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Case TitleAMERICAN CIVIL LIBERTIES UNION et al v. CENTRAL INTELLIGENCE AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv01870
Date Filed2013-11-26
Date Closed2015-05-21
JudgeJudge James E. Boasberg
PlaintiffAMERICAN CIVIL LIBERTIES UNION
PlaintiffAMERICAN CIVIL LIBERTIES UNION FOUNDATION
Case DescriptionThe ACLU submitted two FOIA requests to the CIA. The first request asked for the Senate Select Intelligence Committee's investigative report on the now-discontinued program of rendition, detention, torture, and other abuses of detainees. The second request asked for the CIA's response to the Senate report. Both requests asked for a fee waiver and for expedited processing. The CIA responded to the first request for the Senate report by indicating that the report was not an agency record. The CIA initially misinterpreted the second request as identical to the first request, but after discussions with the ACLU agreed to waive fees and process the request. However, the CIA took no further action on the request and the ACLU filed suit.
Complaint issues: agency record, improper withholding, fee waiver, expedited processing, attorney's fees

DefendantCENTRAL INTELLIGENCE AGENCY
DefendantDEPARTMENT OF DEFENSE
DefendantDEPARTMENT OF JUSTICE
DefendantDEPARTMENT OF STATE
AppealD.C. Circuit 15-5183
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [52]
FOIA Project Annotation: Judge James Boasberg has ended up with a handful of cases essentially dealing with the same issue " whether or not the CIA is required to disclose the Panetta Review, an unfinished review of CIA records furnished to the Senate Select Committee on Intelligence for its report on the government's detention and interrogation program, as well as the Senate Intelligence Committee's report, the executive summary of which was declassified at the direction of the Intelligence Committee and then disseminated to the executive branch and subsequently made public. Boasberg ruled in Leopold v. CIA, 2015 WL 1445106 (Mar. 31, 2015), that the Panetta Review was entirely protected under Exemption 5 (deliberative process privilege). Now, in a similar suit brought by the ACLU, Boasberg has reaffirmed his earlier ruling. He has also found that the 6,963-page "Final Full Report" of the Senate Intelligence Committee is not subject to FOIA because it is a congressional record. To understand the status of the Senate report, Boasberg reviewed the history of the arrangements made between the Senate Intelligence Committee and the CIA to facilitate the Committee's ability to review relevant records. The agency insisted that the review be conducted at the agency and that any materials generated by the Committee staff during the review process would be kept on a secure network at the agency. However, the Senate Committee insisted that such records were the property of the Committee and were not to be considered agency records for purposes of FOIA. Three years later, the Senate Intelligence Committee approved the report as well as a stand-alone executive summary. Both documents were circulated to executive branch agencies for review and, based on those agency comments, the report and the executive summary were revised. The Committee then voted to approve both documents, but to declassify and make public only the executive summary. Although only the executive summary was disclosed to the public, the Senate Committee provided copies of the final report to the executive branch. When the Republicans won control of the Senate after the 2014 elections, Sen. Richard Burr (R-NC), the new chair of the Senate Intelligence Committee, requested that copies of the report provided to executive branch agencies be returned to the Committee. Boasberg started by pointing out that if Congress had intended to keep control of a record shared with the executive branch then the record was not subject to FOIA. Conversely, if Congress had not shown an intention to control a record shared with an agency, then it became an agency record when in the possession of the agency. Relying on United We Stand America v. IRS, 359 F.3d 695 (D.C. Cir. 2004), in which the D.C. Circuit found that a document provided by the Joint Committee on Taxation to the IRS with the admonition that "this document is a Congressional record and is entrusted to the Internal Revenue Service for your use only" constituted