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Case TitleAmerican Civil Liberties Union et al v. United States Department of Justice
DistrictSouthern District of New York
CityFoley Square
Case Number1:2013cv07347
Date Filed2013-10-17
Date Closed2017-05-03
JudgeJudge Gregory H. Woods
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
Case DescriptionThe ACLU submitted a FOIA request to the Justice Department for records concerning the government's use of evidence derived from surveillance authorized by the FISA Amendments Act. The ACLU requested expedited processing, a fee waiver, and to be placed in the news media fee category. The National Security Division and the Criminal Division granted expedited processing but the ACLU heard nothing further from those components. The Executive Office for U.S. Attorneys denied expedited processing. The ACLU appealed that decision to the Office of Information Policy, which granted expedited processing. The FBI denied the request saying it was too vague. The ACLU appealed to OIP, but did not hear back before filing suit.
Complaint issues: improper withholding, enjoin agency from assessing fees, attorney's fees

DefendantUnited States Department of Justice
Documents
Docket
Complaint
Opinion/Order [35]
FOIA Project Annotation: A federal court in New York has ruled that with one exception the Department of Justice conducted an adequate search for records concerning when the agency believes it is obligated to notify a criminal defendant that it intends to introduce evidence derived from warrantless surveillance at the defendant's trial. In a 2012 brief to the Supreme Court, the Solicitor General argued that criminal defendants would be able to challenge the use of evidence derived from warrantless surveillance at trial. But it was not until 2013 that the government actually provided such a notice to a defendant. This change prompted the ACLU to request records of this policy from the National Security Division at the Justice Department. The agency found some records, but withheld them under Exemption 5 (privileges). The ACLU argued that NSD had improperly limited its search to one part of its request by reading the term "governing" into one part of the ACLU's request asking for "legal memoranda or opinions addressing or interpreting the notice provisions." The court pointed out that "DOJ is bound to read the ACLU's request as drafted, and because Part 3 seeks records 'addressing or interpreting,' rather than 'governing,' NSD improperly limited its search under Part 3. DOJ is ordered to conduct a new search that comports with the actual terms of Part 3 of the ACLU's request and to release any responsive records that do not fall under a FOIA exemption." Noting that the agency's Vaughn index containing its justification for withholding records under Exemption 5 was insufficient, the court indicated that it after reviewing them in camera it agreed with all the agency's privilege claims. The ACLU argued that the privileges had been waived by adoption or because they contained the working law of the agency. The court disagreed and suggested that DOJ may not have come to a final policy decision. The court pointed out that "if DOJ decides not to create a document outlining its effective law and policy on this issue, that decision does not automatically convert an earlier, pre-decisional, deliberative document into 'working law.'"
Issues: Exemption 5 - Privileges - Waiver of privilege, Adequacy - Search
Opinion/Order [61]
FOIA Project Annotation: A federal court in New York has ruled that the Justice Department did not waive the attorney work-product privilege for records concerning the use of evidence obtained by warrantless surveillance cases. In a case brought by the ACLU, Judge Gregory Woods had previously ruled that by reading the word "governing" into the ACLU's request DOJ had improperly limited its search. He ordered a broader search of the National Security Division and EOUSA. The second search yielded no further records. DOJ withheld a number of records under Exemption 5 (privileges), primarily citing the attorney work-product privilege, but also claiming the deliberative process privilege. The ACLU argued the records were not protected under the attorney work-product privilege to the extent they constituted the working law of the agency. The ACLU relied on New York Times v. Dept of Justice, 138 F. Supp. 3d 462 (S.D.N.Y. 2015), in which the district court had found that an agency's adoption by reference acted as a waiver of the attorney work-product privilege. While Woods agreed that New York Times was a reasonable extension of Second Circuit precedent on waiver of privilege like National Council of La Raza v. Dept of Justice, 411 F.3d 350 (2d Cir. 2005), and Brennan Center for Justice v. Dept of Justice, 697 F.3d 184 (2d Cir. 2012), he explained that the adoption by reference exception was different than the working law exception. Woods noted that "the public adoption of documents by an agency is akin to the waiver of a privilege. Documents that constitute an agency's working law, however, unlike those adopted by an agency, are not pointed to publicly, or relied upon by the agency to assert a claim or defense. The working law doctrine, unlike adoption, simply does not present a cognate to the waiver of the attorney-client or work product privileges. The ACLU has not argued that DOJ expressly adopted any of the documents at issue and thereby waived any privilege applicable to them." The ACLU argued the agency had not shown that the records were created in anticipation of litigation. Here, however, Woods cited to National Association of Criminal Defense Lawyers v. Dept of Justice, a 2016 D.C. Circuit decision on the attorney work-product privilege, to conclude that the records in dispute were created specifically to be used in litigating cases involving evidence obtained from warrantless surveillance. Woods found that NSD had conducted a sufficient segregability analysis for one document, but ordered NSD and EOUSA to review all other documents for segregability and provide supplemental affidavits.
