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Case TitleSHAPIRO v. CENTRAL INTELLIGENCE AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00019
Date Filed2014-01-08
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffRYAN NOAH SHAPIRO
Case DescriptionShapiro submitted FOIA requests for records pertaining to Nelson Mandela. He asked for expedited processing and a fee waiver. After hearing nothing further from the agency, Shapiro filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantCENTRAL INTELLIGENCE AGENCY
DefendantCENTRAL INTELLIGENCE AGENCY
Washington, DC 20505
DefendantDEPARTMENT OF DEFENSE
DefendantDEPARTMENT OF JUSTICE
DefendantNATIONAL SECURITY AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [58]
FOIA Project Annotation: Judge Christopher Cooper has ruled that researcher Ryan Shapiro's request for any records mentioning Nelson Mandela is specific enough to require both the CIA and the NSA to conduct a search. The CIA rejected the request as too broad and the NSA interpreted the request as asking for signals intelligence information on Mandela and issued a Glomar response neither confirming nor denying the existence of records. The CIA initially argued that a search for records on Mandela would be burdensome, but in court it asserted only that Shapiro's request did not reasonably describe the records he sought. Cooper sided with Shapiro instead, noting that "regardless of how onerous it might be to locate them, there can be no dispute about what items are being requestedâ€"records in the CIA's possession that 'mention' Nelson Mandela or his three listed aliases. . .Here, the subject of Shapiro's request is the entirety of each document that mentions Mandela, even if such references are fleeting and tangential. So compliance should involve virtually no guesswork. A record is responsive if and only if it contains Mandela's name (or those of his three listed aliases) or any descriptor obviously referring to him." The CIA pointed out that courts had previously rejected requests for records that "pertained to" or "related to" an individual or subject. But Cooper observed that "there is a difference in kind between requests for documents that 'mention' or 'reference' a specified person or topic and those seeking records 'pertaining to,' 'relating to,' or 'concerning' the same. FOIA's reasonable-description requirement does not doom requests that precisely describe the records sought, even if compliance might overwhelm an agency's response team." He explained that "whether Shapiro's request would require the CIA to expend an unreasonable amount of effort cannot be determined from his request alone, 'on its face.' Although an agency need not comply with unreasonably burdensome FOIA requests, it 'bears the burden to provide a sufficient explanation as to why such a search would be unreasonably burdensome.'" Cooper observed that "the CIA has done nothing of the sort here. In fact, it has overtly declined to file such a declaration, simply asserting in its legal brief that the documents Shapiro requested could not be 'located. . .with a reasonable amount of effort.' Because the scope of Shapiro's request is clear, this is plainly an argument that a satisfactory response would be too burdensome." He rejected the CIA's claim that agency employees would have difficulty determining which records systems to search. Instead, he noted that "FOIA does not require perfection, however." Turning to the NSA's response, Cooper agreed with the agency that to the extent records might reveal signal intelligence they were properly exempt and a Glomar response was appropriate. But he also found the agency had interpreted Shapiro's request too narrowly and ordered the agency to conduct a search for non-signal intelligence records that mentioned Mandela. Cooper dismissed Shapiro's contention that publicly available information established that Mandela had been the target of the agency's signal intelligence operations. Although Shapiro provided a number of public references, Cooper indicated that "these documents may well demonstrate that the NSA was, at some level, 'interested' in Nelson Mandela's activities as a prominent dissident and high-ranking political leader, they do not divulge whether the NSA 'has nor has not targeted Nelson Mandela or considered him to be of SIGNT interest.'"
