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Case TitleCRISMAN et al v. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2012cv01871
Date Filed2012-11-19
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffNANCY GALE CRISMAN
PlaintiffNATIONAL SECURITY COUNSELORS
DefendantDEPARTMENT OF JUSTICE
DefendantBOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantOFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [62]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2012-11-191COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0090-3136288) filed by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Civil Cover Sheet)(McClanahan, Kelly) (Attachment 1 replaced on 11/20/2012) (jf, ). (Entered: 11/19/2012)
2012-11-192LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL SECURITY COUNSELORS (McClanahan, Kelly) (Main Document 2 replaced on 11/20/2012) (jf, ). (Entered: 11/19/2012)
2012-11-19Case Assigned to Judge Emmet G. Sullivan. (mmh) (Entered: 11/19/2012)
2012-11-203NOTICE (Summonses) by NANCY GALE CRISMAN re 1 Complaint, (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(McClanahan, Kelly) (Entered: 11/20/2012)
2012-11-214ELECTRONIC (6) SUMMONS Issued as to BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 11/21/2012)
2012-12-075RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM served on 11/26/2012; DEPARTMENT OF HOMELAND SECURITY served on 11/26/2012; DEPARTMENT OF JUSTICE served on 11/26/2012; OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE served on 11/26/2012, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/26/2012., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/28/2012. ( Answer due for ALL FEDERAL DEFENDANTS by 1/27/2013.) (Attachments: # 1 Exhibit A - USPS letter)(McClanahan, Kelly) Modified on 12/8/2012 (jf, ). (Entered: 12/07/2012)
2012-12-206NOTICE of Appearance by Oliver W. McDaniel on behalf of All Defendants (McDaniel, Oliver) (Entered: 12/20/2012)
2012-12-207Consent MOTION for Extension of Time to File Answer re 1 Complaint, by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 12/20/2012)
2012-12-20MINUTE ORDER granting 7 defendants' consent motion for extension of time to respond to the complaint. Defendants shall file their response to the complaint by no later than January 28, 2013. Signed by Judge Emmet G. Sullivan on December 20, 2012. (lcegs4) (Entered: 12/20/2012)
2012-12-27Set/Reset Deadlines: Answer due by 1/28/2013, (clv, ) (Entered: 12/27/2012)
2013-01-258MOTION for Extension of Time to File Answer re 1 Complaint, (Partial Consent) by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 01/25/2013)
2013-01-25MINUTE ORDER treating as partially opposed and granting over partial opposition 8 defendants' motion for extension of time to respond to the Complaint. Defendants shall respond to the Complaint by no later than February 21, 2013. Signed by Judge Emmet G. Sullivan on January 25, 2013. (lcegs4) (Entered: 01/25/2013)
2013-01-28Set/Reset Deadlines: Answer due by 2/21/2013, (clv, ) (Entered: 01/28/2013)
2013-02-219Consent MOTION for Extension of Time to File Answer re 1 Complaint, (until March 14, 2013) by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 02/21/2013)
2013-02-25MINUTE ORDER granting 9 consent motion for extension of time. Defendants shall file their responses to the complaint by no later than March 14, 2013. Signed by Judge Emmet G. Sullivan on February 25, 2013. (lcegs4) (Entered: 02/25/2013)
2013-03-1410Consent MOTION for Extension of Time to File Answer re 1 Complaint, (TWO-BUSINESS-DAY) by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 03/14/2013)
2013-03-15MINUTE ORDER granting 10 defendants' unopposed motion for extension of time to respond to Complaint. Defendants shall file their response to the Complaint by no later than March 18, 2013. Signed by Judge Emmet G. Sullivan on March 15, 2013. (lcegs4) (Entered: 03/15/2013)