Issues: Exemption 5 - Privileges - Waiver of privilege, Exemption 5 - Privileges - Attorney work-product privilege
Opinion/Order [69]
FOIA Project Annotation: Applying its previous finding that records concerning the Justice Department's policy regarding the provision of notice to criminal defendants and others against whom it intends to use evidence derived from warrantless surveillance authorized under the FISA Amendments Act were protected by the work-product privilege under Exemption 5 (privileges), a federal court in New York has ruled that the remainder of the records are also protected by the attorney work-product privilege and that there are no segregable portions that could be disclosed. In his previous ruling, Judge Gregory Woods found the records were privileged, but indicated that DOJ had not adequately justified its claims of privilege as to several of the memos and that the issue of segregability had not been addressed at all. Woods relied on the D.C. Circuit's ruling in National Association of Criminal Defense Lawyers v. Dept of Justice, 844 F.3d 246 (D.C. Cir. 2016), in which the D.C. Circuit found that the entire Federal Criminal Discovery Bluebook was protected by the attorney work-product privilege. Woods explained that the new DOJ affidavits showed that "the documents were prepared in anticipation of litigation in which DOJ's notice obligations under the FAA will potentially be at issue, and that the documents 'would not have been prepared in substantially similar form but for the prospect of that litigation.'" In NACDL, the D.C. Circuit had observed that records that were divided into discrete sections were more likely to be susceptible to segregation. But here, he noted that DOJ had shown that "the documents at issue are not comprised of logically divisible sections which lend themselves to the reasonable segregability of exempt from non-exempt materials."
Issues: Exemption 5 - Privileges - Attorney work-product privilege compiled in anticipation of litigation, Litigation - Segregability analysis
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-10-171COMPLAINT against United States Department of Justice. (Filing Fee $ 350.00, Receipt Number 465401079194)Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(msa) (Entered: 10/22/2013)
2013-10-17SUMMONS ISSUED as to United States Department of Justice, U.S. Attorney and U.S. Attorney General. (msa) (Entered: 10/22/2013)
2013-10-17Case Designated ECF. (msa) (Entered: 10/22/2013)
2013-10-17Magistrate Judge Andrew J. Peck is so designated. (msa) (Entered: 10/22/2013)
2013-10-232RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 10/23/2013)
2013-10-243AFFIDAVIT OF SERVICE of Summons served on United States Department of Justice on 10/24/2013. Service was made by MAIL. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 10/24/2013)
2013-10-244AFFIDAVIT OF SERVICE of Summons served on Eric H. Holder, Attorney General of the United States on 10/24/2013. Service was made by MAIL. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 10/24/2013)
2013-10-245AFFIDAVIT OF SERVICE of Summons served on United States Attorney for the Southern District of New York on 10/24/2013. Service was made by MAIL. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 10/24/2013)
2013-12-026ANSWER to 1 Complaint. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 12/02/2013)
2014-01-027PRETRIAL ORDER: The above entitled action has been assigned to Judge Robert W. Sweet for all purposes. Counsel are directed to meet and discuss settlement, pretrial discovery and all preliminary matters. If this action has been settled or otherwise terminated, counsel are directed to file or mail a stipulation of discontinuance, voluntary dismissal, or other proof of termination of the action prior to the date of the pretrial conference with Tsz Chan, Courtroom Clerk to Judge Sweet, Room 18C, U.S. Courthouse, 500 Pearl Street, New York, New York 10007; otherwise counsel are directed to appear in courtroom 18C on 1/15/2014 for a pretrial conference for the reason set forth herein. Plaintiff(s)' counsel ARE REQUIRED TO NOTIFY COUNSEL FOR ALL PARTIES OF THIS CONFERENCE. (See Order). (Pretrial Conference set for 1/15/2014 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 1/2/2014) (ja) (Entered: 01/02/2014)
2014-01-148JOINT LETTER MOTION to Adjourn Conference scheduled for Jan. 15, 2014, addressed to Judge Robert W. Sweet from Benjamin H. Torrance dated January 14, 2014. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 01/14/2014)
2014-01-169ORDER granting 8 Letter Motion to Adjourn Conference. So ordered. (Signed by Judge Robert W. Sweet on 1/14/2014) (ja) (Entered: 01/16/2014)
2014-04-04NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Robert W. Sweet is no longer assigned to the case. (pgu) (Entered: 04/04/2014)
