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Case TitleAmerican Civil Liberties Union et al v. U.S. Department of Justice et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2012cv00794
Date Filed2012-02-01
Date Closed2013-01-24
JudgeJudge Colleen McMahon
PlaintiffAmerican Civil Liberties Union
PlaintiffThe American Civil Liberties Union Foundation
DefendantU.S. Department of Justice including its component the Office of Legal Counsel
DefendantU.S. Department of Defense including its component U.S. Special Operations Command
DefendantCentral Intelligence Agency
AppealSecond Circuit 13-445
AppealSecond Circuit 14-4764
AppealSecond Circuit 15-2956
AppealSecond Circuit 15-3122
Documents
Docket
Complaint
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Date FiledDoc #Docket Text

2012-02-011COMPLAINT against Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Filing Fee $ 350.00, Receipt Number 465401028481)Document filed by The American Civil Liberties Union Foundation, American Civil Liberties Union.(mro) (Entered: 02/01/2012)
2012-02-01SUMMONS ISSUED as to Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice, U.S. Attorney and U.S. Attorney General. (mro) (Entered: 02/01/2012)
2012-02-01CASE REFERRED TO Judge Colleen McMahon as possibly related to 11-cv-9336. (mro) (Entered: 02/01/2012)
2012-02-01Case Designated ECF. (mro) (Entered: 02/01/2012)
2012-02-02CASE ACCEPTED AS RELATED. Create association to 1:11-cv-09336-CM. Notice of Assignment to follow. (pgu) (Entered: 02/02/2012)
2012-02-022NOTICE OF CASE ASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 02/02/2012)
2012-02-02Magistrate Judge James C. Francis IV is so designated. (pgu) (Entered: 02/02/2012)
2012-02-023ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/24/2012 at 11:30 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 2/2/2012) (mro) (Entered: 02/02/2012)
2012-02-034NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice (Normand, Sarah) (Entered: 02/03/2012)
2012-02-0811MOTION for Eric A.O. Ruzicka to Appear Pro Hac Vice. Document filed by The American Civil Liberties Union Foundation.(sjo) (Entered: 02/16/2012)
2012-02-0812MOTION for Colin Wicker to Appear Pro Hac Vice. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(sjo) (Entered: 02/16/2012)
2012-02-0813MOTION for Michael P. Weinbeck to Appear Pro Hac Vice. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(sjo) (Entered: 02/16/2012)
2012-02-095SUMMONS RETURNED EXECUTED. U.S. Department of Justice served on 2/3/2012, answer due 2/24/2012. Service was made by Mail. Document filed by The American Civil Liberties Union Foundation; American Civil Liberties Union. (Colangelo-Bryan, Joshua) (Entered: 02/09/2012)
2012-02-096SUMMONS RETURNED EXECUTED. Central Intelligence Agency served on 2/3/2012, answer due 2/24/2012. Service was made by mail. Document filed by The American Civil Liberties Union Foundation; American Civil Liberties Union. (Colangelo-Bryan, Joshua) (Entered: 02/09/2012)
2012-02-097SUMMONS RETURNED EXECUTED. U.S. Department of Defense served on 2/3/2012, answer due 2/24/2012. Service was made by mail. Document filed by The American Civil Liberties Union Foundation; American Civil Liberties Union. (Colangelo-Bryan, Joshua) (Entered: 02/09/2012)
2012-02-098SUMMONS RETURNED EXECUTED. Service was made by mail. Document filed by The American Civil Liberties Union Foundation, American Civil Liberties Union. (Colangelo-Bryan, Joshua) (Entered: 02/09/2012)
2012-02-099CERTIFICATE OF SERVICE of Summons Returned Executed served on United States Attorney for the Southern District of New York on 2/3/12. Service was made by Mail. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Colangelo-Bryan, Joshua) (Entered: 02/09/2012)
2012-02-1010SUMMONS RETURNED EXECUTED. Service was made by mail. Document filed by The American Civil Liberties Union Foundation, American Civil Liberties Union. (Colangelo-Bryan, Joshua) (Entered: 02/10/2012)
2012-02-16CASHIERS OFFICE REMARK on 13 Motion to Appear Pro Hac Vice, 11 Motion to Appear Pro Hac Vice, 12 Motion to Appear Pro Hac Vice in the amount of $600.00, paid on 02/08/2012, Receipt Number 1029168,1029169,1029170. (jd) (Entered: 02/16/2012)
2012-02-1714ORDER FOR ADMISSION PRO HAC VICE granting 13 Motion for Michael P. Weinbeck to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 2/17/2012) (tro) (Entered: 02/17/2012)
2012-02-1715ORDER FOR ADMISSION PRO HAC VICE granting 12 Motion for Colin Wicker to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 2/17/2012) (tro) (Entered: 02/17/2012)
2012-02-1716ORDER FOR ADMISSION PRO HAC VICE granting 11 Motion for Eric A.O. Ruzicka to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 2/17/2012) (tro) (Entered: 02/17/2012)
2012-02-24Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 2/24/2012. Decision: Initial conference held. A briefing schedule was entered. The Government must move before April 13, 2012; responses to its motion are due May 11, 2012, at which time the opponents are free to cross-move; and the Governments reply and, if appropriate, opposition to the cross-motion is due May 25, 2012. Cross-movants should not file a reply unless instructed to do so by the Court. (Submitted By Scott Danner). (mde) (Entered: 02/24/2012)
