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Case TitleAmerican Civil Liberties Union et al v. Department of Justice et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2015cv01954
Date Filed2015-03-16
Date Closed2016-09-12
JudgeJudge Colleen McMahon
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
Case DescriptionThe ACLU submitted a FOIA request to the Department of Justice and a number of other agencies for records concerning the government's targeted-killing program. After none of the agencies had responded, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantDepartment of Justice including its components the Office of Legal Counsel and Office of Information Policy
DefendantDepartment of Defense
DefendantDepartment of State
DefendantCentral Intelligence Agency
AppealSecond Circuit 17-157
Documents
Docket
Complaint
User-contributed Documents
 Complaint
Declaration of Spurlock
Memo. in Support of Pl.'s Motion for Partial Summary Judgment
Memo. Opposing Pl.'s Motion for Partial Summary Judg.
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-03-161COMPLAINT against Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Filing Fee $ 350.00, Receipt Number 465401119747)Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(rdz) (Entered: 03/17/2015)
2015-03-16SUMMONS ISSUED as to Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (rdz) (Entered: 03/17/2015)
2015-03-16CASE REFERRED TO Judge Colleen McMahon as possibly related to 12-cv-794. (rdz) (Entered: 03/17/2015)
2015-03-16Case Designated ECF. (rdz) (Entered: 03/17/2015)
2015-03-162CIVIL COVER SHEET filed. (rdz) (rdz). (Entered: 03/17/2015)
2015-03-163STATEMENT OF RELATEDNESS re: that this action be filed as related to 15-cv-794. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(rdz) (Entered: 03/17/2015)
2015-03-204RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Shamsi, Hina) (Entered: 03/20/2015)
2015-03-205AFFIDAVIT OF SERVICE of Summons served on U.S. Department of Justice on 3/19/2015. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Jaffer, Jameel) (Entered: 03/20/2015)
2015-03-206AFFIDAVIT OF SERVICE of Summons served on U.S. Department of Defense on 3/19/2015. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Jaffer, Jameel) (Entered: 03/20/2015)
2015-03-207AFFIDAVIT OF SERVICE of Summons served on U.S. Department of State on 3/19/2015. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Jaffer, Jameel) (Entered: 03/20/2015)
2015-03-208AFFIDAVIT OF SERVICE of Summons served on Central Intelligence Agency on 3/19/2015. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Jaffer, Jameel) (Entered: 03/20/2015)
2015-03-209AFFIDAVIT OF SERVICE of Summons served on Eric Holder, Attorney General of the United States on 3/19/2015. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Jaffer, Jameel) (Entered: 03/20/2015)
2015-03-2010AFFIDAVIT OF SERVICE of Summons served on U.S. Attorney for the Southern District of New York on 3/19/2015. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Jaffer, Jameel) (Entered: 03/20/2015)
2015-03-23CASE ACCEPTED AS RELATED. Create association to 1:12-cv-00794-CM. Notice of Assignment to follow. (pgu) (Entered: 03/23/2015)
2015-03-23NOTICE OF CASE ASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 03/23/2015)
2015-03-23Magistrate Judge James C. Francis IV is so designated. (pgu) (Entered: 03/23/2015)
2015-03-2511ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/8/2015 at 11:45 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 3/25/2015) (kgo) (Entered: 03/25/2015)
2015-04-2312NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Normand, Sarah) (Entered: 04/23/2015)
2015-04-2413ANSWER to 1 Complaint,. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Normand, Sarah) (Entered: 04/24/2015)
2015-04-2414FIRST LETTER MOTION to Adjourn Conference addressed to Judge Colleen McMahon from AUSA SARAH NORMAND dated 04/24/2015. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Normand, Sarah) (Entered: 04/24/2015)
2015-04-2715ORDER terminating 14 Letter Motion to Adjourn Conference. I'm not. I am working on your case management plan. I will give it to you before I leave the country on May 14. You can stop conferring. This time I will make the rules. (Signed by Judge Colleen McMahon on 4/27/2015) (kgo) (Entered: 04/29/2015)