2013-03-18Set/Reset Deadlines: Answer due by 3/18/2013, (clv, ) (Entered: 03/18/2013)
2013-03-1811ANSWER to Complaint by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.(McDaniel, Oliver) (Entered: 03/18/2013)
2013-03-1912ORDER FOR MEET AND CONFER REPORT. Attorney Meet and Confer Conference due by 4/09/2013. Meet & Confer Statement due by 4/16/2013. Signed by Judge Emmet G. Sullivan on 03/19/13. (mac) (Entered: 03/19/2013)
2013-04-1613Joint MOTION for Extension of Time to File Meet and Confer Report (until April 23, 2013) by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 04/16/2013)
2013-04-16MINUTE ORDER. Upon consideration of 13 the parties' joint motion for extension of time to submit a meet and confer report so that they may focus on settlement discussions, the motion is GRANTED. The parties shall file their meet and confer report by no later than April 25, 2013. Signed by Judge Emmet G. Sullivan on April 16, 2013. (lcegs4) (Entered: 04/16/2013)
2013-04-17Set/Reset Deadlines: Meet & Confer Statement due by 4/25/2013. (clv, ) (Entered: 04/17/2013)
2013-04-2514MEET AND CONFER STATEMENT. (McDaniel, Oliver) (Entered: 04/25/2013)
2013-04-26MINUTE ORDER. The Court, sua sponte, schedules a status hearing on May 1, 2013 at 12:15 PM in Courtroom 24A to discuss the parties' meet and confer report. Signed by Judge Emmet G. Sullivan on April 26, 2013. (lcegs4) (Entered: 04/26/2013)
2013-04-26Set/Reset Hearings: Status Conference set for 5/1/2013 12:15 PM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, ) (Entered: 04/26/2013)
2013-05-01Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 5/1/2013. Order To Be Issued. (Court Reporter SUSAN TYNER.) (mac) (Entered: 05/01/2013)
2013-05-02MINUTE ORDER. Upon consideration of the joint meet and confer statement, and pursuant to the parties' consent during the status hearing held on the record on May 1, 2013, the parties are directed to comply with the following schedule. The parties shall continue to engage in settlement negotiations until May 31, 2013. If at any point in time, they desire to have a mediator from the District Court's mediation program appointed to assist with settlement discussions, the parties shall electronically file a motion captioned "Joint Motion for Appointment of a Mediator." If this case settles in whole or in part, counsel are directed to notify the Court by filing a stipulation. In the event this case does not settle, defendants' motion for summary judgment shall be filed no later than July 15, 2013. To the extent applicable, defendants shall prepare and file a Vaughn index and the administrative record by no later than that same date. Plaintiffs' opposition shall be filed no later than August 15, 2013. If plaintiffs choose to file a cross-motion, it shall be combined with the opposition and filed on the same date. Defendants' reply and, if applicable, combined opposition shall be filed no later than September 16, 2013. Plaintiffs' reply, if applicable, shall be filed no later than October 1, 2013. These dates are firm and will not be moved absent exigent circumstances. SO ORDERED. Signed by Judge Emmet G. Sullivan on May 2, 2013. (lcegs4) (Entered: 05/02/2013)
2013-05-02Set/Reset Deadlines: Vaughn Indes and Administrative Record due by 7/15/2013; Summary Judgment Motion due by 7/15/13; response and Cross Motions due by 8/15/2013; reply and Response to Cross Motions due by 9/16/201;. Reply to Cross Motions due by 10/1/2013. (clv, ) (Entered: 05/02/2013)
2013-07-1215Consent MOTION for Extension of Time to Submit Briefing (by One Month) by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 07/12/2013)
