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Case TitleAMERICAN CIVIL LIBERTIES UNION et al v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2006cv00214
Date Filed2006-02-07
Date Closed2014-03-31
JudgeChief Judge Royce C. Lamberth
PlaintiffAMERICAN CIVIL LIBERTIES UNION
PlaintiffAMERICAN CIVIL LIBERTIES UNION FOUNDATION
PlaintiffNATIONAL SECURITY ARCHIVE FUND, INC.
Case DescriptionThe ACLU submitted a FOIA request to the Department of Justice for records concerning the government's secret surveillance program. The ACLU also asked for expedited processing and a fee waiver. The agency granted the ACLU's request for expedited processing. The National Security Archive also submitted a FOIA request to the Department of Justice for the same records. The Archive also requested expedited processing, which was granted. After hearing nothing further from the agency, the ACLU and the National Security Archive filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Opinion/Order [12]
Opinion/Order [59]
FOIA Project Annotation: Judge Royce Lamberth ruled that Office of Legal Counsel memoranda concerning the Bush-era warrantless wire-tapping program is protected by Exemption 1 (national security) and Exemption 5 (deliberative process privilege). After reviewing the ten documents withheld by the Justice Department in responses to requests by EPIC and the ACLU, Lamberth noted that the documents "are properly classified" and "each record contains confidential, pre-decisional legal advice protected by the deliberative-process and attorney-client communications privilege." He pointed out that the D.C. Circuit's recent decision in EFF v. Dept of Justice finding an OLC memo prepared for the FBI could be withheld entirely under Exemption 5 was dispositive. He observed that "this Court sees no principled way to distinguish the OLC opinion in the Electronic Frontier Foundation case from the ten OLC memoranda in this case."
Issues: Exemption 5 - Privileges, Exemption 1 - Harm to national security
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2006-02-071COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE (Filing fee $ 250) filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC..(lc, ) (Entered: 02/08/2006)
2006-02-072LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC. (lc, ) (Entered: 02/08/2006)
2006-02-073MOTION to Consolidate Cases by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC.. (Attachments: # 1 Text of Proposed Order)(lc, ) (Entered: 02/08/2006)
2006-02-074NOTICE OF RELATED CASE by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC.. Case related to Case No. 06-0096. (lc, ) (Entered: 02/08/2006)
2006-02-07SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (lc, ) (Entered: 02/08/2006)
2006-02-085SUMMONS Returned Executed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC.. UNITED STATES DEPARTMENT OF JUSTICE served on 2/7/2006, answer due 3/9/2006. (Spitzer, Arthur) (Entered: 02/08/2006)
2006-02-086RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 02/07/2006. (Spitzer, Arthur) (Entered: 02/08/2006)
2006-02-087RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. (Spitzer, Arthur) (Entered: 02/08/2006)
2006-02-088MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ann Beeson. :Address- ACLU, 125 Broad Street, NY NY 10004. Phone No. - 212-549-2601. Fax No. - 212-549-2651 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC.. (Attachments: # 1 Declaration of Ann Beeson)(Spitzer, Arthur) (Entered: 02/08/2006)
2006-02-089MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Catherine Crump. :Address- ACLU, 125 Broad Street, NY NY 10004. Phone No. - 212-519-7806. Fax No. - 212-549-2651 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC.. (Attachments: # 1 Declaration of Catherine Crump)(Spitzer, Arthur) (Entered: 02/08/2006)
2006-02-0910Order granting 3 plaintiffs' motion to consolidate. Signed by Judge Henry H. Kennedy, Jr., on February 9, 2006. (FL, ) (Entered: 02/09/2006)
