the "President's strategy in Pakistan," Collyer observed that "even if Director Panetta were speaking squarely on the issue of drone strikes, he never acknowledged the CIA's involvement in such program. That Director Panetta acknowledged that such a program exists and he has some knowledge of it, or that he was able to assess its success, is simply not tantamount to a specific acknowledgement of the CIA's involvement in such program, nor does it waive the CIA's ability to properly invoke Glomar." The ACLU provided several other examples of comments made by Panetta, but Collyer noted that "Plaintiffs' argument misperceives the applicable legal standard. Whereas Director Panetta spoke generally, Plaintiffs fail to cite any official disclosure containing the exact information sought by Plaintiffs. Director Panetta's comments lacked a specific reference to any particular CIA action except that the CIA was involved in undefined, aggressive operations in Pakistan." She added: "Here, Plaintiffs seek exactly what is not publicly available"an official CIA acknowledgement of the fact that it is or is not involved in the drone strike program. Even were the public to believe this to be a foregone conclusion, the statements cited by Plaintiffs demonstrate that the CIA has carefully and specifically refused to acknowledge any role or interest in such program." She observed that "even if former Director Panetta could be understood colloquially to have suggested some sort of CIA involvement in drone strikes, he neither referenced specific records nor referenced records that go to the exact requests posed by Plaintiffs."
Issues: Determination - Glomar response, Exemption 1 - Harm to national security, Exemption 3 - Statutory prohibition of disclosure
Opinion/Order [74]
FOIA Project Annotation: Although the government failed to persuade either the D.C. Circuit or the Second Circuit that even the existence of records acknowledging the policy and legal underpinnings of the targeted drone strikes against suspected terrorists abroad, including several who were U.S. citizens, was protected from disclosure under the Freedom of Information Act, Judge Rosemary Collyer, the district court judge whose original decision in favor of the CIA's invocation of a Glomar response neither confirming nor denying the existence of records on whether the agency had an intelligence interest in drone strikes got the ball rolling, has ruled on remand from the D.C. Circuit that any further records are completely protected by Exemption 1 (national security), Exemption 3 (other statutes), and Exemption 5 (privileges). As heartening as the D.C. Circuit and Second Circuit rulings may have been for open government advocates, Collyer's new ruling underscores the fact that when push comes to shove intelligence agencies almost always win in the end. Based on what was already publicly known at the time, the ACLU made a FOIA request to the CIA in 2010 for records detailing the agency's use of drones for targeted killings. Collyer upheld the agency's Glomar response in 2011. But the D.C. Circuit reversed her ruling in 2013, finding that public statements made by President Barack Obama and others constituted public acknowledgement of the existence of the drone strike program. As a result, the appeals court ruled that the CIA could not use a Glomar response but instead was required to search for responsive records. The court recognized that any records the agency found might well be exempt, but explained that the extent of the public acknowledgement of the program was such that it vitiated the use of a Glomar response. The D.C. Circuit also warned the agency about using a so-called "no number, no list" response, indicating that such a response "would only be justified in unusual circumstances." After the D.C. Circuit ruling, Attorney General Eric Holder wrote to Senator Patrick Leahy (D-VT) confirming that the U.S. had targeted and killed several individuals abroad, including at least one U.S. citizen. A FOIA suit filed by the New York Times and the ACLU in the Southern District of New York resulted in a 2013 district court decision that borrowed liberally from Collyer's earlier decision to rule that the CIA's "no number no list" response was appropriate. That decision, however, was overturned by the Second Circuit in 2014 and a legal memo from the Justice Department's Office of Legal Counsel providing the legal basis for drone strikes on U.S. citizens abroad was ordered disclosed. Regardless of how much hope those two appellate decisions gave open government advocates, Collyer's new decision shows the status quo changes slowly if at all. In response to the ACLU's narrowed request, the CIA found 12 legal memos and thousands of intelligence products. The agency withheld all of them under Exemption 1, Exemption 3, and Exemption 5. Attacking the Exemption 1 withholdings, the ACLU argued that legal analyses could not constitute sources and methods. Collyer pointed out that Section 1.4 of E.O. 13526 indicated that classifiable information had to "pertain to" intelligence activities. She pointed out that "for something to pertain to something else, it must be related or connected to such a thing. Thus, a legal analysis need not constitute an intelligence activity, source or method by itself to warrant protection so long as it pertains to an intelligence activity, source, or method. Here, CIA has withheld legal memoranda responsive to ACLU's request for legal memoranda that 'concern the U.S. Government's use of armed drones to carry out premeditated killings.' ACLU does not contend that drone strikes are not an intelligence activity or methods (or possibly reveal sources), nor could it. Thus, it is entirely logical and plausible that the legal analyses in the withheld memoranda pertain to intelligence activities, sources, and methods." The ACLU contended it was only seeking "factual information" about drone strikes, but Collyer explained that "to the contrary, ACLU seeks explicit details on U.S. drone strikes that would be 'sufficient to show the identity of the intended targets, assessed number of people killed, dates, status of those killed, agencies involved, the location of each strike, and the identities of those killed if known.' Such details could reveal the scope of the drone program, its successes and limitations, the 'methodology behind the assessments and the priorities of the Agency' and more. The Court has no doubt that this kind of detail would reveal intelligence activities, sources, and methods and is properly protected under Exemption 1." The ACLU's primary focus was the extent to which the withheld records may have been officially acknowledged. Collyer found that there was no new public acknowledgement that would constitute a waiver of the CIA's exemption claims. She pointed out that "whether the government has acknowledged that CIA has an intelligence interest in drone strikes or an operational role in drone strikes will not aid ACLU. At best, these alleged disclosures identify the general nature of CIA's connection to drone strikes. By contrast, ACLU has requested granular details about every drone strike recorded on CIA charts or compilations. . .Because none of the information requested by ACLU matches these alleged factual disclosures, such disclosures do not constitute a waiver of the FOIA exemptions validly invoked here." Holder's letter provided no more support to the ACLU's waiver theory. She noted that "Mr. Holder never stated that these individuals were killed by drone strikes. As to their cause of death, Mr. Holder stated that the individuals were killed by 'U.S. counterterrorism operations.' Mr. Holder's statements about counterterrorism operations plainly do not 'match' the specific information ACLU requested about drone strikes and are insufficient as a matter of fact and law to compel disclosure of any of the withheld intelligence products." Rejecting the ACLU's public domain argument, Collyer observed that "ACLU has identified public statements regarding U.S. drone strikes in Yemen, Pakistan, and Somalia, but these references merely establish that the Obama Administration has spoken publicly about the same subject matter as the requested information. This does not satisfy. Prior disclosure of similar subject matter, without more, misses the mark."
Issues: Public domain, Exemption 1 - Harm to national security
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-03-161COMPLAINT against DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE ( Filing fee $ 350, receipt number 4616028263) filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 03/16/2010)
2010-03-16SUMMONS (5) Issued as to DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 03/16/2010)
2010-03-172SUMMONS Returned Executed as to US Attorney, served on 3/16/2010, answer due 4/15/2010. (Spitzer, Arthur) Modified on 3/17/2010 to edit the parties (dr). (Entered: 03/17/2010)
2010-03-263NOTICE of Appearance by Amy E. Powell on behalf of DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 03/26/2010)
2010-04-024SUMMONS Returned Executed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. DEPARTMENT OF JUSTICE served on 3/22/2010, answer due 4/21/2010. (Spitzer, Arthur) (Entered: 04/02/2010)
2010-04-025SUMMONS Returned Executed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. DEPARTMENT OF DEFENSE served on 3/29/2010, answer due 4/28/2010. (Spitzer, Arthur) (Entered: 04/02/2010)
2010-04-026SUMMONS Returned Executed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. DEPARTMENT OF STATE served on 3/24/2010, answer due 4/23/2010. (Spitzer, Arthur) (Entered: 04/02/2010)
2010-04-027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 03/22/2010. (Spitzer, Arthur) (Entered: 04/02/2010)
2010-04-098Unopposed MOTION for Extension of Time to File Answer by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 04/09/2010)
2010-04-12MINUTE ORDER granting 8 Defendants' Unopposed Motion for Extension of Time to Answer. Defendants shall file their answer or otherwise respond to the complaint no later than May 6, 2010. Signed by Judge Rosemary M. Collyer on 4/12/10. (lcrmc2) (Entered: 04/12/2010)