2012-03-0517ANSWER to 1 Complaint,. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice.(Normand, Sarah) (Entered: 03/05/2012)
2012-04-0418ENDORSED LETTER addressed to Judge Colleen McMahon from Eric A.O. Ruzicka dated 4/3/2012 re: I am writing pursuant to Rule IV.C of this Court's Individual Practices and Procedures to request a page-limit extension to the ACLU's briefing in this matter. The ACLU respectfully requests that the Court permit it to submit a brief not to exceed 40 pages. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 4/4/2012) (rjm) (Entered: 04/04/2012)
2012-04-0919ENDORSED LETTER addressed to Judge Colleen McMahon from Sarah S Normand dated 4/9/2012 re: Request for a ten day extension of time to file a motion for summary judgment and to file a consolidated brief of up to 40 pages in both cases. ENDORSEMENT: Ok, but dont ask for any more time. If government official can give speeches about this matter without creating security problem, any involved agency can. (Signed by Judge Colleen McMahon on 4/9/2012) (cd) (Entered: 04/09/2012)
2012-04-2020ENDORSED LETTER addressed to Judge Colleen McMahon from Eric A. O. Ruzicka dated 4/19/2012 re: Counsel requests a ten-day extension of Plaintiff ACLU's deadline to file its Response to the Government's Motion for Summary Judgment. ENDORSEMENT: Yes, everything moves back 10 days. (Signed by Judge Colleen McMahon on 4/19/2012) (djc) (Entered: 04/20/2012)
2012-04-2321ENDORSED LETTER addressed to Judge Colleen McMahon from Stuart Delery and Preet Bharara dated 4/23/2012 re: We write respectfully on behalf of the Department of Justice, the Department of Defense and the Central Intelligence Agency (collectively, the "Government") to seek a further extension, until May 21, 2012, of the Government's deadline to file its consolidated motion for summary judgment. ENDORSEMENT: I have read Director Clapper's declaration (which must remain under seal - believe me, I appreciate the irony) and I will grant the extension requested by the government. The time to file its motion is extended to May 21, 2012. (Motions due by 5/21/2012.) (Signed by Judge Colleen McMahon on 4/23/2012) (rjm) (Entered: 04/23/2012)
2012-04-2322ENDORSED LETTER addressed to Judge Colleen McMahon from Stuart Delery and Preet Bharara dated 4/23/12 re: Counsel for the defendant requests a further extension, until 5/21/12, of the Government's deadline to file his consolidated motion for summary judgment. ENDORSEMENT: I have read Director Clepper's declaration (which must remain under seal-believe me, I appreciate the irony) and I will grant the extension requested by the government. The time to file its motion is extended to May 21, 2012. ( Motions due by 5/21/2012.) (Signed by Judge Colleen McMahon on 4/23/2012) (mro) (Entered: 04/24/2012)
2012-05-21Minute Entry for proceedings held before Judge Colleen McMahon: Telephone Conference held on 5/21/2012. Decision: Phone conference held. Defendants must move on or before June 20, 2012. Plaintiffs have four weeks thereafter to file responses.(Submitted By Benjamin T. Alden). (mde) (Entered: 05/21/2012)
2012-06-1923ENDORSED LETTER addressed to Judge Colleen McMahon from Susan S. Normand dated 6/18/12 re: Counsel for the Government seeks leave to file a consolidated brief of up to fifty pages in both cases in support of the Government's motion for summary judgment. ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 6/19/2012) (mro) (Entered: 06/19/2012)
2012-06-2024MOTION for Summary Judgment. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice.(Normand, Sarah) (Entered: 06/20/2012)
2012-06-2025MEMORANDUM OF LAW in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 06/20/2012)
2012-06-2026DECLARATION of Sarah S. Normand in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Normand, Sarah) (Entered: 06/20/2012)
2012-06-2027DECLARATION of John F. Hackett in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 06/20/2012)
2012-06-2028DECLARATION of John Bennett in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Normand, Sarah) (Entered: 06/21/2012)
2012-06-2129DECLARATION of John E. Bies in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Normand, Sarah) (Entered: 06/21/2012)
2012-06-2130DECLARATION of Robert R. Neller in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Normand, Sarah) (Entered: 06/21/2012)
2012-06-2131DECLARATION of Douglas R. Hibbard in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Normand, Sarah) (Entered: 06/21/2012)
2012-06-2132NOTICE of Classified Filing re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 06/21/2012)
2012-07-1833ENDORSED LETTER addressed to Judge Colleen McMahon from Eric A. O. Ruzicka dated 7/17/2012 re: I am writing today to request that the page limit for the American Civil Liberties Union and American Civil Liberties Union Foundation's (collectively, the ACLU) memorandum of law in support of their motion for summary judgment and in opposition to the government's motion for summary judgment be increased by ten pages to a total of fifty pages.ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 7/18/2012) (ama) (Entered: 07/18/2012)