2006-02-09Minute order granting 8 and 9 motions for admission, pro hac vice of Ann Beeson and Catherine Crump as additional counsel for plaintiffs. Ann Beeson and Catherine Crump are permitted to appear pro hac vice as additional counsel for plaintiffs in this case. Signed by Judge Henry H. Kennedy, Jr., on February 9, 2006. (FL, ) (Entered: 02/09/2006)
2006-02-09Cases associated. All further pleadings and other matters related to the consolidated cases be filed in Electronic Privacy Information Center v. Dept of Justice, Civil Action 06-00096.(lc, ) (Entered: 02/09/2006)
2006-02-10Minute Entry for proceedings held before Judge Henry H. Kennedy : Motion Hearing held on 2/10/2006 re 3 MOTION for Preliminary Injunction filed by ELECTRONIC PRIVACY INFORMATION CENTER,. Heard and taken under advisement. (Court Reporter Annie Shaw.) Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(rew, ) (Entered: 02/10/2006)
2006-02-1511Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to EPIC Plaintiff's Complaint by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(Bhattacharyya, Rupa) (Entered: 02/15/2006)
2006-02-1612Memorandum Opinion and Order. Signed by Judge Henry H. Kennedy, Jr., on February 16, 2006. Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(FL, ) (Entered: 02/16/2006)
2006-02-27Minute order granting 11 defendant's unopposed motion for an extension of time in which to answer or otherwise respond to plaintiff's complaint. Defendant shall have up to and including March 9, 2006, within which to answer, move, or otherwise respond to plaintiff's complaint. Signed by Judge Henry H. Kennedy, Jr., on February 27, 2006. Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(FL, ) Modified on 2/27/2006 (FL, ). (Entered: 02/27/2006)
2006-02-27Set/Reset Deadlines: Answer due by 3/9/2006. Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(rew, ) (Entered: 02/27/2006)
2006-03-0613Unopposed MOTION to Stay (Partial) of the Court's February 16, 2006, Order Pending Resolution of the Defendant's Forthcoming Motion Seeking Relief from that Order by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(Bhattacharyya, Rupa) (Entered: 03/06/2006)
2006-03-0714Order granting 13 defendant's unopposed motion for a partial stay of the court's February 16, 2006, order. Signed by Judge Henry H. Kennedy, Jr., on March 7, 2006. Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(FL, ) Modified on 3/7/2006 (FL, ). (Entered: 03/07/2006)
2006-03-0715MOTION Expedited Motion for Relief from Court's Order of February 16, 2006 by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A -- J. Huvelle Order# 2 Exhibit B -- J. Kessler Order# 3 Exhibit C -- O'Connor Order# 4 Exhibit D -- ACLU Docket# 5 Exhibit E -- PFAW Order# 6 Text of Proposed Order)Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(Bhattacharyya, Rupa) (Entered: 03/07/2006)
2006-03-0916ANSWER to Complaint of Electronic Privacy Information Center by DEPARTMENT OF JUSTICE.Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(Bhattacharyya, Rupa) (Entered: 03/09/2006)
2006-03-0917ANSWER to Complaint of the American Civil Liberties Union, et al. by UNITED STATES DEPARTMENT OF JUSTICE.(Bhattacharyya, Rupa) (Entered: 03/09/2006)
2006-03-2318NOTICE of Appearance by Meredith Fuchs on behalf of NATIONAL SECURITY ARCHIVE FUND, INC. Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(Fuchs, Meredith) (Entered: 03/23/2006)
2006-03-2419Order re 13 granting in part and denying in part defendant's expedited motion seeking relief from the court's February 16, 2006, order. Signed by Judge Henry H. Kennedy, Jr., on March 24, 2006. Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(FL, ) (Entered: 03/24/2006)
2006-03-29Set/Reset Hearings: Status Conference set for 5/31/2006 at 09:45 AM in Courtroom 27A before Judge Henry H. Kennedy. Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(rew, ) (Entered: 03/29/2006)
2006-05-2620NOTICE OF SUBSTITUTION OF COUNSEL by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER Substituting for attorney David L. Sobel Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(Rotenberg, Marc) (Entered: 05/26/2006)
2006-05-2621NOTICE OF WITHDRAWAL OF APPEARANCE as to ELECTRONIC PRIVACY INFORMATION CENTER. Attorney Marcia Clare Hofmann terminated. Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(Hofmann, Marcia) (Entered: 05/26/2006)