2010-04-12Set/Reset Deadlines/Hearings: Answer to complaint due by 5/6/2010. (cdw) (Entered: 04/13/2010)
2010-05-049Unopposed MOTION for Extension of Time to File Answer by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 05/04/2010)
2010-05-05MINUTE ORDER granting 9 Defendants' Unopposed Motion for Extension of Time to Answer. Defendants shall file an Answer or otherwise respond to the Complaint no later than May 19, 2010. If Plaintiffs file an amended Complaint on or before May 19, 2010, Defendants will then have fourteen (14) days from the filing of the amended Complaint to file an Answer or otherwise respond to the amended Complaint. Signed by Judge Rosemary M. Collyer on 5/5/2010. (lcrmc2) (Entered: 05/05/2010)
2010-05-05Set/Reset Deadlines/Hearings: Answer to complaint due by 5/19/2010. (cdw) (Entered: 05/05/2010)
2010-05-1410Joint MOTION to Amend/Correct Order on Motion for Extension of Time to Answer, by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 05/14/2010)
2010-05-14MINUTE ORDER granting 10 Defendants' Unopposed Motion for an Extension of Time. Plaintiffs will, if they determine it necessary, file an amended complaint no later than June 1, 2010. If Plaintiffs file an amended complaint, Defendants shall file an answer or other response no later than June 15, 2010. If Plaintiffs do not file an amended complaint by June 1, 2010, Defendants shall file an answer or other response to the complaint no later than June 4, 2010. Signed by Judge Rosemary M. Collyer on 5/14/2010. (lcrmc2) (Entered: 05/14/2010)
2010-06-0111AMENDED COMPLAINT against DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, CENTRAL INTELLIGENCE AGENCY filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION.(znmw, ) (Entered: 06/02/2010)
2010-06-1512ANSWER to 11 Amended Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. Related document: 11 Amended Complaint filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION.(Powell, Amy) (Entered: 06/15/2010)
2010-06-16MINUTE ORDER requiring the parties to file a joint proposed dispositive motion briefing schedule no later than July 1, 2010. Signed by Judge Rosemary M. Collyer on 6/16/2010. (lcrmc2) (Entered: 06/16/2010)
2010-06-16Set/Reset Deadlines/Hearings: Joint Proposed Dispositive Motion Briefing Schedule due by 7/1/2010. (cdw) (Entered: 06/22/2010)
2010-07-0113STATUS REPORT Proposed Briefing Schedule, jointly filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Powell, Amy) (Entered: 07/01/2010)
2010-07-01MINUTE ORDER. The parties shall file a joint status report by no later than July 16, 2010, to inform the Court as to the Defendants' search for and production of documents responsive to the Plaintiffs' FOIA request. Defendant CIA shall file a motion for summary judgment by no later than October 1, 2010. Plaintiffs shall file an opposition by no later than November 1, 2010. Defendant CIA may file a reply by no later than December 1, 2010. The parties are advised that no extensions of time will be granted. Signed by Judge Rosemary M. Collyer on 7/1/2010. (lcrmc2) (Entered: 07/01/2010)
2010-07-1614STATUS REPORT , jointly filed, with proposed order by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Powell, Amy) (Entered: 07/16/2010)
2010-07-28MINUTE ORDER. The Court approves the proposed schedule detailed in the parties' Joint Status Report [Dkt. # 14] and hereby ORDERS that the parties file a joint status report by no later than December 6, 2010. Defendant Department of Justice shall complete its search for responsive records by no later than September 14, 2010. Department of Justice and the Plaintiffs shall then confer and notify the Court of the proposed production schedule. Defendant Department of State shall complete its search for responsive records by no later than October 14, 2010 and shall begin a rolling production of responsive records to the Plaintiffs by no later than November 24, 2010. Defendant Department of Defense shall complete all searches for responsive records by November 15, 2010. Signed by Judge Rosemary M. Collyer on 7/28/2010. (lcrmc2) Modified on 7/30/2010 (cdw). (Entered: 07/28/2010)
2010-10-0115MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Declaration of Mary Ellen Cole, # 2 Exhibits A - E to Declaration of Mary Ellen Cole, # 3 Text of Proposed Order)(Powell, Amy) (Entered: 10/01/2010)
2010-10-1516MOTION for Leave to File Amicus Brief by WASHINGTON LEGAL FOUNDATION, ALLIED EDUCATIONAL FOUNDATION (Attachments: # 1 Text of Proposed Order, # 2 Proposed 7.1, # 3 Proposed Amici Curiae)(rdj) (Entered: 10/15/2010)
2010-10-1917NOTICE of Consent to Motion for Leave to File Amicus Brief by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION re 16 MOTION for Leave to File (Spitzer, Arthur) (Entered: 10/19/2010)
2010-10-19MINUTE ORDER granting 16 Washington Legal Foundation and the Allied Educational Foundation's consent motion for leave to file amicus curiae brief. Signed by Judge Rosemary M. Collyer on 10/19/2010. (lcrmc2) (Entered: 10/19/2010)