2015-04-3016MEMORANDUM SCHEDULING ORDER: In view of the court's ever-evolving views on how to handle a case of this sort with a modicum of efficiency, I am providing the parties with the following scheduling order. The Government must move for summary judgment by September 30, 2015. The ACLU must respond to the motion by October 30, 2015. The Government must file any reply it deems necessary by November 13, 2015, and the following as further set forth herein. We all know that the issue in this case is not going to be whether documents are subject to FOIA exemptions (b)(1), (b)(3) or (b)(5) - all of them likely will be subject to at least one of those exemptions, and quite possibly to all three. I have been at this exercise long enough to know that. The issue is whether the Government has waived its right to rely on those exemptions. I have set long dates (longer than the dates I originally had in mind, which would have had the motions briefed by the end of the summer) and I will not countenance any extensions. Motions due by 9/30/2015. Responses due by 10/30/2015 Replies due by 11/13/2015. (Signed by Judge Colleen McMahon on 4/30/2015) (kgo) (Entered: 04/30/2015)
2015-05-0117NOTICE OF APPEARANCE by Elizabeth J Shapiro on behalf of Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Shapiro, Elizabeth) (Entered: 05/01/2015)
2015-07-0118MOTION Partial Modification of Scheduling Order re: 16 Scheduling Order,,,, . Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Normand, Sarah) (Entered: 07/01/2015)
2015-07-0119MEMORANDUM OF LAW in Support re: 18 MOTION Partial Modification of Scheduling Order re: 16 Scheduling Order,,,, . . Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Normand, Sarah) (Entered: 07/01/2015)
2015-07-0120DECLARATION of John E. Bies in Support re: 18 MOTION Partial Modification of Scheduling Order re: 16 Scheduling Order,,,, .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Normand, Sarah) (Entered: 07/01/2015)
2015-07-0121DECLARATION of Douglas R. Hibbard in Support re: 18 MOTION Partial Modification of Scheduling Order re: 16 Scheduling Order,,,, .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Normand, Sarah) (Entered: 07/01/2015)
2015-07-0122DECLARATION of Mark H. Herrington in Support re: 18 MOTION Partial Modification of Scheduling Order re: 16 Scheduling Order,,,, .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Normand, Sarah) (Entered: 07/01/2015)
2015-07-0123DECLARATION of John F. Hackett in Support re: 18 MOTION Partial Modification of Scheduling Order re: 16 Scheduling Order,,,, .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 (part A), # 4 Exhibit 3 (part B), # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Normand, Sarah) (Entered: 07/01/2015)
2015-07-0224MEMORANDUM OF LAW in Opposition re: 18 MOTION Partial Modification of Scheduling Order re: 16 Scheduling Order,,,, . . Document filed by American Civil Liberties Union. (Spurlock, Matthew) (Entered: 07/02/2015)
2015-07-0925ORDER MODIFYING APRIL 30, 2015 SCHEDULING ORDER AND OTHERWISE ISSUING DIRECTIONS FOR THE FURTHER CONDUCT OF THIS ACTION granting 18 Motion for Partial Modification of Scheduling Order re: 16 Scheduling Order. The Government has moved for a modification of the scheduling order issued by this court on April 30, 2015. The court agrees with the Government that the preparation of preliminary Vaughn Indices is unlikely to lead to any meaningful resolution of issues with Plaintiffs. The court also has no interest in engaging in duplicate litigation. Accordingly: 1. The Government's request to be excused from filing early preliminary Vaughn Indices is granted. There is no need for the ACLU to file a response. 2. This court will not require the Government to produce in this lawsuit documents responsive to the FOIA requests made in the predecessor lawsuits that I have been handling for the past three years: New York Times v. Department of Justice, No. 11 Civ. 9336 (CM) and ACLU v. Department of Justice, No. 12 Civ. 794 (CM) (hereafter New York Times/ACLU I). (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 7/9/2015) (kko) (Entered: 07/09/2015)
