Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that the CIA properly withheld records in response to a FOIA request from the ACLU concerning the agency's prepublication review process under Exemption 1 (national security) and Exemption 3 (other statutes) but rejected the agency's claim that personally identifying information was protected by Exemption 6 (invasion of privacy). The ACLU sent the same request to 19 agencies and the CIA's claims were the only ones remaining when Sullivan ruled. The CIA had responded to the ACLU's request by releasing nine documents in full, 20 documents in part, and withheld seven documents in full. However, the ACLU challenged only a single withholding â€" the redaction of the names of several CIA employees based on Exemptions 1, 3, and 6. The CIA argued that the redacted names were those of current covert officers. However, the ACLU argued that the names were those of former employees whose identities had been revealed, specifically on an unclassified internal blog. Sullivan rejected the claim, noting that "the CIA responds â€" and the Court agrees â€" that the intra-agency dissemination of information does not amount to making the information 'public through an official and documented disclosure.'" The CIA also withheld the names under the CIA Act of 1949. Again, the ACLU argued that the agency had failed to show that the names had not been public. But Sullivan indicated that "the CIA employee's publication of a book disclosing the employee's affiliation with the CIA does not satisfy the requirement that the disclosure be 'official and documented.'" However, Sullivan rejected the agency's claim that the names were protected by Exemption 6. He pointed out that "the CIA has not explained why disclosing the list of CIA employees could subject them to harassment nor who would harass them." He added that "where the affidavit supporting an exemption is conclusory, courts will provide the agency with the opportunity to submit a supplemental affidavit with revised declarations or affidavits to explain in more detail the privacy interest the published authors have in their names. Because the Court has already concluded that the names are withheld pursuant to Exemption 1 and Exemption 3, and according will not be disclosed, the Court need not provide the CIA with the opportunity here."
Issues: Exemption 1 - Harm to national security, Exemption 3 - Statutory prohibition of disclosure, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2016-06-21	1	COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE ( Filing fee $ 400 receipt number 0090-4576095) filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION. (Attachments: # 1 Civil Cover Sheet, # 2 Rule 7.1 Disclosure, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(Spitzer, Arthur) (Entered: 06/21/2016)
2016-06-21	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (md) (Entered: 06/21/2016)
2016-06-21		Case Assigned to Judge Emmet G. Sullivan. (md) (Entered: 06/21/2016)
2016-06-22	3	SUMMONS (10) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 06/22/2016)
2016-06-28	4	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Benjamin Robert Good, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, 18th Floor, New York, NY 10004. Phone No. - 212-549-2500. Fax No. - 212-549-2654 Filing fee $ 100, receipt number 0090-4584776. Fee Status: Fee Paid. by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Spitzer, Arthur) (Entered: 06/28/2016)
2016-06-28	5	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brett Max Kaufman, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, 18th Floor, New York, NY 10004. Phone No. - 212-549-2500. Fax No. - 212-548-2654 Filing fee $ 100, receipt number 0090-4584784. Fee Status: Fee Paid. by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Spitzer, Arthur) (Entered: 06/28/2016)
2016-06-29		MINUTE ORDER granting 4 motion for leave to appear pro hac vice. Benjamin Robert Good is hereby admitted pro hac vice in this matter. Signed by Judge Emmet G. Sullivan on June 29, 2016. (lcegs3) (Entered: 06/29/2016)
2016-06-29		MINUTE ORDER granting 5 motion for leave to appear pro hac vice. Brett Max Kaufamn is hereby admitted pro hac vice in this matter. Signed by Judge Emmet G. Sullivan on June 29, 2016. (lcegs3) (Entered: 06/29/2016)