2013-07-12MINUTE ORDER granting 15 defendants' consent motion for extension of briefing schedule so that the parties may continue to focus on settlement. If this case settles in whole or in part, counsel are directed to notify the Court by filing a stipulation. In the event this case does not settle, defendants' motion for summary judgment shall be filed no later than August 15, 2013. To the extent applicable, defendants shall prepare and file a Vaughn index and the administrative record by no later than that same date. Plaintiffs' opposition shall be filed no later than September 16, 2013. If plaintiffs choose to file a cross-motion, it shall be combined with the opposition and filed on the same date. Defendants' reply and, if applicable, combined opposition shall be filed no later than October 16, 2013. Plaintiffs' reply, if applicable, shall be filed no later than November 1, 2013. SO ORDERED. Signed by Judge Emmet G. Sullivan on July 12, 2013. (lcegs4) (Entered: 07/12/2013)
2013-07-12Set/Reset Deadlines: Summary Judgment Motion due by 8/15/13; Vaughn Index and administrative record due by 8/15/13; Response and Cross Motions due by 9/16/2013; Reply and Response to Cross Motions due by 10/16/2013. Reply to Cross Motions due by 11/1/2013.. (clv, ) (Entered: 07/12/2013)
2013-08-1516MOTION for Mediation (Circuit Executive's Alternative Dispute Resolution (ADR) Program) , MOTION to Stay Pending Resolution of ADR by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 08/15/2013)
2013-09-0317Memorandum in opposition to re 16 MOTION for Mediation (Circuit Executive's Alternative Dispute Resolution (ADR) Program) MOTION to Stay Pending Resolution of ADR filed by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Exhibit A - McDaniel-McClanahan email, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/03/2013)
2013-09-0918REPLY to opposition to motion re 16 MOTION for Mediation (Circuit Executive's Alternative Dispute Resolution (ADR) Program) MOTION to Stay Pending Resolution of ADR filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (McDaniel, Oliver) (Entered: 09/09/2013)
2013-09-11MINUTE ORDER. Pending before the Court is 16 Defendants' Motion for a Stay and Referral to this Court's Mediation Program, which plaintiffs strongly oppose. In light of the fact that plaintiffs do not agree to mediate, the Court is unwilling to waste the valuable time of a seasoned mediator. If at any future time the parties desire to have a mediator from the District Court's mediation program appointed to assist with settlement discussions, the parties shall electronically file a motion captioned "Joint Motion for Appointment of a Mediator." Accordingly, it is hereby ORDERED that defendants' motion is denied. It is FURTHER ORDERED that defendants' motion for summary judgment shall be filed no later than October 11, 2013.To the extent applicable, defendants shall prepare and file a Vaughn index and the administrative record by no later than that same date. Plaintiffs' opposition shall be filed no later than November 12, 2013. If plaintiffs choose to file a cross-motion, it shall be combined with the opposition and filed on the same date. Defendants' reply and, if applicable, combined opposition shall be filed no later than December 9, 2013. Plaintiffs' reply, if applicable, shall be filed no later than December 23, 2013. SO ORDERED.Signed by Judge Emmet G. Sullivan on September 11, 2013. (lcegs4) (Entered: 09/11/2013)
2013-09-12Set/Reset Deadlines: Defendant's Summary Judgment motions due by 10/11/2013. Defendant Vaughn Index due by 10/11/2013. Defendant Administrative Record due by 10/11/2013. Plaintiff Opposition to Motion for Summary Judgment due by 11/12/2013. Defendant's Reply to Motion for Summary Judgment due by 12/9/2013. Plaintiff's Replies due by 12/23/2013. (mac) (Entered: 09/12/2013)
2013-10-0119Consent MOTION to Stay Case Because of Lapse of Appropriations by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 10/01/2013)