2015-07-2226MOTION for Reconsideration re; 25 Order on Motion for Miscellaneous Relief,,,, . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Jaffer, Jameel) (Entered: 07/22/2015)
2015-07-2227MEMORANDUM OF LAW in Support re: 26 MOTION for Reconsideration re; 25 Order on Motion for Miscellaneous Relief,,,, . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Jaffer, Jameel) (Entered: 07/22/2015)
2015-07-2428FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE to Motion re: 26 MOTION for Reconsideration re; 25 Order on Motion for Miscellaneous Relief . . Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Normand, Sarah) Modified on 7/27/2015 (db). (Entered: 07/24/2015)
2015-07-27***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Sarah Sheive Normand to RE-FILE Document 28 Response to Motion. Use the event type Letter found under the event list Other Documents. (db) (Entered: 07/27/2015)
2015-07-2729LETTER addressed to Judge Colleen McMahon from AUSA Sarah S. Normand dated 07/24/2015 re: Response to ACLU's Motion for Clarification and Modification of July 9, 2015 Order. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Normand, Sarah) (Entered: 07/27/2015)
2015-07-2730MEMO ENDORSEMENT on 29 LETTER addressed to Judge Colleen McMahon from AUSA Sarah S. Normand; denying 26 Motion for Reconsideration. ENDORSEMENT: I agree with the government. The stay as granted on July 9 remains in affect. The motion at Document #26 is denied. Remove from my list of open motions. (Signed by Judge Colleen McMahon on 7/27/2015) (kgo) (Entered: 07/27/2015)
2015-08-2531NOTICE OF APPEARANCE by Brett Max Kaufman on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Kaufman, Brett) (Entered: 08/25/2015)
2015-08-2832MOTION for Partial Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Jaffer, Jameel) (Entered: 08/28/2015)
2015-08-2833MEMORANDUM OF LAW in Support re: 32 MOTION for Partial Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Appendix Waiver Table)(Jaffer, Jameel) (Entered: 08/28/2015)
2015-08-2834DECLARATION of Matthew Spurlock in Support re: 32 MOTION for Partial Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit Request, # 2 Exhibit Dec. 1989 Parks Memo, # 3 Exhibit June 2007 Dorn Decl., # 4 Exhibit May 2009 Panetta Speech, # 5 Exhibit Feb. 2010 OLC Memo, # 6 Exhibit Mar. 2010 Koh Speech, # 7 Exhibit June 2010 Panetta Interview, # 8 Exhibit July 2010 OLC Memo, # 9 Exhibit Sept. 2010 Gov't Br., # 10 Exhibit Mar. 2011 Gates Speech, # 11 Exhibit Apr. 2011 Gates Statement, # 12 Exhibit May 2011 White Paper, # 13 Exhibit Oct. 2011 Panetta Statement, # 14 Exhibit Oct. 2011 Panetta Speech, # 15 Exhibit Nov. 2011 White Paper, # 16 Exhibit Feb. 2012 Johnson Speech, # 17 Exhibit Mar. 2012 Holder Speech, # 18 Exhibit Apr. 2012 Brennan Speech, # 19 Exhibit May 2012 Feinstein Letter, # 20 Exhibit June 2012 Carney Statement, # 21 Exhibit June 2012 WPR Report, # 22 Exhibit Dec. 2012 Gov't Br., # 23 Exhibit Feb. 2013 Brennan Testimony, # 24 Exhibit Feb. 2013 Rogers Interview, # 25 Exhibit Feb. 2013 McCain Interview, # 26 Exhibit Feb. 2013 Feinstein Statement, # 27 Exhibit Feb. 2013 Brennan QFR, # 28 Exhibit Mar. 2013 Gov't Br., # 29 Exhibit Mar. 2013 Feinstein Statement, # 30 Exhibit May 2013 DOD Statement, # 31 Exhibit May 2013 Holder Letter, # 32 Exhibit May 2013 Obama Speech, # 33 Exhibit May 2013 Fact Sheet, # 34 Exhibit Aug. 2013 Kerry Statement, # 35 Exhibit 2014 Rizzo Book, # 36 Exhibit Feb. 2014 Clapper Testimony, # 37 Exhibit July 2014 Yoho Statement, # 38 Exhibit July 2014 Yoho Bill, # 39 Exhibit Sept. 2014 Pentagon Statement, # 40 Exhibit Dec. 2014 WPR Report, # 41 Exhibit Jan. 2014 Burgess Bill, # 42 Exhibit Feb. 2015 Pentagon Statement, # 43 Exhibit Mar. 2015 Pentagon Statement, # 44 Exhibit Apr. 2015 Feinstein Statement, # 45 Exhibit May 2015 White House Statement, # 46 Exhibit Apr. 2015 Burr Statement, # 47 Exhibit Apr. 2015 McCain Interview, # 48 Exhibit May 2015 NSC Statement, # 49 Exhibit June 2015 Pentagon Statement, # 50 Exhibit June 2015 White House Statement)(Jaffer, Jameel) (Entered: 08/28/2015)
2015-09-2835LETTER MOTION for Extension of Time to File Submission due September 30, 2015, addressed to Judge Colleen McMahon from AUSA Sarah S. Normand dated 09/28/2015. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Normand, Sarah) (Entered: 09/28/2015)