2012-07-1834MOTION for Summary Judgment [PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT] . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Wicker, Colin) (Entered: 07/18/2012)
2012-07-1835MEMORANDUM OF LAW in Support re: 34 MOTION for Summary Judgment [PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT] . [MEMORANDUM IN SUPPORT OF PLAINTIFFS THE AMERICAN CIVIL LIBERTIES UNION AND THE AMERICAN CIVIL LIBERTIES UNION FOUNDATION'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT] . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Wicker, Colin) (Entered: 07/18/2012)
2012-07-1836DECLARATION of COLIN WICKER in Support re: 34 MOTION for Summary Judgment [PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT] .. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit EXHIBITS 1-5, # 2 Exhibit EXHIBITS 6-10, # 3 Exhibit EXHIBITS 11-17, # 4 Exhibit EXHIBIT 18, # 5 Exhibit EXHIBITS 19 AND 20, EX 20, PART 1 OF 2, # 6 Exhibit EXHIBIT 20, PART 2 OF 2, # 7 Exhibit EXHIBIT 21-24)(Wicker, Colin) (Entered: 07/18/2012)
2012-07-2037ENDORSED LETTER addressed to Judge Colleen McMahon from Sarah S. Normand dated 7/20/2012 re: We write respectfully on behalf of defendants the Department of Justice and its component, the Office of Legal Counsel; the Department of Defense and its component, the United States Special Operations Command; and the Central Intelligence Agency (collectively, the "Government") in the above-named related cases brought pursuant to the Freedom of Information Act ("FOIA") to request that the Court set a deadline of August 8, 2012, for the filing of the Government's reply and opposition to plaintiffs' respective cross-motions in these cases. ENDORSEMENT: OK., ( Responses due by 8/8/2012., Replies due by 8/8/2012.) (Signed by Judge Colleen McMahon on 7/20/2012) (lmb) (Entered: 07/20/2012)
2012-08-0838REPLY MEMORANDUM OF LAW in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 08/08/2012)
2012-08-0839DECLARATION of Mark Herrington in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 08/08/2012)
2012-08-0840DECLARATION of Douglas Hibbard in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 08/08/2012)
2012-08-0941MEMORANDUM OF LAW in Opposition re: 34 MOTION for Summary Judgment [PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT] .. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 08/09/2012)
2012-08-0942DECLARATION of Mark Herrington in Opposition re: 34 MOTION for Summary Judgment [PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT] .. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 08/09/2012)
2012-08-0943DECLARATION of Douglas Hibbard in Opposition re: 34 MOTION for Summary Judgment [PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT] .. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 08/09/2012)
2012-08-1644FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael P. Weinbeck to Withdraw as Attorney APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL . Document filed by American Civil Liberties Union. (Attachments: # 1 Affidavit of Michael P. Weinbeck in Support of Application to Withdraw as Counsel, # 2 Affidavit of Service, # 3 proposed Order)(Weinbeck, Michael) Modified on 8/16/2012 (db). (Entered: 08/16/2012)
2012-08-16***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael P Weinbeck to RE-FILE Document 44 MOTION for Michael P. Weinbeck to Withdraw as Attorney APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) (Entered: 08/16/2012)
2012-08-1645MOTION for Michael P. Weinbeck to Withdraw as Attorney APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL . Document filed by American Civil Liberties Union.(Weinbeck, Michael) (Entered: 08/16/2012)
2012-08-1646AFFIDAVIT of MICHAEL P. WEINBECK in Support re: 45 MOTION for Michael P. Weinbeck to Withdraw as Attorney APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL .. Document filed by American Civil Liberties Union. (Weinbeck, Michael) (Entered: 08/16/2012)
2012-08-1647AFFIDAVIT OF SERVICE of APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL served on Sarah S. Normand on 08/16/12. Service was accepted by BY ECF FILING SYSTEM. Document filed by American Civil Liberties Union. (Weinbeck, Michael) (Entered: 08/16/2012)
2012-08-2248ENDORSED LETTER addressed to Judge Colleen McMahon from Eric A. O. Ruzicka dated 8/13/2012 re: request leave to file a reply brief of no more than 10 pages by 8/24/2012 also ask that an oral argument be scheduled for this matter. ENDORSEMENT: Ok. (Replies due by 8/24/2012.) (Signed by Judge Colleen McMahon on 8/20/2012) (jar) (Entered: 08/22/2012)
2012-08-2449REPLY MEMORANDUM OF LAW in Support re: 34 MOTION for Summary Judgment [PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT] . [REPLY MEMORANDUM IN SUPPORT OF PLAINTIFFS AMERICAN CIVIL LIBERTIES UNION AND THE AMERICAN CIVIL LIBERTIES UNION FOUNDATION'S MOTION FOR PARTIAL SUMMARY JUDGMENT] . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Ruzicka, Eric) (Entered: 08/24/2012)
2012-08-2450AFFIDAVIT OF SERVICE of Reply Memorandum served on Sarah S. Normand on 08/24/2012. Service was accepted by by ECF filiing system. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Ruzicka, Eric) (Entered: 08/24/2012)