an intent to control the dissemination of the agency's response. Boasberg observed that "here, too, Congress's previously expressed intent to retain control over the Report militates heavily in Defendants' favor." The ACLU argued the Committee restriction applied to the status of its work product while kept at the CIA and did not necessarily address disclosure further down the line. But Boasberg disagreed, noting that "by its express terms, however, the SSCI-CIA agreement is not so limited. It applies both to 'documents generated on the network drive' and to 'any other notes, documents, draft and final recommendations, reports or other materials generated by Committee staff or members.' That language encompasses the Final Full Report. . ." He added that "while the ACLU is undoubtedly correct that SSCI had FOIA-related concerns arising from its usage of the CIA's network drive, the Committee was presumably also concerned about maintaining control over any public disclosure of its work product " regardless of which computer systems ultimately housed them." Boasberg also rejected the ACLU's claim that a 2014 transmittal letter from former Intelligence Committee Chair Sen. Dianne Feinstein (D-CA) embodied the Committee's final decision on dissemination, providing for disclosure to executive agencies. He noted that "the Court. . .need not confine its consideration to the moment of transmission. On the contrary, SSCI's 2009 letter sets the appropriate backdrop against which Senator Feinstein's 2014 letter can be properly understood." He then observed that "her letter does not evince congressional intent to surrender substantial control over the Full SSCI Report. While it does bestow a certain amount of discretion upon the agencies to determine how broadly to circulate the Report, such discretion is not boundless. Most significantly, the dissemination authorized by the letter is limited to the Executive Branch alone. It plainly does not purport to authorize the agencies to dispose of the Report as they wish"e.g., to the public at large." He explained that Congress "frequently transmits documents to the Executive Branch with the understanding that relevant agencies should make appropriate internal use of the information. Such tender should not be readily interpreted to suggest more wholesale abdication of control." Finding that his earlier decision in Leopold v. CIA was controlling on whether or not the Panetta Review should be disclosed, Boasberg observed that "plaintiff's rehashing of Leopold's arguments " although at times more developed " is no more persuasive. The Court sees no reason to disturb its prior conclusion: the Panetta Review is properly characterized as both predecisional and deliberative." The ACLU argued that former Sen. Mark Udall (D-CO) had lambasted the Panetta Review in remarks on the Senate floor as a smoking gun and indicated that the Senate Report concluded that "the CIA repeatedly provided inaccurate information to Congress, the President, and the public on the efficacy of its coercive techniques." Udall asserted that "the CIA is lying" about the Report's contents to "minimize its significance." But Boasberg played down the significance of Udall's remarks as any sort of direct rebuttal to the CIA's affidavits in the case before him. Instead, he noted that "his speech was intended to respond more broadly to statements made outside the litigation context by CIA Director John Brennan and other Agency officials, and his allegations must be viewed in that light." Boasberg also viewed the meaning of Udall's remarks in a somewhat different light, pointing out that "if Senator Udall's statements are correct, they serve to confirm rather than undermine, the Panetta Review's privileged status. That is, insofar as he asserts that the draft reviews contain analyses and conclusions rather than primarily facts, their deliberative nature is only bolstered." The ACLU claimed the Panetta Review must contain a large amount of factual material that had been already made public. Boasberg indicated that "divulging which facts were culled for inclusion, or even the topics the agency officials selected for the Review, would risk 'exposure of their internal thought processes.' This logic retains its force even if the underlying facts have been otherwise shared with the public, for it is their inclusion in the Review that warrants protection as deliberative."