2015-10-0136ORDER granting 35 Letter Motion for Extension of Time to File Submission due September 30, 2015. OK. (Signed by Judge Colleen McMahon on 10/1/2015) (kko) (Entered: 10/01/2015)
2015-10-01Set/Reset Deadlines: Motions due by 10/2/2015. (kko) (Entered: 10/01/2015)
2015-10-0237MOTION for Summary Judgment . Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Normand, Sarah) (Entered: 10/02/2015)
2015-10-0238DECLARATION of John E. Bies in Support re: 37 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Normand, Sarah) (Entered: 10/02/2015)
2015-10-0240DECLARATION of John F. Hackett in Support re: 37 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (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)(Normand, Sarah) (Entered: 10/02/2015)
2015-10-0241DECLARATION of Andrew L Lewis in Support re: 37 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Normand, Sarah) (Entered: 10/02/2015)
2015-10-0242DECLARATION of Martha M. Lutz in Support re: 37 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit A)(Normand, Sarah) (Entered: 10/02/2015)
2015-10-0243DECLARATION of Douglas R. Hibbard in Support re: 37 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Normand, Sarah) (Entered: 10/02/2015)
2015-10-0344DECLARATION of John Bradford Wiegmann in Support re: 37 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit A)(Normand, Sarah) (Entered: 10/03/2015)
2015-10-0345DECLARATION of Jennifer Hudson in Support re: 37 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Normand, Sarah) (Entered: 10/03/2015)
2015-10-0346MEMORANDUM OF LAW in Support re: 37 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Normand, Sarah) (Entered: 10/03/2015)
2015-10-0347NOTICE of Lodging of Classified Documents re: 37 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Normand, Sarah) (Entered: 10/03/2015)
2015-10-05MEMORANDUM TO THE DOCKET CLERK: Document #39 deleted as per chambers. (mde) (Entered: 10/05/2015)
2015-10-2648LETTER MOTION to Stay addressed to Judge Colleen McMahon from Jameel Jaffer dated October 26, 2015. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Jaffer, Jameel) (Entered: 10/26/2015)
2015-10-2849ORDER GRANTING 30 DAY EXTENSION OF TIME. I thank the ACLU for alerting me to the Second Circuit's decision in the original case (which, I am told, is referred to by the Clerk of the Second Circuit as New York Times II). I was not notified. I do not know whether the ACLU has seen that decision; I have not. Although I doubt that New York Times II will make any difference to the briefing in this case, I will give the ACLU time to review that decision before responding. However, I am not staying the ACLU's obligation to respond; instead, I grant a 30 day extension for filing its brief. That is the length of the seal on New York Times II as ordered by the Second Circuit. The brief is now due on Monday, December 1, 2015. I would suggest that the ACLU finish drafting its brief and then make whatever additions or changes are required once it has a change to review New York Times II, because the ACLU should not count on my extending the stay. I will definitely not extend the stay until I have seen the opinion in New York Times II. It would be preferable if the Government alerted me to developments in the Court of Appeals. I should not find out about them in this manner. (Signed by Judge Colleen McMahon on 10/28/2015) By ECF to All Counsel. (rjm) (Entered: 10/28/2015)
2015-11-2450LETTER addressed to Judge Colleen McMahon from ACLU dated 11/24/2015 re: Request for Clarification. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Jaffer, Jameel) (Entered: 11/24/2015)
2015-11-2451MEMO ENDORSEMENT on re: 50 Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation. ENDORSEMENT: Tuesday December 1. (Signed by Judge Colleen McMahon on 11/24/2015) (kgo) (Entered: 11/24/2015)
2015-12-0152MEMORANDUM OF LAW in Opposition re: 37 MOTION for Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Jaffer, Jameel) (Entered: 12/01/2015)
2015-12-0153DECLARATION of Matthew Spurlock in Opposition re: 37 MOTION for Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit Report on Associated Forces, # 2 Exhibit Report on Process, # 3 Exhibit January 2014 Rizzo Book, # 4 Exhibit November 2015 Panetta Statement)(Jaffer, Jameel) (Entered: 12/01/2015)