2012-10-0251ENDORSED LETTER addressed to Judge Colleen McMahon, from Sarah S. Normand, dated 10/1/2012, re: on behalf of defendants, request an unopposed extension of time, until October 10, 2012, for the parties to submit simultaneous supplemental letter briefs addressing the Second Circuit's recent decision in Brennan Center v. Department of Justice, No. 11-4599 (2d Cir. Sept. 20, 2012). ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 10/2/2012) (ja) (Entered: 10/02/2012)
2012-10-0452APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL: granting 45 Motion to Withdraw as Attorney. Attorney Michael P Weinbeck terminated.ENDORSEMENT: GRANTED. (Signed by Judge Colleen McMahon on 10/04/2012) (ama) (Entered: 10/04/2012)
2012-10-0553NOTICE OF APPEARANCE by Brett Max Kaufman on behalf of American Civil Liberties Union, The American Civil Liberties Union Foundation (Kaufman, Brett) (Entered: 10/05/2012)
2012-10-1054MOTION for Nathan Freed Wessler to Withdraw as Attorney. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Wessler, Nathan) (Entered: 10/10/2012)
2013-01-0255ORDER terminating 34 Motion for Summary Judgment; terminating 24 Motion for Summary Judgment. The Government's motion for summary judgment is granted except to the extent of permitting the DoD to submit a supplemental and more fulsome justification for why the deliberative process privilege applies to the two Unclassified Memos on its Vaughn Index. Plaintiffs' cross motions for summary judgment are denied except as to the open issue described above. This constitutes the decision and order of the Court. The Clerk of the Court is directed to remove the motions at Docket 11 Civ. 9336 # 10 and 19 and Docket 12 Civ. 794 # 24 and 34 from the Court's list of open motions.(Signed by Judge Colleen McMahon on 1/2/2013) (ago) (Additional attachment(s) added on 1/2/2013: # 1 Order) (mde). (Entered: 01/02/2013)
2013-01-0356CORRECTED OPINION GRANTING THE GOVERNMENT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS' CROSS MOTION FOR SUMMARY JUDGMENT: The Government's motion for summary judgment is granted except to the extent of permitting the DoD to submit a supplemental and more detailed justification for why the deliberative process privilege applies to the two Unclassified Memos on its Vaughn Index. Plaintiffs' cross motions for summary judgment are denied except as to the open issue described above. This constitutes the decision and order of the Court. The Clerk of the Court is directed to remove the motions at Docket 11 Civ. 9336 # 10 and 19 and Docket 12 Civ. 794 # 24 and 34 from the Court's list of open motions. (Signed by Judge Colleen McMahon on 1/3/2013) Copies Sent By ECF By Chambers. (cd) (Entered: 01/03/2013)
2013-01-0957MOTION OF NATHAN FREED WESSLER TO WITHDRAW AS COUNSEL granting 54 Motion to Withdraw as Attorney. Attorney Nathan Freed Wessler terminated. ENDORSEMENT: GRANTED Remove name from Docket. (Signed by Judge Colleen McMahon on 1/09/2013) (ama) Modified on 1/15/2013 (ama). Modified on 1/17/2013 (ama). (Entered: 01/10/2013)
2013-01-1758FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - DECLARATION of Brigadier General Richard C. Gross in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) Modified on 1/18/2013 (db). (Entered: 01/17/2013)
2013-01-18***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 58 HAS BEEN REJECTED. Note to Attorney Sarah Sheive Normand : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db) (Entered: 01/18/2013)
2013-01-1859DECLARATION of Brigadier General Richard C. Gross in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 01/18/2013)
2013-01-1862ORDER: The Government has until 6 PM on February 1, 2013 to submit supplemental declarations justifying the applicability of the deliberative process privilege to the two Unclassified Memos on the Department of Defense's Vaughn Index. (Signed by Judge Colleen McMahon on 1/18/2013) Copies Sent By ECF TO ALL COUNSEL (pl) (Entered: 01/30/2013)
2013-01-2260DECISION AND ORDER: Accordingly, the Government's motion for summary judgment with respect to the Unclassified Memos is granted and Plaintiffs' cross motions for summary judgment are denied. The Clerk of the Court is directed to enter judgment for the Government and to close both cases. This constitutes the decision and order of the Court. (Signed by Judge Colleen McMahon on 1/22/2013) (djc) (Entered: 01/22/2013)
2013-01-2461CLERK'S JUDGMENT That for the reasons stated in the Court's Decision and Order dated January 22, 2013, the Governments motion for summary judgment with respect to the Unclassified Memos is granted and Plaintiffs cross motions for summary judgment are denied; accordingly, both of the cases are closed. original Document # 35 filed in 11 Civ. 9336. (Signed by Clerk of Court Ruby Krajick on 1/24/13) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 01/24/2013)
2013-02-0163FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. Filing fee $ 455.00, receipt number 0208-8197154. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Ruzicka, Eric) Modified on 2/1/2013 (nd). (Entered: 02/01/2013)