2006-05-28MINUTE ORDER granting 21 Joint Motion to Continue May 31, 2006, status hearing. The clerk of the court will reschedule the status hearing to convene after July 7, 2006, when the business of the court permits. Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(Kennedy, Henry) (Entered: 05/28/2006)
2006-05-2922NOTICE OF WITHDRAWAL OF APPEARANCE as to ELECTRONIC PRIVACY INFORMATION CENTER. Attorney David L. Sobel terminated. Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(Sobel, David) (Entered: 05/29/2006)
2006-05-30Set/Reset Hearings: Status Conference set for 5/31/2006 at 9:45 AM is OFF and reset for 7/26/2006 at 09:45 AM in Courtroom 27A before Judge Henry H. Kennedy. Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(rew, ) (Entered: 05/30/2006)
2006-07-05Minute order granting 23 defendant's unopposed motion for an extension of time in which to complete processing of plaintiff's Freedom Of Information Act Request. Defendant shall have up to and including July 21, 2006, in which to complete the processing of plaintiff's request under the Freedom of Information Act, 5 U.S.C. Sec. 552. Signed by Judge Henry H. Kennedy, Jr., on July 5, 2006. Official paperless order Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(FL, ) Modified on 8/7/2006 (FL, ). (Entered: 07/05/2006)
2006-07-26Minute Entry for proceedings held before Judge Henry H. Kennedy: Status Conference held on 7/26/2006. An order will be issued by the Court. (Court Reporter Annie Shaw.) Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(tth, ) (Entered: 07/26/2006)
2006-07-2723Scheduling Order. Signed by Judge Henry H. Kennedy, Jr., on July 27, 2006. Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(FL, ) (Entered: 07/27/2006)
2006-07-28Set/Reset Deadlines: Cross Motions due by 9/28/2006. Response to Cross Motions due by 10/18/2006. Reply to Cross Motions due by 11/2/2006. Summary Judgment motions due by 9/8/2006. Response to Motion for Summary Judgment due by 9/28/2006. Reply to Motion for Summary Judgment due by 10/18/2006. Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(adc) (Entered: 07/28/2006)
2006-08-07ENTERED IN ERROR.....MINUTE ORDER canceling the Initial Scheduling Conference set for 8/10/06 at 2:30 p.m.. Signed by Judge Henry H. Kennedy on August 7, 2006. (adc) Modified on 8/8/2006 (adc, ). (Entered: 08/07/2006)
2006-08-08NOTICE OF CORRECTED DOCKET ENTRY: Entries made on 8/7/06 canceling the status hearing entered in error because the entries should have been made in 06-406.(adc) (Entered: 08/08/2006)
2006-09-07NOTICE OF CORRECTED DOCKET ENTRY: re 25 MOTION for Extension of Time to File Motion for Summary Judgment was entered in error and refiled as document no. 27 Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(td, ) (Entered: 09/08/2006)
2006-09-08Minute order granting 26 defendant's motion for a one-week extension of time in which to file its motion for summary judgment. Defendant shall have up to and including September 15, 2006, in which to file a motion for summary judgment. Signed by Judge Henry H. Kennedy, Jr., on September 8, 2006. Official paperless order Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(FL, ) (Entered: 09/08/2006)
2006-09-08Minute order granting 27 defendant's motion for leave to exceed the page limits. Defendant shall have leave to exceed the page limits allowed by the local rules with respect to its forthcoming motion for summary judgment. Signed by Judge Henry H. Kennedy on September 8, 2006. Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(FL, ) (Entered: 09/08/2006)
2006-09-1324MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nasrina Bargzie. :Address- ACLU, 125 Broad Street, New York NY 10004. Phone No. - 212-549-2517. Fax No. - 212-549-2651 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC.. (Attachments: # 1 Declaration of Nasrina Bargzie)(Spitzer, Arthur) (Entered: 09/13/2006)