2013-10-01MINUTE ORDER granting 19 unopposed request for stay of the proceedings in light of the government shutdown. The government shall notify the Court as soon as Congress has appropriated funds for the Department of Justice, shall request that the stay be lifted, and shall set forth proposed new deadlines in this matter commensurate with the duration of the lapse in appropriations. Signed by Judge Emmet G. Sullivan on October 1, 2013. (lcegs4) (Entered: 10/01/2013)
2013-10-02Case Stayed (mac) (Entered: 10/02/2013)
2013-10-2120NOTICE OF RESUMPTION OF GOVERNMENT OPERATIONS by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (McDaniel, Oliver) (Entered: 10/21/2013)
2013-10-22MINUTE ORDER. In view of the end of the government shut down, the parties are directed to file a proposed revised briefing schedule by no later than October 24, 2013. Signed by Judge Emmet G. Sullivan on October 22, 2013. (lcegs4) (Entered: 10/22/2013)
2013-10-2421WITHDRAWN PURSUANT TO 22 NOTICE OF WITHDRAWAL..... NOTICE OF JOINT PROPOSED BRIEFING SCHEDULE by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (McDaniel, Oliver) Modified on 10/28/2013 (jf, ). (Entered: 10/24/2013)
2013-10-2522NOTICE OF WITHDRAWAL OF NOTICE OF JOINT PROPOSED BRIEFING SCHEDULE by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 21 Notice (Other) (McDaniel, Oliver) (Entered: 10/25/2013)
2013-10-2523MOTION for Extension of Time to File Briefs (Partially Unopposed) by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 10/25/2013)
2013-10-2524NOTICE OF FILING DECLARATION OF DAVID M. HARDY by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 23 MOTION for Extension of Time to File Briefs (Partially Unopposed) (Attachments: # 1 Declaration of David M. Hardy and Exhibit A)(McDaniel, Oliver) (Entered: 10/25/2013)
2013-10-29MINUTE ORDER treating as partially opposed and granting over partial opposition 23 defendants' motion for extension of briefing schedule. Defendants' motion for summary judgment shall be filed by no later than December 2, 2013, and Vaughn indices/administrative records shall be filed by no later than that same date. Plaintiffs' opposition and cross motion, if any, shall be filed by no later than January 9, 2014. Defendants' reply and opposition to cross motion, if any, shall be filed by no later than February 11, 2014, and plaintiffs' reply in support of cross motion, if any, shall be filed by no later than February 25, 2104. No further extensions of time will be granted absent exigent circumstances. Signed by Judge Emmet G. Sullivan on October 29, 2013. (lcegs4) (Entered: 10/29/2013)
2013-10-29Set/Reset Deadlines: Defendant's Summary Judgment motion due by 12/2/2013. Administrative Record due by 12/2/2013. Plaintiff Response to Motion for Summary Judgment due by 1/9/2014. Defendant's Reply to Opposition due by 2/11/2014. Plaintiff Reply in Support of Cross Motion due by 2/25/2014. (mac) (Entered: 10/29/2013)
2013-12-0225Consent MOTION for Extension of Time to File Motion for Summary Judgment (for One Business Day) by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 12/02/2013)
2013-12-03MINUTE ORDER granting 25 consent motion for one day extension of time. Defendants shall file their summary judgment motion by no later than December 3, 2013. Signed by Judge Emmet G. Sullivan on December 3, 2013. (lcegs4) (Entered: 12/03/2013)
2013-12-03Set/Reset Deadlines: Defendant's Summary Judgment motion due by 12/3/2013. (mac) (Entered: 12/03/2013)
2013-12-0326MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Memorandum in Support)(McDaniel, Oliver) (Entered: 12/03/2013)
2013-12-0427MOTION for Leave to File Late Exhibits and a Statement Of Material Facts Not In Genuine Dispute In Support Of Defendants' Motion for Summary by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order, # 2 Ex. 1 (Stipulation of Dismissal), # 3 Ex. 2 (Other Complaint), # 4 Ex. 3 (2nd Declaration of David Hardy), # 5 Ex. 3 (Exhibits A - X of Hardy Dec.), # 6 Ex. 3 (Exhibit Z to Hardy Dec.), # 7 SEALED PER COUNSEL. . . . Ex. 4 (Declaration of James Holzer and Exhibits), # 8 Ex. 5 (Declaration of David Caperton and Exhibits), # 9 Ex. 6 (Declaration of Jennifer Hudson and Exhibits), # 10 Statement of Facts)(McDaniel, Oliver) Modified on 12/6/2013 (td, ). (Entered: 12/04/2013)