Issues: Search - Reasonableness of search, Determination - Glomar response, Request - Specificity
Opinion/Order [79]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-01-081COMPLAINT against CENTRAL INTELLIGENCE AGENCY ( Filing fee $ 400 receipt number 0090-3584971) filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit 1 - FOIA Request to CIA, # 2 Exhibit 1A - FOIA Request attachments, # 3 Civil Cover Sheet, # 4 Summons CIA, # 5 Summons USAO, # 6 Summons USDOJ)(Light, Jeffrey) (Entered: 01/08/2014)
2014-01-08Case Assigned to Judge Robert L. Wilkins. (kb) (Entered: 01/08/2014)
2014-01-082ELECTRONIC SUMMONS (3) Issued as to CENTRAL INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb) (Entered: 01/08/2014)
2014-01-093RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/9/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 2/8/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/9/2014. (Light, Jeffrey) (Entered: 01/09/2014)
2014-01-24Case reassigned to the Calendar Committee who will oversee it until it is reassigned to another judge. Judge Robert L. Wilkins has been elevated to the U.S. Court of Appeals for DC and is no longer assigned to the case. Any questions should be directed to Terri Barrett, formerly Judge Wilkins deputy clerk, at 202-354-3179 or terri_barrett@dcd.uscourts.gov. (ztnr, ) (Entered: 01/24/2014)
2014-02-034RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 1/28/2014 (Light, Jeffrey) (Entered: 02/03/2014)
2014-02-065NOTICE of Appearance by Mercedeh Momeni on behalf of CENTRAL INTELLIGENCE AGENCY (Momeni, Mercedeh) (Entered: 02/06/2014)
2014-02-076Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, (or Otherwise Answer) by CENTRAL INTELLIGENCE AGENCY (Momeni, Mercedeh) (Entered: 02/07/2014)
2014-02-12MINUTE ORDER granting 6 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, (or Otherwise Answer); and it is FURTHER ORDERED that the Defendant is permitted to file its response to the complaint on or before March 12, 2014. Signed by Judge Ellen S. Huvelle on behalf of the Calendar Committee on 2/12/2014. (tcb) (Entered: 02/12/2014)
2014-03-117MOTION for Extension of Time to by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Exhibit A)(Momeni, Mercedeh) (Entered: 03/11/2014)
2014-03-128STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit A)(Momeni, Mercedeh) (Entered: 03/12/2014)
2014-03-12MINUTE ORDER granting 7 MOTION for Extension of Time to; and it is FURTHER ORDERED that the Defendant is permitted to file its response to the complaint on or before April 11, 2014. Signed by Judge Ellen S. Huvelle on 3/12/2014. (tcb) (Entered: 03/12/2014)
2014-03-259AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit 1-4, # 2 Exhibit 5, # 3 Summons DOD, # 4 Summons DOJ, # 5 Summons NSA)(Light, Jeffrey) (Entered: 03/25/2014)
2014-03-2810NOTICE of Appearance by Timothy E. Broomhead on behalf of All Defendants (Broomhead, Timothy) (Entered: 03/28/2014)
2014-04-07Case reassigned to Judge Christopher R. Cooper. Calendar Committee no longer assigned to the case. (ztnr, ) (Entered: 04/07/2014)
2014-04-1011Consent MOTION for Extension of Time to Respond to Plaintiff's Amended Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Broomhead, Timothy) (Entered: 04/10/2014)
2014-04-14MINUTE ORDER granting 11 Consent MOTION for Extension of Time to Respond to Plaintiff's Amended Complaint; Defendants shall be permitted to file their response to the amended complaint on or before May 12, 2014. Signed by Judge Christopher R. Cooper on 4/14/2014. (tcb) (Entered: 04/14/2014)
2014-05-0912Consent MOTION for Extension of Time to File a Proposed Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Broomhead, Timothy) (Entered: 05/09/2014)
2014-05-09MINUTE ORDER: Defendants shall submit a proposed order in support of the Defendant's Consent Motion for Extension of Time to File a Proposed Briefing Schedule. LCvR 7(c). If the Defendants seek to propose alternative relief, they shall submit an additional proposed order with the alternative relief requested. The Defendants shall clarify whether they are requesting that the deadline to respond to Plaintiff's Amended Complaint be changed. Signed by Judge Christopher R. Cooper on 5/9/2014. (lccrc1, ) (Entered: 05/09/2014)