Issues: Agency Record, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-11-261COMPLAINT against CENTRAL INTELLIGENCE AGENCY ( Filing fee $ 400 receipt number 0090-3547825) filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons CIA Summons, # 3 Summons AG Summons, # 4 Summons US Atty Summons, # 5 Supplement Rule 7.1 Statement)(Shamsi, Hina) (Entered: 11/26/2013)
2013-11-262NOTICE OF RELATED CASE by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Case related to Case No. 13-cv-1324(JEB). (Shamsi, Hina) (Entered: 11/26/2013)
2013-11-26Case Assigned to Judge James E. Boasberg. (md, ) (Entered: 11/26/2013)
2013-11-263ELECTRONIC SUMMONS (3) ISSUED as to CENTRAL INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice of Consent, # 4 Consent Form)(md, ) (Entered: 11/26/2013)
2013-11-264NOTICE of Appearance by Arthur B. Spitzer on behalf of AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Spitzer, Arthur) (Entered: 11/26/2013)
2013-11-275MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alex Abdo, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, 18th Floor. Phone No. - 212-549-2517. Fax No. - 212-549-2654 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Shamsi, Hina) (Entered: 11/27/2013)
2013-11-276MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ashley Gorski, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, 18th Floor. Phone No. - 212-284-7305. Fax No. - 212-549-2654 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Shamsi, Hina) (Entered: 11/27/2013)
2013-11-27MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice of Alex Abdo. Signed by Judge James E. Boasberg on 11/27/13. (lcjeb1) (Entered: 11/27/2013)
2013-11-27MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice of Ashley Gorski. Signed by Judge James E. Boasberg on 11/27/13. (lcjeb1) (Entered: 11/27/2013)
2014-01-087ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY.(Mei, Vesper) (Entered: 01/08/2014)
2014-01-088SCHEDULING ORDER: Pursuant to the attached Order, the parties shall consult and file a joint proposed briefing schedule on or before January 22, 2014. Signed by Judge James E. Boasberg on 1/8/14. (lcjeb1) (Entered: 01/08/2014)
2014-01-08Set/Reset Deadline: The parties shall consult and file a joint proposed briefing schedule on or before 1/22/2014. (ad) (Entered: 01/08/2014)
2014-01-089ENTERED IN ERROR.....CERTIFICATE OF SERVICE by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (for the U.S. Attorney General) . (Abdo, Alexander) Modified on 1/9/2014 (rdj). (Entered: 01/08/2014)
2014-01-0810ENTERED IN ERROR.....CERTIFICATE OF SERVICE by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (for the Central Intelligence Agency) . (Abdo, Alexander) Modified on 1/9/2014 (rdj). (Entered: 01/08/2014)
2014-01-0811ENTERED IN ERROR.....CERTIFICATE OF SERVICE by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (for the U.S. Attorney for the District of Columbia) . (Abdo, Alexander) Modified on 1/9/2014 (rdj). (Entered: 01/08/2014)
2014-01-1412MOTION for Scheduling Order by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Shamsi, Hina) (Entered: 01/14/2014)
2014-01-1513RESPONSE re 12 MOTION for Scheduling Order filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Mei, Vesper) (Entered: 01/15/2014)
2014-01-2214STATUS REPORT re Joint Proposed Briefing Schedule by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Shamsi, Hina) (Entered: 01/22/2014)
2014-01-22MINUTE ORDER: The Court hereby DENIES 12 Motion for Scheduling Order. Instead, the Court ORDERS that the following schedule, outlined in the parties' 14 Joint Status Report, shall govern further proceedings: (1) Plaintiffs shall amend their Complaint on or before January 27, 2014; (2) Defendant shall submit its opening brief on the issue of whether the SSCI Report is an agency record on or before February 28, 2014; (3) Plaintiffs shall file their opposition on or before March 14, 2014; (4) Defendant shall file its reply on or before March 28, 2014; (5) If appropriate, Defendant shall process the CIA Response and Panetta Report for release on or before May 22, 2014; and (6) The parties shall file a joint proposed schedule addressing briefing on any remaining issues on or before June 5, 2014. Signed by Judge James E. Boasberg on 1/22/14. (lcjeb1) (Entered: 01/22/2014)
