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Case TitleDE SOUSA v. CENTRAL INTELLIGENCE AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01951
Date Filed2014-11-19
Date ClosedOpen
JudgeChief Judge Beryl A. Howell
PlaintiffSABRINA DE SOUSA
Case DescriptionSabrina De Sousa worked at the U.S. Embassy in Italy at the time that Abu Omar was renditioned by the U.S. and sent from Italy to Egypt where he was tortured. Italian authorities indicted De Sousa and 25 others for their alleged role in the rendition of Abu Omar and tried and convicted De Sousa and others in absentia. Because De Sousa might be extradited if she traveled abroad, she was not allowed to leave the U.S. and ultimately resigned from the State Department. She submitted FOIA requests to State, the CIA, and the Department of Defense for records pertaining to the U.S. government's investigation of Abu Omar's rendition as well as determinations concerning the government's obligation to defend her. The CIA issued a Glomar response neither confirming nor denying the existence of records. The other agencies did not substantively respond to her requests and De Sousa finally filed suit.
Complaint issues: Failure to respond within statutory time limit, Determination - Glomar response, Litigation - Attorney's fees

DefendantCENTRAL INTELLIGENCE AGENCY
DefendantCENTRAL INTELLIGENCE AGENCY
Washington, DC 20505
DefendantDEPARTMENT OF DEFENSE
DefendantU.S. DEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-11-191COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-3910873) filed by SABRINA DE SOUSA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(Light, Jeffrey) (Entered: 11/19/2014)
2014-11-192NOTICE OF RELATED CASE by SABRINA DE SOUSA. Case related to Case No. 1:09-cv-896 (BAH). (Light, Jeffrey) (Entered: 11/19/2014)
2014-11-19Case Assigned to Judge Beryl A. Howell. (sth, ) (Entered: 11/20/2014)
2014-11-203SUMMONS (4) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE and U.S. Attorney. (Attachments: # 1 Summons)(sth, ) (Entered: 11/20/2014)
2014-11-204REQUEST FOR SUMMONS TO ISSUE United States Attorney General by SABRINA DE SOUSA filed by SABRINA DE SOUSA.(Light, Jeffrey) (Entered: 11/20/2014)
2014-11-205SUMMONS (1) Issued Electronically as to U.S. Attorney General (rdj) (Entered: 11/20/2014)
2014-11-206STANDING ORDER. Signed by Judge Beryl A. Howell on November 20, 2014. (lcbah1) (Entered: 11/20/2014)
2014-11-287RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/21/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 12/21/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/21/2014. (Light, Jeffrey) (Entered: 11/28/2014)
2014-12-088RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 12/3/2014 (Light, Jeffrey) (Entered: 12/08/2014)
2014-12-179Consent MOTION for Extension of Time to File Answer re 1 Complaint, by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 12/17/2014)
2014-12-18MINUTE ORDER (paperless) GRANTING the defendants' 9 Consent Motion for Enlargement of Time to Answer or Otherwise Respond to Complaint. The defendants shall, by January 21, 2015, respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on December 18, 2014. (lcbah1) (Entered: 12/18/2014)
2014-12-18Set/Reset Deadlines: Answer to the Complaint due by 1/21/2015. (tg, ) (Entered: 12/18/2014)
2015-01-2010NOTICE OF SUBSTITUTION OF COUNSEL by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Anderson, Caroline) Modified on 1/21/2015 (rdj). (Entered: 01/20/2015)
2015-01-2111ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE.(Anderson, Caroline) (Entered: 01/21/2015)
2015-02-0212Amended ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE.(Anderson, Caroline) (Entered: 02/02/2015)