2014-05-0913SUPPLEMENTAL MEMORANDUM to re 12 Consent MOTION for Extension of Time to File a Proposed Briefing Schedule filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Attachments: # 1 Text of Proposed Order)(Broomhead, Timothy) (Entered: 05/09/2014)
2014-05-09MINUTE ORDER granting 12 Consent Motion for Extension of Time to File a Proposed Briefing Schedule; Defendants shall be permitted to file their response to the amended complaint on or before June 10, 2014. Signed by Judge Christopher R. Cooper on 5/9/2014. (lccrc1, ) (Entered: 05/09/2014)
2014-06-1014Consent MOTION for Extension of Time to Respond to the Amended Complaint and Status Update by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Broomhead, Timothy) (Entered: 06/10/2014)
2014-06-11MINUTE ORDER granting 14 Consent Motion for Extension of Time to Respond to the Amended Complaint. It is hereby ORDERED that Defendants' response to the Amended Complaint is due by May 11, 2015. Defendants are directed to file a status report every 45 days. Signed by Judge Christopher R. Cooper on 6/11/2014. (lccrc2, ) (Entered: 06/11/2014)
2014-07-2515STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Broomhead, Timothy) (Entered: 07/25/2014)
2014-09-0816Consent MOTION for Extension of Time to File Status Report by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Momeni, Mercedeh) (Entered: 09/08/2014)
2014-09-10MINUTE ORDER granting 16 Consent MOTION for Extension of Time to File Status Report; Defendant shall file a status report by no later than September 10, 2014. Signed by Judge Christopher R. Cooper on 9/10/2014. (tcr) (Entered: 09/10/2014)
2014-09-1017STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Momeni, Mercedeh) (Entered: 09/10/2014)
2014-10-2418STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Momeni, Mercedeh) (Entered: 10/24/2014)
2014-11-0619NOTICE OF SUBSTITUTION OF COUNSEL by Damon William Taaffe on behalf of All Defendants Substituting for attorney Mercedeh Momeni (Taaffe, Damon) (Entered: 11/06/2014)
2014-12-0820STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Taaffe, Damon) (Entered: 12/08/2014)
2014-12-0821STATUS REPORT (corrected) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Taaffe, Damon) (Entered: 12/08/2014)
2015-01-2222STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Taaffe, Damon) (Entered: 01/22/2015)
2015-01-2823RESPONSE re 22 Status Report filed by RYAN NOAH SHAPIRO. (Light, Jeffrey) (Entered: 01/28/2015)
2015-02-0224Consent MOTION for Extension of Time to Process Responsive Documents for Release with respect to FBI by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Taaffe, Damon) (Entered: 02/02/2015)
2015-02-03MINUTE ORDER granting 24 Motion for Extension of Time; the FBI shall continue to release responsive records on a monthly basis, and to provide status updates every 45 days. Signed by Judge Christopher R. Cooper on 2/3/2015. (lccrc2, ) (Entered: 02/03/2015)
2015-03-0925STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Taaffe, Damon) (Entered: 03/09/2015)
2015-04-0826MOTION for Partial Summary Judgment as to DIA by RYAN NOAH SHAPIRO (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Light, Jeffrey) (Entered: 04/08/2015)
2015-04-2327STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Taaffe, Damon) (Entered: 04/23/2015)
2015-04-2728NOTICE of Appearance by Robin Michelle Meriweather on behalf of All Defendants (Meriweather, Robin) (Entered: 04/27/2015)
2015-04-2729Consent MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Partial Summary Judgment as to DIA by DEPARTMENT OF DEFENSE (Meriweather, Robin) (Entered: 04/27/2015)
2015-04-28MINUTE ORDER granting 29 Motion for Extension of Time to File Response; Defendant Department of Defense shall respond to Plaintiff's partial motion for summary judgment on or before May 7, 2015. Signed by Judge Christopher R. Cooper on 4/28/2015. (lccrc2, ) (Entered: 04/28/2015)