2014-01-23Set/Reset Deadlines: Plaintiffs shall amend their Complaint on or before 1/27/2014; Defendant shall submit its opening brief on the issue of whether the SSCI Report is an agency record on or before 2/28/2014; Plaintiffs shall file their opposition on or before 3/14/2014; Defendant shall file its reply on or before 3/28/2014; If appropriate, Defendant shall process the CIA Response and Panetta Report for release on or before 5/22/2014; and The parties shall file a joint proposed schedule addressing briefing on any remaining issues on or before 6/05/ 2014. (ad) (Entered: 01/23/2014)
2014-01-2715AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION.(Shamsi, Hina) (Entered: 01/27/2014)
2014-02-1016ANSWER to 15 Amended Complaint by CENTRAL INTELLIGENCE AGENCY. Related document: 15 Amended Complaint filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION.(Mei, Vesper) (Entered: 02/10/2014)
2014-02-2817MOTION to Dismiss for Lack of Jurisdiction by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Neal Higgins, # 3 Text of Proposed Order)(Mei, Vesper) (Entered: 02/28/2014)
2014-03-1418Memorandum in opposition to re 17 MOTION to Dismiss for Lack of Jurisdiction filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Shamsi, Hina) (Entered: 03/14/2014)
2014-03-2819REPLY to opposition to motion re 17 MOTION to Dismiss for Lack of Jurisdiction filed by CENTRAL INTELLIGENCE AGENCY. (Mei, Vesper) (Entered: 03/28/2014)
2014-04-09MINUTE ORDER: In light of the SSCI's decision to submit the Report's executive summary, findings, and conclusions to the White House for declassification review, the Court ORDERS that a conference call is set for Friday, April 11, 2014, at 11:30 a.m. The parties in this and the companion case, No. 13-cv-1324, shall jointly call Chambers at (202) 354-3300 at the appointed time and should be prepared to discuss whether the Court should proceed to consider the pending motions at this time or wait until the declassification process concludes. Signed by Judge James E. Boasberg on 4/9/14. (lcjeb1) (Entered: 04/09/2014)
2014-04-10MINUTE ORDER rescheduling conference call. It is hereby ORDERED that the conference call previously scheduled for Friday, April 11, 2014, at 11:30 a.m. will now be held on Monday, April 14, 2014, at 10:30 a.m. The Court ORDERS that the parties shall jointly call Chambers at (202) 354-3300 at that time. Signed by Judge James E. Boasberg on 4/10/2014. (lcjeb4) (Entered: 04/10/2014)
2014-04-14Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 4/14/2014. (ad) (Entered: 04/14/2014)
2014-04-14MINUTE ORDER: As agreed upon in today's conference call among the parties in case nos. 13-1324 and 13-1870, the Court ORDERS that: 1) As a result of pending declassification decisions, the motions to dismiss concerning whether the subject documents are "agency records" shall be held in abeyance until a further status conference among the parties; and 2) All parties shall appear for such status conference on May 29, 2014, at 9:30 a.m. in Courtroom 19. Signed by Judge James E. Boasberg on 4/14/14. (lcjeb1) (Entered: 04/14/2014)
2014-04-14Set/Reset Hearing: A Status Conference is set for 5/29/2014 at 9:30 AM in Courtroom 19 before Judge James E. Boasberg. (ad) (Entered: 04/14/2014)
2014-05-1520MOTION for Extension of Time to process documents by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Exhibit A - Letter from Kathryn H. Ruemmler to Sen. Dianne Feinstein, # 2 Text of Proposed Order)(Mei, Vesper) (Entered: 05/15/2014)
2014-05-2721STATUS REPORT in advance of May 29, 2014 conference by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Shamsi, Hina) (Entered: 05/27/2014)
2014-05-28MINUTE ORDER: Having reviewed the parties' 21 Joint Status Report, the Court believes that a status conference remains worthwhile and thus ORDERS that the May 29, 2014, conference shall proceed as scheduled. Signed by Judge James E. Boasberg on 5/28/14. (lcjeb1) (Entered: 05/28/2014)