2013-12-0428SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Ex. 3 (Exhibit Y - Part 1 to Hardy Dec.), # 3 Ex. 3 (Exhibit Y - Part 2 to Hardy Dec.))(McDaniel, Oliver) (Entered: 12/04/2013)
2013-12-0429NOTICE OF FILING REDACTED EXHIBIT Y TO EXHIBIT 3, DECLARATION OF DAVID M. HARDY, IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 27 MOTION for Leave to File Late Exhibits and a Statement Of Material Facts Not In Genuine Dispute In Support Of Defendants' Motion for Summary , 26 MOTION for Summary Judgment (Attachments: # 1 Exhibit 3 (Ex. Y (redacted) to Hardy Dec. - Part 1), # 2 Exhibit 3 (Ex. Y (redacted) to Hardy Dec. - Part 2))(McDaniel, Oliver) (Entered: 12/04/2013)
2013-12-05MINUTE ORDER granting 27 defendants' motion for leave to late file statement of material facts and exhibits in support of the motion for 26 summary judgment. Defendants' statement of material facts and exhibits in support of motion for summary judgment are hereby deemed filed. Signed by Judge Emmet G. Sullivan on December 5, 2013. (lcegs4) (Entered: 12/05/2013)
2013-12-0531STATEMENT OF MATERIAL FACTS re 26 MOTION for Summary Judgment filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Exhibits, # 2 Exhibits)(jf, ) (Entered: 12/11/2013)
2013-12-0630NOTICE OF FILING CORRECTED EXHIBIT 4, DECLARATION OF JAMES HOLZER, IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 26 MOTION for Summary Judgment (Attachments: # 1 Exhibit 4 (Declaration of James Holzer and Exhibits))(McDaniel, Oliver) (Entered: 12/06/2013)
2013-12-0932SEALED ORDER re 28 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (This document is SEALED and only available to authorized persons) filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, DEPARTMENT OF HOMELAND SECURITY.(This document is SEALED and only available to authorized persons.)Signed by Judge Emmet G. Sullivan on 12/05/13.(zmac) (Entered: 12/11/2013)
2013-12-0933SEALED Exhibit Y re 31 STATEMENT OF MATERIAL FACTS re 26 MOTION for Summary Judgment filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, DEPARTMENT OF HOMELAND SECURITY. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Part 2)(zjf, ) (Entered: 12/17/2013)
2014-01-0934Consent MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 01/09/2014)
2014-01-13MINUTE ORDER granting 34 plaintiffs' consent motion for extension of time. Plaintiffs' opposition to defendants' motion for summary judgment shall be filed by no later than January 16, 2014. Signed by Judge Emmet G. Sullivan on January 13, 2014. (lcegs4) (Entered: 01/13/2014)
2014-01-13Set/Reset Deadlines: Plaintiff Opposition to Defendant'sMotion for Summary Judgment due by 1/16/2014. (mac) (Entered: 01/13/2014)
2014-01-1535MOTION to Stay re 26 MOTION for Summary Judgment by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Exhibit A - Ibrahim order, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 01/15/2014)
2014-01-2936Memorandum in opposition to re 35 MOTION to Stay re 26 MOTION for Summary Judgment filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (McDaniel, Oliver) (Entered: 01/29/2014)
2014-01-2937Cross MOTION for Briefing Schedule (New) by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 01/29/2014)
2014-02-0538REPLY to opposition to motion re 35 MOTION to Stay re 26 MOTION for Summary Judgment filed by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (McClanahan, Kelly) (Entered: 02/05/2014)
2014-02-0539Memorandum in opposition to re 37 Cross MOTION for Briefing Schedule (New) filed by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 02/05/2014)
