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Case TitleLEOPOLD v. NATIONAL SECURITY AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00919
Date Filed2014-05-29
Date Closed2016-08-31
JudgeJudge Ketanji Brown Jackson
PlaintiffJASON LEOPOLD
Case DescriptionJason Leopold, an investigative reporter, submitted a request to the National Security Agency for any emails written by Edward Snowden in which he contacted agency officials about his concerns about NSA programs. The agency acknowledged receipt of the request, but after it failed to respond before the expiration of the statutory time limit, Leopold filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantNATIONAL SECURITY AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-05-291COMPLAINT against NATIONAL SECURITY AGENCY ( Filing fee $ 400 receipt number 0090-3731189) filed by JASON LEOPOLD. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DOJ, # 3 Summons NSA, # 4 Summons USAO)(Light, Jeffrey) (Entered: 05/29/2014)
2014-05-29Case Assigned to Judge Ketanji Brown Jackson. (kb) (Entered: 05/30/2014)
2014-05-302SUMMONS (3) Issued Electronically as to NATIONAL SECURITY AGENCY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb) (Entered: 05/30/2014)
2014-06-053RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/5/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 7/5/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/5/2014. (Attachments: # 1 Affidavit)(Light, Jeffrey) (Entered: 06/05/2014)
2014-06-104RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL SECURITY AGENCY served on 6/6/2014 (Light, Jeffrey) (Entered: 06/10/2014)
2014-06-125GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. See attached Order for details. Signed by Judge Ketanji Brown Jackson on 06/12/2014. (lckbj1) (Entered: 06/12/2014)
2014-07-076ANSWER to Complaint by NATIONAL SECURITY AGENCY. (Attachments: # 1 Exhibit June 23, 2014 Response to FOIA Request)(Bressler, Steven) (Entered: 07/07/2014)
2014-08-057STATUS REPORT (Joint) and Proposed Schedule by NATIONAL SECURITY AGENCY. (Bressler, Steven) (Entered: 08/05/2014)
2014-08-07MINUTE ORDER setting briefing schedule for dispositive motions: Defendant's Motion for Summary Judgment is due by 9/12/2014. Plaintiff's Consolidated Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment is due by 10/10/2014. Plaintiff's Consolidated Reply in Support of its Motion for Summary Judgment and Opposition to Defendant's Cross Motion for Summary Judgment is due by 10/31/2014. Plaintiff's Reply in Support of its Cross Motion for Summary Judgment is due by 11/21/2014. Signed by Judge Ketanji Brown Jackson on 08/07/2014. (lckbj1) (Entered: 08/07/2014)
2014-09-128MOTION for Summary Judgment by NATIONAL SECURITY AGENCY (Attachments: # 1 Memorandum in Support, # 2 Declaration Declaration of David J. Sherman, # 3 Exhibit Exhibit A to Sherman Decl., # 4 Exhibit Exhibit B to Sherman Decl., # 5 Exhibit Exhibit C to Sherman Decl., # 6 Exhibit Exhibit D to Sherman Decl., # 7 Exhibit Exhibit E to Sherman Decl., # 8 Text of Proposed Order, # 9 Statement of Facts)(Bressler, Steven) (Entered: 09/12/2014)
2014-10-109Consent MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment by JASON LEOPOLD (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 10/10/2014)
2014-10-14MINUTE ORDER granting, for good cause shown, 9 Motion for Extension of Time to File Response re 8 MOTION for Summary Judgment. Plaintiff's response to 8 is due by 10/24/2014. Any further requests for extensions of time must comply with 5 the Court's General Order and Guidelines for Civil Cases. Counsel is specifically directed to Section 5 of the Appendix to the General Order and Guidelines. Signed by Judge Ketanji Brown Jackson on 10/14/2014. (lckbj1) (Entered: 10/14/2014)