2015-02-12MINUTE ORDER (paperless) TO SHOW CAUSE why the parties have failed to comply with this Court's 6 Standing Order, which states that "[i]n any action under the Freedom of Information Act, 5 U.S.C. § 552, counsel for the parties shall jointly prepare and submit a report to the Court, within fourteen days after any defendant files a responsive pleading setting forth whether the agency has made a final determination 'whether to comply' with any FOIA request at issue," and, if possible propose a briefing schedule to control further proceedings in this matter. 6 Standing Order para. 3(b). The defendant answered the plaintiff's complaint on January 21, 2015, more than fourteen days ago. 11 Answer. Therefore, the parties are ORDERED to submit, by February 20, 2015, (1) an explanation as to why the parties failed to comply with this Court's 6 Standing Order, and (2) the items required by the Court's 6 Standing Order in paragraph 3(b). Signed by Judge Beryl A. Howell on February 12, 2015. (lcbah1) (Entered: 02/12/2015)
2015-02-13Set/Reset Deadlines: Response to Order of the Court due by 2/20/2015. (tg, ) (Entered: 02/13/2015)
2015-02-2013STATUS REPORT and Joint Response to Order to Show Cause by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Anderson, Caroline) (Entered: 02/20/2015)
2015-02-20MINUTE ORDER (paperless) DISCHARGING this Court's Order to Show Cause of February 12, 2015 and ISSUING the following SCHEDULING ORDER to control further procedures in this matter, in light of the parties' 13 Joint Status Report: the defendants shall, on April 20, 2015 and every ninety days thereafter, jointly submit a Status Report to the Court detailing (1) the status of the defendants' processing of the plaintiff's FOIA request; (2) the number of records each defendant has processed and that each defendant has released to the plaintiff; and (3) the estimated date on which the defendants will complete their production of any responsive, non-exempt records to the plaintiff. Signed by Judge Beryl A. Howell on February 20, 2015. (lcbah1) (Entered: 02/20/2015)
2015-02-20Set/Reset Deadlines: Joint Status Report due by 4/20/2015 and every ninety days thereafter. (tg, ) (Entered: 02/20/2015)
2015-02-2014NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. Attorney John G. Interrante terminated. (Interrante, John) (Entered: 02/20/2015)
2015-04-2015STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Anderson, Caroline) (Entered: 04/20/2015)
2015-07-1716STATUS REPORT Joint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Anderson, Caroline) (Entered: 07/17/2015)
2015-10-1317Consent MOTION for Extension of Time to File Joint Status Report by SABRINA DE SOUSA (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 10/13/2015)
2015-10-13MINUTE ORDER (paperless) GRANTING the plaintiff's 17 Consent Motion for Extension of Time to File Status Report. Accordingly, the parties shall, by October 22, 2015, file their next Joint Status Report. Signed by Judge Beryl A. Howell on October 13, 2015. (lcbah1) (Entered: 10/13/2015)
2015-10-13Set/Reset Deadlines: Joint Status Report due by 10/22/2015. (tg) (Entered: 10/13/2015)
2015-10-2118Consent MOTION for Extension of Time to file Joint Status Report by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order Proposed Order)(Anderson, Caroline) (Entered: 10/21/2015)
2015-10-22MINUTE ORDER (paperless) GRANTING the defendants' 18 Consent Motion for Extension of Time to File Status Report. Accordingly, the parties shall, by October 28, 2015, file their next Joint Status Report. Signed by Judge Beryl A. Howell on October 22, 2015. (lcbah1) (Entered: 10/22/2015)
2015-10-22Set/Reset Deadlines: Joint Status Report due by 10/28/2015. (tg) (Entered: 10/22/2015)
2015-10-2819Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE. (Anderson, Caroline) (Entered: 10/28/2015)
2016-01-2620Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE. (Anderson, Caroline) (Entered: 01/26/2016)
2016-01-26MINUTE ORDER (paperless) in light of the parties' 20 Joint Status Report, DIRECTING the parties to file, by February 23, 2016, another joint status report advising the Court of any remaining unresolved issues and, if necessary, proposing a briefing schedule for summary judgment. Signed by Judge Beryl A. Howell on January 26, 2016. (lcbah1) (Entered: 01/26/2016)