2006-09-14Minute order granting 24 motion for admission, pro hac vice, of Nasrina Bargzie as additional counsel for plaintiffs. Nasrina Bargzie is permitted to appear pro hac vice on behalf of plaintiffs, American Civil Liberties Union, in the United States District Court for the District of Columbia. Signed by Judge Henry H. Kennedy, Jr., on September 14, 2006. Official paperless order (FL, ) (Entered: 09/14/2006)
2006-09-2625Unopposed MOTION for Extension of Time to Oppose Defendant's Motion for Summary Judgment and to File Cross-Motions for Summary Judgment by ELECTRONIC PRIVACY INFORMATION CENTER, AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC.. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(Spitzer, Arthur) (Entered: 09/26/2006)
2006-09-27Minute order granting 31 plaintiffs' unopposed motion for extension of time in which to file their opposition to the defendant's motion for summary judgment and their cross-motion for summary judgment. Plaintiffs shall have up to and including October 13, 2006, in which to file an opposition to the defendant's motion for summary judgment and cross-motion for summary judgment. Signed by Judge Henry H. Kennedy on September 27, 2006. Official paperless order Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(FL, ) (Entered: 09/27/2006)
2006-09-2826MOTION to Withdraw as Attorney Catherine Crump by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC.. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 09/28/2006)
2006-10-02Minute order granting 26 motion of Catherine Crump to withdraw as counsel. Attorney Catherine Crump's representation, as one of plaintiffs' counsel, is withdrawn. Signed by Judge Henry H. Kennedy, Jr., on October 2, 2006. Official paperless order (FL, ) (Entered: 10/02/2006)
2006-10-1327Consent MOTION for Leave to File Excess Pages in Opposition to Defendant's Motion for Summary Judgment by ELECTRONIC PRIVACY INFORMATION CENTER, AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC.. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(Spitzer, Arthur) (Entered: 10/13/2006)
2006-10-1328Memorandum in opposition to re 29 MOTION for Summary Judgment filed by ELECTRONIC PRIVACY INFORMATION CENTER, AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC.. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(Spitzer, Arthur) (Entered: 10/13/2006)
2006-10-1329MOTION In Camera Review of Withheld Records re 33 Memorandum in Opposition,, 29 MOTION for Summary Judgment by ELECTRONIC PRIVACY INFORMATION CENTER, AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC.. (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(Spitzer, Arthur) (Entered: 10/13/2006)
2006-10-17Minute order granting 27 plaintiffs' unopposed motion for leave to exceed the page limit. Plaintiffs' forty-eight page opposiiton to defendant's motion for summary judgment is deemed filed. Signed by Judge Henry H. Kennedy, Jr., on October 17, 2006. Official paperless order Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(FL, ) Modified on 10/17/2006 (FL, ). (Entered: 10/17/2006)
2006-10-20Minute order granting 35 defendant's unopposed motion to modify the briefing schedule. Defendant shall have through and including November 9, 2006, in which to file an opposition to plaintiffs? cross motion, and a reply in support of the pending motion for summary judgment in Civil Action 06-0096, and Civil Action 06-00214. Plaintiffs shall have through and including November 28, 2006, in which to file a cross-reply. Signed by Judge Henry H. Kennedy, Jr., on October 20, 2006. Official paperless order Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(FL, ) (Entered: 10/20/2006)
2006-11-2730REPLY to opposition to motion re 34 MOTION In Camera Review of Withheld Records re 33 Memorandum in Opposition,, 29 MOTION for Summary Judgment filed by ELECTRONIC PRIVACY INFORMATION CENTER, AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC.. Associated Cases: 1:06-cv-00096-HHK,1:06-cv-00214-HHK(Spitzer, Arthur) (Entered: 11/27/2006)
2007-05-1931MOTION to Withdraw as Attorney Ann Beeson by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 05/19/2007)