2015-04-28Set/Reset Deadlines: Defendant Department of Defense Response to Plaintiff's Partial Motion for Summary Judgment due by 5/7/2015. (mac) (Entered: 04/28/2015)
2015-05-0730Memorandum in opposition to re 26 MOTION for Partial Summary Judgment as to DIA filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Attachments: # 1 Declaration Williams)(Taaffe, Damon) (Entered: 05/07/2015)
2015-05-0831MOTION for Extension of Time to File Answer by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Taaffe, Damon) (Entered: 05/08/2015)
2015-05-1032RESPONSE re 31 MOTION for Extension of Time to File Answer filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit 1 - Email)(Light, Jeffrey) (Entered: 05/11/2015)
2015-05-12MINUTE ORDER granting 31 MOTION for Extension of Time to File Answer; and it is ORDERED that defendants response to plaintiffs amended complaint shall be due on June 10, 2015. Signed by Judge Christopher R. Cooper on 5/12/2015. (tcr) (Entered: 05/12/2015)
2015-05-1833REPLY to opposition to motion re 26 MOTION for Partial Summary Judgment as to DIA filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit DIA Letter of March 3, 2015, # 2 Exhibit DIA Letter of April 3, 2015, # 3 Exhibit DIA Letter of May 7, 2015)(Light, Jeffrey) (Entered: 05/18/2015)
2015-05-19MINUTE ORDER: The parties shall appear for a status conference on June 4, 2015 at 10:00 AM in Courtroom 27A. A representative from the Defense Intelligence Agency's FOIA office with knowledge of the plaintiff's request and the office's overall review and processing capabilities shall be in attendance. The parties are directed to meet and confer prior to the conference concerning the production schedule, including the potential for narrowing or prioritizing plaintiff's requests so as to expedite completion of the agency's review and production. Signed by Judge Christopher R. Cooper on 5/19/2015. (lccrc2, ) (Entered: 05/19/2015)
2015-05-20Set/Reset Hearings: Status Conference set for 6/4/2015 at 10:00 AM in Courtroom 27A before Judge Christopher R. Cooper. (tcr) (Entered: 05/20/2015)
2015-06-02MINUTE ORDER: The Status Conference set for Thursday, June 4, 2015 has been RESCHEDULED to Monday, June 8, 2015 at 11:00 AM in Courtroom 27A before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 6/2/2015. (tcr) (Entered: 06/02/2015)
2015-06-0534STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Taaffe, Damon) (Entered: 06/05/2015)
2015-06-08Minute Entry for proceedings held before Judge Christopher R. Cooper: Status Conference held and concluded on 6/8/2015. Parties directed to file a joint status report within 90 days and a joint status report every 90 days thereafter. (Court Reporter Lisa Moreira) (tcr) (Entered: 06/08/2015)
2015-06-1035ANSWER to 9 Amended Complaint, by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. Related document: 9 Amended Complaint, filed by RYAN NOAH SHAPIRO.(Taaffe, Damon) (Entered: 06/10/2015)
2015-06-1036MOTION to Dismiss with respect to CIA by CENTRAL INTELLIGENCE AGENCY (Taaffe, Damon) (Entered: 06/10/2015)
2015-06-1037MOTION for Summary Judgment with respect to NSA by NATIONAL SECURITY AGENCY (Attachments: # 1 Declaration Sherman declaration with exhibits)(Taaffe, Damon) (Entered: 06/10/2015)
2015-06-22MINUTE ORDER denying 26 Motion for Partial Summary Judgment as moot. Signed by Judge Christopher R. Cooper on 6/22/2015. (lccrc2, ) (Entered: 06/22/2015)
2015-06-2938Consent MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment with respect to NSA , 36 MOTION to Dismiss with respect to CIA by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 06/29/2015)
2015-06-30MINUTE ORDER granting Consent MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment with respect to NSA, 36 MOTION to Dismiss with respect to CIA; Plaintiff will submit his oppositions to the Motion to Dismiss and Motion for Summary Judgment on or before July 15, 2015. Signed by Judge Christopher R. Cooper on 6/30/2015. (tcr) (Entered: 06/30/2015)
2015-07-1339Consent MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment with respect to NSA by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 07/13/2015)