2014-04-0410ORDER: The parties are hereby ORDERED to submit a joint letter to the Court updating the Court on the status of the case by April 30, 2014. The letter should address the status of the stipulation referenced in the parties' joint application to the Court of January 14, 2014. (Signed by Judge Gregory H. Woods on 4/4/2014) (djc) (Entered: 04/04/2014)
2014-04-3011JOINT LETTER addressed to Judge Gregory H. Woods from Patrick C. Toomey dated April 30, 2014 re: Case Status, Conference, and Schedule. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 04/30/2014)
2014-05-02Minute Entry. The Court has scheduled a Telephone Conference for 5/5/2014 at 09:30 AM. (Daniels, Anthony) (Entered: 05/02/2014)
2014-05-05Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 5/5/2014. (Court Reporter Bill Richards) (Daniels, Anthony) (Entered: 05/05/2014)
2014-05-0512MEMO ENDORSEMENT on re: 11 Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation. ENDORSEMENT: As discussed on the telephone conference of May 5, 2014, the parties shall jointly notify the Court by May 12, 2014 regarding the status of the EOUSA's processing of the request. Briefing on the NSD issue shall proceed by the schedule proposed by the parties. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/5/2014) (djc) (Entered: 05/05/2014)
2014-05-05Set/Reset Deadlines: ( Cross Motions due by 7/18/2014. Motions due by 6/20/2014. Responses due by 8/15/2014, Replies due by 8/29/2014.) (djc) (Entered: 05/07/2014)
2014-05-1213LETTER addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated May 12, 2014 re: update on deadline for production. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 05/12/2014)
2014-05-1214MEMO ENDORSEMENT on re: 13 Letter filed by United States Department of Justice. As discussed at a status conference on May 5, 2014, the Court has directed counsel for the parties to confer regarding plaintiffs' request for documents from the United States Attorney's Offices in the District of Colorado and the District of Oregon. The government agrees that the search, processing, and production of those documents is to be completed by May 30, 2014. ENDORSEMENT: The May 30, 2014 deadline for the production of documents is SO ORDERED. (Signed by Judge Gregory H. Woods on 5/12/2014) (ama) (Entered: 05/12/2014)
2014-06-1115LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated June 11, 2014. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 06/11/2014)
2014-06-1316ORDER granting 15 Letter Motion for Extension of Time. Application granted. The government's motion for summary judgment is due July 25, 2014; the ACLU's cross motion and opposition is due August 22, 2014; the government's opposition and reply is due September 5, 2014; and the ACLU's reply is due September 19, 2014. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 06/13/2014)
2014-07-2517MOTION for Partial Summary Judgment . Document filed by United States Department of Justice. Responses due by 8/22/2014(Torrance, Benjamin) (Entered: 07/25/2014)
2014-07-2518MEMORANDUM OF LAW in Support re: 17 MOTION for Partial Summary Judgment . . Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 07/25/2014)
2014-07-2519DECLARATION of Mark A. Bradley in Support re: 17 MOTION for Partial Summary Judgment .. Document filed by United States Department of Justice. (Attachments: # 1 Exhibit index of documents)(Torrance, Benjamin) (Entered: 07/25/2014)
2014-07-2520DECLARATION of Benjamin H. Torrance in Support re: 17 MOTION for Partial Summary Judgment .. Document filed by United States Department of Justice. (Attachments: # 1 Exhibit Mohamud Discovery Memo, # 2 Exhibit OIP Letter)(Torrance, Benjamin) (Entered: 07/25/2014)
2014-07-2521DECLARATION of Zeyen J. Wu in Support re: 17 MOTION for Partial Summary Judgment .. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 07/25/2014)
2014-07-2522DECLARATION of Charles F. Gorder, Jr. in Support re: 17 MOTION for Partial Summary Judgment .. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 07/25/2014)
2014-08-2223MOTION for Partial Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 08/22/2014)
2014-08-2224MEMORANDUM OF LAW in Support re: 23 MOTION for Partial Summary Judgment . and in Opposition to Defendant's Motion for Partial Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 08/22/2014)
2014-08-2225DECLARATION of Patrick Toomey in Support re: 23 MOTION for Partial Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A-G, # 2 Exhibit H, # 3 Exhibit I, # 4 Exhibit J)(Toomey, Patrick) (Entered: 08/22/2014)
2014-09-0526MEMORANDUM OF LAW in Opposition re: 17 MOTION for Partial Summary Judgment ., 23 MOTION for Partial Summary Judgment . Reply Mem. in support of government's motion . Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 09/05/2014)