2014-10-2310MOTION for Leave to File Amended Complaint by JASON LEOPOLD (Attachments: # 1 Memorandum in Support, # 2 Exhibit Amended complaint (redlined), # 3 Exhibit Amended complaint, # 4 Text of Proposed Order)(Light, Jeffrey) (Entered: 10/23/2014)
2014-10-2311Emergency MOTION to Stay re 8 MOTION for Summary Judgment briefing schedule by JASON LEOPOLD (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 10/23/2014)
2014-10-2412Memorandum in opposition to re 11 Emergency MOTION to Stay re 8 MOTION for Summary Judgment briefing schedule filed by NATIONAL SECURITY AGENCY. (Bressler, Steven) (Entered: 10/24/2014)
2014-11-0613Memorandum in opposition to re 10 MOTION for Leave to File Amended Complaint filed by NATIONAL SECURITY AGENCY. (Attachments: # 1 Declaration of Paul J. Blaskowski, # 2 Exhibit 1 to Blaskowski Declaration (June 9, 2014 Letter from NSA to Jason Leopold))(Bressler, Steven) (Entered: 11/06/2014)
2014-11-21MINUTE ORDER. It is hereby ORDERED that Plaintiff's 10 Motion for Leave to Amend the Complaint is GRANTED and Plaintiff's [10-3] Amended Complaint is accepted for filing. It is FURTHER ORDERED that Plaintiff's 11 Emergency Motion to Stay is DENIED. Plaintiff shall file his opposition to Defendant's 8 Motion for Summary Judgment by 12/19/2014. Signed by Judge Ketanji Brown Jackson on 11/21/2014. (lckbj1) (Entered: 11/21/2014)
2014-11-2114AMENDED COMPLAINT against NATIONAL SECURITY AGENCY filed by JASON LEOPOLD.(jf, ) (Entered: 11/24/2014)
2014-11-2615Unopposed MOTION to Modify Briefing Schedule by NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Bressler, Steven) Modified on 12/1/2014 (jf, ). (Entered: 11/26/2014)
2014-12-01MINUTE ORDER granting, for good cause shown, 15 Unopposed Motion to Modify Briefing Schedule. The following amended briefing schedule shall govern this matter: Plaintiff's Consolidated Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment is due by 12/19/2014. Defendant's Consolidated Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross Motion for Summary Judgment is due by 1/16/2015. Plaintiff's Reply in Support of its Cross Motion for Summary Judgment is due by 2/6/2015. Signed by Judge Ketanji Brown Jackson on 12/1/2014. (lckbj1) (Entered: 12/01/2014)
2014-12-0516ANSWER to 14 Amended Complaint by NATIONAL SECURITY AGENCY. Related document: 14 Amended Complaint filed by JASON LEOPOLD. (Attachments: # 1 Exhibit 23 June 2014 Response Letter to Plaintiff, # 2 Exhibit 9 June 2014 Initial Response Letter to Plaintiff)(Bressler, Steven) (Entered: 12/05/2014)
2014-12-17MINUTE ORDER. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure regarding plaintiff's FOIA request of May 30, 2014, by January 9, 2015. Signed by Judge Ketanji Brown Jackson on 12/17/2014. (lckbj1) (Entered: 12/17/2014)
2014-12-17Set/Reset Deadlines: Joint proposed schedule for briefing due by 1/9/2015. (gdf) (Entered: 12/17/2014)
2014-12-1917MOTION for Discovery by JASON LEOPOLD (Attachments: # 1 Bradner Declaration, # 2 Light Declaration, # 3 Text of Proposed Order)(znmw, ) (Entered: 12/22/2014)
2015-01-0918STATUS REPORT (Joint) by NATIONAL SECURITY AGENCY. (Bressler, Steven) (Entered: 01/09/2015)
2015-01-1419MOTION for Judgment on the Pleadings (Partial) by JASON LEOPOLD (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 01/14/2015)
