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Case TitleAmerican Civil Liberties Union et al v. Federal Bureau of Investigation et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2011cv05963
Date Filed2011-08-25
Date Closed2013-11-08
JudgeJudge Paul G. Gardephe
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
DefendantFederal Bureau of Investigation
DefendantUnited States Department of Justice
DefendantNational Security Agency
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-08-251COMPLAINT against Federal Bureau of Investigation, National Security Agency, United States Department of Justice. (Filing Fee $ 350.00, Receipt Number 465401014948)Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(laq) (Entered: 08/31/2011)
2011-08-25SUMMONS ISSUED as to Federal Bureau of Investigation, National Security Agency, United States Department of Justice. (laq) (Entered: 08/31/2011)
2011-08-252RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(laq) (Entered: 08/31/2011)
2011-08-25Magistrate Judge Gabriel W. Gorenstein is so designated. (laq) (Entered: 08/31/2011)
2011-08-25Case Designated ECF. (laq) (Entered: 08/31/2011)
2011-09-163AFFIDAVIT OF SERVICE. Federal Bureau of Investigation served on 8/25/2011, answer due 10/24/2011. Service was made by MAIL. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Choudhury, Nusrat) (Entered: 09/16/2011)
2011-09-164AFFIDAVIT OF SERVICE. United States Department of Justice served on 8/25/2011, answer due 10/24/2011. Service was made by MAIL. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Choudhury, Nusrat) (Entered: 09/16/2011)
2011-09-165AFFIDAVIT OF SERVICE. National Security Agency served on 8/25/2011, answer due 10/24/2011. Service was made by MAIL. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Choudhury, Nusrat) (Entered: 09/16/2011)
2011-09-226NOTICE OF APPEARANCE by John Dalton Clopper on behalf of Federal Bureau of Investigation, National Security Agency, United States Department of Justice (Clopper, John) (Entered: 09/22/2011)
2011-09-237AMENDED COMPLAINT amending 1 Complaint, against Federal Bureau of Investigation, National Security Agency, United States Department of Justice.Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. Related document: 1 Complaint, filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(mro) (ft). (Entered: 09/26/2011)
2011-10-078ANSWER to 7 Amended Complaint,. Document filed by Federal Bureau of Investigation, National Security Agency, United States Department of Justice.(Clopper, John) (Entered: 10/07/2011)
2011-10-139NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 11/10/2011 at 10:30 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 10/11/2011) (cd) (Entered: 10/13/2011)
2011-11-10Minute Entry for proceedings held before Judge Paul G. Gardephe: Initial Pretrial Conference held on 11/10/2011. (mr) (Entered: 11/10/2011)
2011-11-1410CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). This case is to be tried to a jury. The parties do not anticipate the need for discovery. Discovery, including initial disclosures, is held in abeyance until Defendants' completion of searches for and release of responsive records. The parties do not expect that this case will proceed to trial. However, at the close of discovery or, if a party has filed a dispositive motion, then within 30 days of a decision resolving the motion, the Court will set a Ready Trial Date. At any time on or after the Ready Trial Date, the Court may call the parties to trial upon 48 hours' notice. The parties are directed to submit to the Court by January 20, 2012 a joint letter advising the Court as to the status of the productions and indicating whether the parties intend to file cross-motions for summary judgment. (Signed by Judge Paul G. Gardephe on 11/10/2011) (mro) (Entered: 11/14/2011)
2012-01-3011SCHEDULING ORDER: Defendants' Motion for Summary Judgment: 4/13/2012; Plaintiff's Opposition & Cross Motion: 5/1/2012; Defendants' Rep1y and Opposition to Cross Motion: 5/16/2012; Plaintiff's Reply: 5/30/2012. (Signed by Judge Paul G. Gardephe on 1/27/2012) (ft) (Entered: 01/30/2012)
2012-04-1612ENDORSED LETTER addressed to Judge Paul G. Gardephe from John D. Clopper dated 4/10/2012 re: I write respectfully on behalf of both parties to request that the Court modify the Scheduling Order, dated January 27, 2012, governing this case. This is the parties' first request for modification of the Scheduling Order. ENDORSEMENT: The Application is granted. The parties will send a joint letter to the Court by July 23, 2012 updating the Court as to the status of the matter. (Signed by Judge Paul G. Gardephe on 4/16/2012) (lmb) (Entered: 04/16/2012)
2012-07-2513ENDORSED LETTER addressed to Judge Paul G. Gardephe from John D. Clopper dated 7/23/2012 re: I write respectfully on behalf of the Government to request that the Court modify the Scheduling Order, dated April 16, 2012, governing this case. ENDORSEMENT: The Application is granted. The Government should be aware that the Court is unlikely to grant further requests for extensions of time. (Signed by Judge Paul G. Gardephe on 7/25/2012) (lmb) (Entered: 07/26/2012)
2013-01-1514ENDORSED LETTER addressed to Judge Paul G. Gardephe from John D. Clopper dated 1/11/2013 re: I write respectfully on behalf of the Government regarding the above-referenced case brought pursuant to the Freedom of Information Act ("FOIA"). Plaintiff American Civil Liberties Union's ("ACLU") FOIA request seeks records related to the eGuardian system - which provides authorized federal, state and local law enforcement agencies the ability to input and access suspicious activity reports. I write respectfully to request a one-month extension of time - until February 11, 2013 - for the Government to complete production of responsive records in this case. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 1/15/2013) (lmb) (Entered: 01/16/2013)
2013-02-1215ENDORSED LETTER addressed to Judge Paul G. Gardephe from John D. Clopper dated 2/8/2013 re: I write respcctfully on behalf of both parties to propose a summary judgment briefing schedule. The parties propose the following schedule: 1) The Government's brief in support of its motion for summary judgment shall be filed by May 10, 2013; 2) The ACLU's brief in opposition to the Government's motion and in support of its cross-motion for summary judgment shall be filed by June 7, 2013; 3) The Government's reply in support of its motion for summary judgment and in opposition to the ACLU's cross-motion shall be filed by June 21, 2013. 4) The ACLU's reply brief shall be filed by July 12, 2013. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 2/12/2013) (ft) (Entered: 02/13/2013)
2013-02-12Set/Reset Deadlines: Responses due by 6/7/2013. Replies due by 7/12/2013. (ft) (Entered: 02/13/2013)
2013-05-1016ENDORSED LETTER addressed to Judge Paul G. Gardephe from John D. Clopper dated 5/08/2013 re: I write respectfully to request a modification of the summary judgment briefing schedule in the above-referenced case brought pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 et seq. The government and plaintiff American Civil Liberties Union ("ACLU") are currently discussing alternatives for narrowing the range of documents and/or FOIA exemptions that will require briefing. In order to facilitate those discussions, and potentially reduce the number of issues necessary to present to Court, the government requests an approximate one-month extension of its time to file its brief, from May 10, 2013, to June 14, 2013. ENDORSEMENT: Application Granted. SO ORDERED., ( Cross Motions due by 7/26/2013., Motions due by 6/14/2013., Responses due by 7/12/2013, Replies due by 8/9/2013.) (Signed by Judge Paul G. Gardephe on 5/10/2013) (ama) (Entered: 05/10/2013)
2013-06-1717ENDORSED LETTER addressed to Judge Paul G. Gardephe from John D. Clopper dated 6/13/2013 re: Counsel writes regarding the parties' settlement discussions and to request a 42-day extension of time, from 6/14/2013, to 7/26/2013, for the government to file a motion for summary judgment. ENDORSEMENT: The Application is granted. No further extensions will be granted.(Motions due by 7/26/2013.) (Signed by Judge Paul G. Gardephe on 6/15/2013) (tro) (Entered: 06/17/2013)
2013-07-3118ENDORSED LETTER addressed to Judge Paul G. Gardephe from John D. Clopper dated 7/26/2013 re: Accordingly, the parties jointly request that the Court extend the Government's time to file its summary judgment brief to Thursday, August 1, 2013. The parties propose that the ACLU's time to file its brief be extended for four business days as well, from Friday, August 23, 2013, to Thursday, August 29; 2013. ENDORSEMENT: The Application is granted. ( Motion due by 8/1/2013. Responses due by 8/29/2013) (Signed by Judge Paul G. Gardephe on 7/30/2013) (cd) (Entered: 07/31/2013)
2013-08-0219ENDORSED LETTER addressed to Judge Paul G. Gardephe from John D. Clopper dated 8/1/2013 re: Joint request to be permitted to report back to the Court no later than 9/6/2013. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 8/2/2013) (cd) (Entered: 08/05/2013)
2013-10-1020ENDORSED LETTER addressed to Judge Paul G. Gardephe from Nusrat J. Choudhury dated 10/9/2013 re: The parties respectfully request that the Court enter a schedule requiring the parties to submit within ten days of the restoration of funding a report of any settlement of Plaintiffs' attorneys' fees claim, or in the event that the claim is not resolved, a jointly proposed schedule for briefing Plaintiffs' motion for attorneys' fees. ENDORSEMENT: The application is granted. (Signed by Judge Paul G. Gardephe on 10/10/2013) (rsh) (Entered: 10/10/2013)
2013-10-2221ENDORSED LETTER addressed to Judge Paul G. Gardephe from Nusrat J. Choudhury dated 10/18/2013 re: Counsel for Plaintiffs respectfully write to request a two-day extension of the parties deadline to provide the Court with a notice of any settlement of Plaintiffs' claim for attorneys' fees. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 10/21/2013) (rsh) (Entered: 10/22/2013)
2013-10-3022JOINT LETTER addressed to Judge Paul G. Gardephe from Nusrat Choudhury dated October 30, 2013 re: Joint Status Report Concerning Settlement of Plaintiffs' Attorneys' Fees Claim. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Federal Bureau of Investigation, National Security Agency, United States Department of Justice.(Choudhury, Nusrat) (Entered: 10/30/2013)
2013-11-0823STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: Pursuant to Rule 41(a)(I) (A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs agree to dismiss this action with prejudice. Defendants shall pay to Plaintiffs the sum of $45,000.00 in attorneys' fees and litigation costs, and as further set forth in this document. The Clerk of the Court is directed to close this case. (Signed by Judge Paul G. Gardephe on 11/7/2013) (cd) (Entered: 11/08/2013)
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