2010-10-1918AMICUS BRIEF by ALLIED EDUCATIONAL FOUNDATION, WASHINGTON LEGAL FOUNDATION. (rdj) (Entered: 10/19/2010)
2010-10-1919LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ALLIED EDUCATIONAL FOUNDATION, WASHINGTON LEGAL FOUNDATION identifying Corporate Parent NONE for ALLIED EDUCATIONAL FOUNDATION, WASHINGTON LEGAL FOUNDATION. (rdj) (Entered: 10/19/2010)
2010-11-0120Memorandum in opposition to re 15 MOTION for Summary Judgment by Defendant CIA, filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Declaration of Alexander Abdo, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 11/01/2010)
2010-11-0121Cross MOTION for Partial Summary Judgment against Defendant CIA, by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Alexander Abdo, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 11/01/2010)
2010-11-3022REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Powell, Amy) (Entered: 11/30/2010)
2010-11-3023Memorandum in opposition to re 21 Cross MOTION for Partial Summary Judgment against Defendant CIA, filed by CENTRAL INTELLIGENCE AGENCY. (Powell, Amy) (Entered: 11/30/2010)
2010-12-01MINUTE ORDER. Plaintiffs may file a reply in support of the cross-motion for partial summary judgment against Defendant CIA 21 by no later than December 17, 2010. Signed by Judge Rosemary M. Collyer on 12/1/2010. (lcrmc2) (Entered: 12/01/2010)
2010-12-01Set/Reset Deadlines: Reply in support of the cross-motion for partial summary judgment due by 12/17/2010. (tcb) (Entered: 12/01/2010)
2010-12-0624STATUS REPORT (JOINT) by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/06/2010)
2010-12-07MINUTE ORDER. Pursuant to the joint status report 24 , the parties, with the exception of Defendant Central Intelligence Agency, are ORDERED to file a joint status report by no later than January 21, 2011. The status report shall inform the Court of the progress of production and propose a mutually agreeable production schedule. Defendants shall continue with production on a rolling basis to the fullest extent possible. Signed by Judge Rosemary M. Collyer on 12/7/2010. (lcrmc2) (Entered: 12/07/2010)
2010-12-07Set/Reset Deadlines/Hearings: Joint Status Report due by 1/21/2011. (cdw) (Entered: 12/08/2010)
2010-12-1725REPLY to opposition to motion re 21 Cross MOTION for Partial Summary Judgment against Defendant CIA, filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Spitzer, Arthur) (Entered: 12/17/2010)
2011-01-2126STATUS REPORT by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 01/21/2011)
2011-01-2627SCHEDULING ORDER: Counsel will meet and confer, and the parties willl file a Status Report with the Court on July 15, 2011, informing the Court as to the status of production, and, if the parties can reach agreement, setting out a mutually agreeable briefing schedule. See order for further details. Signed by Judge Rosemary M. Collyer on January 24, 2011. (cdw) (Entered: 01/27/2011)
2011-03-2928NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Exhibit Newsweek article)(Spitzer, Arthur) (Entered: 03/29/2011)
2011-05-1229Unopposed MOTION for Extension of Time to complete FOIA processing by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 05/12/2011)
2011-05-12MINUTE ORDER granting 29 Defendant Department of Defense's unopposed motion for an extension of time. The Court's January 24, 2011 Scheduling Order 27 is MODIFIED as follows: Defendant Department of Defense shall use its best efforts to complete processing by May 20, 2011. Signed by Judge Rosemary M. Collyer on 5/12/2011. (lcrmc2) (Entered: 05/12/2011)
2011-06-2830Unopposed MOTION for Extension of Time to complete FOIA processing by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 06/28/2011)
2011-06-28MINUTE ORDER granting 30 Defendants' consent motion for an extension of time. The Court's January 24, 2011 Scheduling Order 27 is MODIFIED as follows: Defendant Department of State shall use best efforts to complete processing by July 14, 2011. The parties shall then meet and confer and file a joint status report by July 29, 2011, indicating the status of production and proposing a mutually agreeable briefing schedule. Signed by Judge Rosemary M. Collyer on 6/28/2011. (lcrmc2) (Entered: 06/28/2011)
2011-06-28Set/Reset Deadlines/Hearings: Joint Status Report due by 7/29/2011. (cdw) (Entered: 06/30/2011)
2011-07-2631Consent MOTION for Extension of Time to File joint status report and proposed briefing schedule by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 07/26/2011)
2011-07-26MINUTE ORDER granting 31 Plaintiffs' Motion for Extension of Time. By no later than August 12, 2011, the parties shall file a joint status report proposing a mutually agreeable briefing schedule. Signed by Judge Rosemary M. Collyer on 7/26/2011. (lcrmc2) (Entered: 07/26/2011)
2011-07-26Set/Reset Deadlines/Hearings: Joint Status Report due by 8/12/2011. (cdw) (Entered: 07/29/2011)
2011-08-1232STATUS REPORT , filed jointly by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Powell, Amy) (Entered: 08/12/2011)