2016-07-22	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/6/2016. Answer due for ALL FEDERAL DEFENDANTS by 8/5/2016. (Good, Benjamin) (Entered: 07/22/2016)
2016-07-22	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General July 5, 2016. (Good, Benjamin) (Entered: 07/22/2016)
2016-07-22	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE served on 7/5/2016 (Good, Benjamin) (Entered: 07/22/2016)
2016-07-22	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE TREASURY served on 7/5/2016 (Good, Benjamin) (Entered: 07/22/2016)
2016-07-22	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF STATE served on 7/5/2016 (Good, Benjamin) (Entered: 07/22/2016)
2016-07-22	11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 7/6/2016 (Good, Benjamin) (Entered: 07/22/2016)
2016-07-22	12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF ENERGY served on 7/5/2016 (Good, Benjamin) (Entered: 07/22/2016)
2016-07-22	13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 7/5/2016 (Good, Benjamin) (Entered: 07/22/2016)
2016-07-22	14	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 7/5/2016 (Good, Benjamin) (Entered: 07/22/2016)
2016-07-22	15	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 7/5/2016 (Good, Benjamin) (Entered: 07/22/2016)
2016-07-26	16	Consent MOTION for Extension of Time to File Responsive Pleading by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Parker, Ryan) (Entered: 07/26/2016)
2016-07-27		MINUTE ORDER granting 16 defendant's unopposed motion for extension of time. Defendants shall answer, or otherwise respond to plaintiffs' complaint, by no later than September 7, 2016. Signed by Judge Emmet G. Sullivan on July 27, 2016. (lcegs3) (Entered: 07/27/2016)
2016-07-27		Set/Reset Deadlines/Hearings: Answer or other response due by 9/7/2016. (cdw) (Entered: 07/28/2016)
2016-08-01	17	REQUEST FOR SUMMONS TO ISSUE filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION.(Good, Benjamin) (Entered: 08/01/2016)
2016-08-02	18	SUMMONS Issued Electronically as to DEPARTMENT OF STATE. (jf) (Entered: 08/02/2016)
2016-08-31	19	NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Attorney Benjamin Robert Good terminated. (Good, Benjamin) (Entered: 08/31/2016)
2016-09-07	20	ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.(Parker, Ryan) (Entered: 09/07/2016)
2016-09-30	21	STANDING ORDER. The parties are directed to read this Order in its entirety upon receipt. The parties shall file a proposed schedule for future proceedings by no later than October 7, 2016. Signed by Judge Emmet G. Sullivan on 09/30/2016. (lcegs3) (Entered: 09/30/2016)
2016-10-03		Set/Reset Deadlines: Joint Scheduling Order For Further Proceedings due by 10/7/2016. (mac) (Entered: 10/03/2016)
2016-10-04	22	Joint MOTION for Extension of Time to File a Proposed Schedule for Future Proceedings by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Parker, Ryan) (Entered: 10/04/2016)
2016-10-04		MINUTE ORDER granting 22 joint motion for an extension of time to file a proposed scheduling order. The parties shall file their proposed scheduling order by no later than November 4, 2016. Signed by Judge Emmet G. Sullivan on 10/4/2016. (lcegs3) (Entered: 10/04/2016)
2016-10-04		Set/Reset Deadlines: Proposed Scheduling Order due by 11/4/2016. (mac) (Entered: 10/04/2016)
2016-11-04	23	PROPOSED BRIEFING SCHEDULE re 21 Order Directing Parties to File a Joint Proposed Scheduling Order by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Parker, Ryan) (Entered: 11/04/2016)
2016-11-07		MINUTE ORDER. Upon consideration of the parties' joint proposed scheduling order, the parties are directed to file another joint proposed scheduling order by no later than April 7, 2017. Signed by Judge Emmet G. Sullivan on 11/7/2016. (lcegs3) (Entered: 11/07/2016)
2016-11-07		Set/Reset Deadlines: Proposed Scheduling Order due by 4/7/2017. (mac) (Entered: 11/07/2016)
2017-02-23	24	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alex Abdo, :Firm- Knight First Amendment Institute at Columbia University, :Address- 535 West 116th Street, Low Library, New York, New York 10027. Phone No. - 212-854-1128. Filing fee $ 100, receipt number 0090-4852480. Fee Status: Fee Paid. by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Kaufman, Brett) (Entered: 02/23/2017)
2017-02-23	25	NOTICE of Appearance by Jameel Jaffer on behalf of All Plaintiffs (Jaffer, Jameel) (Entered: 02/23/2017)