2013-02-01***NOTE TO ATTORNEY REGARDING DEFICIENT APPEAL. Note to Attorney Eric Ruzicka to RE-FILE Document No. 63 Notice of Appeal,. The filing is deficient for the following reason: the Order being appealed was NOT selected. Re-file the document as a Corrected Notice of Appeal event and select the correct Order being appealed. (nd) (Entered: 02/01/2013)
2013-02-0164CORRECTED NOTICE OF APPEAL re: 63 Notice of Appeal, 61 Clerk's Judgment,. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Ruzicka, Eric) (Entered: 02/01/2013)
2013-02-01Appeal Fee Paid electronically via Pay.gov: for 64 Corrected Notice of Appeal. Filing fee $ 455.00. Pay.gov receipt number r 0208-8197154, paid on 2/1/2013. (nd) (Entered: 02/01/2013)
2013-02-01Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 64 Corrected Notice of Appeal. (nd) (Entered: 02/01/2013)
2013-02-01Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 40 Declaration in Support of Motion filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 33 Endorsed Letter, Set Deadlines/Hearings,,,, 29 Declaration in Support of Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 13 MOTION for Michael P. Weinbeck to Appear Pro Hac Vice. filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 7 Summons Returned Executed filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 48 Endorsed Letter, Set Deadlines/Hearings,, 16 Order on Motion to Appear Pro Hac Vice, 22 Endorsed Letter, Set Deadlines,,,, 17 Answer to Complaint filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 62 Order, 31 Declaration in Support of Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 5 Summons Returned Executed filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 45 MOTION for Michael P. Weinbeck to Withdraw as Attorney APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL . filed by American Civil Liberties Union, 60 Order, 51 Endorsed Letter, 18 Endorsed Letter, 43 Declaration in Opposition to Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 14 Order on Motion to Appear Pro Hac Vice, 55 Order on Motion for Summary Judgment,,,,,,, 2 Notice of Case Assignment/Reassignment, 58 Declaration in Support of Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 19 Endorsed Letter, 6 Summons Returned Executed filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 25 Memorandum of Law in Support of Motion filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 64 Corrected Notice of Appeal filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 15 Order on Motion to Appear Pro Hac Vice, 35 Memorandum of Law in Support of Motion, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 10 Summons Returned Executed filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 34 MOTION for Summary Judgment [PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT] . filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 3 Order for Initial Pretrial Conference, 63 Notice of Appeal, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 61 Clerk's Judgment, 28 Declaration in Support of Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 24 MOTION for Summary Judgment. filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 42 Declaration in Opposition to Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 26 Declaration in Support of Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 44 MOTION for Michael P. Weinbeck to Withdraw as Attorney APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL . filed by American Civil Liberties Union, 30 Declaration in Support of Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 57 Order on Motion to Withdraw as Attorney, 27 Declaration in Support of Motion filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 20 Endorsed Letter, 47 Affidavit of Service Other filed by American Civil Liberties Union, 54 MOTION for Nathan Freed Wessler to Withdraw as Attorney. filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 50 Affidavit of Service Other filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 23 Endorsed Letter, 32 Notice (Other) filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 8 Summons Returned Executed filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 38 Reply Memorandum of Law in Support of Motion filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 49 Reply Memorandum of Law in Support of Motion, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 1 Complaint, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 9 Certificate of Service Other, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 4 Notice of Appearance filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 41 Memorandum of Law in Opposition to Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 21 Endorsed Letter, Set Deadlines,,,, 46 Affidavit in Support of Motion filed by American Civil Liberties Union, 39 Declaration in Support of Motion filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 53 Notice of Appearance filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 37 Endorsed Letter, Set Deadlines,,,,,, 36 Declaration in Support of Motion,, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 59 Declaration in Support of Motion filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 11 MOTION for Eric A.O. Ruzicka to Appear Pro Hac Vice. filed by The American Civil Liberties Union Foundation, 12 MOTION for Colin Wicker to Appear Pro Hac Vice. filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 52 Order on Motion to Withdraw as Attorney, 56 Memorandum & Opinion,,, were transmitted to the U.S. Court of Appeals. (nd) (Entered: 02/01/2013)