2007-05-2332ENTERED IN ERROR.....MOTION for Leave to File Supplemental Memorandum by ELECTRONIC PRIVACY INFORMATION CENTER, AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC., AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC. (Attachments: # 1 Supplementary Memorandum# 2 Text of Proposed Order)Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(Spitzer, Arthur) Modified on 5/24/2007 (lc, ). (Entered: 05/23/2007)
2007-05-2333ENTERED IN ERROR.....MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jameel Jaffer, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York, NY 10004. Phone No. - 212-519-7814. Fax No. - 212-549-2651 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC. (Attachments: # 1 Declaration of Jameel Jaffer# 2 Text of Proposed Order)(Spitzer, Arthur) Modified on 5/24/2007 (lc, ). (Entered: 05/23/2007)
2007-05-24NOTICE OF CORRECTED DOCKET ENTRY: re 32 MOTION for Leave to File, 33 MOTION for Leave to Appear Pro Hac Vice were entered in error because all pleadings and other matters related to the consolidated cases be file in Electronic Privacy Information Center v. Dept of Justice, Civil Action 06-00096. (lc, ) (Entered: 05/24/2007)
2007-05-24Minute order granting (40) motion for admission, pro hac vice, of Jameel Jaffer as additional counsel for plaintiffs in case 1:06-cv-00096-HHK. Jameel Jaffer is permitted to appear pro hac vice on behalf of plaintiffs, American Civil Liberties Union, American Civil Liberties Union Foundation, and The National Security Archive, to the Bar of the United States District Court for the District of Columbia. Signed by Judge Henry H. Kennedy, Jr., on May 24, 2007. Official paperless order Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(FL, ) (Entered: 05/24/2007)
2007-05-29MINUTE ORDER granting 25 Motion for Extension of Time nunc pro tunc September 26, 2006. (Kennedy, Henry) (Entered: 05/29/2007)
2007-06-01Minute order granting 31 motion of Ann Beeson to withdraw as counsel. Ann Beeson appearance as pro hac vice on behalf of plaintiffs is withdrawn. Signed by Judge Henry H. Kennedy, Jr., on June 1, 2007. Official paperless order (FL, ) (Entered: 06/01/2007)
2007-06-07Reset Deadlines: Defendant shall have up to and including June 13, 2007, within which to file a response to plaintiffs' motion for leave to file a supplemental memorandum. Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(ztj, ) (Entered: 06/11/2007)
2007-07-31Minute order granting (39) motion for leave to file supplemental memorandum and (42) motion for leave to file exhibits to plaintiffs supplemental memorandum in case 1:06-cv-00096-HHK and the associated case: 1:06-cv-00214-HHK. The proposed submissions are deemed filed. Signed by Judge Henry H. Kennedy, Jr., on July 31, 2007. Official paperless order (FL, ) (Entered: 07/31/2007)
2007-09-0534Memorandum Opinion and Order. Signed by Judge Henry H. Kennedy, Jr., on September 5, 2007. Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(FL, ) (Entered: 09/05/2007)
2007-10-11Minute order granting 49 defendant's unopposed motion for an extension of time in which to file its renewed motion for summary judgment. Defendant shall have up to and including October 18, 2007, in which to file a renewed motion for summary judgment with respect to all components except for the Federal Bureau of Investigation (FBI), and up to and including November 20, 2007, in which to file its renewed motion for summary judgment with respect to the FBI, in the above-captioned consolidated cases. 1:06-cv-00096-HHK Signed by Judge Henry H. Kennedy, Jr., on October 11, 2007. Official paperless order Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(FL, ) Modified to edit link on 10/12/2007 (nmw, ). (Entered: 10/11/2007)
2007-10-17Reset Deadlines: Defendant shall have up to and including October 18, 2007, in which to file a renewed motion for summary judgment with respect to all components except for the Federal Bureau of Investigation (FBI), and up to and including November 20, 2007, in which to file its renewed motion for summary judgment with respect to the FBI, (tj ) (Entered: 10/17/2007)
2007-10-1935Second MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A - Redacted Bradbury Declaration# 2 Exhibit B - Redacted Rowan Declaration# 3 Errata C - NSA Declaration)Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(Bhattacharyya, Rupa) (Entered: 10/19/2007)