2014-09-0527DECLARATION of Mark A. Bradley in Opposition re: 17 MOTION for Partial Summary Judgment ., 23 MOTION for Partial Summary Judgment .. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 09/05/2014)
2014-09-0528DECLARATION of John B. Wiegmann in Opposition re: 17 MOTION for Partial Summary Judgment ., 23 MOTION for Partial Summary Judgment .. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 09/05/2014)
2014-09-1929REPLY MEMORANDUM OF LAW in Support re: 23 MOTION for Partial Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 09/19/2014)
2014-09-1930DECLARATION of Patrick Toomey in Support re: 23 MOTION for Partial Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A)(Toomey, Patrick) (Entered: 09/19/2014)
2014-10-0831LETTER addressed to Judge Gregory H. Woods from Patrick Toomey dated October 8, 2014 re: Supplemental Authorities. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 10/08/2014)
2014-10-1632LETTER addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated October 16, 2014 re: response to supplemental authorities. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 10/16/2014)
2014-12-2333LETTER addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated December 23, 2014 re: supplemental authority. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 12/23/2014)
2014-12-2934LETTER addressed to Judge Gregory H. Woods from Patrick Toomey dated December 29, 2014 re: Response to supplemental authority. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 12/29/2014)
2015-02-05Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 2/5/2015. (Court Reporter Khris Sellin) (Daniels, Anthony) (Entered: 02/05/2015)
2015-03-0335MEMORANDUM OPINION AND ORDER re: 17 MOTION for Partial Summary Judgment, filed by United States Department of Justice, 23 MOTION for Partial Summary Judgment, filed by American Civil Liberties Union, American Civil Liberties Union Foundation. The ACLU's motion for summary judgment based on the scope of DOJ's search is GRANTED IN PART as described above. The Court orders DOJ to conduct a new search for the documents requested in Part 3, without limiting that search to "governing" documents, and to release any responsive records that do not fall under a FOIA exemption. To the extent that the ACLU's motion challenges other aspects of DOJ's search, it is DENIED IN PART. The government's motion for summary judgment based on the applicability of Exemption 5 to the documents listed in the government's Vaughn index is GRANTED. The ACLU's cross-motion on that issue is DENIED. The Clerk of Court is directed to terminate the motions pending at docket numbers 17 and 23 and to close this case. (Signed by Judge Gregory H. Woods on 3/3/2015) (kko) (Entered: 03/03/2015)
2015-03-03Transmission to Judgments and Orders Clerk. Transmitted re: 35 MEMORANDUM OPINION AND ORDER, to the Judgments and Orders Clerk. (kko) (Entered: 03/03/2015)
2015-03-0536LETTER addressed to Judge Gregory H. Woods from Patrick Toomey dated March 5, 2015 re: Case Closing. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 03/05/2015)
2015-03-0537CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum Opinion and Order dated March 3, 2015, the ACLU's motion for summary judgment based on the scope of DOJ's search is granted in part as described in that Order; the Court orders DOJ to conduct a new search for the documents requested in Part 3, without limiting that search to governing documents, and to release any responsive records that do nor fall under a FOIA exemption; to the extent that the ACLU's motion challenge other aspects of DOJ's search, it is denied in part; the government's motion for summary judgment based on the applicability of Exemption 5 to the documents listed in the government's Vaughn index is granted; the ACLU's cross-motion on that issue is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/5/2015) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Entered: 03/05/2015)
2015-03-0538ORDER: As discussed during a telephone conference on March 5, 2015, this case will be reopened to enable the parties to litigate an outstanding issue: the search for records in U.S. Attorney's Offices other than those previously searched. The Court will hold a status conference on Thursday, April 2, 2015 at 3:00 p.m. The parties are ordered to confer regarding the government's compliance with the Court's March 3, 2015 order and the search of additional U.S. Attorney's Offices and to submit a joint status letter no later than March 26, 2015. The Clerk of Court is ordered to restore this case to the Court's active calendar. (Status Conference set for 4/2/2015 at 03:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 3/5/2015) (kko) (Entered: 03/05/2015)
2015-03-05Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 3/5/2015. (Court Reporter Khris Sellin) (Daniels, Anthony) (Entered: 03/16/2015)
