Skip to content

Case Detail

[Subscribe to updates]
Case TitleJohnson v. Central Intelligence Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv01928
Date Filed2017-03-16
Date Closed2018-03-30
JudgeJudge Colleen McMahon
PlaintiffAdam Johnson
Case DescriptionAdam Johnson, a free-lance journalist, submitted a FOIA request to the CIA for records concerning communications between the Office of Public Affairs and several reporters that had been requested in 2012 by reporter John Cook. The agency records released to Cook contained the journalists' inquiries, but did not include the agency's responses. Johnson asked the agency to reassess its position on its response to Cook. After hearing nothing further from the agency, Johnson filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantCentral Intelligence Agency
DefendantNational Security Counselors, Inc.
DefendantNew Venture Fund
DefendantGovernment Accountability Project, Inc.
DefendantGovernment Information Watch
DefendantProject on Government Oversight, Inc.
AppealSecond Circuit 18-1826
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [38]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-03-161COMPLAINT against Central Intelligence Agency. (Filing Fee $ 400.00, Receipt Number 0208-13427364)Document filed by Adam Johnson. (Attachments: # 1 Exhibit Exhibit A - Example of CIA Redactions)(Novack, Daniel) (Entered: 03/16/2017)
2017-03-162CIVIL COVER SHEET filed. (Novack, Daniel) (Entered: 03/16/2017)
2017-03-163REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint. Document filed by Adam Johnson. (Novack, Daniel) (Entered: 03/16/2017)
2017-03-17***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Richard Novack. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (jvs) (Entered: 03/17/2017)
2017-03-17CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (jvs) (Entered: 03/17/2017)
2017-03-17Magistrate Judge Gabriel W. Gorenstein is so designated. (jvs) (Entered: 03/17/2017)
2017-03-17Case Designated ECF. (jvs) (Entered: 03/17/2017)
2017-03-174ELECTRONIC SUMMONS ISSUED as to Central Intelligence Agency. (jvs) (Entered: 03/17/2017)
2017-03-205AFFIDAVIT OF SERVICE of Summons and Complaint. Central Intelligence Agency served on 3/20/2017, answer due 4/20/2017. Service was made by Mail. Document filed by Adam Johnson. (Novack, Daniel) (Entered: 03/20/2017)
2017-04-076NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of Central Intelligence Agency. (Sun, Anthony) (Entered: 04/07/2017)
2017-04-137LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from AUSA Anthony J. Sun dated 4/13/2017. Document filed by Central Intelligence Agency.(Sun, Anthony) (Entered: 04/13/2017)
2017-04-138ORDER granting 7 Letter Motion for Extension of Time. OK. (Signed by Judge Colleen McMahon on 4/13/2017) (kgo) (Entered: 04/13/2017)
2017-04-13Set/Reset Deadlines: Central Intelligence Agency answer due 5/8/2017. (kgo) (Entered: 04/13/2017)
2017-04-139ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/19/2017 at 10:15 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 4/13/2017) (kgo) Modified on 4/13/2017 (kgo). (Entered: 04/13/2017)
2017-05-0810ANSWER to 1 Complaint. Document filed by Central Intelligence Agency.(Sun, Anthony) (Entered: 05/08/2017)
2017-05-19Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 5/19/2017. Decision: Initial conference held. Parties have until June 30, 2017 to resolve all outstanding issues in this case. Otherwise, Plaintiffs motion for summary judgment will be due by July 28, 2017, the Governments response will be due August 25, 2017, and Plaintiffs reply will be due by September 8, 2017.Submitted By: Jeremy R. Girton. (mde) (Entered: 05/19/2017)
2017-07-1011CONSENT LETTER MOTION for Extension of Time re briefing schedule addressed to Judge Colleen McMahon from AUSA Anthony J. Sun dated 7/10/2017. Document filed by Central Intelligence Agency.(Sun, Anthony) (Entered: 07/10/2017)
2017-07-1012ORDER granting 11 CONSENT LETTER MOTION for Extension of Time re briefing schedule addressed to Judge Colleen McMahon from AUSA Anthony J. Sun dated 7/10/2017. Document filed by Central Intelligence Agency. OK. (Cross Motions due by 9/8/2017. Motions due by 8/11/2017). (Signed by Judge Colleen McMahon on 7/10/2017) (rjm) (Entered: 07/11/2017)