2015-12-0954LETTER MOTION for Extension of Time to File Reply Memorandum of Law in Further Support of Motion for Summary Judgment addressed to Judge Colleen McMahon., LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Colleen McMahon. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Normand, Sarah) (Entered: 12/09/2015)
2015-12-1155ORDER granting 54 Letter Motion for Extension of Time to File ; granting 54 Letter Motion for Extension of Time to File Response/Reply. OK. (Replies due by 12/22/2015.) (Signed by Judge Colleen McMahon on 12/10/2015) (kgo) (Entered: 12/11/2015)
2015-12-2156LETTER MOTION for Leave to File Excess Pages addressed to Judge Colleen McMahon from AUSA Sarah S. Normand dated 12/21/15. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Normand, Sarah) (Entered: 12/21/2015)
2015-12-2257ORDER granting 56 Letter Motion for Leave to File Excess Pages. OK. (Signed by Judge Colleen McMahon on 12/22/2015) (kgo) (Entered: 12/22/2015)
2015-12-2258REPLY MEMORANDUM OF LAW in Support re: 37 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Normand, Sarah) (Entered: 12/22/2015)
2015-12-2259DECLARATION of AUSA Sarah S. Normand in Support re: 37 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Normand, Sarah) (Entered: 12/22/2015)
2015-12-2360LETTER MOTION for Leave to File Corrected Reply Memorandum of Law and to Refile Declaration of Rear Admiral Andrew L. Lewis addressed to Judge Colleen McMahon from AUSA Sarah S. Normand dated 12/23/15. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Normand, Sarah) (Entered: 12/23/2015)
2015-12-2861ORDER granting 60 Letter Motion for Leave to File Document. OK. (Signed by Judge Colleen McMahon on 12/28/2015) (kgo) (Entered: 12/28/2015)
2015-12-2862REPLY MEMORANDUM OF LAW in Support re: 37 MOTION for Summary Judgment . Corrected Reply Memorandum of law . Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Normand, Sarah) (Entered: 12/28/2015)
2015-12-2863FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Rear Admiral Andrew L. Lewis in Support re: 60 LETTER MOTION for Leave to File Corrected Reply Memorandum of Law and to Refile Declaration of Rear Admiral Andrew L. Lewis addressed to Judge Colleen McMahon from AUSA Sarah S. Normand dated 12/23/15., 37 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Normand, Sarah) Modified on 1/5/2016 (db). (Entered: 12/28/2015)
2015-12-2864DECLARATION of Rear Admiral Andrew L. Lewis in Support re: 37 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Normand, Sarah) (Entered: 12/28/2015)
2016-01-05***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Sarah Sheive Normand to RE-FILE Document 63 Declaration in Support of Motion. No/Blank PDF attached. (db) (Entered: 01/05/2016)
2016-02-2565SHORT FORM ORDER DIRECTING GOVERNMENT TO PRODUCE THREE DOCUMENTS FOR IN CAMERA INSPECTION: The court is today hand-delivering to the Government, and filing under seal, a memorandum order directing the Government to produce for in camera inspection three documents listed on its classified composite Vaughn Index: Department of Defense Documents 7 and 8 and Office of Legal Counsel Document 306. The Government has five business days from today's date (which, by my calculation, is March 4, 2016) to produce the three documents; as detailed in the sealed opinion, I expect all classified and National Security Act material in the documents (each of which is partially unclassified) to be clearly designated (preferably with a colored highlighter) for ease of review. The court does not believe that the memorandum order, which explains why these documents must be produced for inspection by the court, contains any classified information. However, it has been and will continue to be my practice to give the Government time to vet opinions and orders for classification issues that might escape the notice of a reader of news media in which information that the Government considers to be classified routinely appears. The Government has five business days from today's date to advise the court whether any redaction is, in its opinion, necessary; on March 4, the order will be unsealed. There may be a further request for the in camera production, but as is apparent from the unclassified memoranda of law filed by both sides, these three documents, and especially OLC 306, are the key documents in the case. After reviewing them it should be possible for me to complete the opinion disposing of the cross motions for summary judgment imminently. While I cannot assign a precise definition of that word, I hope, subject to the press of other business, to have a decision ready for vetting by the end of March. (Signed by Judge Colleen McMahon on 2/25/2016) (lmb) (Entered: 02/25/2016)