2015-07-15MINUTE ORDER granting 39 Consent MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment with respect to NSA ; Plaintiff will submit his oppositions to the Motion for Summary Judgment on or before August 14, 2015. Signed by Judge Christopher R. Cooper on 7/15/2015. (tcr) (Entered: 07/15/2015)
2015-07-2340Unopposed MOTION for Leave to File Opposition to CIA's Motion to Dismiss by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Opposition to CIA Motion to Dismiss, # 3 Exhibit Proposed order denying CIA Motion to Dismiss)(Light, Jeffrey) (Entered: 07/23/2015)
2015-07-27MINUTE ORDER granting 40 Motion for Leave to File. Signed by Judge Christopher R. Cooper on 7/27/2015. (lccrc3, ) (Entered: 07/27/2015)
2015-07-2741Memorandum in opposition to re 36 MOTION to Dismiss with respect to CIA filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Text of Proposed Order)(znmw) (Entered: 07/28/2015)
2015-07-2842Consent MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Dismiss with respect to CIA by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Taaffe, Damon) (Entered: 07/28/2015)
2015-07-30MINUTE ORDER granting 42 Motion for Extension of Time to File Reply; Defendant CIA shall file its reply on or before August 21, 2015. Further requests for extensions will be viewed with disfavor. Signed by Judge Christopher R. Cooper on 7/30/2015. (lccrc2, ) (Entered: 07/30/2015)
2015-07-30Set/Reset Deadlines: Defendant Reply due by 8/21/2015. (mac) (Entered: 07/30/2015)
2015-08-0343TRANSCRIPT OF STATUS CONFERENCE before Judge Christopher R. Cooper held on June 8, 2015; Page Numbers: 1-16. Date of Issuance:August 3, 2015. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number 202-354-3187, Court Reporter Email Address : Lisa_Moreira@dcd.uscourts.gov. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/24/2015. Redacted Transcript Deadline set for 9/3/2015. Release of Transcript Restriction set for 11/1/2015.(Moreira, Lisa) (Entered: 08/03/2015)
2015-08-1444Consent MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment with respect to NSA by RYAN NOAH SHAPIRO (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 08/14/2015)
2015-08-14MINUTE ORDER granting 44 Consent MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment with respect to NSA; Plaintiff shall submit his opposition to the Motion for Summary Judgment on or before August 28, 2015. No further requests for extension of Plaintiff's deadline will be granted. Plaintiff shall also file his Cross-Motion for Summary Judgment on or before August 28, 2015. Signed by Judge Christopher R. Cooper on 08/14/2015. (lccrc2, ) (Entered: 08/14/2015)
2015-08-2045REPLY to opposition to motion re 36 MOTION to Dismiss with respect to CIA filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Taaffe, Damon) (Entered: 08/20/2015)
2015-08-2846Memorandum in opposition to re 37 MOTION for Summary Judgment with respect to NSA filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Statement of Facts Response, # 13 Text of Proposed Order)(Light, Jeffrey) (Entered: 08/28/2015)
2015-08-2847Cross MOTION for Summary Judgment with respect to NSA by RYAN NOAH SHAPIRO (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Statement of Facts, # 13 Text of Proposed Order)(Light, Jeffrey) (Entered: 08/28/2015)
2015-09-0348Consent MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment with respect to NSA , 47 Cross MOTION for Summary Judgment with respect to NSA by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Taaffe, Damon) (Entered: 09/03/2015)
2015-09-04MINUTE ORDER granting 48 Consent MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment with respect to NSA, 47 Cross MOTION for Summary Judgment with respect to NSA. Defendant NSA shall have up to, and including, October 5, 2015 to respond or reply with respect to both motions. Further extension requests in this case will be viewed with disfavor. Signed by Judge Christopher R. Cooper on 09/04/2015. (lccrc2, ) (Entered: 09/04/2015)