2017-02-23		MINUTE ORDER granting 24 motion for admission pro hac vice. Alex Abdo is hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on 02/23/2017. (lcegs3) (Entered: 02/23/2017)
2017-04-07	26	PROPOSED BRIEFING SCHEDULE re Order Directing Parties to File a Joint Proposed Scheduling Order by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Parker, Ryan) (Entered: 04/07/2017)
2017-04-10		MINUTE ORDER. Upon consideration of the parties' joint proposed scheduling order, the parties are directed to file another joint proposed scheduling order by no later than June 24, 2017. Signed by Judge Emmet G. Sullivan on 04/10/2017. (lcegs3) (Entered: 04/10/2017)
2017-04-10		Set/Reset Deadlines: Joint Proposed Scheduling Order due by 6/24/2017. (mac) (Entered: 04/10/2017)
2017-06-23	27	PROPOSED BRIEFING SCHEDULE by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Parker, Ryan) (Entered: 06/23/2017)
2017-06-26		MINUTE ORDER. In view of 27 the parties' Joint Proposed Scheduling Order, the parties are ORDERED to file another joint proposed scheduling order by no later than August 25, 2017 to update the Court on the status of defendants' productions and whether further litigation will be necessary. Signed by Judge Emmet G. Sullivan on 06/26/2017. (lcegs3) (Entered: 06/26/2017)
2017-06-27		Set/Reset Deadlines: Joint Proposed Scheduling Order due by 8/25/2017. (mac) (Entered: 06/27/2017)
2017-08-24	28	STIPULATION of Dismissal of Several Agencies and Components by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Abdo, Alexander) (Entered: 08/24/2017)
2017-08-25	29	PROPOSED BRIEFING SCHEDULE by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Parker, Ryan) (Entered: 08/25/2017)
2017-08-28		MINUTE ORDER. In view of 29 the parties' Joint Proposed Scheduling Order, the parties are ORDERED to file another joint proposed scheduling order by no later than October 20, 2017. Signed by Judge Emmet G. Sullivan on 8/28/2017.(lcegs3) (Entered: 08/28/2017)
2017-08-28		Set/Reset Deadlines: Joint Proposed Scheduling Order due by 10/20/2017. (mac) (Entered: 08/28/2017)
2017-10-20	30	PROPOSED BRIEFING SCHEDULE by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Parker, Ryan) (Entered: 10/20/2017)
2017-10-20		MINUTE ORDER In view of 30 the parties' Joint Proposed Briefing Schedule, the parties are ORDERED to file another joint proposed briefing schedule by no later than December 15, 2017 to update the Court on the status of defendants' productions and whether further litigation will be necessary. Signed by Judge Emmet G. Sullivan on 10/20/2017. (lcegs3) (Entered: 10/20/2017)
2017-10-23		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 12/15/2017. (mac) (Entered: 10/23/2017)
2017-12-13	31	Consent MOTION for Extension of Time to File Joint Proposed Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Parker, Ryan) (Entered: 12/13/2017)
2017-12-14		MINUTE ORDER granting 31 consent motion for extension of time to file joint proposed briefing schedule. Parties shall therefore file a joint proposed briefing schedule by December 22, 2017. Signed by Judge Emmet G. Sullivan on 12/14/2017. (lcegs3) (Entered: 12/14/2017)
2017-12-14		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 12/22/2017. (mac) (Entered: 12/14/2017)
2017-12-22	32	PROPOSED BRIEFING SCHEDULE by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Parker, Ryan) (Entered: 12/22/2017)
2018-01-02	33	MINUTE ORDER in view of 32 , joint proposed briefing schedule, the parties are ordered to file another joint proposed briefing schedule by February 23, 2018 to update the Court on the status of defendants' productions and whether further litigation will be necessary. Signed by Judge Emmet G. Sullivan on 1/2/2018. (lcegs3) (Entered: 01/02/2018)
2018-01-03		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 2/23/2018. (mac) (Entered: 01/03/2018)
2018-01-31	34	NOTICE of Change of Address by Alexander Abraham Abdo (Abdo, Alexander) (Entered: 01/31/2018)
2018-02-23	35	Joint MOTION for Extension of Time to File Joint Proposed Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Parker, Ryan) (Entered: 02/23/2018)
2018-02-26		MINUTE ORDER granting 35 joint motion for extension of time to file joint proposed briefing schedule. The parties shall therefore file their joint proposed briefing schedule by March 9, 2018. Signed by Judge Emmet G. Sullivan on 2/26/2018. (lcegs3) (Entered: 02/26/2018)