2015-01-1620Consent MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Judgment on the Pleadings (Partial) by 14 Days by NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Bressler, Steven) (Entered: 01/16/2015)
2015-01-1621Memorandum in opposition to re 17 MOTION for Discovery filed by NATIONAL SECURITY AGENCY. (Attachments: # 1 Text of Proposed Order, # 2 Declaration Second Declaration of David J. Sherman)(Bressler, Steven) (Entered: 01/16/2015)
2015-01-16MINUTE ORDER. Status Conference set for 1/27/2015 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 01/16/2015. (lckbj3) (Entered: 01/16/2015)
2015-01-1622Unopposed MOTION to Continue Status Conference by NATIONAL SECURITY AGENCY (Bressler, Steven) (Entered: 01/16/2015)
2015-01-20MINUTE ORDER granting 20 Motion for Extension of Time to File Response re 19 MOTION for Judgment on the Pleadings (Partial) ; granting 22 Motion to Continue. It is hereby ORDERED that Defendant's opposition to 19 is due by 2/11/2015. It is FURTHER ORDERED that the status conference currently set for 1/27/2015 is VACATED and RESET for 1/29/2015 at 2:30 PM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 1/20/2015. (lckbj1) Modified on 1/20/2015 (zgdf, ). (Entered: 01/20/2015)
2015-01-20Set/Reset Deadlines: Responses due by 2/11/2015 (gdf) (Entered: 01/20/2015)
2015-01-29Minute Entry; for proceedings held before Judge Ketanji Brown Jackson: Status Conference held on 1/29/2015. (Court Reporter Barbara De Vico.) (hs) (Entered: 01/29/2015)
2015-02-0423Unopposed MOTION for Scheduling Order to Set Schedule for Processing of Plaintiff's May 30, 2014 FOIA Request by NATIONAL SECURITY AGENCY (Attachments: # 1 Exhibit January 30, 2015 Letter from Steven Y. Bressler to Jeffrey L. Light Proposing a Schedule for Processing of Plaintiff's May 30, 2014 FOIA Request, # 2 Text of Proposed Order)(Bressler, Steven) (Entered: 02/04/2015)
2015-02-0524ORDER granting 23 Unopposed Motion to Set Processing Schedule for Plaintiff's May 30, 2014 Freedom of Information Act Request. See attached Orders for details. Signed by Judge Ketanji Brown Jackson on 2/5/2015. (lckbj1) (Entered: 02/05/2015)
2015-02-05MINUTE ORDER. In light of the entry of the Court's 24 Order setting the processing schedule for plaintiff's May 30, 2014 FOIA request, it is hereby ORDERED that 19 Motion for Judgment on the Pleadings is DENIED without prejudice as moot. It is FURTHER ORDERED that the parties shall file a joint status report regarding plaintiff's May 30, 2014 FOIA request by May 13, 2016, which shall include a schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 2/5/2015. (lckbj1) (Entered: 02/05/2015)
2015-02-0625REPLY to opposition to motion re 17 MOTION for Discovery filed by JASON LEOPOLD. (Light, Jeffrey) (Entered: 02/06/2015)
2015-02-2026MEMORANDUM OPINION AND ORDER. It is hereby ORDERED that Plaintiff's 17 Motion for Discovery is DENIED. It is FURTHER ORDERED that Plaintiff shall file any opposition to Defendants Motion for Summary Judgment and any cross-motion for summary judgment by March 31, 2015, absent further Order of the Court. See the attached Memorandum Opinion and Order for details. Signed by Judge Ketanji Brown Jackson on 02/20/2015. (lckbj3) (Entered: 02/20/2015)
2015-02-23Set/Reset Deadlines: Response to Motion for Summary Judgment and Cross Motion due by 3/31/2015. (gdf) (Entered: 02/23/2015)
2015-03-3127WITHDRAWN PURSUANT TO 37 NOTICE OF WITHDRAWAL OF MOTION.....Memorandum in opposition to re 8 MOTION for Summary Judgment filed by JASON LEOPOLD. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts)(Light, Jeffrey) Modified on 9/1/2015 (gdf). (Entered: 04/01/2015)