2015-09-0849Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Taaffe, Damon) (Entered: 09/08/2015)
2015-10-0550REPLY to opposition to motion re 37 MOTION for Summary Judgment with respect to NSA , 47 Cross MOTION for Summary Judgment with respect to NSA filed by NATIONAL SECURITY AGENCY. (Taaffe, Damon) (Entered: 10/05/2015)
2015-12-0851Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Taaffe, Damon) (Entered: 12/08/2015)
2015-12-10VACATED PURSUANT TO MINUTE ORDER ENTERED 3/26/16. . . . .MINUTE ORDER: In light of the parties' 51 Joint Status Report, the parties shall adhere to the following briefing schedule: FBI's motion for summary judgment due by April 1, 2016; Plaintiff's opposition and cross-motion for summary judgment due by April 28, 2016; FBI's reply in support of its motion and opposition to plaintiff's cross-motion due by May 26, 2016; and Plaintiff's reply in support of his cross-motion due by June 9, 2016. Signed by Judge Christopher R. Cooper on 12/10/2015. (lccrc2) Modified on 3/28/2016 (td). (Entered: 12/10/2015)
2016-02-1752NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Wellknown Yee on behalf of All Defendants Substituting for attorney Damon W. Taaffe (Yee, Marsha) (Entered: 02/17/2016)
2016-03-0753MOTION for Extension of Time to File Joint Status Report by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 03/07/2016)
2016-03-09MINUTE ORDER granting 53 Motion for Extension of Time to File Joint Status Report. It is hereby ORDERED that Defendants file their joint status report by March 11, 2016. Signed by Judge Christopher R. Cooper on 3/9/2016. (lccrc2) (Entered: 03/09/2016)
2016-03-1154Unopposed MOTION for Extension of Time to File Joint Status Report by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 03/11/2016)
2016-03-1455NOTICE OF SUBSTITUTION OF COUNSEL by William Mark Nebeker on behalf of All Defendants Substituting for attorney Marsha W. Yee (Nebeker, William) (Entered: 03/14/2016)
2016-03-14MINUTE ORDER granting 54 the Government's Motion for Extension of Time to File Joint Status Report. It is hereby ORDERED that the parties file a joint status report by March 25, 2016. Signed by Judge Christopher R. Cooper on 3/14/2016. (lccrc2) (Entered: 03/14/2016)
2016-03-1756NOTICE OF SUBSTITUTION OF COUNSEL by William Mark Nebeker on behalf of All Defendants Substituting for attorney Marsha W. Yee (Nebeker, William) (Entered: 03/17/2016)
2016-03-1757ORDER denying 36 the CIA's Motion to Dismiss; granting in part and denying in part 37 the NSA's Motion for Summary Judgment; denying 47 Plaintiff's Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 3/17/2016. (lccrc2) (Entered: 03/17/2016)
2016-03-1758MEMORANDUM OPINION re 36 the CIA's Motion to Dismiss, 37 the NSA's Motion for Summary Judgment, 47 Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 3/17/2016. (lccrc2) (Entered: 03/17/2016)
2016-03-2459Unopposed MOTION to Stay , MOTION for Extension of Time to Answer and To File Dispositive Motion by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 03/24/2016)
2016-03-2560Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Nebeker, William) (Entered: 03/25/2016)
2016-03-26MINUTE ORDER granting in part and denying in part 59 Defendants' Motion to Stay, Motion for Extension of Time to Answer and to File Dispositive Motion. It is hereby ORDERED that the CIA and NSA answer the Amended Complaint by April 7, 2016. It is further ORDERED that the briefing schedule entered in the Court's December 10, 2015 Minute Order be VACATED, and that the parties adhere to the following briefing schedule: FBI's motion for summary judgment due by July 1, 2016; Plaintiff's opposition and cross-motion for summary judgment due by July 29, 2016; FBI's reply in support of its motion and opposition to plaintiff's cross-motion due by August 26, 2016; and Plaintiff's reply in support of his cross-motion due by September 9, 2016. Signed by Judge Christopher R. Cooper on 3/26/2016. (lccrc2) (Entered: 03/26/2016)
2016-04-0761ANSWER to 9 Amended Complaint, by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY. Related document: 9 Amended Complaint, filed by RYAN NOAH SHAPIRO.(Nebeker, William) (Entered: 04/07/2016)