2014-02-13MINUTE ORDER granting 35 plaintiffs' motion to stay and denying 37 defendants' cross motion for briefing schedule. "A trial court has broad discretion to stay all proceedings in an action pending the resolution of independent proceedings elsewhere." Hisler v. Gallaudet Univ., 344 F.Supp.2d29, 35 (D.D.C. 2004) (citing Landis v. North Am. Co., 299 U.S. 248, 254 (1936)). The court "must weigh competing interests and maintain an even balance," when determining when to stay a proceeding. Landis, 299 U.S. at 254. "The power to stay proceedings is... inherent in every court to control thedisposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants." Air Line Pilots Ass'n v. Miller, 523 U.S. 866, 879 n.6 (1998) (quoting Landis, 299 U.S. at 254-55). "Indeed, a trial court may, with propriety, find it is efficient for its own docket and the fairest course for the parties to enter a stay of an action before it pending resolution of independent proceedings which bear upon the case." IBT/HERE Employee Representatives Councilv. Gate Gourmet Div. Ams., 402 F.Supp.2d 289, 292 (D.D.C. 2005). For substantially the reasons stated in plaintiffs' motion to stay the case and reply in support thereof, the Court will, in the exercise of its sound discretion, STAY this case for a limited period of time, until April 22, 2014, in order to provide plaintiffs the opportunity to address Judge Alsup's unsealed, or partially unsealed, memorandum opinion in Ibrahim v. DHS, No. 06-545 (N.D. Cal.). Plaintiffs' opposition to defendants' motion for summary judgment and cross motion, if any, shall be filed by no later than April 22, 2014. Defendants' reply and opposition to cross motion, if any, shall be filed by no later than May 22, 2014, and plaintiffs' reply in support of cross motion, if any, shall be filed by no later than June 5, 2014. SO ORDERED. Signed by Judge Emmet G. Sullivan on February 13, 2014. (lcegs4) (Entered: 02/13/2014)
2014-04-1840MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/18/2014)
2014-04-18MINUTE ORDER treating as opposed and granting over objection 40 plaintiffs' motion for extension of time. Plaintiffs' opposition to defendants' motion for summary judgment shall be filed by no later than April 28, 2014. Signed by Judge Emmet G. Sullivan on April 18, 2014. (lcegs2) (Entered: 04/18/2014)
2014-04-24Set/Reset Deadlines: Plaintiff's Opposition to Defendant's Motion for Summary Judgment due by 4/28/2014. (mac) (Entered: 04/24/2014)
2014-04-2941Memorandum in opposition to re 26 MOTION for Summary Judgment filed by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Exhibit A - NSD response letter, # 2 Exhibit B - Jones-McClanahan appeal correspondence, # 3 Exhibit C - McClanahan-McDaniel email, # 4 Exhibit D - April 2004 transmittal notice, # 5 Exhibit E - May 2004 transmittal notice, # 6 Exhibit F - FRB-OPM notice of termination, # 7 Exhibit G - Ibrahim declarations, # 8 Exhibit H - Ibrahim opinion, # 9 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/29/2014)
2014-04-2942Consent MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment (Nunc Pro Tunc) by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/29/2014)
2014-04-30MINUTE ORDER granting, nunc pro tunc, 42 plaintiffs' motion for one day extension to file opposition to the government's motion for summary judgment. Signed by Judge Emmet G. Sullivan on April 30, 2014. (lcegs4) (Entered: 04/30/2014)
2014-05-1543MOTION to Modify the Current Briefing Schedule or, alternatively, , MOTION for Extension of Time to File Response/Reply (Partial Consent) by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 05/15/2014)
2014-05-2044NOTICE OF PLAINTIFFS' FULL CONSENT TO DEFENDANTS' MOTION TO MODIFY THE CURRENT BRIEFING SCHEDULE OR, ALTERNATIVELY, TO EXTEND THE TIME FOR DEFENDANTS TO FILE THEIR REPLY BRIEF by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 43 MOTION to Modify the Current Briefing Schedule or, alternatively, MOTION for Extension of Time to File Response/Reply (Partial Consent) (McDaniel, Oliver) (Entered: 05/20/2014)