2014-04-2165OPINION of USCA as to 64 Corrected Notice of Appeal filed by American Civil Liberties Union, The American Civil Liberties Union Foundation USCA Case Number 13-445(con). Appeal from the January 24, 2013, judgment of the United States District Court for the Southern District of New York (Colleen McMahon, District Judge), dismissing, on motion for summary judgment, a suit under the Freedom of Information Act seeking documents relating to targeted killings of United States citizens carried out by drone aircraft. We conclude that (1) a redacted version of the OLC-DOD Memorandum must be disclosed, (2) a redacted version of the classified Vaughn index (described below) submitted by OLC must be disclosed, (3) [redacted], (4) the Glomar and "no number, no list" responses are insufficiently justified, (5) DOD and CIA must submit Vaughn indices to the District Court for in camera inspection and determination of appropriate disclosure and appropriate redaction, and (6) the OIP search was sufficient. We therefore affirm in part, reverse in part, and remand. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 04/21/2014. (nd) (Entered: 04/21/2014)
2014-06-2666[PARTIAL] MANDATE of USCA (Certified Copy) as to 64 Corrected Notice of Appeal filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. USCA Case Number 13-445(con). The appeal in the above captioned case from a judgment of the United States District Court for the Southern District of New York was argued on the district court record and the parties' briefs. Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that a partial judgment is entered and the matter is REMANDED as directed in the Court's order of June 26, 2014, and consistent with paragraph (3) of the "Conclusion" section of the Court's June 23, 2014, revised opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/26/2014. (nd) (Additional attachment(s) added on 6/27/2014: # 1 Revised Opinion, # 2 Opinion of rehearing) (nd). (Entered: 06/27/2014)
2014-06-3067ORDER: This court has received a partial mandate from the United States Court of Appeals for the Second Circuit, directing that, at this time: (3) other legal memoranda prepared by OLC and at issue here must be submitted to the District Court for in camera inspection and determination of waiver of privileges and appropriate redaction; New York Times Co. v. US. Dep't of Justice, 13-422 L, 2014 WL 2838861 (2d Cir. June 23, 2014) (Mandate issued on June 26, 2014). Accordingly, the Government is directed to comply with Paragraph 3 of the conclusion of the Second Circuit's amended opinion of June 23, 2014, by providing this court with the following requests as set forth herein this Order. The Government has 21 days to comply. SO ORDERED. (Signed by Judge Colleen McMahon on 6/30/2014) (ja) (Entered: 06/30/2014)
2014-07-0768FIRST LETTER MOTION for Extension of Time to File Motion in Response to 6/30/14 Order addressed to Judge Colleen McMahon from AUSA Sarah S. Normand dated 07/07/14. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice.(Normand, Sarah) (Entered: 07/07/2014)
2014-07-0869LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from Jameel Jaffer dated 07/08/2014 re: 68 FIRST LETTER MOTION for Extension of Time to File Motion in Response to 6/30/14 Order addressed to Judge Colleen McMahon from AUSA Sarah S. Normand dated 07/07/14. . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Jaffer, Jameel) (Entered: 07/08/2014)
2014-07-0870LETTER REPLY to Response to Motion addressed to Judge Colleen McMahon from AUSA Sarah S. Normand dated 07/08/14 re: 68 FIRST LETTER MOTION for Extension of Time to File Motion in Response to 6/30/14 Order addressed to Judge Colleen McMahon from AUSA Sarah S. Normand dated 07/07/14. . Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 07/08/2014)
2014-07-0971ORDER denying 68 Letter Motion for Extension of Time to File: This court has already settled on a procedure for conducting the in camera review necessitated by the mandate; the June 30 order explains that procedure to the parties. That process gives the Government an opportunity to explain, under seal and in camera, why it has not waived potentially applicable privileges with respect to all or any portion of the documents that the court is required to review. It also permits the Government to suggest other redactions that may be necessary before the opinions can be produced to plaintiffs. I expect the Government to comply with the procedure set by the Court. The parties have apparently agreed to a short postponement of the date by which the Government must produce the documents contemplated by the mandate. I am agreeable to their chosen date, which is August 15, 2014. (Signed by Judge Colleen McMahon on 7/9/2014) (tn) (Entered: 07/09/2014)