2016-01-27Set/Reset Deadlines: Joint Status Report due by 2/23/2016. (tg) (Entered: 01/27/2016)
2016-02-2321Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE. (Anderson, Caroline) (Entered: 02/23/2016)
2016-02-23MINUTE ORDER (paperless) ISSUING the following SCHEDULING ORDER, upon consideration of the parties' 21 Joint Status Report: the defendants shall, by March 22, 2016, file any dispositive motion; the plaintiff shall, by April 21, 2016, file any opposition to the defendants' dispositive motion and any cross-motion; the defendants shall, by May 23, 2016, file any reply in support of their dispositive motion and any opposition to the plaintiff's cross-motion; the plaintiff shall, by June 6, 2016, file any reply in support of any cross-motion. Signed by Judge Beryl A. Howell on February 23, 2016. (lcbah1) (Entered: 02/23/2016)
2016-02-23Set/Reset Deadlines: Dispositive Motions due by 3/22/2016; Cross-Motions/ Oppositions to Dispositive Motions due by 4/21/2016; Oppositions to Cross-Motions/Replies to Oppositions to Dispositive Motions due by 5/23/2016; Replies to Oppositions to Cross Motions due by 6/6/2016. (tg) (Entered: 02/23/2016)
2016-03-2222MOTION for Summary Judgment and Memorandum of Points and Authorities by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Declaration of Antoinette Shiner, # 2 Exhibit Exhibits to Shiner Declaration, # 3 Declaration of Mark Herrington, # 4 Declaration of Eric Stein, # 5 Exhibit February 2, 2016 Email, # 6 Statement of Facts, # 7 Text of Proposed Order)(Anderson, Caroline) (Entered: 03/22/2016)
2016-04-1923ERRATA to Correct Declaration of Eric Stein by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE 22 MOTION for Summary Judgment and Memorandum of Points and Authorities filed by DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE, CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit Corrected Declaration of Eric Stein)(Anderson, Caroline) (Entered: 04/19/2016)
2016-04-2124Memorandum in opposition to re 22 MOTION for Summary Judgment and Memorandum of Points and Authorities filed by SABRINA DE SOUSA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Text of Proposed Order)(Light, Jeffrey) (Entered: 04/22/2016)
2016-04-2225Cross MOTION for Summary Judgment by SABRINA DE SOUSA (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Declaration Sabrina De Sousa, # 8 Statement of Facts, # 9 Text of Proposed Order)(Light, Jeffrey) (Entered: 04/22/2016)
2016-05-1026Unopposed MOTION for Extension of Time to file Defendants' combined Opposition to Plaintiff's dispositive motion and Reply in support of their dispositive motion by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Anderson, Caroline) (Entered: 05/10/2016)
2016-05-10MINUTE ORDER (paperless) GRANTING the defendants' 26 Unopposed Motion for Extension of Time. Accordingly, the defendants shall, by June 8, 2016, file their combined opposition to the plaintiff's summary judgment motion and reply in support of their own summary judgment motion; the plaintiff shall, by July 5, 2016, file any reply in support of her summary judgment. Signed by Chief Judge Beryl A. Howell on May 10, 2016. (lcbah1) (Entered: 05/10/2016)
2016-05-10Set/Reset Deadlines: Defendants' combined opposition to plaintiff's motion for summary judgment and reply in support of their own summary judgment motion due by 6/8/2016; plaintiff's reply in support of her motion for summary judgment due by 7/5/2016. (tg) (Entered: 05/10/2016)
2016-06-0827Memorandum in opposition to re 25 Cross MOTION for Summary Judgment and Reply in Support of Defendants' Motion for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Statement of Facts Statement of Genuine Issues in Response to Plaintiff's Statement of Facts, # 2 Exhibit A)(Anderson, Caroline) (Entered: 06/08/2016)