2014-05-23MINUTE ORDER granting defendants' request to modify the briefing schedule. The revised schedule shall be as follows: by no later than June 10, 2014 Defendants shall file their Reply in Support of their First Motion for Summary Judgment (MSJ) and Second MSJ; by no later than July 14, 2014 Plaintiffs shall file their Second Opposition and, if applicable, Cross-Motion for Summary Judgment; by no later than August 12, 2014 Defendants shall file their Reply in support of their Second MSJ and, if applicable, Cross-Opposition; by no later than September 5, 2014, plaintiffs shall file their Reply in support of their Cross-Motion, if applicable. Signed by Judge Emmet G. Sullivan on May 23, 2014. (lcegs4) (Entered: 05/23/2014)
2014-05-23Set/Reset Deadlines: Defendants Shall File Reply In Support of First And Second Motion For Summary Judgment due by 6/10/14. Plaintiff's Shall File Their Second Opposition And If Applicable, Cross Motion For Summary Judgment ue by 7/14/14. Defendants Shall File Their Reply In Support Of Their Second Motion For Summary Judgment And, If Applicable, Cross-Oppostion due by 8/12/14. Plaintiffs Shall File Their Reply In Support Of Their Cross-Motion, If Applicable, due by 9/5/14. (mac) (Entered: 05/23/2014)
2014-06-1045REPLY to opposition to re 26 First Motion for SUmmary Judgment filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (McDaniel, Oliver) Modified on 6/11/2014 (jf, ). (Entered: 06/10/2014)
2014-06-1046Second MOTION for Summary Judgment and to Dismiss by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Memorandum in Support)(McDaniel, Oliver) (Entered: 06/11/2014)
2014-06-11Case reassigned to Judge Tanya S. Chutkan. Judge Emmet G. Sullivan no longer assigned to the case. (ztnr, ) (Entered: 06/11/2014)
2014-07-1447Consent MOTION for Extension of Time to File Response/Reply as to 46 Second MOTION for Summary Judgment and to Dismiss by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/14/2014)
2014-07-1448NOTICE of Circumstances Necessitating Requested Modification of Briefing Schedule by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 47 Consent MOTION for Extension of Time to File Response/Reply as to 46 Second MOTION for Summary Judgment and to Dismiss (McDaniel, Oliver) (Entered: 07/14/2014)
2014-07-3149Consent MOTION for Extension of Time to File Response/Reply as to 46 Second MOTION for Summary Judgment and to Dismiss by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/31/2014)
2014-08-15MINUTE ORDER: Finding as moot 47 Consent Motion for Extension of Time to File Response/Reply ; Granting 49 Consent Motion for Extension of Time to File Response/Reply ; Set/Reset Deadlines: Plaintiffs' Response due by 8/18/2014. Defendants' Reply due by 9/30/2014. Plaintiffs' Reply due by 10/21/2014. Signed by Judge Tanya S. Chutkan on 8/15/14. (djs) (Entered: 08/15/2014)
2014-08-1950Memorandum in opposition to re 46 Second MOTION for Summary Judgment and to Dismiss filed by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Exhibit A - Watchlisting Guidance, # 2 Exhibit B - National Foreign Intelligence Program Manual, # 3 Exhibit C - 2003 QFR responses, # 4 Exhibit D - Crisman declaration, # 5 Exhibit E - 2009 QFR responses, # 6 Exhibit F - 1999 delegation memo, # 7 Exhibit G - Crisman JMD response, # 8 Exhibit H - NSC JMD response, # 9 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/20/2014)
2014-08-2051NOTICE of Filing Corrected Exhibit by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS re 50 Memorandum in Opposition,, (Attachments: # 1 Exhibit D - Crisman declaration)(McClanahan, Kelly) (Entered: 08/20/2014)
2014-09-0952MOTION for Leave to File Additional Exhibits by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Exhibit I - VGTOF EC, # 2 Exhibit J - May 2001 AG memo, # 3 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/09/2014)