2014-08-1572NOTICE of Lodging of Classified Documents. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 08/15/2014)
2014-08-1873MANDATE of USCA (Certified Copy) as to 64 Corrected Notice of Appeal filed by American Civil Liberties Union, The American Civil Liberties Union Foundation USCA Case Number 13-445(con). Ordered, Adjudged and Decreed that the final judgment is entered and the matter is REMANDED as directed in the Court's opinion of July 10, 2014. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/18/2014. (Attachments: # 1 Opinion of rehearing motion)(nd) (Entered: 08/18/2014)
2014-08-18Transmission of USCA Mandate to the District Judge re: 73 USCA Mandate,. (nd) (Entered: 08/18/2014)
2014-09-0574MOTION for Brett Max Kaufman to Withdraw as Attorney . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Kaufman, Brett) (Entered: 09/05/2014)
2014-09-0575ENDORSED LETTER addressed to All Counsel in New York Times v. Department of Justice and ACLU v. Department of Justice from Judge McMahon dated 9/5/2014 re: Scheduling. ENDORSEMENT: I have begun work on carrying out the first mandate received from the Court of Appeals, relating to Item (3) of that court's Conclusion. I hope to have a decision well before the end of the month. Meanwhile, I have received a second mandate, this one relating to Item (5) of the Court's conclusion, which directs the production of Vaughn indices by the Department of Defense and the Central Intelligence Agency for in camera inspection. I expect to receive said Vaughn indices by September 25, 2014, together with any affidavits or briefs the agencies wish to file concerning the protectability or disclosability of particular listings on these indices. Finally, to the extent that the plaintiffs seek the production of any documents on the OLC Vaughn Index that was ordered to be disclosed in redacted form (See Item (2) of the Second Circuit's Conclusion), they must file a request for production, specifying the identifying number of each item they wish disclosed, by September 19, 2014. The Government may have until October 3, 2014 to provide the court with affidavits and briefs explaining the following herein. (Signed by Judge Colleen McMahon on 9/5/2014) (kgo) Modified on 9/5/2014 (kgo). (Entered: 09/05/2014)
2014-09-1976LETTER addressed to Judge Colleen McMahon from Plaintiff ACLU dated 09/19/2014 re: Plaintiffs' Request for Production and Parties' Proposed Briefing Schedule. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Shamsi, Hina) (Entered: 09/19/2014)
2014-09-2277MEMO ENDORSEMENT granting 74 Motion to Withdraw as Attorney. ENDORSEMENT: granted (***Attorney Brett Max Kaufman terminated.) (Signed by Judge Colleen McMahon on 9/22/2014) (kgo) (Entered: 09/22/2014)
2014-09-2278MEMO ENDORSEMENT on re: 76 Letter, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. ENDORSEMENT: 1. The schedule are acceptable 2. You will have my decision, referenced on page 2 of this letter, this week (at least, the government will have it) - no issues will remain unreached. 3 The government should prepare for me a modified OCC Vaughn index, eliminating all documents not sought by the ACLU (including draft memorandum) and the documents listed in the carryover paragraph. (Signed by Judge Colleen McMahon on 9/22/2014) (kgo) (Entered: 09/22/2014)
2014-09-22Set/Reset Deadlines: Cross Motions due by 12/3/2014. Motions due by 11/14/2014. Responses due by 12/19/2014. Replies due by 1/9/2015. (kgo) (Entered: 09/22/2014)
2014-10-0379MOTION for Summary Judgment as to Remaining OLC Documents . Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. Responses due by 10/31/2014(Normand, Sarah) (Entered: 10/03/2014)
2014-10-0380MEMORANDUM OF LAW in Support re: 79 MOTION for Summary Judgment as to Remaining OLC Documents . . Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 10/03/2014)
2014-10-0381DECLARATION of John E. Bies in Support re: 79 MOTION for Summary Judgment as to Remaining OLC Documents .. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Attachments: # 1 Bies Declaration Part 2, # 2 Exhibit A (Part 1), # 3 Exhibit A (Part 2), # 4 Exhibit A (Part 3))(Normand, Sarah) (Entered: 10/03/2014)
2014-10-0382DECLARATION of Martha M. Lutz in Support re: 79 MOTION for Summary Judgment as to Remaining OLC Documents .. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 10/03/2014)
2014-10-0383DECLARATION of Rear Admiral Sinclair M. Harris in Support re: 79 MOTION for Summary Judgment as to Remaining OLC Documents .. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 10/03/2014)
2014-10-0384NOTICE of Notice of Lodging of Classified Documents re: 79 MOTION for Summary Judgment as to Remaining OLC Documents .. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 10/03/2014)
2014-10-2085LETTER addressed to Judge Colleen McMahon from Eric A. O. Ruzicka dated October 20, 2014 re: Parties' Proposed Briefing Schedule. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Ruzicka, Eric) (Entered: 10/20/2014)