2011-08-1633ORDER directing the parties to file a Status Report with the Court by 10/26/2011. See order for further details. Signed by Judge Rosemary M. Collyer on August 15, 2011. (cdw) (Entered: 08/16/2011)
2011-09-0934MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 9/9/2011. (lcrmc2) (Entered: 09/09/2011)
2011-09-0935ORDER granting 15 defendant Central Intelligence Agency's motion for summary judgment and denying 21 Plaintiffs' motion for partial summary judgment against the Central Intelligence Agency. Accordingly, the Central Intelligence Agency is hereby DISMISSED as a defendant. Signed by Judge Rosemary M. Collyer on 9/9/2011. (lcrmc2) (Entered: 09/09/2011)
2011-09-0936Unopposed MOTION for Extension of Time to Produce Draft Vaughn Indices by DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 09/09/2011)
2011-09-12MINUTE ORDER granting 36 defendants' consent motion for an extension of time. The Court's August 15, 2011 Scheduling Order 33 is modified as follows: By no later than September 16, 2011, defendant Department of Defense shall provide Plaintiffs a draft Vaughn index and defendant Department of State shall provide Plaintiffs a partial draft Vaughn index. All other deadlines remain the same. Signed by Judge Rosemary M. Collyer on 9/12/2011. (lcrmc2) (Entered: 09/12/2011)
2011-10-1137MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nathan Freed Wessler, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, NY NY 10004. Phone No. - (212) 519-7847. Fax No. - 212-549-2651 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Nathan Freed Wessler, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/11/2011)
2011-10-13MINUTE ORDER granting 37 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Rosemary M. Collyer on 10/13/2011. (lcrmc2) (Entered: 10/13/2011)
2011-10-2638STIPULATION of Dismissal as to Department of Defense, Department of Justice, and Department of State, by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Spitzer, Arthur) (Entered: 10/26/2011)
2011-11-0939NOTICE OF APPEAL as to 35 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Filing fee $ 455, receipt number 0090-2728622. Fee Status: Fee Paid. Parties have been notified. (Spitzer, Arthur) (Entered: 11/09/2011)
2011-11-1040Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 39 Notice of Appeal. (rdj) (Entered: 11/10/2011)
2011-11-18USCA Case Number 11-5320 for 39 Notice of Appeal, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION. (rdj) (Entered: 11/18/2011)
2012-07-1141ORDER of USCA as to 39 Notice of Appeal to DC Circuit Court, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION ; USCA Case Number 11-5320. ORDERED that the motion be denied. (kb) (Entered: 07/11/2012)
2013-05-0842MANDATE of USCA (certified copy) as to 39 Notice of Appeal to DC Circuit Court, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION ; ORDERED and ADJUDGED that the judgement of the District Court appealed from in this cause is hereby reversed and the case is remanded for further proceedings, in accordance with the opinion of the court filed herein this date. USCA Case Number 11-5320. (md, ) (Entered: 05/09/2013)
2013-05-10MINUTE ORDER. Following receipt of the 42 USCA Mandate, it is hereby ORDERED that this case is REOPENED . The parties shall meet and confer and file a proposed joint briefing schedule on the issues on remand no later than May 24, 2013. Signed by Judge Rosemary M. Collyer on 5/10/2013.(lcrmc2) (Entered: 05/10/2013)
2013-05-1543MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brett Max Kaufman, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York NY 10004. Phone No. - 212.549.2603. Fax No. - 212.549.2654 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Brett Kaufman, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 05/15/2013)
2013-05-1544MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Hina Shamsi, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York NY 10004. Phone No. - 212.284.7321. Fax No. - 12.549.2654 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Hina Shamsi, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 05/15/2013)
2013-05-1545MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jameel Jaffer, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York NY 10004. Phone No. - 212.519.7814. Fax No. - 212.549.2654 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Jameel Jaffer, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 05/15/2013)
2013-05-21MINUTE ORDER granting 43 Motion for Leave to Appear Pro Hac Vice as to attorney Brett Max Kaufman. Signed by Judge Rosemary M. Collyer on 5/21/2013. (lcrmc2) (Entered: 05/21/2013)
2013-05-21MINUTE ORDER temporarily granting 44 Motion for Leave to Appear Pro Hac Vice as to Hina Shamsi. Ms. Shamsi has been admitted pro hac vice in this Court four times in the past two years. Her motion for pro hac vice admission in this case is granted conditionally pending her application for admission to the bar of this Court. Signed by Judge Rosemary M. Collyer on 5/21/2013. (lcrmc2) (Entered: 05/21/2013)