2018-02-26		Set/Reset DeadlinesJoint Proposed Briefing Schedule due by 3/9/2018. (mac) (Entered: 02/26/2018)
2018-03-09	36	PROPOSED BRIEFING SCHEDULE by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Parker, Ryan) (Entered: 03/09/2018)
2018-03-13		MINUTE ORDER in view of 36 joint proposed briefing schedule, the parties are ordered to file another joint proposed briefing schedule by May 18, 2018 to update the Court on the status of defendants' productions and whether further litigation will be necessary. Signed by Judge Emmet G. Sullivan on 3/13/2018. (lcegs3) (Entered: 03/13/2018)
2018-03-13		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 5/18/2018 (mac) (Entered: 03/13/2018)
2018-05-18	37	PROPOSED BRIEFING SCHEDULE by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Parker, Ryan) (Entered: 05/18/2018)
2018-05-21		MINUTE ORDER in view of 37 joint proposed briefing schedule, the parties are directed to file another joint proposed scheduling order by August 10, 2018 to update the Court on the status of defendants' productions and whether further litigation will be necessary. Signed by Judge Emmet G. Sullivan on 5/21/2018. (lcegs3) (Entered: 05/21/2018)
2018-05-22		Set/Reset Deadlines: Joint Proposed Scheduling Order due by 8/10/2018. (mac) (Entered: 05/22/2018)
2018-06-01	38	NOTICE OF SUBSTITUTION OF COUNSEL by Tamra Tyree Moore on behalf of All Defendants Substituting for attorney Ryan Bradley Parker (Moore, Tamra) (Entered: 06/01/2018)
2018-08-10	39	PROPOSED BRIEFING SCHEDULE by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Moore, Tamra) (Entered: 08/10/2018)
2018-08-13		MINUTE ORDER in view of 39 proposed briefing schedule, in which the parties state that they are working toward resolution of the case, the parties are directed to file another joint proposed scheduling order by September 21, 2018 to update the Court on whether further litigation will be necessary. Signed by Judge Emmet G. Sullivan on 8/13/2018. (lcegs3) (Entered: 08/13/2018)
2018-08-14		Set/Reset Deadlines: Joint Proposed Scheduling Order due by 9/21/2018. (mac) (Entered: 08/14/2018)
2018-09-21	40	Joint Proposed Scheduling Order by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Moore, Tamra) Modified on 9/24/2018 to correct docket text (jf). (Entered: 09/21/2018)
2018-09-24		MINUTE ORDER in view of 40 joint proposed scheduling order, the parties are directed to file another joint status report by no later than November 30, 2018 to update the Court as to whether further litigation will be necessary. Signed by Judge Emmet G. Sullivan on 9/24/2018. (lcegs3) (Entered: 09/24/2018)
2018-09-25		Set/Reset Deadlines: Joint Status Report due by 11/30/2018. (mac) (Entered: 09/25/2018)
2018-11-30	41	Consent MOTION for Extension of Time to File Joint Status Report by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 11/30/2018)
2018-12-03		MINUTE ORDER granting 41 defendants' consent motion for extension of time to file joint status report. The parties shall therefore file a joint status report by December 10, 2018. Signed by Judge Emmet G. Sullivan on 12/3/2018. (lcegs3) (Entered: 12/03/2018)
2018-12-04		Set/Reset Deadlines: Joint Status Report due by 12/10/2018. (mac) (Entered: 12/04/2018)
2018-12-10	42	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Moore, Tamra) (Entered: 12/10/2018)
2018-12-11		MINUTE ORDER. In view of 42 joint status report, the parties are directed to file another joint status report by January 25, 2019 updating the Court as to whether further litigation will be necessary and proposing a briefing schedule, if appropriate. Signed by Judge Emmet G. Sullivan on 12/11/2018. (lcegs3) (Entered: 12/11/2018)
2018-12-12		Set/Reset Deadlines: Joint Status Report due by 1/25/2019. (mac) (Entered: 12/12/2018)
2019-01-25	43	Joint MOTION for Extension of Time to File Joint Status Report by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Kaufman, Brett) (Entered: 01/25/2019)
2019-01-25		MINUTE ORDER granting 43 joint motion for extension of time to file joint status report. The parties are directed to file another joint status report by no later than February 11, 2019 updating the Court as to whether further litigation will be necessary and proposing a briefing schedule, if appropriate. Signed by Judge Emmet G. Sullivan on 1/25/2019. (lcegs3) (Entered: 01/25/2019)