2015-03-2039JOINT LETTER addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated March 20, 2015 re: Joint Status Report. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 03/20/2015)
2015-04-02Minute Entry for proceedings held before Judge Gregory H. Woods: Status Conference held on 4/2/2015. (Court Reporter Alena Lynch) (Daniels, Anthony) (Entered: 04/02/2015)
2015-04-0340ORDER: As discussed during an April 2, 2015 conference, the parties are ordered to submit to the Court a joint letter regarding the status of this case no later than April 16, 2015. If the parties are unable to negotiate and agree upon a stipulation regarding the ongoing searches before that time, the parties shall include in the letter a set of firm dates by which the government can produce the documents requested by the ACLU, and, if necessary, the parties shall propose a briefing schedule to resolve any disputes regarding the scope of the request. (Signed by Judge Gregory H. Woods on 4/3/2015) (kko) (Entered: 04/03/2015)
2015-04-1641LETTER addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated April 16, 2015 re: status report. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 04/16/2015)
2015-04-1742MEMO ENDORSEMENT on re: 41 Letter re: status report filed by United States Department of Justice. ENDORSEMENT: The government is ordered to produce to the ACLU all responsive documents it intends to disclose, if any, as well as a Vaughn index for any withheld documents, no later than August 21, 2015. The parties shall submit a joint letter no later than August 28, 2015, confirming that the searches and production are complete and notifying the Court as to whether any motions are anticipated or if the case should be closed at that time. If production is complete or an agreement is reached before August 21, 2015, the parties should notify the Court within one week of any such change in status. (Signed by Judge Gregory H. Woods on 4/17/2015) (kko) (Entered: 04/17/2015)
2015-08-2743LETTER MOTION for Extension of Time and status report regarding search and production of documents addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated August 27, 2015. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 08/27/2015)
2015-08-2744ORDER granting 43 Letter Motion for Extension of Time. Application granted. The deadline for the parties' joint letter is extended to September 16, 2015. The Clerk of Court is directed to terminate the motion pending at Docket Number 43. (Signed by Judge Gregory H. Woods on 8/27/2015) (mro) (Entered: 08/27/2015)
2015-09-1645LETTER addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated Sept. 16, 2015 re: schedule for upcoming cross-motions. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 09/16/2015)
2015-09-21Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 9/21/2015. (Court Reporter Paula Speer) (Daniels, Anthony) (Entered: 09/21/2015)
2015-09-2246ORDER: As discussed during a telephone conference on September 22, 2015, the ACLU's deadline to identify to the government the documents whose withholding it is challenging is October 2, 2015. The government's deadline to file a motion for summary judgment is November 23, 2015; the ACLU's opposition and cross-motion for summary judgment is due no later than December 22, 2015; the government's reply in support of its motion and opposition to the ACLU's cross-motion is due no later than January 15, 2016; and the ACLU's reply in support of its cross-motion is due no later than January 29, 2016. (Cross Motions due by 12/22/2015. Motions due by 11/23/2015. Responses due by 1/15/2016, Replies due by 1/29/2016.) (Signed by Judge Gregory H. Woods on 9/22/2015) (kko) (Entered: 09/22/2015)
2015-11-2347MOTION for Summary Judgment . Document filed by United States Department of Justice. Responses due by 12/22/2015(Torrance, Benjamin) (Entered: 11/23/2015)
2015-11-2348MEMORANDUM OF LAW in Support re: 47 MOTION for Summary Judgment . . Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 11/23/2015)
2015-11-2349DECLARATION of Mark A. Bradley in Support re: 47 MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Attachments: # 1 Index of documents)(Torrance, Benjamin) (Entered: 11/23/2015)
2015-11-2350DECLARATION of John Kornmeier in Support re: 47 MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 11/23/2015)
2015-11-2351DECLARATION of Vanessa R. Brinkmann in Support re: 47 MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 11/23/2015)
2015-12-2252MOTION for Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 12/22/2015)
2015-12-2253MEMORANDUM OF LAW in Support re: 52 MOTION for Summary Judgment . and in Opposition to Defendant's Motion for Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 12/22/2015)
2015-12-2254DECLARATION of Patrick Toomey in Support re: 52 MOTION for Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A-K)(Toomey, Patrick) (Entered: 12/22/2015)