2014-05-29MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that: 1) Defendant's Motion for Extension of Time (ECF No. 20 ) is GRANTED; and 2) Defendant shall file a status report by June 20, 2014, providing a date for the completion of the processing of the Panetta Review and CIA Response. Signed by Judge James E. Boasberg on 5/29/14. (lcjeb1) (Entered: 05/29/2014)
2014-05-29Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 5/29/2014. (Defendant shall file a status report by 6/20/2014, providing a date for the completion of the processing of the Panetta Review and CIA Response). (Court Reporter Patricia Kaneshiro-Miller) (ad) (Entered: 05/29/2014)
2014-06-0522Consent MOTION to Amend/Correct 15 Amended Complaint by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Proposed Second Amended Complaint, # 2 Text of Proposed Order)(Shamsi, Hina) (Entered: 06/05/2014)
2014-06-06MINUTE ORDER: The Court ORDERS that: 1) Plaintiff's 22 Motion for Leave to File Second Amended Complaint is GRANTED; 2) The Proposed Second Amended Complaint is deemed FILED; and 3) Defendants shall have until July 7, 2014, to respond. Signed by Judge James E. Boasberg on 6/6/14. (lcjeb1) (Entered: 06/06/2014)
2014-06-06Set/Reset Deadline: Defendants shall have until 7/07/2014, to respond to Plaintiff's Second Amended Complaint. (ad) (Entered: 06/06/2014)
2014-06-0623REQUEST FOR SUMMONS TO ISSUE by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION re Order on Motion to Amend/Correct, filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Related document: Order on Motion to Amend/Correct,.(Shamsi, Hina) (Entered: 06/06/2014)
2014-06-0624REQUEST FOR SUMMONS TO ISSUE by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION re Order on Motion to Amend/Correct, filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Related document: Order on Motion to Amend/Correct,.(Shamsi, Hina) (Entered: 06/06/2014)
2014-06-0625REQUEST FOR SUMMONS TO ISSUE by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION re Order on Motion to Amend/Correct, filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Related document: Order on Motion to Amend/Correct,.(Shamsi, Hina) (Entered: 06/06/2014)
2014-06-0626REQUEST FOR SUMMONS TO ISSUE by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION re Order on Motion to Amend/Correct, filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Related document: Order on Motion to Amend/Correct,.(Shamsi, Hina) (Entered: 06/06/2014)
2014-06-0627REQUEST FOR SUMMONS TO ISSUE by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION re Order on Motion to Amend/Correct, filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Related document: Order on Motion to Amend/Correct,.(Shamsi, Hina) (Entered: 06/06/2014)
2014-06-0628Second AMENDED COMPLAINT against All Defendants filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION.(td, ) (Entered: 06/06/2014)
2014-06-0629SUMMONS (5) Issued Electronically as to DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(td, ) (Entered: 06/06/2014)
2014-06-2030STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Mei, Vesper) (Entered: 06/20/2014)
2014-07-0731ANSWER to 28 Amended Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. Related document: 28 Amended Complaint filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION.(Mei, Vesper) (Entered: 07/07/2014)
2014-08-14MINUTE ORDER: The Court ORDERS that the parties shall appear for a status conference in Case Nos. 13-1324, 13-1870, and 14-48 on September 4, 2014, at 10:30 a.m. Signed by Judge James E. Boasberg on 8/14/2014. (lcjeb1) (Entered: 08/14/2014)
2014-08-14Set/Reset Hearing: A Status Conference is set for 9/04/2014 at 10:30 AM in Courtroom 19 before Judge James E. Boasberg in case nos. 13cv1324, 13cv1870, and 14cv048. (ad) (Entered: 08/14/2014)
2014-08-2732MOTION for Extension of Time to process documents by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Mei, Vesper) (Entered: 08/27/2014)
2014-08-28MINUTE ORDER: The Court ORDERS that Plaintiffs shall, by August 29, 2014, either inform the Court that they do not oppose Defendants' 32 Motion for Extension or file an Opposition. Signed by Judge James E. Boasberg on 08/28/14. (lcjeb1) (Entered: 08/28/2014)