2019-01-28		Set/Reset Deadlines: Joint Status Report due by 2/11/2019. (mac) (Entered: 01/28/2019)
2019-01-28	44	NOTICE to the Court of Restoration of Appropriations by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re Order on Motion for Extension of Time to File, (Moore, Tamra) (Entered: 01/28/2019)
2019-02-11	45	Joint Proposed Scheduling Order by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Moore, Tamra) Modified on 2/12/2019 to correct docket text (jf). (Entered: 02/11/2019)
2019-02-12		MINUTE ORDER. In view of the 45 Joint Proposed Scheduling Order, the parties are directed to file a joint status report by no later than July 26, 2019, updating the Court on the status of Defendants' responses to Plaintiffs' FOIA requests and proposing a schedule for further proceedings. The Court declines to adopt Plaintiffs' proposed bifurcated summary judgment briefing schedule substantially for the reasons set forth in Defendants' proposal. See Joint Proposed Scheduling Order, ECF No. 45 at 9-10. Signed by Judge Emmet G. Sullivan on 2/12/2019. (lcegs3) (Entered: 02/12/2019)
2019-02-12		Set/Reset Deadlines: Joint Status Report due by 7/26/2019. (mac) (Entered: 02/12/2019)
2019-05-03	46	STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 05/03/19. (Attachment: Exhibit 1) (mac) (Entered: 05/03/2019)
2019-05-24	47	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ramya Krishnan, :Firm- Knight First Amendment Institute at Columbia University, :Address- ramya.krishnan@knightcolumbia.org. Phone No. - 6467458500. Filing fee $ 100, receipt number 0090-6144907. Fee Status: Fee Paid. by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Jaffer, Jameel) (Entered: 05/24/2019)
2019-05-28		MINUTE ORDER granting 47 Motion for Leave to Appear Pro Hac Vice. The Court hereby grants Ramya Krishnan pro hac vice admission to this Court pursuant to Local Civil Rule 83.2. Signed by Judge Emmet G. Sullivan on 5/28/2019. (lcegs3) (Entered: 05/28/2019)
2019-07-24	48	NOTICE OF SUBSTITUTION OF COUNSEL by Antonia Marie Konkoly on behalf of CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE Substituting for attorney Tamra Moore (Konkoly, Antonia) (Entered: 07/24/2019)
2019-07-26	49	Joint STATUS REPORT and Proposed Schedule for Further Proceedings by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 07/26/2019)
2019-07-29		MINUTE ORDER. In view of the 49 Joint Status Report, Plaintiffs shall communicate all issues and withholdings they plan to challenge to Defendants by no later than July 31, 2019. The parties are directed to meet and confer, and file a further joint status report by no later than August 7, 2019, proposing a schedule for dispositive motions. Signed by Judge Emmet G. Sullivan on 7/29/2019. (lcegs3) (Entered: 07/29/2019)
2019-07-29		Set/Reset Deadlines: Further Joint Status Report due by 8/7/2019. (mac) (Entered: 07/29/2019)
2019-08-07	50	Joint STATUS REPORT With Proposed Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 08/07/2019)
2019-08-08		MINUTE ORDER. Upon consideration of the parties' 50 Joint Status Report with Proposed Briefing Schedule, the parties shall adhere to the following briefing schedule: (1) Defendant Central Intelligence Agency ("CIA") shall file its motion for summary judgment by no later than September 12, 2019; (2) Plaintiffs shall file their cross-motion for summary judgment by no later than October 10, 2019; (3) the CIA shall file a single memorandum containing its reply arguments in support of its motion and in opposition to Plaintiffs' motion by no later than October 31, 2019; and (4) Plaintiffs shall file a reply memorandum in support of their motion by no later than November 14, 2019. Signed by Judge Emmet G. Sullivan on 8/8/2019. (lcegs3) (Entered: 08/08/2019)
2019-08-15	51	STIPULATION of Dismissal of Several Agencies and Components by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Jaffer, Jameel) (Entered: 08/15/2019)