2007-10-1936NOTICE of Lodging Classified Exhibits in Support of Renewed Motion for Summary Judgment by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(Bhattacharyya, Rupa) (Entered: 10/19/2007)
2007-11-2137SUPPLEMENTAL MEMORANDUM to re (35 in 1:06-cv-00214-HHK, 50 in 1:06-cv-00096-HHK) MOTION for Summary Judgment Supplemental Submission on Behalf of the FBI filed by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A -- Second Hardy Declaration# 2 Ex. A to Hardy Decl.# 3 Ex. B to Hardy Decl. pt.1# 4 Ex. B to Hardy Decl. pt.2# 5 Ex. B to Hardy Decl. pt.3)Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(Bhattacharyya, Rupa) (Entered: 11/21/2007)
2008-01-0238ENTERED IN ERROR.....MOTION for Extension of Time to File Response/Reply as to (57 in 1:06-cv-00096-HHK) MOTION Renewed, for In Camera Review of Withheld Records and to Reply in Support of Defendant's Renewed Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(Bhattacharyya, Rupa) Modified on 1/3/2008 (lc, ). (Entered: 01/02/2008)
2008-01-03NOTICE OF CORRECTED DOCKET ENTRY: re 38 MOTION for Extension of Time to File Response/Reply was entered in error because filings should be made only in the lead case of 06-0096. (lc, ) (Entered: 01/03/2008)
2008-01-15ORDER granting 59 Defendant's Motion for an Extension of Time in which to File its Opposition to Plainitffs' Renewed Motion for In Camera Review and its Reply Brief in Support of its Pending Renewed Motion for Summary Judgment. Accordingly, defendant's opposition and reply brief are due by January 30, 2008. Signed by Judge Henry H. Kennedy on January 15, 2008. Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK (NP) (Entered: 01/15/2008)
2008-09-0839MOTION to Withdraw as Attorney Nasrine Bargzie by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 09/08/2008)
2008-09-08ORDER granting 39 Motion of Nasrina Bargzie to Withdraw as Counsel. Attorney Nasrina Bargzie is terminated from this case. Signed by Judge Henry H. Kennedy, Jr. on September 8, 2008. (NP) (Entered: 09/08/2008)
2008-09-08ORDER granting (65) Motion of Nasrina Bargzie to Withdraw as Counsel. Attorney Nasrina Bargzie is terminated in case 1:06-cv-00096-HHK. Signed by Judge Henry H. Kennedy, Jr. on September 8, 2008. Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK (NP) (Entered: 09/08/2008)
2008-09-0940NOTICE OF SUBSTITUTION OF COUNSEL by Caroline Lewis Wolverton on behalf of DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Rupa Bhattacharyya Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(Wolverton, Caroline) (Entered: 09/09/2008)
2008-10-3141MEMORANDUM OPINION & ORDER granting in part and denying in part 50 , 54 Defendant's Renewed Motion for Summary Judgment, and granting in part and denying in part 57 Plaintiff's Renewed Motion for In Camera Review. Signed by Judge Henry H. Kennedy, Jr. on October 31, 2008. Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK (NP) (Entered: 10/31/2008)
2008-11-1742NOTICE of Lodging of Classified Documents for In Camera Review by UNITED STATES DEPARTMENT OF JUSTICE re 41 Order,, Memorandum & Opinion, (Wolverton, Caroline) (Entered: 11/17/2008)
2008-11-1743SUPPLEMENTAL MEMORANDUM to re 35 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Redacted Supplemental Declaration of Steven G. Bradbury)(Wolverton, Caroline) (Entered: 11/17/2008)
2009-03-0644NOTICE of Filing New Authority by ELECTRONIC PRIVACY INFORMATION CENTER, AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7)Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(Rotenberg, Marc) (Entered: 03/06/2009)
2009-03-1745RESPONSE re (44 in 1:06-cv-00214-HHK) Notice (Other), Notice (Other) of Filing filed by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE. Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(Wolverton, Caroline) (Entered: 03/17/2009)
2009-10-2846NOTICE of Intent to Respond by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE re (70 in 1:06-cv-00096-HHK) Supplemental Memorandum, Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(Wolverton, Caroline) (Entered: 10/28/2009)