2016-06-0828REPLY to opposition to motion re 22 MOTION for Summary Judgment and Memorandum of Points and Authorities filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE. (See docket entry 27 to view document)(zrdj) (Entered: 06/09/2016)
2016-06-09NOTICE OF ERROR re 27 Memorandum in Opposition; emailed to caroline.j.anderson@usdoj.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Counsel is reminded that a combined document must be filed using EACH event respectively. NO ACTION IS NEEDED (zrdj, ) (Entered: 06/09/2016)
2016-07-0529REPLY to opposition to motion re 25 Cross MOTION for Summary Judgment filed by SABRINA DE SOUSA. (Light, Jeffrey) (Entered: 07/05/2016)
2016-09-0930NOTICE OF SUBSTITUTION OF COUNSEL by Brigham John Bowen on behalf of All Defendants Substituting for attorney Caroline J. Anderson (Bowen, Brigham) (Entered: 09/09/2016)
2017-01-12MINUTE ORDER (paperless) DIRECTING, upon review of the government's submissions in support of its motion for summary judgment, that the government clarify, by January 19, 2017, its generally stated position about the appropriateness of a Glomar response by (1) specifying for each individual category of records sought in each FOIA/PA request to the CIA and State Department at issue in this lawsuit what fact protected by a Glomar response would be revealed were the agency to confirm or deny the existence of responsive records, with additional declarations as necessary; and (2) explaining the impact, if any, on the CIA's policies and practices if the plaintiff's position were adopted that correspondence strictly between the CIA and its employee (or the employee's attorney) constitutes an "official acknowledgment" of the agency's relationship with the employee. The plaintiff may submit any response to the government's submission by January 27, 2017. Signed by Chief Judge Beryl A. Howell on January 12, 2017. (lcbah1) (Entered: 01/12/2017)
2017-01-1331Unopposed MOTION for Extension of Time to File Response to January 12, 2017 Minute Order by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Bowen, Brigham) (Entered: 01/13/2017)
2017-01-13MINUTE ORDER (paperless) GRANTING the defendants' 31 Unopposed Motion for Extension of Time. Accordingly, the defendants shall respond to the Court's Order dated January 12, 2017, by February 2, 2017. The plaintiff shall file any response by February 10, 2017. Signed by Chief Judge Beryl A. Howell on January 13, 2017. (lcbah1) (Entered: 01/13/2017)
2017-01-13Set/Reset Deadlines: Defendants' Response to Court Order dated 1/12/2017, due by 2/2/2017; Plaintiff's Response due by 2/10/2017. (tg) (Entered: 01/17/2017)
2017-02-0232RESPONSE TO ORDER OF THE COURT re Order,,,, filed by CENTRAL INTELLIGENCE AGENCY, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Declaration of Antoinette B. Shiner, # 2 Declaration of Eric F. Stein)(Bowen, Brigham) (Entered: 02/02/2017)
2017-02-0233NOTICE of Lodging of Ex Parte, In Camera Classified Declaration by CENTRAL INTELLIGENCE AGENCY re Order,,,, (Bowen, Brigham) (Entered: 02/02/2017)
2017-02-0934REPLY re 32 Response to Order of the Court filed by SABRINA DE SOUSA. (Light, Jeffrey) Modified event title on 2/10/2017 (znmw). (Entered: 02/09/2017)
2017-03-0935ORDER DENYING in part and GRANTING in part the defendants' 22 Motion for Summary Judgment and DENYING the plaintiff's 25 Cross-Motion for Summary Judgment. See Order for further details. Signed by Chief Judge Beryl A. Howell on March 9, 2017. (lcbah1) (Entered: 03/09/2017)
2017-03-0936MEMORANDUM OPINION regarding the defendants' 22 Motion for Summary Judgment and the plaintiff's 25 Cross-Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on March 9, 2017. (lcbah1) (Entered: 03/09/2017)
2017-03-09Set/Reset Deadlines: Joint proposed schedule due by 3/31/2017. (tg) (Entered: 03/09/2017)
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by FOIA Project Staff