2015-04-0128ERRATA by JASON LEOPOLD 27 Memorandum in Opposition filed by JASON LEOPOLD. (Attachments: # 1 Exhibit Corrected filing)(Light, Jeffrey) (Entered: 04/01/2015)
2015-04-0129WITHDRAWN PURSUANT TO 37 NOTICE OF WITHDRAWAL OF MOTION.....Cross MOTION for Summary Judgment by JASON LEOPOLD (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) Modified on 9/1/2015 (jf). (Entered: 04/01/2015)
2015-04-0130Consent MOTION for Briefing Schedule to Govern the Parties' Remaining Summary Judgment Filings by NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Bressler, Steven) (Entered: 04/01/2015)
2015-04-13MINUTE ORDER granting, for good cause shown, 30 Motion for Briefing Schedule. Defendant's consolidated Reply in Further Support of its Motion for Summary Judgement and Opposition to Plaintiff's Cross-Motion for Summary Judgment is due by 5/8/2015. Plaintiff's Reply in Further Support of his Cross-Motion for Summary Judgment is due by 6/5/2015. Signed by Judge Ketanji Brown Jackson on 04/13/2015. (lckbj1, ) (Entered: 04/13/2015)
2015-04-14Set/Reset Deadlines: Response to Cross Motions due by 5/8/2015. (gdf) (Entered: 04/14/2015)
2015-05-0831REPLY to opposition to motion re 8 MOTION for Summary Judgment filed by NATIONAL SECURITY AGENCY. (Attachments: # 1 Declaration 3d Declaration of David Sherman, # 2 Text of Proposed Order)(Bressler, Steven) (Entered: 05/08/2015)
2015-05-0832Memorandum in opposition to re 29 Cross MOTION for Summary Judgment filed by NATIONAL SECURITY AGENCY. (Attachments: # 1 Declaration 3d Declaration of David Sherman, # 2 Text of Proposed Order)(Bressler, Steven) (Entered: 05/08/2015)
2015-06-0533REPLY to opposition to motion re 29 Cross MOTION for Summary Judgment filed by JASON LEOPOLD. (Light, Jeffrey) (Entered: 06/06/2015)
2015-07-10MINUTE ORDER Setting Hearing on 8 MOTION for Summary Judgment and 29 Cross MOTION for Summary Judgment for 7/28/2015 at 03:00 PM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 07/10/2015. (lckbj1) (Entered: 07/10/2015)
2015-07-1434Consent MOTION to Continue Hearing by JASON LEOPOLD (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 07/14/2015)
2015-07-15MINUTE ORDER granting, for good cause shown, 34 Motion to Continue Hearing. It is hereby ORDERED that the Motion Hearing currently set for 7/28/2015 is VACATED and RESET for 8/11/2015 at 03:00 PM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 07/15/2015. (lckbj1) (Entered: 07/15/2015)
2015-08-11Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Motion Hearing held on 8/11/2015, re 8 MOTION for Summary Judgment and 29 Cross MOTION for Summary Judgment. Oral argument heard and motions taken under advisement. (Court Reporter Barbara DeVico) (gdf) (Entered: 08/11/2015)
2015-08-1735TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson held on 8-11-15; Page Numbers: 1-44. Date of Issuance:8-17-15. Court Reporter/Transcriber Barbara DeVico, Telephone number (202)354-3118, Court Reporter Email Address : Barbara_DeVico@dcd.uscourts.gov.<P></P>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, PDF or ASCII) may be purchased from the court reporter.<P> 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.<P></P> Redaction Request due 9/7/2015. Redacted Transcript Deadline set for 9/17/2015. Release of Transcript Restriction set for 11/15/2015.(DeVico, Barbara) (Entered: 08/17/2015)
2015-08-1736NOTICE of Filing of Supplemental Declaration by NATIONAL SECURITY AGENCY re 8 MOTION for Summary Judgment (Attachments: # 1 Declaration of David Sherman)(Bressler, Steven) (Entered: 08/17/2015)