2014-08-28Set/Reset Deadline: Plaintiffs shall, by 8/29/2014, either inform the Court that they do not oppose Defendants' 32 Motion for Extension or file an Opposition. (ad) (Entered: 08/28/2014)
2014-08-29MINUTE ORDER granting Defendants' 32 Motion for Extension of Time to Process Documents. The Court ORDERS that Defendants shall complete processing on or before September 29, 2014. Signed by Judge James E. Boasberg on 8/29/14. (lcjeb1) (Entered: 08/29/2014)
2014-08-29Set/Reset Deadline: Defendants shall complete processing on or before 9/29/2014. (ad) (Entered: 08/29/2014)
2014-09-04MINUTE ORDER: As discussed at today's status hearing in case nos. 13-1324, 13-1870, and 14-48, the Court ORDERS that: 1) The request in 13-1324 is confined to the Executive Summary of the SSCI Report; 2) In 13-1324, Defendant's 17 Motion to Dismiss is DENIED as moot with consent; 3) In 13-1870, Defendant's 17 Motion to Dismiss is DENIED as moot with consent; and 4) A further status hearing in all three cases shall take place on October 7, 2014, at 9:30 a.m. Signed by Judge James E. Boasberg on 9/4/14. (lcjeb1) (Entered: 09/04/2014)
2014-09-04Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 9/4/2014. A combined Status Conference for case numbers 13-cv-1870, 13-cv-1324, and 14-cv-0048 is scheduled for 10/7/2014 at 9:30 AM in Courtroom 19 before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (jth) (Entered: 09/04/2014)
2014-09-2533MOTION for Extension of Time to Process Documents by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Mei, Vesper) (Entered: 09/25/2014)
2014-10-07MINUTE ORDER: As discussed in today's status conference in Nos. 13-1324, 13-1870, and 14-48, the Court ORDERS that: 1) The Government's Motions for Extension are GRANTED; 2) The ACLU need not file an additional amended complaint or additional FOIA request in 13-1870; and 3) Summary judgment briefing in all cases will comply with the following schedule: Government's Motion due December 5, 2014, Plaintiffs' Opposition and Cross-Motion due January 9, 2015; Government's Opposition and Reply due January 30, 2015, and Plaintiffs' Reply due February 13, 2015. Signed by Judge James E. Boasberg on 10/7/14. (lcjeb2) (Entered: 10/07/2014)
2014-10-07Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 10/7/2014. (Government's Motion due 12/05/2014, Plaintiffs' Opposition and Cross-Motion due 1/09/2015; Government's Opposition and Reply due 1/30/2015, and Plaintiffs' Reply due 2/13/2015. (Court Reporter Lisa Griffith) (ad) (Entered: 10/07/2014)
2014-10-2834MOTION for Extension of Time to Process Documents by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Mei, Vesper) (Entered: 10/28/2014)
2014-10-2935Memorandum in opposition to re 34 MOTION for Extension of Time to Process Documents filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Shamsi, Hina) (Entered: 10/29/2014)
2014-10-3036REPLY to opposition to motion re 34 MOTION for Extension of Time to Process Documents filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Mei, Vesper) (Entered: 10/30/2014)
2014-10-31MINUTE ORDER: The Court ORDERS that Defendants' Motion for Extension is GRANTED, but that Plaintiffs' proposed briefing schedule shall govern. As a result, the Court ORDERS that Defendants' motion for summary judgment shall be due four weeks following the public release of the SSCI Report Summary and the CIA Report; Plaintiffs' opposition and cross-motion shall be due three weeks thereafter; Defendants' opposition and reply shall be due three weeks thereafter; and Plaintiffs' reply shall be due two weeks thereafter. Signed by Judge James E. Boasberg on 10/31/14. (lcjeb1) (Entered: 10/31/2014)
2014-12-1837Unopposed MOTION for Extension of Time to file summary judgment motion by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Mei, Vesper) (Entered: 12/18/2014)
2014-12-19MINUTE ORDER granting the Government's Unopposed 37 Motion for Extension of Time. The Court ORDERS that the Government shall file its Motion for Summary Judgment on or before January 21, 2015. Signed by Judge James E. Boasberg on 12/19/14. (lcjeb1) (Entered: 12/19/2014)