2017-07-10Set/Reset Deadlines: Responses due by 9/22/2017. Replies due by 10/6/2017. (rjm) (Entered: 07/11/2017)
2017-08-0813SECOND LETTER MOTION for Extension of Time on consent re briefing schedule addressed to Judge Colleen McMahon from AUSA Anthony J. Sun dated 8/8/2017. Document filed by Central Intelligence Agency.(Sun, Anthony) (Entered: 08/08/2017)
2017-08-0814ORDER granting 13 Letter Motion for Extension of Time. Ok. Cross Motions due by 9/22/2017. Motions due by 8/25/2017. (Signed by Judge Colleen McMahon on 8/8/2017) (mro) (Entered: 08/09/2017)
2017-08-08Set/Reset Deadlines: Responses due by 10/6/2017 Replies due by 10/20/2017. (mro) (Entered: 08/09/2017)
2017-08-2515NOTICE OF APPEARANCE by Elizabeth Tulis on behalf of Central Intelligence Agency. (Tulis, Elizabeth) (Entered: 08/25/2017)
2017-08-2516MOTION for Summary Judgment . Document filed by Central Intelligence Agency. Responses due by 9/22/2017(Sun, Anthony) (Entered: 08/25/2017)
2017-08-2517DECLARATION of Anthony J. Sun in Support re: 16 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Sun, Anthony) (Entered: 08/25/2017)
2017-08-2518DECLARATION of Antoinette B. Shiner in Support re: 16 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Sun, Anthony) (Entered: 08/25/2017)
2017-08-2519NOTICE of Classified Filing re: 16 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Sun, Anthony) (Entered: 08/25/2017)
2017-08-2520MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency. (Sun, Anthony) (Entered: 08/25/2017)
2017-09-2221MOTION for Summary Judgment . Document filed by Adam Johnson. Responses due by 10/6/2017(Novack, Daniel) (Entered: 09/22/2017)
2017-09-2222MEMORANDUM OF LAW in Support re: 21 MOTION for Summary Judgment . . Document filed by Adam Johnson. (Novack, Daniel) (Entered: 09/22/2017)
2017-10-0623REPLY MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment ., 21 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency. (Sun, Anthony) (Entered: 10/06/2017)
2017-10-2024REPLY MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment ., 21 MOTION for Summary Judgment . . Document filed by Adam Johnson. (Novack, Daniel) (Entered: 10/20/2017)
2018-01-1925ORDER: The court has today posted an interim order in the above-captioned case. The Government has been given a copy of this order, which seeks additional briefing from the parties on the issue of FOIA waiver. The Government has five business days to review this order and redact any classified information therefrom, so that the redacted order can be publicly posted on ECF. (Signed by Judge Colleen McMahon on 1/19/2018) (kgo) (Entered: 01/19/2018)
2018-01-2426LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from AUSA Anthony J. Sun dated 1/24/2018. Document filed by Central Intelligence Agency.(Sun, Anthony) (Entered: 01/24/2018)
2018-01-2527ORDER granting 26 Letter Motion for Extension of Time. OK. (Signed by Judge Colleen McMahon on 1/25/2018) (kgo) (Entered: 01/25/2018)
2018-01-3028MEMORANDUM ORDER REGARDING THE GOVERNMENT'S AND PLAINTIFF'S RESPECTIVE MOTIONS FOR SUMMARY JUDGMENT: The Government has until January 31 to provide the court with a better reply to Plaintiff's brief in opposition to the motion. There is no need to reiterate the reasons why the exemptions apply, the only open issue is whether they have been waived. I must give Plaintiff an opportunity to respond to any unclassified information in the Government's response; it has until February 15. This constitutes the decision and order of the Court. BY HAND TO THE GOVERNMENT IN UNREDACTED FORM. BY ECF IN REDACTED FORM TO ALL COUNSEL. (Signed by Judge Colleen McMahon on 1/19/2018) (ras) (Entered: 01/30/2018)
2018-02-1429SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment . (redacted version) . Document filed by Central Intelligence Agency. (Sun, Anthony) (Entered: 02/14/2018)
2018-02-1430NOTICE of Classified Lodging re: 29 Memorandum of Law in Support of Motion. Document filed by Central Intelligence Agency. (Sun, Anthony) (Entered: 02/14/2018)