2013-05-21MINUTE ORDER temporarily granting 45 Motion for Leave to Appear Pro Hac Vice as to Jameel Jaffer. Mr. Jaffer has been admitted pro hac vice in this Court four times in the past two years. His motion for pro hac vice admission in this case is granted conditionally pending his application for admission to the bar of this Court. Signed by Judge Rosemary M. Collyer on 5/21/2013. (lcrmc2) (Entered: 05/21/2013)
2013-05-2446STATUS REPORT RESPONDING TO MAY 10, 2013 MINUTE ORDER OF THE COURT by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Shamsi, Hina) (Entered: 05/24/2013)
2013-05-28MINUTE ORDER. Upon consideration of the parties' 46 Joint Status Report, it is ordered that, no later than August 9, 2013, Defendant CIA shall file its motion for summary judgment. Plaintiffs may file a cross-motion and response no later than September 13, 2013; Defendant CIA may file its opposition and reply no later than October 11, 2013. The Court anticipates that briefing will be conducted as scheduled without any extensions to either party. Signed by Judge Rosemary M. Collyer on 5/28/2013. (lcrmc2) (Entered: 05/28/2013)
2013-05-28Set/Reset Deadlines/Hearings: CIA's Summary Judgment motion due by 8/9/2013. Response to Motion for Summary Judgment due by 9/13/2013. Reply to Motion for Summary Judgment due by 10/11/2013. Plaintiff's Cross Motion due by 9/13/2013. Response to Cross Motion due by 10/11/2013. (cdw) (Entered: 05/29/2013)
2013-06-0347MOTION to Withdraw as Attorney by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Wessler, Nathan) (Entered: 06/03/2013)
2013-06-0348MOTION to Clarify Briefing Schedule by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 06/03/2013)
2013-06-03MINUTE ORDER. 48 ACLU's motion to clarify is DENIED. The Court has adopted the normal progression of briefs in FOIA cases. Should future good cause exist for additional briefs, either party can submit a motion at that time. Signed by Judge Rosemary M. Collyer on 6/3/2013. (lcrmc2) (Entered: 06/03/2013)
2013-06-03MINUTE ORDER granting 47 Motion to Withdraw as Attorney as to Nathan Freed Wessler. Signed by Judge Rosemary M. Collyer on 6/3/2013.(lcrmc2) (Entered: 06/03/2013)
2013-08-0949WITHDRAWN PER MINUTE ORDER FILED 7/25/2014.....MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Martha Lutz, # 3 Declaration of Amy Powell)(Powell, Amy) Modified on 7/29/2014 (zmm, ). (Entered: 08/09/2013)
2013-08-0950NOTICE of Lodging Classified Material by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 08/09/2013)
2013-09-1351Cross MOTION for Partial Summary Judgment by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Shamsi, Hina) (Entered: 09/13/2013)
2013-09-1352RESPONSE re 51 Cross MOTION for Partial Summary Judgment , 49 MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Shamsi, Hina) (Entered: 09/13/2013)
2013-10-0153Unopposed MOTION to Stay Briefing Deadline in Light of Lapse of Appropriations by CENTRAL INTELLIGENCE AGENCY (Powell, Amy) (Entered: 10/01/2013)
2013-10-01MINUTE ORDER granting as unopposed 53 Defendants' Motion to Stay. This case is STAYED until Congress authorizes funding so that Department of Justice attorneys may resume their usual civil litigation functions. See 31 U.S.C. § 1342. Upon such authorization, Defendants shall inform the Court and propose a deadline for filing their omnibus reply/opposition brief. Signed by Judge Rosemary M. Collyer on 10/1/2013. (lcrmc2) (Entered: 10/01/2013)
2013-10-01Case Stayed. (cdw) (Entered: 10/02/2013)
2013-10-08MINUTE ORDER. Due to the unanticipated length of the lapse of government appropriations, this case remains STAYED . No later than seven days after the government shutdown ends, the parties shall file a revised joint proposed schedule for Defendants' omnibus reply/opposition brief. The stay will be automatically lifted without further court order upon the end of the shutdown. Signed by Judge Rosemary M. Collyer on 10/8/2013. (lcrmc2) (Entered: 10/08/2013)
2013-10-08Case Stayed. (cdw) (Entered: 10/08/2013)
2013-10-1854NOTICE of Restored Funding and Joint Proposed Schedule by DEPARTMENT OF JUSTICE (Powell, Amy) (Entered: 10/18/2013)
2013-10-18MINUTE ORDER granting the 54 Joint Proposed Schedule. Defendants' Reply Memorandum in support of their 49 Motion for Summary Judgment shall be filed no later than 11/1/13. The Court will take Plaintiffs' request for oral argument under advisement. Signed by Judge Rosemary M. Collyer on 10/18/13. (lcrmc1) (Entered: 10/18/2013)
2013-10-18Set/Reset Deadlines/Hearings: Reply to Motion for Summary Judgment due by 11/1/2013. (cdw) Modified on 10/21/2013 (zcdw). (Entered: 10/21/2013)
2013-11-0155REPLY to opposition to motion re 51 Cross MOTION for Partial Summary Judgment , 49 MOTION for Summary Judgment and Opposition to Cross-motion filed by CENTRAL INTELLIGENCE AGENCY. (Powell, Amy) (Entered: 11/01/2013)
2014-02-1256NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Shamsi, Hina) (Entered: 02/12/2014)