2016-03-0466MEMORANDUM ORDER DIRECTING PRODUCTION OF DOCUMENTS FOR IN CAMERA REVIEW: This memorandum order is issued so that the court can complete work on its decision on the parties' pending cross motions for summary judgment. For the reasons stated below, the Government is directed to produce OLC Document 306 and DoD Documents 7 and 8 for in camera review no later than March 4, 2016. The court will issue a short form order directing that the documents be produced for in camera review; that order will appear on the public docket. That will give the ACLU notice of the court's order. The court believes that this entire order should be deemed unclassified - as far as I can tell it contains not a scintilla of classified information -- but I will file the long-form order under seal and give the Government five business days - no more - to advise me whether any material needs to be redacted. If I do not hear about any proposed redactions within five business days, I will release this order for publication on ECF. (Signed by Judge Colleen McMahon on 2/25/2016) "Copies Hand Delivered by Chambers". (ama) Modified on 3/18/2016 (ama). (Entered: 03/04/2016)
2016-03-0467LETTER addressed to Judge Colleen McMahon from Elizabeth J. Shapiro/Sarah S. Normand dated March 4, 2016 re: Order dated February 25, 2016. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Shapiro, Elizabeth) (Entered: 03/04/2016)
2016-03-1068ADDITIONAL DIRECTIVE TO THE GOVERNMENT: The Government has announced that it will voluntarily produce additional portions of the documents identified as OLC 306 (the Presidential Policy Guidance) and DoD 7 and 8. The Government has 20 business days to review its Classified Vaughn Index and identify whether its concession means that any or all of the documents listed thereon are no longer exempt, in whole or in part, from FOIA production. (Signed by Judge Colleen McMahon on 3/10/2016) (cf) (Entered: 03/10/2016)
2016-03-3169ORDER DIRECTING ADDITIONAL PRODUCTION: As soon as possible, and certainly within the next ten days, the Government should produce for in camera inspection DoD Document #9. I apologize; I should have included this on the original list. Subject to the Government's review of the Vaughn Index in light of the partial production of OLC 306 and DoD 7 and 8, the opinion is pretty much done. I hope to have it to the Government for classification review by April 25, 2016. (Signed by Judge Colleen McMahon on 3/31/2016) (kgo) (Entered: 03/31/2016)
2016-04-0770LETTER addressed to Judge Colleen McMahon from Elizabeth J. Shapiro/Sarah Normand dated April 7, 2016 re: the Court's Order of March 10, 2016. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit)(Shapiro, Elizabeth) (Entered: 04/07/2016)
2016-04-1371LETTER addressed to Judge Colleen McMahon from Jameel Jaffer dated 04/13/2016 re: President Obama's April 8, 2016 Remarks at the University of Chicago School of Law. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Jaffer, Jameel) (Entered: 04/13/2016)
2016-04-1872LETTER addressed to Judge Colleen McMahon from Elizabeth J. Shapiro/Sarah S. Normand dated April 18, 2016 re: Response to ACLU's Letter of April 13, 2016. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Shapiro, Elizabeth) (Entered: 04/18/2016)
2016-04-2173LETTER addressed to Judge Colleen McMahon from Elizabeth J. Shapiro/Sarah S. Normand dated April 21, 2016 re: Notice of Recent Decision. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit)(Shapiro, Elizabeth) (Entered: 04/21/2016)