2019-08-19		MINUTE ORDER. In view of the 51 Joint Stipulation of Dismissal of Several Agencies and Components, Defendants Central Intelligence Agency and the Air Force are the remaining defendants in this action. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiffs voluntarily dismissed with prejudice their claims against the following nine Defendants: (1) Defense Intelligence Agency; (2) Department of Homeland Security; (3) Department of State; (4) Department of Treasury; (5) Federal Bureau of Investigation; (6) National Reconnaissance Office; (7) National Security Agency; (8) Navy; and (9) Office of the Director of National Intelligence. Signed by Judge Emmet G. Sullivan on 8/19/2019. (lcegs3) (Entered: 08/19/2019)
2019-09-12	52	MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Memorandum in Support, # 2 Declaration of Antoinette B. Shiner, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Statement of Facts, # 7 Text of Proposed Order)(Konkoly, Antonia) (Entered: 09/12/2019)
2019-09-13		MINUTE ORDER denying without prejudice 52 Defendant's Motion for Summary Judgment for failure to comply with paragraph 13 of the Court's Standing Order, ECF No. 46 at 8-10. Plaintiffs' deadline to respond to Defendant's motion is hereby VACATED. The parties are directed to submit a joint proposed briefing schedule by no later than September 27, 2019. Signed by Judge Emmet G. Sullivan on 9/13/2019. (lcegs3) (Entered: 09/13/2019)
2019-09-16	53	PROPOSED BRIEFING SCHEDULE (Joint) by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 09/16/2019)
2019-09-18		MINUTE ORDER. Upon consideration of the 53 Joint Proposed Briefing Schedule, the parties shall adhere to the following briefing schedule: (1) Defendant Central Intelligence Agency ("CIA") shall re-file its motion for summary judgment by no later than September 20, 2019; (2) Plaintiffs shall file their cross-motion for summary judgment by no later than October 10, 2019; (3) the CIA shall file a single memorandum containing its reply arguments in support of its motion and in opposition to Plaintiffs' motion by no later than October 31, 2019; and (4) Plaintiffs shall file a reply memorandum in support of their motion by no later than November 14, 2019. Signed by Judge Emmet G. Sullivan on 9/18/2019. (lcegs3) (Entered: 09/18/2019)
2019-09-18	54	MOTION for Summary Judgment (Corrected) by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Memorandum in Support, # 2 Declaration of Antoinette B. Shiner, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Statement of Facts, # 7 Text of Proposed Order)(Konkoly, Antonia) (Entered: 09/18/2019)
2019-09-19		Set/Reset Deadlines: CIA To Re-File Its Motion For Summary Judgment due by 9/20/2019. Plaintiff Cross-Motion For Summary Judgment due by 10/10/2019. CIA Single Memorandum Containing Its Reply Arguments In Support Of Its Motion And In Opposition due by 10/31/2019. Plaintiffs Reply Memorandum In Support Of Their Motion due by 11/14/2019. (mac) (Entered: 09/19/2019)
2019-10-10	55	Cross MOTION for Partial Summary Judgment by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Memorandum in Support, # 2 Declaration of Ramya Krishnan, # 3 Exhibit A to I, # 4 Statement of Facts, # 5 Text of Proposed Order)(Krishnan, Ramya) Modified on 10/11/2019 to correct docket text (jf). (Entered: 10/10/2019)
2019-10-11		NOTICE OF ERROR re 55 Motion for Partial Summary Judgment; emailed to ramya.krishnan@knightcolumbia.org, cc'd 14 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. using the OPPOSITION event (zjf, ) (Entered: 10/11/2019)
2019-10-11	56	Memorandum in opposition to re 54 MOTION for Summary Judgment (Corrected) filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Ramya Krishnan, # 3 Exhibit A to I, # 4 Statement of Facts, # 5 Text of Proposed Order)(Krishnan, Ramya) (Entered: 10/11/2019)
2019-10-28	57	Consent MOTION for Extension of Time to File Response/Reply (Remaining Summary Judgment Briefing Schedule) by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 10/28/2019)
2019-10-30		MINUTE ORDER granting 57 Consent Motion for Extension of Time to File Response/Reply. The parties shall adhere to the following modified briefing schedule: (1) the CIA shall file a single memorandum containing its reply arguments in support of its motion for summary judgment and in opposition to Plaintiffs' cross-motion for summary judgment by no later than November 6, 2019; and (2) Plaintiffs shall file a reply memorandum in support of their motion by no later than November 22, 2019. Signed by Judge Emmet G. Sullivan on 10/30/2019. (lcegs3) (Entered: 10/30/2019)