2014-10-2186MEMO ENDORSEMENT on re: 85 Letter filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. ENDORSEMENT: OK - but I anticipate that the release of the opinion's unclassified portions may not be particularly helpful to you, but I am OK with the extension. It is difficult to make rulings about the in camera review of classified documents in an unclassified manner.... (Signed by Judge Colleen McMahon on 10/21/2014) (kgo) (Entered: 10/22/2014)
2014-10-2487FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael Weinbeck to Appear Pro Hac Vice . Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Weinbeck, Michael) Modified on 10/24/2014 (bcu). (Entered: 10/24/2014)
2014-10-24>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 87 MOTION for Michael Weinbeck to Appear Pro Hac Vice . Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff. . The filing is deficient for the following reason(s): Missing Certificate of Good Standing.Missing Proposed Order. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days and attach a Proposed Order. (bcu) (Entered: 10/24/2014)
2014-10-2488MOTION for Michael Weinbeck to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Attachments: # 1 Affidavit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Weinbeck, Michael) (Entered: 10/24/2014)
2014-10-24>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 88 MOTION for Michael Weinbeck to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 10/24/2014)
2014-10-3189ORDER DIRECTING RELEASE OF UNREDACTED VERSION OF REMAND OPINION #1 (RELATING TO ITEM 3): I have received and reviewed the October 17, 2014 ex parte submission from the Department of Justice following its classification review of the court's first decision on remand from the United State Court of Appeals for the Second Circuit. The decision was submitted to the Government on September 30, 2014. I disagree with the Government's redaction of the bulk of the first full paragraph and the second and third paragraphs on page 9, which as drafted by this court contain not a whit of classified material (the Government does not suggest otherwise), and which I do not believe would tend to reveal any classified information. In order to preserve that issuefor appellate review, I will release on the public docket the opinion with all the Government's proposed redactions today, along with this cover note indicating my conclusion about this material. Should the Second Circuit agree with the Government that the material was properly redacted, nothing will be lost; should it agree with my view that nothing the Government has redacted on page 9 should be redacted, it will so indicate. The full opinion will remain under seal. Looking to the future: I have before me the ACLU's letter of September 19, 2014, in which it indicates what additional documents from the OLC Vaughn Index it wishes disclosed, as well as the Government's sealed, ex parte response to that request and its motion for summary judgment with respect to the OLC documents. (Item 2 on Remand; Court's Order of September 5, 2014, Docket# 75; Motion for Summary Judgment dated October 3, 2014, Docket #79). Consistent with the parties' briefing schedule, I hope to have that decision out before Christmas. Finally, I will not be able to address Remand, Item 5, the Vaughn Indices from the Department of Defense and the CIA, until early next year, as briefing will not be complete until January 9. I had hoped to get all of this work done this year, as I have a heavy trial calendar for the first half of 2015. I will, therefore, not grant any extensions of the already generous briefing schedule with respect to these long-overdue Vaughn Indices. (Signed by Judge Colleen McMahon on 10/31/2014) (kgo) (Entered: 10/31/2014)
2014-10-3190DECISION ON REMAND WITH RESPECT TO ISSUE (3)(REDACTED): (U) This constitutes the decision and order of the court. Before releasing this decision to plaintiffs and to the public, I am providing a copy to the Government, to check classification status (which we have tried our best to get right on a paragraph by paragraph basis) and to propose redactions. (U) To the extent it should be necessary, the court certifies that an immediate entry of partial judgment as to this aspect of the case would be appropriate, pursuant to Fed. R. Civ. P.54(b), because (1) this order finally disposes of a discrete and severable issue in this action, to wit the disclosability of one specific type of legal document (legal opinions from the OLC) sought from one party defendant (the Department of Justice); and (2) there is no just reason for delay. These FOIA requests were made nearly three years ago, and it is in the public interest that any disclosable documents become public as without further delay. Also, there are many open issues in this case, which are completely severable from Remand Issue 3; and (if the parties' briefing schedule is any indication) it will take many months to resolve those issues. (U) The mandate directs that any appeal from this order and the partial judgment to be entered thereon be referred to a panel consisting of Judges Newman, Cabranes, and Pooler. (Signed by Judge Colleen McMahon on 9/30/2014) (kgo) (Entered: 10/31/2014)
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