2014-04-09MINUTE ORDER. The CIA is hereby directed to file a supplemental brief, no later than April 30, 2014, addressing 56 Plaintiffs' Notice of Supplemental Authority. Plaintiffs may reply to CIA's submission no later than May 14, 2014. The briefs on this issue are not to exceed ten pages. Signed by Judge Rosemary M. Collyer on 4/9/2014. (lcrmc1) (Entered: 04/09/2014)
2014-04-09Set/Reset Deadlines/Hearings: CIA's supplemental brief due by 4/30/2014. Plaintiffs' reply brief due by 5/14/2014. (cdw) (Entered: 04/10/2014)
2014-04-2257NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Jaffer, Jameel) (Entered: 04/22/2014)
2014-04-2958MOTION to Stay Proceedings by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Powell, Amy) (Entered: 04/29/2014)
2014-05-0159Memorandum in opposition to re 58 MOTION to Stay Proceedings filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Jaffer, Jameel) (Entered: 05/01/2014)
2014-05-19MINUTE ORDER taking under advisement 58 CIA's Motion to Stay the Proceedings. It is further ordered that CIA shall file a supplemental brief, no later than June 2, 2014, addressing 56 Plaintiffs' Notice of Supplemental Authority. Plaintiffs may reply to CIA's submission no later than June 16, 2014. The briefs on this issue are not to exceed ten pages. Signed by Judge Rosemary M. Collyer on 5/19/2014. (lcrmc1) (Entered: 05/19/2014)
2014-05-19Set/Reset Deadlines/Hearings: CIA's supplemental brief due by 6/2/2014. Plaintiffs reply due by 6/16/2014. (cdw) (Entered: 05/20/2014)
2014-06-0260SUPPLEMENTAL MEMORANDUM to re 56 NOTICE OF SUPPLEMENTAL AUTHORITY filed by CENTRAL INTELLIGENCE AGENCY. (Powell, Amy) (Entered: 06/02/2014)
2014-06-0561SUPPLEMENTAL MEMORANDUM to re 60 Supplemental Memorandum re Feb. 12, 2014 Notice of Supplemental Authority filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Jaffer, Jameel) (Entered: 06/05/2014)
2014-06-06MINUTE ORDER granting 58 CIA's Motion to Stay Proceedings pending further appeal of the Second Circuit's decision in New York Times Co. v. DOJ, Nos. 13-422-cv and 13-445-cv (April 21, 2014). No later than July 21, 2014, the CIA shall submit a status report to advise the Court of the status of any further proceedings in that matter. Signed by Judge Rosemary M. Collyer on 6/6/2014. (lcrmc1) (Entered: 06/06/2014)
2014-06-06Case Stayed. Set/Reset Deadlines/Hearings: CIA's Status Report due by 7/21/2014. (cdw) (Entered: 06/09/2014)
2014-07-1862STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Powell, Amy) (Entered: 07/18/2014)
2014-07-2463RESPONSE re 62 Status Report filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Jaffer, Jameel) (Entered: 07/24/2014)
2014-07-25MINUTE ORDER. Pursuant to 62 Defendant CIA's status report and 63 ACLU's response, it is hereby ordered that the stay of this matter is lifted. It is further ordered that 49 Defendants' Motion for Summary Judgment is withdrawn at Defendants' request. Signed by Judge Rosemary M. Collyer on 7/25/2014. (lcrmc1) (Entered: 07/25/2014)
2014-08-11MINUTE ORDER. Based on 62 CIA's Status Report and 63 ACLU's Response, the Court finds that 51 ACLU's Cross-Motion for Partial Summary Judgment requires revised briefing to account for recent developments. Accordingly, it is hereby ordered that 51 ACLU's Cross-Motion for Partial Summary Judgment is denied without prejudice. Signed by Judge Rosemary M. Collyer on 8/11/2014. (lcrmc1) (Entered: 08/11/2014)
2014-08-20MINUTE ORDER. No later than September 10, 2014, the parties shall file a joint status report regarding the outstanding FOIA requests. To the extent further briefing is required, the parties are further directed to submit a joint proposed briefing schedule no later than September 10, 2014. Signed by Judge Rosemary M. Collyer on 8/20/2014. (lcrmc1) (Entered: 08/20/2014)
2014-08-20Set/Reset Deadlines/Hearings: Joint status report and joint proposed briefing schedule due by 9/10/2014 (cdw) (Entered: 08/20/2014)
2014-09-0464MOTION to Withdraw as Attorney Brett Max Kaufman by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Kaufman, Brett) (Entered: 09/04/2014)
2014-09-04MINUTE ORDER granting 64 Plaintiffs' Motion to Withdraw. Attorney Brett Max Kaufman is hereby terminated from this action. Signed by Judge Rosemary M. Collyer on 9/4/2014. (lcrmc1) (Entered: 09/04/2014)
2014-09-1065STATUS REPORT (JOINT) by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Jaffer, Jameel) (Entered: 09/10/2014)
2014-09-11MINUTE ORDER. Pursuant to the 65 Joint Status Report, it is hereby ordered that Defendant CIA shall complete the processing of responsive documents and file a motion for summary judgment no later than November 25, 2014; Plaintiffs shall file an opposition and cross-motions for summary judgment no later than December 19, 2014; and Defendant CIA may file a reply no later than January 9, 2015. Signed by Judge Rosemary M. Collyer on 9/11/2014. (lcrmc1) (Entered: 09/11/2014)
2014-09-11Set/Reset Deadlines/Hearings: Defendant CIA's Summary Judgment motion due by 11/25/2014. Response to Motion for Summary Judgment due by 12/19/2014. Reply to Motion for Summary Judgment due by 1/9/2015. Plaintiffs' Cross Motion due by 12/19/2014. (cdw) (Entered: 09/12/2014)
2014-11-1066NOTICE of Appearance by Stephen McCoy Elliott on behalf of All Defendants (Elliott, Stephen) (Entered: 11/10/2014)
2014-11-2567MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Memorandum in Support, # 2 Declaration of Martha M. Lutz, # 3 Statement of Facts, # 4 Text of Proposed Order)(Elliott, Stephen) (Entered: 11/25/2014)
2014-11-2568NOTICE of Classified Lodging by DEPARTMENT OF JUSTICE (Elliott, Stephen) (Entered: 11/25/2014)
2014-12-1969Memorandum in opposition to re 67 MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Declaration of Jameel Jaffer, # 2 Text of Proposed Order)(rdj) (Entered: 12/22/2014)
2014-12-1970Cross- MOTION for Summary Judgment by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Seed docket entry 69 to view the document)(rdj) (Entered: 12/22/2014)
2015-01-0971REPLY to opposition to motion re 67 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Elliott, Stephen) (Entered: 01/09/2015)
2015-01-0972Memorandum in opposition to re 70 MOTION for Summary Judgment by Plaintiffs filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Elliott, Stephen) (Entered: 01/09/2015)
2015-06-0973NOTICE by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 06/09/2015)
2015-06-1874MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on June 18, 2015. (lcrmc1) (Entered: 06/18/2015)
2015-06-1875ORDER granting 67 Defendant's Motion for Summary Judgment and denying 70 Plaintiffs' Cross-Motion for Summary Judgment. Judgment is entered in favor of Defendant. This case is closed. Signed by Judge Rosemary M. Collyer on June 18, 2015. (lcrmc1) (Entered: 06/18/2015)
2015-07-2976NOTICE OF APPEAL TO DC CIRCUIT COURT as to 75 Order on Motion for Summary Judgment,,, by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Filing fee $ 505, receipt number 0090-4191819. Fee Status: Fee Paid. Parties have been notified. (Jaffer, Jameel) (Entered: 07/29/2015)
2015-07-3077Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 76 Notice of Appeal to DC Circuit Court. (zrdj) (Entered: 07/30/2015)
2015-08-03USCA Case Number 15-5217 for 76 Notice of Appeal to DC Circuit Court, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION. (md) (Entered: 08/03/2015)
2016-06-1578MANDATE of USCA (certified copy) ORDERED AND ADJUDGED that the judgment of the District Court be affirmed as to 76 Notice of Appeal to DC Circuit Court, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION. USCA Case Number 15-5217. (Attachments: # 1 Exhibit)(zrdj) (Entered: 06/15/2016)
2016-07-0879Consent MOTION for Extension of Time to File application for attorneys' fees by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 07/08/2016)
2016-07-11MINUTE ORDER granting 79 consent Motion for Extension of Time to File motion for attorney fees. Plaintiffs shall file a motion for attorney fees with accompanying affidavit regarding hourly rate(s) and time billed, no later than September 6, 2016. A status conference is scheduled on August 30, 2016 at 10:00 a.m. in Courtroom 8. If the parties resolve this issue, they shall file a notice informing the Court. Signed by Judge Rosemary M. Collyer on 7/11/2016. (KD) (Entered: 07/11/2016)
2016-07-11Set/Reset Deadlines/Hearings: Status Conference set for 8/30/2016 at 10:00 AM in Courtroom 8 before Judge Rosemary M. Collyer. (cdw) (Entered: 07/12/2016)
2016-08-2680Consent MOTION for Extension of Time to Negotiate Attorneys' Fees by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Shamsi, Hina) (Entered: 08/26/2016)
2016-08-26MINUTE ORDER granting 80 consent Motion for Extension of Time; requiring Plaintiffs to file a motion for attorney fess, with supporting affidavit of fees, costs, and hourly rates, no later than October 4, 2016. The August 30, 2016 status conference is CANCELLED and will not be reset at this time. Signed by Judge Rosemary M. Collyer on 8/26/2016. (KD) (Entered: 08/26/2016)
2016-08-3181MOTION to Withdraw as Attorney by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Jaffer, Jameel) (Entered: 08/31/2016)
2016-08-31MINUTE ORDER granting 81 Motion to Withdraw as Attorney. Attorney Jameel Jaffer withdrawn and terminated as counsel in this case. Signed by Judge Rosemary M. Collyer on 8/31/2016. (KD) (Entered: 08/31/2016)
2016-10-0382Consent MOTION for Extension of Time to Brief Attorneys Fees and Costs by CENTRAL INTELLIGENCE AGENCY (Powell, Amy) (Entered: 10/03/2016)
2016-10-03MINUTE ORDER granting 82 Consent Motion for Extension of Time. Plaintiffs' motion for attorneys' fees shall be filed on or before October 14, 2016. Signed by Judge Rosemary M. Collyer on 10/3/2016. (lcrmc1) (Entered: 10/03/2016)
2016-10-03Set/Reset Deadlines/Hearings: Motion for attorneys' fees due by 10/14/2016. (cdw) (Entered: 10/04/2016)
2016-10-1483STIPULATION of Dismissal by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Shamsi, Hina) (Entered: 10/14/2016)
2016-10-14MINUTE ORDER approving of 83 Stipulation of Dismissal with Prejudice. This case is closed. Signed by Judge Rosemary M. Collyer on 10/14/2016. (lcrmc1) (Entered: 10/14/2016)
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