2016-01-1555REPLY MEMORANDUM OF LAW in Support re: 47 MOTION for Summary Judgment . and in opposition to plaintiff's mot. for s.j. 52 . Document filed by United States Department of Justice. (Attachments: # 1 Smith Decl.)(Torrance, Benjamin) (Entered: 01/15/2016)
2016-01-2956REPLY MEMORANDUM OF LAW in Support re: 52 MOTION for Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 01/29/2016)
2016-03-1157LETTER addressed to Judge Gregory H. Woods from Patrick Toomey dated March 11, 2016 re: Cross-motions for summary judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 03/11/2016)
2016-03-1658LETTER addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated March 16, 2016 re: Cross-motions for summary judgment. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 03/16/2016)
2016-08-3159MOTION for Jameel Jaffer to Withdraw as Attorney . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Jaffer, Jameel) (Entered: 08/31/2016)
2016-09-0160ORDER granting 59 Motion to Withdraw as Attorney. Mr. Jameel Jaffer is granted leave to withdraw as counsel for plaintiff. The Clerk of Court is instructed to remove Mr. Jaffer from the list of counsel in this case. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 09/01/2016)
2016-09-2761MEMORANDUM OPINION AND ORDER re: 52 MOTION for Summary Judgment filed by American Civil Liberties Union, American Civil Liberties Union Foundation, 47 MOTION for Summary Judgment filed by United States Department of Justice. For the reasons stated above, DOJ's motion for summary judgment is GRANTED IN PART and DENIED IN PART without prejudice. The ACLU's cross-motion is GRANTED insofar as it challenges the adequacy of DOJ's Vaughn submissions on behalf of EOUSA and with respect to NSD Doc. No. 7, and is otherwise DENIED. The denial of the ACLU's motion is without prejudice to the extent that the motion challenges the withholding of documents by EOUSA and NSD Doc. No. 7. DOJ is directed to submit revised Vaughn submissions addressing the documents withheld by EOUSA and NSD Doc. No. 7 and a segregability analysis addressing the NSD documents the Court has found to be within the scope of Exemption 5, along with a renewed motion for partial summary judgment no later than November 14, 2016. The ACLU may file a renewed cross-motion for summary judgment with respect to the documents withheld by EOUSA and NSD Doc. No. 7 no later than 30 days from the date of service of DOJ's renewed motion. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 47 and 52. (As further set forth in this Order.) (Motions due by 11/14/2016.) (Signed by Judge Gregory H. Woods on 9/27/2016) (kko) (Entered: 09/27/2016)
2016-11-1462MOTION for Summary Judgment . Document filed by United States Department of Justice. Responses due by 12/14/2016(Torrance, Benjamin) (Entered: 11/14/2016)
2016-11-1463DECLARATION of John W. Kornmeier in Support re: 62 MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 11/14/2016)
2016-11-1464DECLARATION of Susan L. Kim in Support re: 62 MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 11/14/2016)
2016-11-1465MEMORANDUM OF LAW in Support re: 62 MOTION for Summary Judgment . . Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 11/14/2016)
2016-12-1466MEMORANDUM OF LAW in Opposition re: 62 MOTION for Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 12/14/2016)
2017-01-1367MOTION for Alexander Abdo to Withdraw as Attorney . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Abdo, Alexander) (Entered: 01/13/2017)
2017-01-1768MEMO ENDORSEMENT on MOTION OF ALEX ABDO TO WITHDRAW AS COUNSEL. ENDORSEMENT: Mr. Alex Abdo is granted leave to withdraw as counsel for plaintiff. The Clerk of Court is instructed to remove Mr. Abdo from the list of counsel in this case. The Clerk of Court is further directed to terminate the motion pending at Dkt. No. 67. So ordered. Granting 67 Motion to Withdraw as Attorney. Attorney Alexander Abraham Abdo terminated. (Signed by Judge Gregory H. Woods on 1/17/2017) (rjm) (Entered: 01/17/2017)
2017-05-0269MEMORANDUM OPINION AND ORDER re: 62 MOTION for Summary Judgment filed by United States Department of Justice. For the reasons stated above, the DOJ's motion for summary judgment (Dkt. No. 62) is GRANTED. The Clerk of Court is directed to terminate all pending motions and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/2/2017) (anc) (Entered: 05/02/2017)
2017-05-02Transmission to Judgments and Orders Clerk. Transmitted re: 69 Memorandum & Opinion to the Judgments and Orders Clerk. (anc) (Entered: 05/02/2017)
2017-05-0370CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated May 2, 2017, the DOJ's motion for summary judgment is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/3/2017) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 05/03/2017)
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by FOIA Project Staff