2014-12-19Set/Reset Deadline: The Government shall file its Motion for Summary Judgment on or before 1/21/2015. (ad) (Entered: 12/19/2014)
2015-01-2138MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Attachments: # 1 Declaration of Martha Lutz, # 2 Statement of Facts, # 3 Text of Proposed Order)(Mei, Vesper) (Entered: 01/21/2015)
2015-01-2139MOTION to Dismiss for Lack of Jurisdiction by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Attachments: # 1 Declaration of Neal Higgins, # 2 Declaration of Julia Frifield, # 3 Declaration of Mark Herrington, # 4 Declaration of Peter Kadzik, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Text of Proposed Order)(Mei, Vesper) (Entered: 01/21/2015)
2015-01-2640MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Dror Ladin, :Firm- American Civil Liberties Union, :Address- 125 Broad Street, New York, New York 10004. Phone No. - (212) 284-7303. Fax No. - (212) 549-2654 Filing fee $ 100, receipt number 0090-3974038. Fee Status: Fee Paid. by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Shamsi, Hina) (Entered: 01/26/2015)
2015-01-27MINUTE ORDER granting 40 Motion for Admission Pro Hac Vice of DROR LADIN. Signed by Judge James E. Boasberg on 1/27/15. (lcjeb1) (Entered: 01/27/2015)
2015-01-2741WITHDRAWN PURSUANT TO 43 ..... Emergency MOTION for Order Protecting This Court's Jurisdiction by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Text of Proposed Order)(Shamsi, Hina) Modified on 2/10/2015 (jf, ). (Entered: 01/27/2015)
2015-02-0642RESPONSE re 41 Emergency MOTION for Order Protecting This Court's Jurisdiction filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Mei, Vesper) (Entered: 02/06/2015)
2015-02-0943NOTICE OF WITHDRAWAL OF MOTION by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Shamsi, Hina) (Entered: 02/09/2015)
2015-02-1144Memorandum in opposition to re 39 MOTION to Dismiss for Lack of Jurisdiction filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Declaration of Ashley Gorski, # 2 Text of Proposed Order)(Shamsi, Hina) (Entered: 02/11/2015)
2015-02-1145Cross MOTION for Partial Summary Judgment and Opposition to Defendant CIA's Motion for Summary Judgment by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Ashley Gorski, # 2 Statement of Facts (Undisputed), # 3 Statement of Facts (Disputed), # 4 Text of Proposed Order)(Shamsi, Hina) (Entered: 02/11/2015)
2015-02-12NOTICE OF ERROR re 45 Motion for Partial Summary Judgment; emailed to hshamsi@aclu.org, cc'd 13 associated attorneys -- The PDF file you docketed contained errors: 1. Counsel has been instructed to file the second part of this document, Opposition. (td, ) (Entered: 02/12/2015)
2015-02-1246Memorandum in opposition to re 38 MOTION for Summary Judgment [CORRECTED] filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Statement of Facts As To Which There Is Genuine Issue, # 2 Declaration of Ashley Gorski, # 3 Text of Proposed Order)(Shamsi, Hina) (Entered: 02/12/2015)
2015-03-0447Memorandum in opposition to re 45 Cross MOTION for Partial Summary Judgment and Opposition to Defendant CIA's Motion for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Mei, Vesper) (Entered: 03/04/2015)
2015-03-0448REPLY to opposition to motion re 38 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Mei, Vesper) (Entered: 03/04/2015)
2015-03-0449REPLY to opposition to motion re 39 MOTION to Dismiss for Lack of Jurisdiction filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Mei, Vesper) (Entered: 03/04/2015)
2015-03-1850REPLY to opposition to motion re 45 Cross MOTION for Partial Summary Judgment and Opposition to Defendant CIA's Motion for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Shamsi, Hina) (Entered: 03/18/2015)
2015-05-2051ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Defendants' Motion to Dismiss is GRANTED; 2) The CIA's Motion for Summary Judgment is GRANTED; 3) Plaintiffs' Cross-Motion for Summary Judgment is DENIED; and 4) Judgment is ENTERED in favor of Defendants. Signed by Judge James E. Boasberg on 5/20/15. (lcjeb1) (Entered: 05/20/2015)
2015-05-2052MEMORANDUM OPINION re 51 Order. Signed by Judge James E. Boasberg on 5/20/15. (lcjeb1) (Entered: 05/20/2015)
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