2016-06-06MINUTE ORDER: A Telephonic Conference is set for Wednesday, June 8, 2016 at 11:30 AM in Chambers before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 6/6/2016. (tcr) (Entered: 06/06/2016)
2016-06-08Minute Entry for proceedings held before Judge Christopher R. Cooper: Telephonic Conference held and concluded on 6/8/2016. (Court Reporter Lisa Moreira.) (tcr) (Entered: 06/09/2016)
2016-06-2362Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Nebeker, William) (Entered: 06/23/2016)
2016-06-2863Unopposed MOTION for Extension of Time to File Dispositive Motion For The FBI by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 06/28/2016)
2016-06-2964NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. Attorney Robin Michelle Meriweather terminated. (Meriweather, Robin) (Entered: 06/29/2016)
2016-07-01MINUTE ORDER granting 63 the FBI's Motion for Extension of Time. It is further ORDERED that the briefing schedule entered in the Court's March 26, 2016 Minute Order be VACATED, and that the parties adhere to the following briefing schedule: FBI's motion for summary judgment due by August 8, 2016; Plaintiff's opposition and cross-motion for summary judgment due by September 5, 2016; FBI's reply in support of its motion and opposition to Plaintiff's cross-motion due by October 3, 2016; and Plaintiff's reply in support of his cross-motion due by October 17, 2016. No further extensions of this briefing schedule will be granted for either party. Signed by Judge Christopher R. Cooper on 7/1/2016. (lccrc2) (Entered: 07/01/2016)
2016-07-01Set/Reset Deadlines: FBI's motion for summary judgment due by 8/8/2016; Plaintiff's opposition and cross-motion for summary judgment due by 9/5/2016; FBI's reply in support of its motion and opposition to Plaintiff's cross-motion due by 10/3/2016; Plaintiff's reply in support of his cross-motion due by 10/17/2016. (kt) (Entered: 07/01/2016)
2016-08-0865MOTION to Dismiss Or, In The Alternative, For , MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration David M. Hardy, # 2 Exhibit A through E, # 3 Text of Proposed Order)(Nebeker, William) (Entered: 08/08/2016)
2016-08-0866NOTICE Of Ex Parte, In Camera Filing by DEPARTMENT OF JUSTICE re 65 MOTION to Dismiss Or, In The Alternative, For MOTION for Summary Judgment (Nebeker, William) (Entered: 08/08/2016)
2016-08-0967NOTICE by DEPARTMENT OF JUSTICE re 65 MOTION to Dismiss Or, In The Alternative, For MOTION for Summary Judgment (Attachments: # 1 Declaration (Declaration David M. Hardy))(Nebeker, William) (Entered: 08/09/2016)
2016-08-0968NOTICE Of Ex Parte, In Camera Filing by DEPARTMENT OF JUSTICE (Nebeker, William) (Entered: 08/09/2016)
2016-09-0669Memorandum in opposition to re 65 MOTION to Dismiss Or, In The Alternative, For MOTION for Summary Judgment filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1-9, # 3 Exhibit 10-19, # 4 Exhibit 20-29, # 5 Declaration Jeffrey Light, # 6 Declaration Ryan Noah Shapiro, # 7 Statement of Facts, # 8 Text of Proposed Order)(Light, Jeffrey) (Entered: 09/06/2016)
2016-09-0670Cross MOTION for Summary Judgment with respect to FBI by RYAN NOAH SHAPIRO (Attachments: # 1 Exhibit Index, # 2 Exhibit 1-9, # 3 Exhibit 10-19, # 4 Exhibit 20-29, # 5 Declaration Jeffrey Light, # 6 Declaration Ryan Noah Shapiro, # 7 Statement of Facts, # 8 Text of Proposed Order)(Light, Jeffrey) (Entered: 09/06/2016)
2016-09-2171Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Nebeker, William) (Entered: 09/21/2016)
2016-09-3072Unopposed MOTION for Extension of Time to File Response/Reply as to 70 Cross MOTION for Summary Judgment with respect to FBI , 65 MOTION to Dismiss Or, In The Alternative, For MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 09/30/2016)