2014-09-0953ERRATA by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS 52 MOTION for Leave to File Additional Exhibits filed by NATIONAL SECURITY COUNSELORS, NANCY GALE CRISMAN. (McClanahan, Kelly) (Entered: 09/09/2014)
2014-09-2654Consent MOTION for Extension of Time to File Response/Reply as to 46 Second MOTION for Summary Judgment and to Dismiss , MOTION for Extension of Time to File Opposition to 52 Plaintiffs' Motion for Leave to File Additional Exhibits by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 09/26/2014)
2014-09-27MINUTE ORDER: Granting 54 Consent Motion for Extension of Time to File. Defendants' Combined Reply Memorandum Supporting their Second Motion for Summary Judgment and their Opposition to Plaintiff's Motion shall be filed not later than 10/3/2014. Signed by Judge Tanya S. Chutkan on 9/27/14. (DJS) (Entered: 09/27/2014)
2014-09-29Set/Reset Deadlines: Defendant's Reply Memorandum supporting their Second Motion for Summary Judgment and their Opposition to Plaintiff's Motion due by 10/3/2014. (sm) (Entered: 09/29/2014)
2014-10-0355Memorandum in opposition to re 52 MOTION for Leave to File Additional Exhibits filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (McDaniel, Oliver) (Entered: 10/03/2014)
2014-10-0356REPLY to opposition to motion re 46 Second MOTION for Summary Judgment and to Dismiss and Supplemental Memorandum filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (McDaniel, Oliver) (Entered: 10/03/2014)
2014-10-1557REPLY to opposition to motion re 52 MOTION for Leave to File Additional Exhibits filed by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Exhibit A)(McClanahan, Kelly) (Entered: 10/15/2014)
2015-07-2158NOTICE of Change of Address by Kelly Brian McClanahan (McClanahan, Kelly) (Entered: 07/21/2015)
2015-08-2059NOTICE OF SUPPLEMENTAL AUTHORITY by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Exhibit K - DOJ guidance)(McClanahan, Kelly) (Entered: 08/20/2015)
2016-05-2760NOTICE OF SUBSTITUTION OF COUNSEL by Brian J. Field on behalf of All Defendants Substituting for attorney Oliver W. McDaniel (Field, Brian) (Entered: 05/27/2016)
2018-04-1961Unopposed MOTION for Hearing Status Conference by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) Modified event title on 4/23/2018 (znmw). (Entered: 04/19/2018)
2018-09-1862MEMORANDUM AND OPINION regarding 26 Defendants' First Motion for Summary Judgment, 46 Defendants' Second Motion for Summary Judgment and to Dismiss, and 52 Plaintiffs' Motion for Leave to File Additional Exhibits. Signed by Judge Tanya S. Chutkan on 9/18/2018. (lctsc2). (Entered: 09/18/2018)
2018-09-1863ORDER: Granting in part and denying in part Defendants' 26 First Motion for Summary Judgment and 46 Second Motion for Summary Judgment and to Dismiss. The order also grants 52 Plaintiffs' Motion for Leave to File Additional Exhibits. The Department of Justice is hereby ordered to submit a declaration that provides more details regarding the application of the deliberative process and work product privileges to the information withheld pursuant to Exemption (b)(5). This declaration is due by October 2, 2018. Signed by Judge Tanya S. Chutkan on 9/18/2018. (lctsc2). Modified on 9/19/2018 (DJS). (Entered: 09/18/2018)
2018-09-25MINUTE ORDER: Denying 61 without prejudice Plaintiffs' Motion for Hearing. Signed by Judge Tanya S. Chutkan on 9/25/18. (DJS) (Entered: 09/25/2018)
2018-09-2864MOTION for Extension of Time to File Supplemental Declaration by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Field, Brian) (Entered: 09/28/2018)
2018-10-01MINUTE ORDER: Defendants' 64 Motion for Extension of Time is hereby GRANTED. The Department of Justice shall submit its supplemental declaration concerning Exemption (b)(5) by November 2, 2018. Signed by Judge Tanya S. Chutkan on 10/1/2018. (lctsc2). (Entered: 10/01/2018)
2018-10-02Set/Reset Deadlines: Supplemental declaration due by 11/2/2018. (tb) (Entered: 10/02/2018)
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