2018-02-2731CONSENT MOTION to File Amicus Brief in Opposition to Defendant's Motion for Summary Judgment . Document filed by National Security Counselors, Inc., New Venture Fund. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 02/27/2018)
2018-03-0232SUPPLEMENTAL MOTION for Summary Judgment . Document filed by Adam Johnson.(Novack, Daniel) (Entered: 03/02/2018)
2018-03-0933NOTICE OF CHANGE OF ADDRESS by Kelly Brian McClanahan on behalf of National Security Counselors, Inc., New Venture Fund. New Address: National Security Counselors, 4702 Levada Terrace, Rockville, MD, USA 20853, 301-728-5908. (McClanahan, Kelly) (Entered: 03/09/2018)
2018-03-0934CONSENT MOTION for Extension of Time to File Proposed Amici Curiae Brief . Document filed by National Security Counselors, Inc., New Venture Fund. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/09/2018)
2018-03-1235ORDER granting 34 Letter Motion for Extension of Time to File Amici Curiae Brief. It is ORDERED that the Motion is GRANTED conditioned on the filing of a brief by March 16. I do not consent to April 2; this motion must be decided before March 31. (Signed by Judge Colleen McMahon on 3/12/2018) (kgo) (Entered: 03/12/2018)
2018-03-12Set/Reset Deadlines: Brief due by 3/16/2018. (kgo) (Entered: 03/12/2018)
2018-03-1636BRIEF re: 16 MOTION for Summary Judgment ., 21 MOTION for Summary Judgment . (Amici Curiae) . Document filed by National Security Counselors, Inc., New Venture Fund, Government Accountability Project, Inc., Government Information Watch, Project on Government Oversight, Inc.. (Attachments: # 1 Exhibit A - NSC v. CIA Suppl. Lutz Decl., # 2 Exhibit B - Leak report form)(McClanahan, Kelly) (Entered: 03/16/2018)
2018-03-2937RESPONSE in Support of Motion re: 16 MOTION for Summary Judgment . Response to brief of amici curiae . Document filed by Central Intelligence Agency. (Sun, Anthony) (Entered: 03/29/2018)
2018-03-2938ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT terminating 31 Letter Motion to File Amicus Brief; denying 32 Motion for Summary Judgment; granting 16 Motion for Summary Judgment; terminating 21 Motion for Summary Judgment. The motion by the Defendant Central Intelligence Agency for summary judgment dismissing Plaintiff's complaint under the Freedom of Information Act (FOIA), 5 U.S.C. § 552 (1988), is GRANTED. The cross motion for summary judgment filed by Plaintiff is correspondingly DENIED. The Clerk is directed to remove the motions at Dockets# 16 and 21, from the Court's list of open motions. Docket #32 is erroneously docketed as a "Supplemental Motion," when it is in fact a "supplemental brief;" it is the Plaintiff's reply papers in support of its motion and in opposition to the Government's motion. Therefore, Docket #32 should be removed from the Court's list of open motions. Finally, the court has already granted the consent motion by Amici to file a brief in this matter, so the motion at Docket #31 should be closed and removed from the Court's open motion list. There should be no open motions remaining in this matter. (As further set forth herein.) (Signed by Judge Colleen McMahon on 3/29/2018) (kgo) (Entered: 03/29/2018)
2018-03-29Transmission to Judgments and Orders Clerk. Transmitted re: 38 Order on Motion to File Amicus Brief, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,,,, to the Judgments and Orders Clerk. (kgo) (Entered: 03/29/2018)
2018-03-3039CLERK'S JUDGMENT re: 38 Order on Motion to File Amicus Brief, Order on Motion for Summary Judgment in favor of Central Intelligence Agency against Adam Johnson. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 29, 2018, the motion by the Defendant Central Intelligence Agency for summary judgment dismissing Plaintiff's complaint under the Freedom of Information Act (FOIA), 5 U.S.C. § 552 (1988), is GRANTED. The cross motion for summary judgment filed by Plaintiff is correspondingly DENIED. (Signed by Clerk of Court Ruby Krajick on 03/30/2018) (Attachments: # 1 Right to Appeal)(km) (Entered: 03/30/2018)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar