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Case TitleGerstein v. Central Intelligence Agency et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2006cv04643
Date Filed2006-07-31
Date Closed2011-02-07
JudgeHon. Maxine M. Chesney
PlaintiffJoshua A. Gerstein
DefendantCentral Intelligence Agency Washington, DC 20505
DefendantDepartment of Defense Washington, DC 20301
DefendantDepartment of Justice Washington, DC 20530
DefendantUnited States Department of Justice Washington, DC 20530
DefendantDepartment of State Washington, DC 20520
DefendantFederal Bureau of Investigation 935 Pennsylvania Avenue, NW Washington, DC 20535
DefendantNational Reconnaissance Office 14675 Lee Road Chantilly, VA 20151
DefendantNational Security Agency Central Security Service Ft. George G. Meade, MD 20755
Documents
Docket
Opinion/Order [23]
Opinion/Order [24]
FOIA Project Annotation: Reporter Josh Gerstein of the New York Sun, who has been quite successful in the handful of FOIA cases he has litigated on his own, has been awarded expedited processing for his March 2005 requests to the CIA and the NSA for records concerning investigations of unauthorized disclosures of classified information. Gerstein made similar requests to the Defense Department, Justice Department, FBI, and State Department, all of whom granted expedited processing. The CIA refused Gerstein's administrative appeal of the denial, indicating that there was no right of appeal for expedited processing. The NSA determined that Gerstein did not qualify for expedited processing. Although the CIA and the NSA acknowledged that Gerstein qualified as a "person primarily engaged in disseminating information," the agencies based their denial on the fact that the subject of Gerstein's requests did not involve a matter of urgency. Gerstein pointed to statements by President Bush, Vice President Dick Cheney, and CIA Director Porter Goss complaining about the damage done by leaks. He also provided congressional testimony in which the leaks had been called "very severe" and indicated that a database search had turned up 977 news reports in the previous 90 days concerning the subject of leaks and classified information. District Court Judge Maxine Chesney initially observed that Gerstein, to obtain expedited processing, "must demonstrate a 'compelling need' for the information sought, which requires a showing of 'urgency to inform the public concerning actual or alleged Federal Government activity.'" She pointed out that the D.C. Circuit, in Al-Fayed v. CIA, 254 F.3d 300 (D.C. Cir. 2001), had concluded that "in determining whether requestors have demonstrated 'urgency to inform' and hence 'compelling need,' courts must consider at least three factors: (1) whether the request concerns a matter of current exigency to the American public; (2) whether the consequences of delaying a response would compromise a significant recognized interest; and (3) whether the request concerns federal government activity." But the agencies, relying on Al-Fayed, argued that "because the issue has been the subject of 'ongoing' and 'sustained' interest. . . it cannot also be 'urgent' and 'exigent.'" Chesney pointed out that Al-Fayed involved a request for information about possible surveillance of Princess Diana that occurred several years before the request was made. She noted that "by contrast, Gerstein seeks documents concerning the government's ongoing efforts to address leaks of classified information, an issue that is not only newsworthy, but was the subject of an ongoing national debate at the time he made his FOIA requests. The Court finds Gerstein has demonstrated that the subject of his FOIA requests concerned a matter of then-current exigency to the American public." The agencies also argued that Gerstein had failed to establish that "the consequences of delaying a response would compromise a significant recognized interest." Acknowledging that Gerstein's request contained no specific contention that delay would compromise a significant interest, Chesney explained that "Gerstein nevertheless adequately described such an interest. In particular, Gerstein expressly noted that 'members of Congress have. . . decried leaks of classified information and are considering legislation to address the issue' and that leaks of classified information had been discussed in hearings before the Senate Intelligence Committee; he argued that 'the potential for legislative action further underscores the urgency of this request.' The Court agrees. As Gerstein points out in the instant motion, there is a significant recognized interest in enhancing public debate on potential legislative action." Regardless of the potential for legislation, Gerstein argued that Congress had intended to expedite requests pertaining to issues of strong public interest. Noting that Al-Fayed indicated that a general right-to-know claim would not be sufficient to show urgency, Chesney indicated that the district court in ACLU of Northern California v. Dept of Defense, 2006 WL 1469418, had found that the media had a "'significant recognized interest,' beyond the public's mere 'right to know,' in 'quickly disseminating breaking, general-interest news.'" She noted that "indeed, with respect to expedited processing under FOIA, the regulations applicable to the NSA expressly define the term 'urgently needed' to encompass 'a breaking news story of general public interest.'" Having found that Gerstein had made his case for expedited processing, Chesney then turned to the question of implementing expedited review. Gerstein had requested that the court order the agencies to process his requests within 30 days of the court's order. She noted that "Defendants do not respond to this request and, in particular, do not contend it is not 'practicable' for them to process Gerstein's FOIA request within 30 days." Pointing out that FOIA required agencies to respond to a request within 20 working days, she indicated that "the CIA and NSA have made no showing that they are unable to comply with this mandate. Finally, Gerstein's FOIA requests have been pending for more than eight months. Accordingly, the Court will grant Gerstein's request that the CIA and NSA be required to process his requests and produce all non-exempt responsive records within 30 days." Gerstein had also requested that the agencies be required to submit a Vaughn index within 60 days. But Chesney noted that "the Ninth Circuit has held, however, that production of a Vaughn index is not necessary in all FOIA cases and in particular, is unnecessary where an 'affidavit submitted by an agency is sufficient to establish that the requested documents should not be disclosed,' or where 'a FOIA requester has sufficient information to present a full legal argument.' In the instant case, as the CIA and NSA have not yet responded to Gerstein's FOIA requests, Gerstein has not demonstrated the need for a Vaughn index." She added that Gerstein could seek "such relief at a later date if he finds the CIA's and NSA's forthcoming responses to his FOIA requests lack sufficient detail with respect to any asserted justification for the withholding of responsive records."
Issues: Expedited processing
Opinion/Order [25]
Opinion/Order [28]
Opinion/Order [46]
Opinion/Order [50]
Opinion/Order [54]
Opinion/Order [66]
Opinion/Order [77]
Opinion/Order [78]
Opinion/Order [80]
Opinion/Order [83]
Opinion/Order [86]
Opinion/Order [87]
Opinion/Order [88]
Opinion/Order [90]
Opinion/Order [92]
Opinion/Order [94]
Opinion/Order [96]
Opinion/Order [97]
Opinion/Order [98]
Opinion/Order [99]
FOIA Project Annotation: A federal court in California has upheld the exemption claims of various intelligence agencies in withholding records from journalist Josh Gerstein concerning investigations of leaks of classified information during the Bush administration. Judge Maxine Chesney found that the NSA, the CIA, the NRO, and several components of the Justice Department�"including the Office of Information and Privacy and the Criminal Division�"had provided detailed enough explanations of how searches were conducted and how exemptions applied to meet their burden of showing that the records should be withheld. Chesney did find that DOJ's Office of Professional Responsibility had not provided enough information to justify its exemption claims. She also found that the CIA had failed to substantiate its Exemption 3 (other statutes) claims for 14 documents referred by DOJ to the agency. She noted that "the CIA's proffered rationale for withholding said documents is conclusory and thus insufficient to justify withholding under Exemption 3. Further, due to the CIA's treatment of the documents as a group rather than a discussion of each individual document, the Court is unable to determine which exemption, of those exemptions listed, the CIA may be asserting with respect to each of the particular documents, much less whether any asserted exemption properly applies to each such document." Chesney told both the CIA and OPR to provide supplemental affidavits concerning the disputed documents.
Issues: Adequacy - Search, Exemption 3 - Statutory prohibition of disclosure
Opinion/Order [102]
Opinion/Order [104]
Opinion/Order [106]
Opinion/Order [108]
Opinion/Order [115]
Opinion/Order [119]
Opinion/Order [122]
Opinion/Order [123]
Opinion/Order [125]
Opinion/Order [127]
Opinion/Order [128]
Opinion/Order [131]
Opinion/Order [133]
Opinion/Order [135]
Opinion/Order [142]
Opinion/Order [145]
Opinion/Order [146]
Opinion/Order [148]
Opinion/Order [151]
Opinion/Order [154]
Opinion/Order [156]
Opinion/Order [158]
FOIA Project Annotation: A federal court in California has ruled that the Justice Department's Office of Professional Responsibility properly invoked Exemption 7(C) (invasion of privacy concerning law enforcement records) to withhold the identities of two Justice employees who were investigated for leaking information. One was described as an Assistant U.S. Attorney who at the time was serving as the acting head of a DOJ component, while the other was an FBI Assistant Director in Charge. Judge Maxine Chesney noted that "here the AUSA enjoys a privacy interest in avoiding disclosure of his/her identity, and thus avoiding the embarrassment and stigma associated with disciplinary action. While the public has an interest in knowing the identity of such an individual, and although this particular AUSA was 'a line attorney acting in a supervisory position,' an AUSA is 'not considered a high-level employee in the DOJ hierarchy,' and the public's interest in learning the identity of such individual is diminished. Moreover, the DOJ concluded the disclosure was not intentional, and warranted only 'a letter of caution.'" She pointed out that "given the level of the employee in question, the lack of intentional misconduct, and the disclosure of non-exempt segregable portions of the documents, the Court, 'in [b]alancing the privacy interests at stake against the public interest involved,' finds OPR has made a sufficient showing under Exemption 7(C) that disclosure of the identity of the AUSA 'could reasonably be expected to constitute an unwarranted invasion of privacy.'" The agency withheld the name of the FBI official because disclosure of that name would necessarily allow for identification of the AUSA as well. Chesney observed that "ordinarily, the public's interest in disclosure increases with an employee's level of responsibility. Here, however, the public's interest must also be balanced against the AUSA's privacy interest. . .In light of the lack of serious wrongdoing by the FBI official, the Court finds the AUSA's privacy interest continues to outweigh the public's interest, such that disclosure of the FBI official's identity 'could reasonably be expected to constitute an unwarranted invasion of personal privacy' with respect to the AUSA."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2006-07-311COMPLAINT against Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency ( Filing fee $ 350.00, receipt number 3388345.). Filed byJoshua A. Gerstein. (aaa, Court Staff) (Filed on 7/31/2006) (Entered: 07/31/2006)
2006-07-31Summons Issued as to Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (aaa, Court Staff) (Filed on 7/31/2006) (Entered: 07/31/2006)
2006-07-312ADR SCHEDULING ORDER: Case Management Statement due by 10/27/2006. Case Management Conference set for 11/3/2006 10:30 AM. Signed by Judge Maxine M. Chesney on 07/31/06. (aaa, Court Staff) (Filed on 7/31/2006) (Entered: 07/31/2006)
2006-08-253STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (aaa, Court Staff) (Filed on 8/25/2006) (Entered: 08/29/2006)
2006-08-304STIPULATION AND ORDER GRANTING that defendants may have an extension of time to and including September 29, 2006 to answer, move, or otherwise respond to plaintiff's complaint. IT IS SO ORDERED. Signed by Judge Maxine M. Chesney on 08/30/06. (aaa, Court Staff) (Filed on 8/30/2006) (Entered: 08/31/2006)
2006-09-295NOTICE of Appearance Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency (aaa, Court Staff) (Filed on 9/29/2006) (Entered: 10/02/2006)
2006-09-296ANSWER to Complaint byCentral Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (aaa, Court Staff) (Filed on 9/29/2006) (Entered: 10/02/2006)
2006-10-137MOTION for Partial Summary Judgment on Claims for Denial of Expedited Processing filed by Joshua A. Gerstein. Motion Hearing set for 11/17/2006 09:00 AM. (aaa, Court Staff) (Filed on 10/13/2006) (Entered: 10/16/2006)
2006-10-138MOTION to Compel Responses to Freedom of Information Act Request filed by Joshua A. Gerstein. Motion Hearing set for 11/17/2006 09:00 AM. (aaa, Court Staff) (Filed on 10/13/2006) (Entered: 10/16/2006)
2006-10-139Declaration of JOSHUA A. GERSTEIN filed byJoshua A. Gerstein. (aaa, Court Staff) (Filed on 10/13/2006) (Entered: 10/16/2006)
2006-10-1310CERTIFICATE OF SERVICE by Joshua A. Gerstein re 1 Complaint (aaa, Court Staff) (Filed on 10/13/2006) (Entered: 10/16/2006)
2006-10-1311ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (aaa, Court Staff) (Filed on 10/13/2006) (Entered: 10/16/2006)
2006-10-1612STIPULATION AND ORDER FOR RELIEF FROM AUTOMATIC REFERRAL TO ADR. Upon the stipulation of the parties and good cause appearing, the parties are relieved from the automatic referral of this case to ADR. IT IS SO ORDERED. Signed by Judge Maxine M. Chesney on 10/16/06. (aaa, Court Staff) (Filed on 10/16/2006) (Entered: 10/18/2006)
2006-10-2613Declaration of CARLOTTA P. WELLS IN SUPPORT OF DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME filed byCentral Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (aaa, Court Staff) (Filed on 10/26/2006) (Entered: 10/27/2006)
2006-10-2714CASE MANAGEMENT STATEMENT filed by Joshua A. Gerstein. (aaa, Court Staff) (Filed on 10/27/2006) (Entered: 10/30/2006)
2006-10-2715CASE MANAGEMENT STATEMENT filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (aaa, Court Staff) (Filed on 10/27/2006) (Entered: 10/30/2006)
2006-10-2716DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME AND ORDER: Upon consideration of defendants' unopposed motion for extension of time and good cause appearing, defendants' responses to plaintiff's Motion to Compel and Motion for Partial Summary Judgment are to be filed no later than November 9, 2006. Plaintiff's Reply is due to be filed no later than November 17, 2006. The Motions are Noticed for Hearing on December 1, 2006. IT IS SO ORDERED. Signed by Judge Maxine M. Chesney on 10/27/06. (aaa, Court Staff) (Filed on 10/27/2006) (Entered: 10/30/2006)
2006-11-0317Minute Entry: Initial Case Management Conference (held) on 11/3/2006 before The Honorable Maxine M. Chesney (Date Filed: 11/3/2006). A Joint Case Management Statement due by 2/2/2007. Case Management Conference Continued for 2/9/2007 10:30 AM. (Court Reporter None.) (aaa, Court Staff) (Date Filed: 11/3/2006) (Entered: 11/06/2006)
2006-11-0918MEMORANDUM in Opposition re 7 MOTION for Partial Summary Judgment on Claims for Denial of Expedited Processing filed byCentral Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Related document(s) 7 ) (aaa, Court Staff) (Filed on 11/9/2006) (Entered: 11/09/2006)
2006-11-0919MEMORANDUM in Opposition re 8 MOTION to Compel Responses to Freedom of Information Act Requests filed byCentral Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Related document(s) 8 ) (aaa, Court Staff) (Filed on 11/9/2006) (Entered: 11/09/2006)
2006-11-1720Second Declaration of Joseph A. Gerstein filed byJoshua A. Gerstein. (gsa, COURT STAFF) (Filed on 11/17/2006) (Entered: 11/22/2006)
2006-11-1721Reply to Opposition re 7 MOTION for Partial Summary Judgment filed byJoshua A. Gerstein. (gsa, COURT STAFF) (Filed on 11/17/2006) (Entered: 11/22/2006)
2006-11-1722Reply to Opposition re 8 MOTION to Compel filed byJoshua A. Gerstein. (gsa, COURT STAFF) (Filed on 11/17/2006) (Entered: 11/22/2006)
2006-11-2923ORDER by Judge Maxine M. Chesney granting 8 Plaintiff's Motion to Compel Responses to FOIA Requests; Setting Deadline for Production; Denying Without Prejudice Request for Vaughn Index. (mmclc2, COURT STAFF) (Filed on 11/29/2006) (Entered: 11/29/2006)
2006-11-2924ORDER by Judge Maxine M. Chesney granting 7 Plaintiff's Motion for Partial Summary Judgment on Claims Based on Denial of Expedited Processing of FOIA Requests; Setting Deadline for Production; Denying Without Prejudice Request for Vaughn Index. (mmclc2, COURT STAFF) (Filed on 11/29/2006) (Entered: 11/29/2006)
2006-12-2225ORDER extending deadline to respond to FOIA requests from December 29, 2006 to January 5, 2007. Signed by Judge Maxine M. Chesney on 12/22/2006. (mmclc2, COURT STAFF) (Filed on 12/22/2006) (Entered: 12/22/2006)
2006-12-2226MOTION for Extension of Time and [PROPOSED] ORDER filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (aaa, Court Staff) (Filed on 12/22/2006) (Entered: 12/26/2006)
2006-12-2227Declaration of CARLOTTA P. WELLS in Support of 26 MOTION for Extension of Time filed byCentral Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Related document(s) 26 ) (aaa, Court Staff) (Filed on 12/22/2006) (Entered: 12/26/2006)
2006-12-2929RESPONSE to 26 Defendants' MOTION for Extension of Time to File filed byJoshua A. Gerstein. (rcs, COURT STAFF) (Filed on 12/29/2006) (Entered: 01/05/2007)
2006-12-2933MOTION for Additional Extension of Time for the Office of Information and Privacy and [Proposed] Order filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (aaa, Court Staff) (Filed on 12/29/2006) (Entered: 02/06/2007)
2007-01-0428ORDER: Defendants' motion for enlargement of time is granted in part. Signed by Judge Maxine M. Chesney on 1/4/2007. (tl, COURT STAFF) (Filed on 1/4/2007) (Entered: 01/04/2007)
2007-01-0430REPLY to re 29 Response to motion for Enlargement of time by defendants. (ys, COURT STAFF) (Filed on 1/4/2007) (Entered: 01/08/2007)
2007-01-2931Declaration of Carlotta P. Wells in Support of 26 MOTION for Extension of Time filed byCentral Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Related document(s) 26 ) (aaa, Court Staff) (Filed on 1/29/2007) (Entered: 01/30/2007)
2007-02-0132MEMORANDUM in Opposition in Part re 26 MOTION for Extension of Time filed byJoshua A. Gerstein. (Related document(s) 26 ) (aaa, Court Staff) (Filed on 2/1/2007) (Entered: 02/02/2007)
2007-02-0534ORDER by Judge Maxine M. Chesney granting in part 33 Motion for Extension of Time. Upon consideration of the arguments presented by the parties, Defendants' Motion for Enlargement of Time is GRANTED in part. The Office of information and Privacy ("OIP") of Defendant Department of Justice ("DOJ") shall disclose all non-exempt records and portions of records responsive to Plaintiff's Freedom of Information Act requests no later then February 28, 2007. The Court will not consider a further extension of this deadline on the basis of outstanding consultations between OIP and other entities, unless Defendant DOJ submits a declaration from a competent official of each of the other entities, establishing why said consultations cannot be completed by the above deadline. (aaa, Court Staff) (Filed on 2/5/2007) Modified on 2/9/2007 (mmclc2, COURT STAFF). (Entered: 02/06/2007)
2007-02-0535STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE: Upon the stipulation of the parties and good cause appearing, the case management conference for this case is rescheduled to May 18, 2007 at 10:30 a.m. Signed by Judge Maxine M. Chesney on 02/5/07. (aaa, Court Staff) (Filed on 2/5/2007) (Entered: 02/06/2007)
2007-02-05Set Deadlines/Hearings: Case Management Conference rescheduled for 5/18/2007 10:30 AM. Re 35 Stipulation and Order (aaa, Court Staff) (Filed on 2/5/2007) (Entered: 02/06/2007)
2007-02-2836DEFENDANTS' STATUS REPORT PURSUANT TO JANUARY 4, 2007 ORDER by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency (aaa, Court Staff) (Filed on 2/28/2007) (Entered: 03/01/2007)
2007-05-1139ORDER RE ELECTRONIC FILING IN CASES WITH UNREPRESENTED PARTIES: Case designated for electronic filing. Effective immediately all represented parties will e-file their submissions to the court. Represented parties will be required to serve paper copies by mail on unrepresented parties. Unrepresented litigants will continue to file and serve all submissions to the court in paper form unless prior leave is obtained from the assigned judge. Signed by Chief Judge Vaughn Walker dated 5/11/07. Copy mailed to counsel of record. (aaa, Court Staff) (Filed on 5/11/2007) (Entered: 05/17/2007)
2007-05-1437STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE: For good cause appearing and pursuant to stipulation, the scheduled case management conference in this matter is continued. Case Management Conference Continued for 6/1/2007 10:30 AM. Signed by Judge Maxine M. Chesney on 5/14/07. (aaa, Court Staff) (Filed on 5/14/2007) (Entered: 05/15/2007)
2007-05-1438Third Declaration of JOSHUA A. GERSTEIN filed byJoshua A. Gerstein. (aaa, Court Staff) (Filed on 5/14/2007) (Entered: 05/15/2007)
2007-05-2540JOINT CASE MANAGEMENT STATEMENT (Supplemental) filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 5/25/2007) (Entered: 05/25/2007)
2007-06-0141Minute Entry: Continued Case Management Conference (held) on 6/1/2007 before Maxine M. Chesney (Date Filed: 6/1/2007). Deadline for defendant to file Motion for Summary Judgment Re: Searches & FOIA is 07/23/07; Plaintiff's Opposition/X-Motion Due by 08/27/07; Defendant's Opposition/Reply Due by 09/17/07; Plaintiff's Reply Due by 10/01/07. Joint Case Management Statement due by 2/1/2008. Continued Case Management Conference Continued for 2/8/2008 10:30 AM. Plaintiff's Status Report Re: FBI Responses Due by 06/11/07. Joint Status Report Due by 07/16/07(Court Reporter None.) (aaa, Court Staff) (Date Filed: 6/1/2007) (Entered: 06/05/2007)
2007-06-1142STATUS REPORT Pursuant to June 1, 2007 Case Management Order by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 6/11/2007) (Entered: 06/11/2007)
2007-07-0243MOTION to Shorten Time FOR BRIEFING AND HEARING OF MOTION FOR FURTHER STATUS REPORT, AND TO MODIFY CASE MANAGEMENT ORDER filed by Joshua A. Gerstein. (aaa, Court Staff) (Filed on 7/2/2007) (Entered: 07/03/2007)
2007-07-0244MOTION TO REQUIRE FURTHER STATUS REPORT FROM DEFENDANT FBI filed by Joshua A. Gerstein. (aaa, Court Staff) (Filed on 7/2/2007) (Entered: 07/03/2007)
2007-07-0245FOURTH DECLARATION OF JOSHUA A. GERSTEIN filed byJoshua A. Gerstein. (aaa, Court Staff) (Filed on 7/2/2007) (Entered: 07/03/2007)
2007-07-0546ORDER by Judge Maxine M. Chesney granting 43 Motion to Shorten Time. (mmclc2, COURT STAFF) (Filed on 7/5/2007) Additional attachment(s) added on 7/6/2007 (tdm, COURT STAFF). (Entered: 07/05/2007)
2007-07-1347Memorandum in Opposition re 44 MOTION to Require Further Status Report from Defendant FBI filed byCentral Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 7/13/2007) (Entered: 07/13/2007)
2007-07-2048STIPULATION AND [PROPOSED] ORDER To Extend Briefing Deadlines and To Exceed Page Limitation by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 7/20/2007) Modified on 7/23/2007 (aaa, Court Staff). (Entered: 07/20/2007)
2007-07-2049Reply Memorandum re 44 MOTION TO REQUIRE FURTHER STATUS REPORT FROM DEFENDANT FBI filed byJoshua A. Gerstein. (aaa, Court Staff) (Filed on 7/20/2007) (Entered: 07/23/2007)
2007-07-2350STIPULATION AND ORDER to extend briefing deadlines and to exceed page limitation. Briefing deadlines set by June 1, 2007 minute order are extended by 10 days. The parties will be permitted up to 40 pages for the opening and opposition briefs. Signed by Judge Maxine M. Chesney on 7/23/2007. (mmclc2, COURT STAFF) (Filed on 7/23/2007) (Entered: 07/23/2007)
2007-08-0251MOTION for Summary Judgment Partial filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Attachments: # 1 Exhibit Exh1_cia_koch_dec# 2 Exhibit exh2_cia_dove_dec# 3 Exhibit cia_dove_exhs# 4 Exhibit exh3_dod_kammer_dec# 5 Exhibit Exh4_afosi_bietsch_dec# 6 Exhibit Exh5_ncis_riddle_dec)(Wells, Carlotta) (Filed on 8/2/2007) (Entered: 08/02/2007)
2007-08-0252EXHIBITS re 51 MOTION for Summary Judgment Partial filed byCentral Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Attachments: # 1 Exhibit Exh6_inscom_butterfield_dec# 2 Exhibit Exh7_first_pustay_dec# 3 Exhibit Exh8_second_pustay_dec# 4 Exhibit Exh9_third_pustay_dec# 5 Exhibit Exh10_hoopes_dec# 6 Exhibit Exh10_hoopes_exhs_part1# 7 Exhibit Exh10_hoopes_exhs_part2# 8 Exhibit Exh11_roberts_dec# 9 Exhibit Exh12_gerstein_ltr)(Related document(s) 51 ) (Wells, Carlotta) (Filed on 8/2/2007) (Entered: 08/02/2007)
2007-08-0253EXHIBITS re 51 MOTION for Summary Judgment Partial filed byCentral Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Attachments: # 1 Exhibit Exh 13_holcomb_dec# 2 Exhibit Exh14_bellando_dec# 3 Exhibit Exh15_secondhardy_dec# 4 Exhibit Exh16_thirdhardy_dec# 5 Exhibit Exh17_moffett_dec# 6 Exhibit Exh18_siers_decandexhsa-f# 7 Exhibit Exh18_siers_exhs_part2# 8 Exhibit Exh19_aly_dec# 9 Exhibit Exh20_parker_dec# 10 Exhibit Exh21_lawson_dec)(Related document(s) 51 ) (Wells, Carlotta) (Filed on 8/2/2007) (Entered: 08/02/2007)
2007-08-1454ORDER by Judge Maxine M. Chesney granting 44 plaintiff's motion to require further status report from defendant FBI. (mmclc2, COURT STAFF) (Filed on 8/14/2007) (Entered: 08/14/2007)
2007-08-29Received Document - Stipulation to Enlarge Time for Filing of Plaintiff's Brief by Joshua A. Gerstein. (gsa, COURT STAFF) (Filed on 8/29/2007) (Entered: 08/31/2007)
2007-08-2956Fifth Declaration of Joshua A. Gerstein in Support of Received Document filed byJoshua A. Gerstein. (Related document(s)[]) (gsa, COURT STAFF) (Filed on 8/29/2007) (Entered: 08/31/2007)
2007-08-3057NOTICE of Change of Address by Joshua A. Gerstein (gsa, COURT STAFF) (Filed on 8/30/2007) (Entered: 09/04/2007)
2007-08-3058STIPULATION AND ORDER re Received Document filed by Joshua A. Gerstein. Signed by Judge Maxine M. Chesney on 8/30/2007. (gsa, COURT STAFF) (Filed on 8/30/2007) (Entered: 09/05/2007)
2007-08-3155STATUS REPORT and Notice of Filing Pursuant to the Court's August 14, 2007 Order by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 8/31/2007) (Entered: 08/31/2007)
2007-09-0759STATUS REPORT (Supplemental) and Notice of Filing Pursuant to Court's August 14, 2007 Order by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 9/7/2007) (Entered: 09/07/2007)
2007-09-2860MEMORANDUM OF POINTS AND AUTHORITIES in Opposition, IN PART re 51 MOTION for Partial Summary Judgment on Scope-of-Search and Non-Individual Case File Documents filed byJoshua A. Gerstein. (Related document(s) 51 ) (aaa, Court Staff) (Filed on 9/28/2007) (Entered: 10/01/2007)
2007-10-0161PLAINTIFF'S CROSS-MOTION for Partial Summary Judgment AGAINST DEFENDANT DEPARTMENT OF JUSTICE filed by Joshua A. Gerstein. (aaa, Court Staff) (Filed on 10/1/2007) (Entered: 10/02/2007)
2007-10-0162PLAINTIFF'S MOTION for More Definite Statement FROM DEFENDANT NSA REGARDING SCOPE OF SEARCH filed by Joshua A. Gerstein. (aaa, Court Staff) (Filed on 10/1/2007) (Entered: 10/02/2007)
2007-10-0163PLAINTIFF'S MOTION FOR IN CAMERA REVIEW AND LIMITED DISCOVERY filed by Joshua A. Gerstein. (aaa, Court Staff) (Filed on 10/1/2007) (Entered: 10/02/2007)
2007-10-0164SIXTH DECLARATION OF JOSHUA A. GERSTEIN filed byJoshua A. Gerstein. (aaa, Court Staff) (Filed on 10/1/2007) (Entered: 10/02/2007)
2007-10-1665STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING DEADLINES filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. Motion Hearing set for 11/30/2007 09:00 AM. (Wells, Carlotta) (Filed on 10/16/2007) Modified on 10/17/2007 (aaa, Court Staff). (Entered: 10/16/2007)
2007-10-16Docket Number 65 Motion for extension of time was erroneously posted the true attachment is a Stipulation and [Proposed] Order. The civil docket text has been corrected to reflect the true attachment and the erroneous posted motion has been terminated. (aaa, Court Staff) (Filed on 10/16/2007) (Entered: 10/17/2007)
2007-10-2266STIPULATION TO EXTEND BRIEFING DEADLINES; ORDER. Upon consideration of the parties' stipulation, the briefing deadlines are extended by one week, to reflect the following deadlines: October 26, 2007 for defendants' Reply in Support of its Motion for Partial Summary Judgment and to respond to plaintiff's motions filed with the court on September 22, 2007; and November 9, 2007 for plaintiff's Reply in Support of Cross Motion for Partial Summary Judgment and in support of his other pending motions. It is further ORDERED that the hearing on the pending motions for summary judgment is continued from November 30, 2007 to December 7, 2007. Signed by Judge Maxine M. Chesney on October 22, 2007. (mmclc2, COURT STAFF) (Filed on 10/22/2007) (Entered: 10/22/2007)
2007-10-22Set/Reset Deadlines as to 51 MOTION for Summary Judgment Partial . Motion Hearing Continued for 12/7/2007 09:00 AM. Re 66 Stipulation & Order (aaa, Court Staff) (Filed on 10/22/2007) (Entered: 10/23/2007)
2007-10-2667Reply to Opposition re 51 MOTION for Summary Judgment Partial filed byCentral Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 10/26/2007) (Entered: 10/26/2007)
2007-10-2668Memorandum in Opposition to Plaintiff's 61 Cross-Motion for Partial Summary Judgment filed byCentral Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 10/26/2007) Modified on 10/29/2007 (aaa, Court Staff). (Entered: 10/26/2007)
2007-10-2669Memorandum in Opposition to Plaintiff's 62 Motion for More Definite Statement from NSA Regarding Scope of Search filed byCentral Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 10/26/2007) Modified on 10/29/2007 (aaa, Court Staff). (Entered: 10/26/2007)
2007-10-2670Memorandum in Opposition to Plaintiff's 63 Motion for In Camera Review and Discovery filed byCentral Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 10/26/2007) Modified on 10/29/2007 (aaa, Court Staff). (Entered: 10/26/2007)
2007-11-0971REPLY AND MOTION for Leave to WITHDRAW IN PART 61 CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANT DEPARTMENT OF JUSTICE filed by Joshua A. Gerstein. Motion Hearing set for 12/7/2007 09:00 AM. (aaa, Court Staff) (Filed on 11/9/2007) (Entered: 11/13/2007)
2007-11-0972MOTION for Leave to File SUR-REPLY IN RESPONSE TO DEFENDANTS' 67 REPLY ON MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Joshua A. Gerstein. Motion Hearing set for 12/7/2007 09:00 AM. (aaa, Court Staff) (Filed on 11/9/2007) (Entered: 11/13/2007)
2007-11-0973Reply Memorandum in Support re 62 MOTION for More Definite Statement from Defendant National Security Agency Regarding Scope of Search filed byJoshua A. Gerstein. (aaa, Court Staff) (Filed on 11/9/2007) (Entered: 11/13/2007)
2007-11-0974Reply Memorandum in Support re 63 MOTION for In Camera Review and Limited Discovery filed byJoshua A. Gerstein. (aaa, Court Staff) (Filed on 11/9/2007) (Entered: 11/13/2007)
2007-11-0975Sur-Reply re 51 MOTION for Summary Judgment Partial filed byJoshua A. Gerstein. (aaa, Court Staff) (Filed on 11/9/2007) (Entered: 11/13/2007)
2007-11-0976SEVENTH DECLARATION of JOSHUA A. GERSTEIN filed byJoshua A. Gerstein. (aaa, Court Staff) (Filed on 11/9/2007) (Entered: 11/13/2007)
2007-11-0981ADMINISTRATIVE MOTION to Seal INFORMATION DESIGNATED AS CONFIDENTIAL BY ANOTHER PARTY filed by Joshua A. Gerstein. Re 80 Order. FILED UNDER SEAL (aaa, Court Staff) (Filed on 11/9/2007) (Entered: 12/06/2007)
2007-11-0982EIGHT DECLARATION OF JOSHUA A. GERSTEIN filed byJoshua A. Gerstein. Re 80 Order. FILED UNDER SEAL (aaa, Court Staff) (Filed on 11/9/2007) (Entered: 12/06/2007)
2007-11-2177ORDER GRANTING 72 PLAINTIFF'S MOTION FOR LEAVE TO SUBMIT SUR-REPLY; CONTINUING HEARING. The hearing on the parties' respective motions for summary judgment previously set for December 7, 2007 is continued to January 4, 2008. Signed by Judge Maxine M. Chesney on November 21, 2007. (mmclc2, COURT STAFF) (Filed on 11/21/2007) (Entered: 11/21/2007)
2007-11-2178ORDER AFFORDING DEFENDANT LEAVE TO FILE DECLARATION. The Court will defer ruling on plaintiff's administrative motion to seal to afford defendant NSA the opportunity to file, no later than November 30, 2007, a declaration indicating whether the subject information should be filed under seal. Signed by Judge Maxine M. Chesney on November 21, 2007. (mmclc2, COURT STAFF) (Filed on 11/21/2007) (Entered: 11/21/2007)
2007-11-21Set/Reset Deadlines as to 51 MOTION for Summary Judgment Partial , 71 MOTION for Leave to File, 61 MOTION for Partial Summary Judgment. Motion Hearing set for 1/4/2008 09:00 AM. Re 77 Order (aaa, Court Staff) (Filed on 11/21/2007) (Entered: 12/03/2007)
2007-11-3079Declaration of Joe Brand in Support of 78 Order, Notice of Filing Pursuant to Court's 11/21/07 Order filed byCentral Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Related document(s) 78 ) (Wells, Carlotta) (Filed on 11/30/2007) (Entered: 11/30/2007)
2007-12-0480ORDER by Judge Maxine M. Chesney granting plaintiff's Administrative Motion to Seal. (mmclc2, COURT STAFF) (Filed on 12/4/2007) (Entered: 12/04/2007)
2007-12-0484NINTH DECLARATION OF JOSHUA A. GERSTEIN filed byJoshua A. Gerstein. (aaa, Court Staff) (Filed on 12/4/2007) (Entered: 12/06/2007)
2007-12-0485CERTIFICATE OF SERVICE re Motions filed November 9, 2007 by Joshua A. Gerstein (aaa, Court Staff) (Filed on 12/4/2007) (Entered: 12/06/2007)
2007-12-0583STIPULATION AND ORDER re 63 MOTION filed by Joshua A. Gerstein, 61 MOTION for Partial Summary Judgment filed by Joshua A. Gerstein, 51 MOTION for Summary Judgment Partial filed by National Reconnaissance Office, Department of Defense, Department of State, Central Intelligence Agency, Department of Justice, Federal Bureau of Investigation, National Security Agency, 62 MOTION for More Definite Statement filed by Joshua A. Gerstein Motion Hearing re-set for 1/11/2008 09:00 AM in Courtroom 7, 19th Floor, San Francisco.. Signed by Judge Maxine M. Chesney on 12/5/2007. (tl, COURT STAFF) (Filed on 12/5/2007) (Entered: 12/06/2007)
2008-01-1586ORDER OF REFERENCE. Defendant's Motion for Partial Summary Judgment, plaintiff's Cross-Motion for Partial Summary Judgment Against Defendant Department of Justice, plaintiff's Motion for More Definite Statement from Defendant NSA Regarding Scope of Search, and plaintiff's Motion for In Camera Review and Limited Discovery are referred to the Honorable Wm. Fremming Nielsen, Senior Judge, United States District Court for the Eastern District of Washington, sitting by designation in the Northern District of California, to be heard and considered at the convenience of his calendar. The parties will be advised of the date, time and place of the hearing on said motions by notice from Judge Nielsen's chambers. Signed by Judge Maxine M. Chesney on January 15, 2008. (mmclc1, COURT STAFF) (Filed on 1/15/2008) (Entered: 01/15/2008)
2008-01-1787ORDER. Plaintiff's Cross-Motion for Partial Summary Judgment, Plaintiff's Motion for More Definite Statement from Defendant NSA Regarding Scope of Search, Plaintiff's Motion for In Camera Review and Limited Discovery, and Defendants' Motion for Partial Summary Judgment shall be noted for telephonic hearing on February 19, 2008 at 1:30 p.m. Signed by Judge Wm. Fremming Nielsen on January 17, 2008. (mmclc1, COURT STAFF) (Filed on 1/17/2008) (Entered: 01/17/2008)
2008-01-2888ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference scheduled to be conducted February 1, 2008 before the undersigned is continued to April 18, 2008. A Joint Case Management Statement shall be filed no later than April 11, 2008. Signed by Judge Maxine M. Chesney on January 28, 2008. (mmclc2, COURT STAFF) (Filed on 1/28/2008) (Entered: 01/28/2008)
2008-01-28Set Deadlines/Hearings: Case Management Conference Continued for 4/18/2008 10:30 AM. A Joint Case Management Statement due by 4/11/2008. Re 88 Order (aaa, Court Staff) (Filed on 1/28/2008) (Entered: 01/29/2008)
2008-02-0589CLERK'S NOTICE Re-Scheduling Motion Hearing TIME. Telephonic Motion Hearing on Plaintiff's Cross-Motion for Partial Summary Judgment, Plaintiff's Motion for More Definite Statement, Plaintiff's Motion for In Camera Review and Limited Discovery, and Defendants' Motion for Partial Summary Judgment re-set for 2/19/2008 09:30 AM. before the Honorable Wm. Fremming Nielsen. (tl, COURT STAFF) (Filed on 2/5/2008) (Entered: 02/05/2008)
2008-02-0790ORDER WITHDRAWING REFERENCE; SETTING HEARING. The reference to Judge Nielsen is withdrawn. Defendant's Motion for Partial Summary Judgment, plaintiff's Cross-Motion for Partial Summary Judgment Against Defendant Department of Justice, plaintiff's Motion for More Definite Statement from Defendant NSA Regarding Scope of Search, and plaintiff's Motion for In Camera Review and Limited Discovery are set for hearing on April 4, 2008 at 9:00 a.m. Signed by Judge Maxine M. Chesney on February 7, 2008. (mmclc2, COURT STAFF) (Filed on 2/7/2008) (Entered: 02/07/2008)
2008-02-07Set/Reset Deadlines as to 63 MOTION. Motion Hearing set for 4/4/2008 09:00 AM. Re 90 Order (aaa, Court Staff) (Filed on 2/7/2008) (Entered: 02/08/2008)
2008-04-0191NOTICE by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency Pursuant to Court's August 14, 2007 Order (Wells, Carlotta) (Filed on 4/1/2008) (Entered: 04/01/2008)
2008-04-0392ORDER CONTINUING HEARING AND CASE MANAGEMENT CONFERENCE. The April 4, 2008 hearing on the parties' motions is continued to May 9, 2008. The April 18, 2008 Case Management Conference is continued to May 23, 2008. Signed by Judge Maxine M. Chesney on April 3, 2008. (mmclc2, COURT STAFF) (Filed on 4/3/2008) (Entered: 04/03/2008)
2008-04-03Set Deadlines/Hearings:, Continued Deadlines as to 63 MOTION. Case Management Conference Continued for 5/23/2008 10:30 AM. Motion Hearing Continued for 5/9/2008 09:00 AM. A Joint Case Management Statement due by 5/16/2008. Re 92 Order (aaa, Court Staff) (Filed on 4/3/2008) (Entered: 04/04/2008)
2008-04-1593MOTION AND [PROPOSED] ORDER Align Filing of Case Management Reports (Unopposed) filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 4/15/2008) Modified on 4/16/2008 (aaa, Court Staff). (Entered: 04/15/2008)
2008-04-1694ORDER granting 93 Motion to Align Filing of Case Management Reports. The parties' joint case management report shall be filed on or before May 13, 2008. Signed by Judge Maxine M. Chesney on April 16, 2008. (mmclc2, COURT STAFF) (Filed on 4/16/2008) (Entered: 04/16/2008)
2008-04-16Set Deadlines/Hearings: The Parties' Joint Case Management Report due by 5/13/2008. Re 94 Order (aaa, Court Staff) (Filed on 4/16/2008) (Entered: 04/17/2008)
2008-04-2895STIPULATION Continuing Motion Hearing and Case Management Conference by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 4/28/2008) (Entered: 04/28/2008)
2008-04-2896STIPULATION AND ORDER CONTINUING MOTION HEARING AND CASE MANAGEMENT CONFERENCE. The motion hearing is continued to May 30, 2008 and the Case Management Conference is continued to June 20, 2008. Signed by Judge Maxine M. Chesney on April 28, 2008. (mmclc2, COURT STAFF) (Filed on 4/28/2008) (Entered: 04/28/2008)
2008-04-28Set Deadlines/Hearings:, Set/Reset Deadlines as to 63 MOTION. A Joint Case Management Statement due by 6/13/2008. Case Management Conference Continued for 6/20/2008 10:30 AM. Motion Hearing Continued for 5/30/2008 09:00 AM. Re 96 Stipulation and Order (aaa, Court Staff) (Filed on 4/28/2008) (Entered: 04/29/2008)
2008-05-2897ORDER VACATING MAY 30, 2008 HEARING. Signed by Judge Maxine M. Chesney on May 28, 2008. (mmclc2, COURT STAFF) (Filed on 5/28/2008) (Entered: 05/28/2008)
2008-06-1798STIPULATION AND ORDER: Case Management Conference Statement shall be due two weeks after the Court rules on the pending motions for partial summary judgment. The further case management conference set for June 20, 2008 is continued to the Court's first regular Friday 10:30 a.m. session at least three weeks after said rulings are entered. Signed by Judge Maxine M. Chesney on 6/17/2008. (tl, COURT STAFF) (Filed on 6/17/2008) (Entered: 06/17/2008)
2008-09-2699ORDER GRANTING IN PART AND DENYING IN PART 51 DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT; DENYING 61 PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT; DENYING 62 PLAINTIFF'S MOTION FOR MORE DEFINITE STATEMENT; DENYING 63 WITHOUT PREJUDICE PLAINTIFF'S MOTION FOR IN CAMERA REVIEW AND LIMITED DISCOVERY. Signed by Judge Maxine M. Chesney on September 26, 2008. (mmcsec, COURT STAFF) (Filed on 9/26/2008) (Entered: 09/26/2008)
2008-09-30100CLERK'S NOTICE Further Case Management Conference set for 10/17/2008 10:30 AM. Case Management Statement due by 10/10/2008. (tl, COURT STAFF) (Filed on 9/30/2008) (Entered: 09/30/2008)
2008-10-10101STIPULATION and [Proposed] Order Dismissing Certain Pending Claims by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 10/10/2008) (Entered: 10/10/2008)
2008-10-10102ORDER DISMISSING CERTAIN PENDING CLAIMS; ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued to March 6, 2009. Signed by Judge Maxine M. Chesney on October 10, 2008. (mmclc2, COURT STAFF) (Filed on 10/10/2008) (Entered: 10/10/2008)
2008-10-10Set Deadlines/Hearings: Case Management Conference Continued for 3/6/2009 10:30 AM. Re 102 Order (aaa, Court Staff) (Filed on 10/10/2008) (Entered: 10/15/2008)
2008-11-17103STIPULATION AND [PROPOSED] ORDER to Extend Defendants' Briefing Deadline for Renewed Motion for Summary Judgment by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 11/17/2008) Modified on 11/18/2008 (aaa, Court Staff). (Entered: 11/17/2008)
2008-11-18104STIPULATION AND ORDER TO EXTEND DEFENDANTS' BRIEFING DEADLINE FOR RENEWED MOTION FOR SUMMARY JUDGMENT. Defendants' renewed motion for summary judgment is due no later than December 5, 2008. Signed by Judge Maxine M. Chesney on November 18, 2008. (mmclc2, COURT STAFF) (Filed on 11/18/2008) (Entered: 11/18/2008)
2008-12-04105STIPULATION to Extend Defendants' Briefing Deadline for Renewed Motion for Summary Judgment by Central Intelligence Agency, Department of Justice. (Wells, Carlotta) (Filed on 12/4/2008) (Entered: 12/04/2008)
2008-12-05106STIPULATION AND ORDER TO EXTEND DEFENDANTS' BRIEFING DEADLINE FOR RENEWED MOTION FOR SUMMARY JUDGMENT. Defendants' renewed motion for summary judgment is due no later than January 5, 2009. Signed by Judge Maxine M. Chesney on December 5, 2008. (mmclc2, COURT STAFF) (Filed on 12/5/2008) (Entered: 12/05/2008)
2009-01-05107MOTION for Summary Judgment (Renewed) filed by Central Intelligence Agency, Department of Justice. (Attachments: # 1 Exhibit Exhibit 1--CIA Declaration, # 2 Exhibit Exhibit 2--OPR Declaration and Exhs. A-F, # 3 Exhibit OPR Exhibit G)(Wells, Carlotta) (Filed on 1/5/2009) (Entered: 01/05/2009)
2009-01-06108ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANTS' RENEWED MOTION FOR SUMMARY JUDGMENT. Plaintiff's opposition shall be filed no later than February 6, 2009. Defendants' reply shall be filed no later than February 20, 2009. The hearing on the motion shall be on March 20, 2009. Signed by Judge Maxine M. Chesney on January 6, 2009. (mmclc2, COURT STAFF) (Filed on 1/6/2009) (Entered: 01/06/2009)
2009-01-06Set/Reset Deadlines as to 107 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) . Motion Hearing set for 3/20/2009 09:00 AM. Re 108 Order (aaa, Court Staff) (Filed on 1/6/2009) (Entered: 01/07/2009)
2009-02-06109NOTICE of Change of Address by Joshua A. Gerstein (aaa, Court Staff) (Filed on 2/6/2009) (Entered: 02/09/2009)
2009-02-06110PLAINTIFF'S CROSS-MOTION for Partial Summary Judgment AGAINST DEFENDANT DEPARTMENT OF JUSTICE AND PLAINTIFF'S OPPOSITION, IN PART, TO DEFENDANTS' 107 RENEWED MOTION FOR SUMMARY JUDGMENT filed by Joshua A. Gerstein. Motion Hearing set for 3/20/2009 09:00 AM. (aaa, Court Staff) (Filed on 2/6/2009) (Entered: 02/09/2009)
2009-02-06111PLAINTIFF'S MOTION TO MODIFY STIPULATION AND 102 ORDER DISMISSING CERTAIN PENDING CLAIMS filed by Joshua A. Gerstein. Motion Hearing set for 3/20/2009 09:00 AM. (aaa, Court Staff) (Filed on 2/6/2009) (Entered: 02/09/2009)
2009-02-06112PLAINTIFF'S MOTION for Partial Summary Judgment AGAINST DEFENDANT CENTRAL INTELLIGENCE AGENCY filed by Joshua A. Gerstein. Motion Hearing set for 3/20/2009 09:00 AM. (aaa, Court Staff) (Filed on 2/6/2009) (Entered: 02/09/2009)
2009-02-09113TENTH DECLARATION OF JOSHUA A. GERSTEIN filed byJoshua A. Gerstein. (aaa, Court Staff) (Filed on 2/9/2009) (Entered: 02/10/2009)
2009-02-19114Consent MOTION for Extension of Time to File Response/Reply as to 111 MOTION, 112 MOTION for Partial Summary Judgment, 110 MOTION for Partial Summary Judgment (Stipulation to Extend Briefing Deadlines) filed by Central Intelligence Agency, Department of Justice. (Wells, Carlotta) (Filed on 2/19/2009) (Entered: 02/19/2009)
2009-02-20115ORDER ON STIPULATION TO EXTEND DEFENDANTS' BRIEFING DEADLINE FOR FILING REPLY IN SUPPORT OF RENEWED MOTION FOR SUMMARY JUDGMENT. Defendants' reply shall be filed no later than February 27, 2009. Signed by Judge Maxine M. Chesney on February 20, 2009. (mmclc2, COURT STAFF) (Filed on 2/20/2009) (Entered: 02/20/2009)
2009-02-27116Reply to Opposition re 107 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) filed byCentral Intelligence Agency, Department of Justice. (Wells, Carlotta) (Filed on 2/27/2009) (Entered: 02/27/2009)
2009-02-27117Memorandum in Opposition re 111 MOTION to Modify Stipulation and Order Dismissing Certain Claims filed byCentral Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 2/27/2009) (Entered: 02/27/2009)
2009-02-27118Memorandum in Opposition re 112 MOTION for Partial Summary Judgment Against Defendant Central Intelligence Agency filed byCentral Intelligence Agency. (Wells, Carlotta) (Filed on 2/27/2009) (Entered: 02/27/2009)
2009-03-03119ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference scheduled for March 6, 2009 is continued to May 22, 2009. Signed by Judge Maxine M. Chesney on March 3, 2009. (mmclc2, COURT STAFF) (Filed on 3/3/2009) (Entered: 03/03/2009)
2009-03-03Set Deadlines/Hearings: A Joint Case Management Statement due by 5/15/2009. Case Management Conference Continued for 5/22/2009 10:30 AM. Re 119 Order (aaa, Court Staff) (Filed on 3/3/2009) (Entered: 03/05/2009)
2009-03-06120Reply Memorandum in Support re 110 CROSS MOTION for Partial Summary Judgment filed byJoshua A. Gerstein. (aaa, Court Staff) (Filed on 3/6/2009) (Entered: 03/10/2009)
2009-03-06121Reply Memorandum in Support re 112 MOTION for Partial Summary Judgment filed byJoshua A. Gerstein. (aaa, Court Staff) (Filed on 3/6/2009) (Entered: 03/10/2009)
2009-03-17122ORDER VACATING MARCH 20, 2009 HEARINGS. Signed by Judge Maxine M. Chesney on March 17, 2009. (mmclc2, COURT STAFF) (Filed on 3/17/2009) (Entered: 03/17/2009)
2009-05-18123ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued to August 7, 2009. Signed by Judge Maxine M. Chesney on May 18, 2009. (mmclc2, COURT STAFF) (Filed on 5/18/2009) (Entered: 05/18/2009)
2009-05-18Set Deadlines/Hearings: A Joint Case Management Statement due by 7/31/2009. Case Management Conference Continued for 8/7/2009 10:30 AM. Re 123 Order (aaa, COURT STAFF) (Filed on 5/18/2009) (Entered: 05/19/2009)
2009-07-29124STIPULATION to Extend Deadline for Filing Case Management Report and to Continue Case Management Conference by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 7/29/2009) (Entered: 07/29/2009)
2009-07-30125ORDER TO EXTEND DEADLINE FOR FILING CASE MANAGEMENT REPORT AND TO CONTINUE CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued to October 16, 2009. Signed by Judge Maxine M. Chesney on July 30, 2009. (mmclc2, COURT STAFF) (Filed on 7/30/2009) (Additional attachment(s) added on 7/30/2009: # 1 Certificate of Service) (rbe, COURT STAFF). (Entered: 07/30/2009)
2009-07-30Set Deadlines/Hearings: Case Management Statement due by 10/9/2009. Case Management Conference Continued for 10/16/2009 10:30 AM. Re 125 Order (aaa, COURT STAFF) (Filed on 7/30/2009) (Entered: 07/31/2009)
2009-10-09126Joint MOTION/STIPULATION AND [PROPOSED] ORDER for Extension of Time to File Case Management Report and to Continue Case Management Conference filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 10/9/2009) Modified on 10/13/2009 (aaa, COURT STAFF). (Entered: 10/09/2009)
2009-10-14127ORDER GRANTING STIPULATED MOTION 126 ; VACATING OCTOBER 16, 2009 CASE MANAGEMENT CONFERENCE. The case management conference shall be rescheduled by the Court, as necessary, following the Court's ruling on the pending motions. A joint case management conference statement shall be due one week before the next scheduled conference. Signed by Judge Maxine M. Chesney on October 14, 2009. (mmclc2, COURT STAFF) (Filed on 10/14/2009) (Entered: 10/14/2009)
2010-02-23128ORDER GRANTING IN PART AND DENYING WITHOUT PREJUDICE IN PART 107 DEFENDANTS' RENEWED MOTION FOR PARTIAL SUMMARY JUDGMENT; DENYING 110 , 112 PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT; DENYING 111 PLAINTIFF'S MOTION TO MODIFY STIPULATION AND ORDER DISMISSING CERTAIN PENDING CLAIMS. Signed by Judge Maxine M. Chesney on February 23, 2010. (mmcsec, COURT STAFF) (Filed on 2/23/2010) (Entered: 02/23/2010)
2010-03-11129NOTICE of Change of Address by Joshua A. Gerstein (aaa, COURT STAFF) (Filed on 3/11/2010) (Entered: 03/12/2010)
2010-03-26130STIPULATION to Extend Defendants' Briefing Deadline for Filing Renewed Motion for Summary Judgment by Department of Justice. (Wells, Carlotta) (Filed on 3/26/2010) (Entered: 03/26/2010)
2010-03-26131ORDER GRANTING STIPULATION TO EXTEND DEFENDANTS' BRIEFING DEADLINE FOR FILING RENEWED MOTION FOR SUMMARY JUDGMENT. Extending deadline to April 23, 2010. Signed by Judge Maxine M. Chesney on March 26, 2010. (mmclc2, COURT STAFF) (Filed on 3/26/2010) (Entered: 03/26/2010)
2010-04-22132Second MOTION AND [PROPOSED] ORDER for Extension of Time to File Renewed Motion for Summary Judgment (Stipulated) filed by Department of Justice. (Wells, Carlotta) (Filed on 4/22/2010) Modified on 4/23/2010 (aaa, COURT STAFF). (Entered: 04/22/2010)
2010-04-22133ORDER GRANTING SECOND STIPULATION TO EXTEND DEFENDANTS' BRIEFING DEADLINE FOR FILING RENEWED MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM IN SUPPORT THEREOF. Deadline extended to May 7, 2010. Signed by Judge Maxine M. Chesney on April 22, 2010. (mmclc2, COURT STAFF) (Filed on 4/22/2010) (Entered: 04/22/2010)
2010-05-07134STIPULATION AND [PROPOSED] ORDER (Third) to Extend Defendants' Briefing Deadline for Filing Renewed Motion for Summary Judgment and Memorandum in Support Thereof by Department of Justice. (Wells, Carlotta) (Filed on 5/7/2010) Modified on 5/10/2010 (aaa, COURT STAFF). (Entered: 05/07/2010)
2010-05-07135THIRD STIPULATION AND ORDER TO EXTEND DEFENDANTS' BRIEFING DEADLINE FOR FILING RENEWED MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM IN SUPPORT THEREOF. Deadline extended to May 21, 2010. Signed by Judge Maxine M. Chesney on May 7, 2010. (mmclc2, COURT STAFF) (Filed on 5/7/2010) (Entered: 05/07/2010)
2010-05-21136MOTION for Summary Judgment (Second Renewed) filed by Department of Justice. (Attachments: # 1 Memorandum, # 2 Exhibit 1, # 3 Proposed Order)(Wells, Carlotta) (Filed on 5/21/2010) (Entered: 05/21/2010)
2010-05-26137NOTICE by Department of Justice re 136 MOTION for Summary Judgment (Second Renewed) Notice of Motion (Wells, Carlotta) (Filed on 5/26/2010) (Entered: 05/26/2010)
2010-05-26Set/Reset Deadlines as to 136 MOTION for Summary Judgment (Second Renewed) . Motion Hearing Re Noticed for 7/9/2010 09:00 AM. Re 137 Notice (aaa, COURT STAFF) (Filed on 5/26/2010) (Entered: 05/27/2010)
2010-06-18138RENEWED CROSS MOTION for Partial Summary Judgment AGAINST DEFENDANT DEPARTMENT OF JUSTICE AND OPPOSITION TO DEFENDANTS' SECOND RENEWED 136 MOTION FOR SUMMARY JUDGMENT filed by Joshua A. Gerstein. Motion Hearing set for 7/30/2010 09:00 AM. (aaa, COURT STAFF) (Filed on 6/18/2010) (Entered: 06/21/2010)
2010-06-18139ELEVENTH Declaration of JOSHUA A. GERSTEIN filed byJoshua A. Gerstein. (aaa, COURT STAFF) (Filed on 6/18/2010) (Entered: 06/21/2010)
2010-06-25140Reply Memorandum re 136 MOTION for Summary Judgment (Second Renewed) and in Opposition to Plaintiff's Renewed Cross Motion for Summary Judgment filed byDepartment of Justice. (Wells, Carlotta) (Filed on 6/25/2010) (Entered: 06/25/2010)
2010-07-07141STIPULATION AND [PROPOSED] ORDER to Consolidate Motion Hearing Dates for July 30, 2010 by Department of Justice. (Wells, Carlotta) (Filed on 7/7/2010) Modified on 7/8/2010 (aaa, COURT STAFF). (Entered: 07/07/2010)
2010-07-08142ORDER TO CONSOLIDATE MOTION HEARING DATES TO JULY 30, 2010. The parties' stipulation to consolidate the hearing dates for the cross-motions for summary judgment pending before the Court to July 30, 2010 is granted, and the July 9, 2010 hearing date is vacated. Signed by Judge Charles R. Breyer for Maxine M. Chesney on July 8, 2010. (mmclc2, COURT STAFF) (Filed on 7/8/2010) Modified on 7/8/2010. (Entered: 07/08/2010)
2010-07-08Set/Reset Deadlines as to 138 MOTION for Partial Summary Judgment, 136 MOTION for Summary Judgment (Second Renewed) . Motion Hearing Consolidated for 7/30/2010 09:00 AM. Re 142 Order (aaa, COURT STAFF) (Filed on 7/8/2010) (Entered: 07/09/2010)
2010-07-26143CLERKS NOTICE Continuing Motion Hearing: Motion Hearing of 7/30/2010 is re-set for 8/27/2010 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (tl, COURT STAFF) (Filed on 7/26/2010) (Entered: 07/26/2010)
2010-08-11144STIPULATION AND [PROPOSED] ORDER to continue motion hearing set for August 27 2010 by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, Joshua A. Gerstein, National Reconnaissance Office, National Security Agency. (Wells, Carlotta) (Filed on 8/11/2010) Modified on 8/12/2010 (aaa, COURT STAFF). (Entered: 08/11/2010)
2010-08-11145ORDER GRANTING PARTIES' STIPULATION TO CONTINUE HEARING. The parties' stipulation to continue the scheduled hearing on the parties' cross-motions for summary judgment from August 27, 2010 to October 8, is granted. Signed by Judge Maxine M. Chesney on August 11, 2010. (mmclc2, COURT STAFF) (Filed on 8/11/2010) (Entered: 08/11/2010)
2010-08-11Set/Reset Deadlines as to 138 MOTION for Partial Summary Judgment. Motion Hearing Continued for 10/8/2010 09:00 AM. Re 145 Order (aaa, COURT STAFF) (Filed on 8/11/2010) (Entered: 08/12/2010)
2010-09-17146ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S SECOND RENEWED MOTION FOR PARTIAL SUMMARY JUDGMENT; DENYING PLAINTIFF'S RENEWED MOTION FOR PARTIAL SUMMARY JUDGMENT; VACATING HEARING. Signed by Judge Maxine M. Chesney on September 17, 2010. (mmclc2, COURT STAFF) (Filed on 9/17/2010) (Entered: 09/17/2010)
2010-09-17***Deadlines terminated. 146 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment. (aaa, COURT STAFF) (Filed on 9/17/2010) (Entered: 09/20/2010)
2010-10-22147STIPULATION to Extend Defendants' Briefing Deadline for Filing Renewed Motion for Summary Judgment by Department of Justice. (Wells, Carlotta) (Filed on 10/22/2010) (Entered: 10/22/2010)
2010-10-25148ORDER ON STIPULATION TO EXTEND DEFENDANTS' BRIEFING DEADLINE FOR FILING RENEWED MOTION FOR SUMMARY JUDGMENT. Defendants' renewed motion for summary judgment is due no later than October 22, 2010. Signed by Judge Maxine M. Chesney on 10/25/10. (mmclc2, COURT STAFF) (Filed on 10/25/2010) (Entered: 10/25/2010)
2010-10-29149Third MOTION for Summary Judgment (Renewed) filed by Department of Justice. Motion Hearing set for 12/10/2010 09:00 AM in Courtroom 7, 19th Floor, San Francisco. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Wells, Carlotta) (Filed on 10/29/2010) (Entered: 10/29/2010)
2010-11-12150SECOND RENEWED CROSS-MOTION for Partial Summary Judgment AGAINST DEFENDANT DEPARTMENT OF JUSTICE AND OPPOSITION TO DEFENDANTS' 149 THIRD RENEWED MOTION FOR SUMMARY JUDGMENT filed by Joshua A. Gerstein. Motion Hearing set for 12/24/2010 09:00 AM. (aaa, COURT STAFF) (Filed on 11/12/2010) E-Filed as per Chambers (Entered: 11/16/2010)
2010-11-16151ORDER CONTINUING HEARINGS ON PARTIES' MOTIONS FOR SUMMARY JUDGMENT. The Court continues the hearings on defendant's motion and plaintiff's cross-motion to January 14, 2011, at 10:30 a.m. Signed by Judge Maxine M. Chesney on 11/16/2010. (mmclc2, COURT STAFF) (Filed on 11/16/2010) (Entered: 11/16/2010)
2010-11-16Set/Reset Deadlines as to 150 MOTION for Partial Summary Judgment, 149 Third MOTION for Summary Judgment (Renewed) Third MOTION for Summary Judgment (Renewed) . Motion Hearing Continued for 1/14/2011 09:00 AM. Re 151 Order (aaa, COURT STAFF) (Filed on 11/16/2010) (Entered: 11/17/2010)
2010-11-22152CLERKS NOTICE: Correcting hearing time for defendant's motion and plaintiff's cross-motion to 9:00 a.m. on January 14, 2011. (tl, COURT STAFF) (Filed on 11/22/2010) (Entered: 11/22/2010)
2010-11-23153Reply to Opposition re 150 MOTION for Partial Summary Judgment, 149 Third MOTION for Summary Judgment (Renewed) Third MOTION for Summary Judgment (Renewed) filed byDepartment of Justice. (Wells, Carlotta) (Filed on 11/23/2010) (Entered: 11/23/2010)
2011-01-11154ORDER GRANTING DEFENDANTS THIRD RENEWED MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFFS SECOND RENEWED CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT; VACATING HEARING. Order granting 149 Motion for Summary Judgment; denying 150 Motion for Partial Summary Judgment. Signed by Judge Maxine M. Chesney. (mmclc2, COURT STAFF) (Filed on 1/11/2011) (Entered: 01/11/2011)
2011-01-12155CERTIFICATE OF SERVICE re 154 Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment, (be, COURT STAFF) (Filed on 1/12/2011) (Entered: 01/12/2011)
2011-01-21156ORDER DIRECTING PARTIES TO SUBMIT PROPOSED FORM OF JUDGMENT. Signed by Judge Maxine M. Chesney on 1/21/2011. (mmclc2, COURT STAFF) (Filed on 1/21/2011) (Additional attachment(s) added on 1/24/2011: # 1 COS) (sis, COURT STAFF). (Entered: 01/21/2011)
2011-02-04157NOTICE by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, Federal Bureau of Investigation, National Reconnaissance Office, National Security Agency Filing of Proposed Judgment (Joint) (Wells, Carlotta) (Filed on 2/4/2011) (Entered: 02/04/2011)
2011-02-07158JUDGMENT. Judgment is partially awarded to plaintiff regarding the expedited processing of records responsive to his requests by certain defendants;Judgment is ordered in favor of defendants with respect to the responses to plaintiff's FOIA requests. Signed by Judge Maxine M. Chesney on 2/7/2011. (mmclc2, COURT STAFF) (Filed on 2/7/2011) (Entered: 02/07/2011)
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