2015-09-0137NOTICE OF WITHDRAWAL OF MOTION by JASON LEOPOLD re 29 Cross MOTION for Summary Judgment , 27 Memorandum in Opposition (Light, Jeffrey) (Entered: 09/01/2015)
2015-09-0338NOTICE by JASON LEOPOLD re 37 Notice of Withdrawal of Motion (Light, Jeffrey) (Entered: 09/03/2015)
2015-09-1139ORDER construing NSAs 8 Motion for Summary Judgment as a Motion for Partial Summary Judgment and, so construed, GRANTING the motion as conceded. Signed by Judge Ketanji Brown Jackson on 09/11/2015. (lckbj1) (Entered: 09/11/2015)
2015-10-2740Consent MOTION for Extension of Time to Produce Documents in Response to Plaintiff's FOIA Request by NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Bressler, Steven) (Entered: 10/27/2015)
2015-10-27MINUTE ORDER granting, for good cause shown, 40 Consent Motion for Extension of Time to Produce Documents in Response to Plaintiff's FOIA Request. Defendants third deadline to process records responsive to plaintiffs May 30, 2014 Freedom of Information Act Request, as set forth in this Courts prior Order of February 5, 2015 (ECF No. 24), is extended from October 29 to November 13, 2015. Signed by Judge Ketanji Brown Jackson on 10/27/2015. (lckbj1) (Entered: 10/27/2015)
2016-01-2741Unopposed MOTION for Extension of Time to Complete Fourth Production of Documents by One Week by NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Bressler, Steven) (Entered: 01/27/2016)
2016-01-27MINUTE ORDER granting, for good cause shown, 41 Unopposed Motion for Extension of Time to Complete Fourth Production of Documents by One Week. due by 2/5/2016. It is hereby ORDERED that Defendants fourth deadline toprocess records responsive to plaintiffs May 30, 2014 Freedom of Information Act Request, as set forth in this Courts prior 24 Order of February 5, 2015, is extended from January 29 to February 5, 2016. Signed by Judge Ketanji Brown Jackson on 1/27/2016. (lckbj1) (Entered: 01/27/2016)
2016-06-14MINUTE ORDER. On 2/5/2015, this Court entered a Minute Order requiring the parties to file, on or before 5/13/2016, a joint status report and proposed briefing schedule regarding plaintiff's FOIA request of 5/30/2014. This date has passed, and the parties have neither filed the requisite report nor requested an extension of time to do so. Accordingly, it is hereby ORDERED that, on or before 6/28/2016, the parties shall file a joint states report regarding plaintiff's FOIA request dated 5/30/2014, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 6/14/2016. (lckbj1) (Entered: 06/14/2016)
2016-06-2342NOTICE of Appearance by Brigham John Bowen on behalf of All Defendants (Bowen, Brigham) (Entered: 06/23/2016)
2016-06-2843Joint STATUS REPORT by JASON LEOPOLD. (Light, Jeffrey) (Entered: 06/28/2016)
2016-06-29MINUTE ORDER. Based on the representations in the parties' 43 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 7/26/2016, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 06/29/2016. (lckbj1) (Entered: 06/29/2016)
2016-07-01Set/Reset Deadlines: Status Report due by 7/26/2016 (tj) (Entered: 07/01/2016)
2016-07-2644Joint STATUS REPORT by JASON LEOPOLD. (Light, Jeffrey) (Entered: 07/26/2016)
2016-07-27MINUTE ORDER. Based on the representations in the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 8/30/2016, which shall contain a proposed briefing schedule if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 07/27/2016. (lckbj1) (Entered: 07/27/2016)
2016-08-3045STIPULATION of Dismissal with Prejudice by JASON LEOPOLD. (Light, Jeffrey) (Entered: 08/30/2016)
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