2016-10-03MINUTE ORDER granting in part and denying in part 72 Consent Motion for Extension of Time to File Replies in support of Motions for Summary Judgment. It is hereby ORDERED that the summary judgment briefing schedule entered on July 1, 2016 be amended as follows: Defendant's reply and opposition shall be due by November 2, 2016 and Plaintiff's reply in support of its Cross-Motion for Summary Judgment shall be due by December 2, 2016. Signed by Judge Christopher R. Cooper on 10/3/2016. (lccrc2) (Entered: 10/03/2016)
2016-10-04Set/Reset Deadlines: Defendant's Response to Dispositive Motions due by 11/2/2016. Plaintiff's Reply to Dispositive Motions due by 12/2/2016. (zlsj) (Entered: 10/04/2016)
2016-11-0273Unopposed MOTION for Extension of Time to File Response/Reply as to 70 Cross MOTION for Summary Judgment with respect to FBI , 65 MOTION to Dismiss Or, In The Alternative, For MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 11/02/2016)
2016-11-02MINUTE ORDER granting 73 Defendant FBI's Motion for Extension of Time to File its Response. It is hereby ORDERED that the summary-judgment briefing schedule entered on October 3, 2016 be amended as follows: Defendant's reply and opposition shall be due by November 7, 2016 and Plaintiff's reply in support of its cross-motion shall still be due by December 2, 2016. Signed by Judge Christopher R. Cooper on 11/2/2016. (lccrc2) (Entered: 11/02/2016)
2016-11-03Set/Reset Deadlines: Response to Dispositive Motions due by 11/7/2016. Reply to Dispositive Motions due by 12/2/2016. (zlsj) (Entered: 11/03/2016)
2016-11-0774REPLY to opposition to motion re 65 MOTION to Dismiss Or, In The Alternative, For MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Third Hardy Decl.)(Nebeker, William) (Entered: 11/07/2016)
2016-11-0775Memorandum in opposition to re 70 Cross MOTION for Summary Judgment with respect to FBI filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Third Hardy Decl.)(Nebeker, William) (Entered: 11/07/2016)
2016-12-0276REPLY to opposition to motion re 70 Cross MOTION for Summary Judgment with respect to FBI filed by RYAN NOAH SHAPIRO. (Attachments: # 1 Exhibit 1-8)(Light, Jeffrey) (Entered: 12/03/2016)
2017-03-2077Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Nebeker, William) (Entered: 03/20/2017)
2017-03-3178ORDER granting in part, reserving judgment in part, and denying in part 65 the FBI's Motion for Summary Judgment, and reserving judgment in part and denying in part 70 Plaintiff's Cross-Motion for Summary Judgment. Refer to full order for further details. Signed by Judge Christopher R. Cooper on 3/31/2017. (lccrc2) (Entered: 03/31/2017)
2017-03-3179MEMORANDUM OPINION re 65 the FBI's Motion to Dismiss, or in the alternative, for Summary Judgment and 70 Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 3/31/2017. (lccrc2) (Entered: 03/31/2017)
2017-04-0180Unopposed MOTION for Extension of Time to Comply With The Court's March 31, 2017 Memorandum and Order by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 04/01/2017)
2017-04-03Set/Reset Deadlines: In-Camera Submission due by 4/7/2017. Defendant FBI, either release responsive material and/or renew its motion for summary judgment along with a supplemental declaration justifying its position by 5/15/2017. (zlsj) (Entered: 04/03/2017)
2017-04-03MINUTE ORDER granting 80 the FBI's Motion for an Extension of Time. It is hereby ORDERED that the FBI shall submit the designated document for in camera review on or by April 17, 2017. Signed by Judge Christopher R. Cooper on 4/3/2017. (lccrc2) (Entered: 04/03/2017)
2017-04-04Set/Reset Deadlines: In-Camera Submission due by 4/17/2017. (zlsj) (Entered: 04/04/2017)
2017-04-1781SEALED DOCUMENT filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY re 78 Order on Motion to Dismiss,, Order on Motion for Summary Judgment, Order on Motion for Extension of Time to, (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Draft OperationsPlan)(Nebeker, William) (Entered: 04/17/2017)
2017-04-1782NOTICE Of Under Seal, In Camera Filing by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY re 78 Order on Motion to Dismiss,, Order on Motion for Summary Judgment, Order on Motion for Extension of Time to, (Nebeker, William) (Entered: 04/17/2017)
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