2016-04-2274MEMO ENDORSEMENT on re: 73 Letter, filed by Department of Defense, Department of State, Department of Justice, Central Intelligence Agency. ENDORSEMENT: Fine. By that time I should be done with the decision on Part I and II. (Signed by Judge Colleen McMahon on 4/22/2016) (lmb) (Entered: 04/22/2016)
2016-05-1075ORDER DIRECTING ADDITIONAL PRODUCTION: The Government is directed to produce CIA Document #15 to the Court for in camera review, within the next 10 days. (Signed by Judge Colleen McMahon on 5/10/2016) (kgo) (Entered: 05/10/2016)
2016-06-1776LETTER addressed to Judge Colleen McMahon from Elizabeth J. Shapiro, Sarah S. Normand and Jameel Jaffer dated June 17, 2016 re: Parts 3 and 4 of the ACLU's FOIA Request. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Shapiro, Elizabeth) (Entered: 06/17/2016)
2016-06-2077MEMO ENDORSEMENT on re: 76 Letter, filed by Department of Defense, Department of State, Department of Justice, Central Intelligence Agency. ENDORSEMENT: (i) is happening this week. (Signed by Judge Colleen McMahon on 6/20/2016) (kgo) (Entered: 06/21/2016)
2016-06-2178ORDER granting in part and denying in part 32 Motion for Partial Summary Judgment; granting 37 Motion for Summary Judgment. The court has today provided the Government with a copy of a decision disposing of the pending cross motions for summary judgment on Issues 1 and 2. Issuance of this opinion was delayed to permit in camera inspection of a number of documents, which is now concluded. The Government's motion is granted and the ACLU's is denied in significant part, but not entirely. The court is providing a copy of the decision to the Government for classification review. When that process is completed, the court will issue a further order compelling disclosure consistent with the terms of the Decision and Order. (Signed by Judge Colleen McMahon on 6/21/2016) (kgo) (Entered: 06/21/2016)
2016-07-2279LETTER MOTION to Compel addressed to Judge Colleen McMahon from Jameel Jaffer dated July 22, 2016. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Jaffer, Jameel) (Entered: 07/22/2016)
2016-07-2580SUMMARY OF SEALED ACTIVITY FOR PUBLIC RECORD granting 79 Letter Motion to Compel. The following is placed on the public record: Without having completed its classification review of the court's decision dated June 21, 2016, the Government submitted, under seal, what was, in essence, a motion for reargument, couched in the form of calling to my attention material that it thought I might have overlooked in connection with two rulings. All but one of the attachments to the Government's letter were part of the original record before the court. The newly-attached document, which was "inadvertently" not submitted the first time around, is classified. The docket sheet does not show any sealed filing by the Government last week. The Government is directed to make sure the docket sheet is updated to reflect the sealed filing. I have responded to the Government's submission by adding a few paragraphs and making a few modest changes (none of which altered the conclusions reached) to the decision, which is now the decision of July 21, rather than June 21, 2016. It will be clear from the text of the additions what the court added in response to the Government's submission. I have today received a letter from the ACLU dated July 22, 2016 (Docket # 79), asking that I order the Government to finish its classification review. It strikes the court that, the Government's disclaimers notwithstanding, this is a task that should have been accomplished by now - and nothing in the few modest additions made by the Court last week adds to that burden. I thus grant the ACLU's request and direct that the Government finish its classification review by August 5, 2016. (Signed by Judge Colleen McMahon on 7/25/2016) (kgo) (Entered: 07/25/2016)
2016-08-0581NOTICE of of Lodging of Classified Documents. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Shapiro, Elizabeth) (Entered: 08/05/2016)
2016-08-0582NOTICE of of Lodging of Classified Documents. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Shapiro, Elizabeth) (Entered: 08/05/2016)