2009-12-1747MEMORANDUM re (35 in 1:06-cv-00214-HHK, 50 in 1:06-cv-00096-HHK) MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE. Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(Wolverton, Caroline) (Entered: 12/17/2009)
2010-03-1748NOTICE OF WITHDRAWAL OF APPEARANCE as to NATIONAL SECURITY ARCHIVE FUND, INC.. Attorney Meredith Fuchs terminated. Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(Fuchs, Meredith) (Entered: 03/17/2010)
2010-05-1149MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Melissa Goodman, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York, NY 10004. Phone No. - 212-549-2622. Fax No. - 212-549-2651 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Affidavit of Melissa Goodman, # 2 Text of Proposed Order)Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(Spitzer, Arthur) (Entered: 05/11/2010)
2010-05-13MINUTE ORDER granting 49 Motion for Pro Hac Vice Admission of Melissa Goodman. Accordingly, Ms. Goodman is admitted pro hac vice to appear in this matter on behalf of plaintiffs. Signed by Judge Henry H. Kennedy, Jr. on May 13, 2010. (NP) (Entered: 05/13/2010)
2010-12-2250ENTERED IN ERROR.....NOTICE of Appearance by Marcia Berman on behalf of DEPARTMENT OF JUSTICE Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(Berman, Marcia) Modified on 12/23/2010 (dr). (Entered: 12/22/2010)
2010-12-2351NOTICE OF SUBSTITUTION OF COUNSEL - by Marcia Berman on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Caroline Lewis Wolverton (dr) (Entered: 12/23/2010)
2010-12-23NOTICE OF CORRECTED DOCKET ENTRY: re 50 Notice of Appearance was entered in error because it does not reflect the document filed. A Notice of Substitution of Counsel has been filed as DE# 51 (dr) (Entered: 12/23/2010)
2011-01-1452STIPULATION (Joint Proposed Stipulation) by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, ELECTRONIC PRIVACY INFORMATION CENTER, NATIONAL SECURITY ARCHIVE FUND, INC., AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL SECURITY ARCHIVE FUND, INC.. Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(Abdo, Alexander) (Entered: 01/14/2011)
2011-01-1853ORDER accepting 78 the parties' Joint Proposed Stipulation Regarding Processing of Office of Legal Counsel Memoranda. Signed by Judge Henry H. Kennedy, Jr. on January 18, 2011. (lchhk3) (Entered: 01/18/2011)
2011-02-16MINUTE ORDER granting 80 Motion to Withdraw as Counsel. Accordingly, attorney Melissa Goodman is hereby terminated from case 1:06-cv-00096-HHK and 1:06-cv-00214-HHK. Signed by Judge Henry H. Kennedy, Jr. on February 16, 2011. Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK (NP) (Entered: 02/16/2011)
2011-03-2154NOTICE of Filing by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE re (53 in 1:06-cv-00214-HHK) Order (Attachments: # 1 cover letter, # 2 portions of OLC 54, # 3 portions of OLC 131)Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(Berman, Marcia) (Entered: 03/21/2011)
2011-04-0856RESPONSE re 54 Notice (Other), Notice (Other) filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (znmw, ) (Entered: 04/18/2011)
2011-04-1555RESPONSE re 56 Def.'s Response to Plaintiffs' Response to Def.'s Notice of Filing by DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE Associated Cases: 1:06-cv-00096-HHK, 1:06-cv-00214-HHK(Berman, Marcia) Modified to add link on 4/18/2011 (znmw, ). (Entered: 04/15/2011)
2011-12-1557Case reassigned to Chief Judge Royce C. Lamberth. Judge Henry H. Kennedy no longer assigned to the case. (ds) (Entered: 12/16/2011)
2012-03-0158STATUS REPORT Defendant's Response to Plaintiffs' Status Report by DEPARTMENT OF JUSTICE. Associated Cases: 1:06-cv-00096-RCL, 1:06-cv-00214-RCL(Berman, Marcia) (Entered: 03/01/2012)
2014-03-3159MEMORANDUM re: Order on 35 Motion for Summary Judgment. Signed by Judge Royce C. Lamberth on March 31, 2014. (lcrcl5) (Entered: 03/31/2014)
2014-03-3160ORDER granting 35 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. Signed by Judge Royce C. Lamberth on March 31, 2014. (lcrcl5) (Entered: 03/31/2014)
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