2019-10-30		Set/Reset Deadlines: CIA Single Memorandum In Support Of Its Motion For Summary Judgment And In Opposition to Plaintiffs' Cross-Motion For Summary Judgment due by 11/6/2019. Plaintiffs Reply Memorandum In Support Of Their Motion due by 11/22/2019. (mac) (Entered: 10/30/2019)
2019-11-06	58	RESPONSE re 55 Cross MOTION for Partial Summary Judgment AND OPPOSITION TO DEFENDANT CIAS MOTION FOR SUMMARY JUDGMENT filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 CIA Reply to Counter-Statement of Material Facts)(Konkoly, Antonia) (Entered: 11/06/2019)
2019-11-06	59	REPLY to opposition to motion re 54 MOTION for Summary Judgment (Corrected) filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 CIA Reply to Counter-Statement of Material Facts)(Konkoly, Antonia) (Entered: 11/06/2019)
2019-11-22	60	Memorandum in opposition to re 54 MOTION for Summary Judgment (Corrected) filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Krishnan, Ramya) (Entered: 11/22/2019)
2019-11-22	61	REPLY to opposition to motion re 55 Cross MOTION for Partial Summary Judgment AND OPPOSITION TO DEFENDANT CIAS MOTION FOR SUMMARY JUDGMENT filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Krishnan, Ramya) (Entered: 11/22/2019)
2020-01-24	62	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Meenakshi Krishnan, Filing fee $ 100, receipt number ADCDC-6764287. Fee Status: Fee Paid. by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Jaffer, Jameel) (Entered: 01/24/2020)
2020-01-24		MINUTE ORDER granting 62 Motion for Leave to Appear Pro Hac Vice. Meenakshi Krishnan is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Emmet G. Sullivan on 1/24/2020. (lcegs3) (Entered: 01/24/2020)
2020-01-29	63	NOTICE of Appearance by Meenakshi Krishnan on behalf of All Plaintiffs (Krishnan, Meenakshi) (Entered: 01/29/2020)
2020-09-03	64	NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Attorney Meenakshi Krishnan terminated. (Krishnan, Meenakshi) (Entered: 09/03/2020)
2021-11-24	65	ORDER granting in part and denying in part 54 Motion for Summary Judgment; granting in part and denying in part 55 Motion for Partial Summary Judgment. Signed by Judge Emmet G. Sullivan on 11/24/2021. (lcegs1) (Entered: 11/24/2021)
2021-11-24	66	MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 11/24/2021. (lcegs1) (Entered: 11/24/2021)
2021-11-24		MINUTE ORDER. In view of 65 Order and 66 Memorandum Opinion, the parties are directed to file, by no later than December 8, 2021, a Joint Status Report regarding the status of their remaining dispute. Signed by Judge Emmet G. Sullivan on 11/24/2021. (lcegs1) (Entered: 11/24/2021)
2021-11-29		Set/Reset Deadlines: Joint Status Report due by 12/8/2021 (mac) (Entered: 11/29/2021)
2021-12-08	67	STIPULATION of Dismissal by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Jaffer, Jameel) (Entered: 12/08/2021)
2021-12-08	68	Joint STATUS REPORT and Request for Entry of Judgment by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Jaffer, Jameel) (Entered: 12/08/2021)
2021-12-08	69	MOTION for Extension of Time to Request Attorneys' Fees by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Jaffer, Jameel) (Entered: 12/08/2021)
2021-12-08	70	MOTION for Entry of Judgment by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (See Docket Entry 68 to view document) (zjf) (Entered: 12/09/2021)
2021-12-09		NOTICE OF ERROR re 68 Status Report; emailed to jameel.jaffer@knightcolumbia.org, cc'd 19 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE - Counsel is reminded to docket all parts of their filing (zjf, ) (Entered: 12/09/2021)
2021-12-09		MINUTE ORDER granting 69 motion to extend deadline. Plaintiffs shall file their motion for attorney's fees by no later than February 21, 2022. Signed by Judge Emmet G. Sullivan on 12/9/2021. (lcegs1) (Entered: 12/09/2021)
2021-12-09	71	JUDGMENT in favor of the Central Intelligence Agency and against the American Civil Liberties Union and the American Civil Liberties Union Foundation. Signed by Judge Emmet G. Sullivan on 12/9/2021. (lcegs1) (Entered: 12/09/2021)
2021-12-10		Set/Reset Deadlines: Plaintiffs Motion For Attorney Fees due by 2/21/2022. (mac) (Entered: 12/10/2021)
2021-12-10	72	CLERK'S JUDGMENT in favor of Central Intelligence Agency against American Civil Liberties Union and the American Civil Liberties Union Foundation on 12/10/21. (mac) (Entered: 12/10/2021)
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