2016-08-0883MEMORANDUM DECISION AND ORDER DECIDING THE GOVERNMENT'S AND PLAINTIFFS' RESPECTIVE MOTIONS FOR SUMMARY JUDGMENT re: 37 MOTION for Summary Judgment filed by Department of Defense, Department of State, Department of Justice, Central Intelligence Agency, 32 MOTION for Partial Summary Judgment filed by American Civil Liberties Union, American Civil Liberties Union Foundation. Except insofar as is specifically stated in connection with the ruling on a particular document, the Government's motion for summary judgment is granted and the ACLU's motion for summary judgment is denied. This constitutes the decision and order of the court. The Clerk is directed to remove the motions at Docket #32 and #37 from the Court's list of open motions. Signed August 8, 2016 and filed publicly. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 8/8/2016) BY ECF AFTER REDACTION (kko) (Entered: 08/08/2016)
2016-08-1684DIRECTIVE TO THE PARTIES: Both parties will likely wish to appeal from some portions of the court's decision (Docket #83). All of the conditions set forth in the Government's letter of June 17, 2016 (Docket #76) have now been met. Before I leave the district for two weeks, I would like to know how the parties wish to proceed. My personal preference would be to dismiss the remaining counts, which duplicate the matters in suit in the District of Columbia, and to enter a final judgment closing this case. However, if that is not what you folks have in mind, please let me know what you are planning to do and whether I need to enter an order, since an appeal at present would be interlocutory in nature. I will be unavailable beginning Thursday afternoon. (Signed by Judge Colleen McMahon on 8/16/2016) (kgo) (Entered: 08/16/2016)
2016-08-1785NOTICE of ERRATA & CORRECTED EXHIBIT 54 re: 53 Declaration in Opposition to Motion,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Errata CORRECTED EXHIBIT 54 to SPURLOCK DECLARATION)(Jaffer, Jameel) (Entered: 08/17/2016)
2016-08-1886LETTER addressed to Judge Colleen McMahon from Brett Max Kaufman dated 08.18.2016 re: Status Update. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Kaufman, Brett) (Entered: 08/18/2016)
2016-08-2387MEMO ENDORSEMENT on re: 86 Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation re: Status Update. ENDORSEMENT: Noted. (Signed by Judge Colleen McMahon on 8/23/2016) (kko) (Entered: 08/24/2016)
2016-08-3188MOTION for Jameel Jaffer to Withdraw as Attorney . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Jaffer, Jameel) (Entered: 08/31/2016)
2016-09-0689LETTER addressed to Judge Colleen McMahon from Brett Max Kaufman dated 09/06/2016 re: Remaining Claims. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Kaufman, Brett) (Entered: 09/06/2016)
2016-09-0890MOTION for Matthew Spurlock to Withdraw as Attorney . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Spurlock, Matthew) (Entered: 09/08/2016)
2016-09-0991FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) Central Intelligence Agency, Department of Defense, Department of Justice, Department of State pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(Shamsi, Hina) Modified on 9/12/2016 (km). (Entered: 09/09/2016)
2016-09-0992FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) Central Intelligence Agency, Department of Defense, Department of Justice, Department of State pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(Shamsi, Hina) Modified on 9/12/2016 (km). (Entered: 09/09/2016)
2016-09-12***NOTE TO ATTORNEY TO EMAIL DOCUMENTS - NON-ECF DOCUMENT ERROR. Note to Attorney Hina Shamsi to E-MAIL Document Nos. [91 & 92] Stipulation of Voluntary Dismissal with handwritten signatures of all parties to judgments@nysd.uscourts.gov. These documents are not filed via ECF. (km) (Entered: 09/12/2016)
2016-09-1293JOINT STIPULATION AND ORDER OF DISMISSAL OF COMPLAINT: It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the the remaining claims in the Complaint are dismissed with prejudice, pursuant to Rule 41(a)(1)of the Federal Rules of Civil Procedure. (Signed by Judge Colleen McMahon on 9/12/2016) (tro) (Entered: 09/13/2016)
2016-10-2094LETTER addressed to Judge Colleen McMahon from AUSA Sarah S. Normand and Elizabeth J. Shapiro dated 10/20/16 re: status of appellate proceedings. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit 7/16/15 Order, # 2 Exhibit 8/30/16 Mandate)(Normand, Sarah) (Entered: 10/20/2016)
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