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Case TitleAmerican Civil Liberties Union et al v. Department of Defense et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv03391
Date Filed2017-05-08
Date ClosedOpen
JudgeJudge Paul A. Engelmayer
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
Case DescriptionThe ACLU submitted FOIA requests to the Department of Defense and other intelligence agencies for records concerning the Jan. 29 U.S. raid in Yemen that resulted in the death of a U.S. Seal. The ACLU also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the request. Several denied the ACLU's request for expedited processing. After hearing nothing substantive from any of the agencies, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDepartment of Defense
DefendantCentral Intelligence Agency
DefendantDepartment of Justice
DefendantDepartment of State
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-05-081COMPLAINT against Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Filing Fee $ 400.00, Receipt Number 0208-13632895)Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Shamsi, Hina) (Entered: 05/08/2017)
2017-05-082CIVIL COVER SHEET filed. (Shamsi, Hina) (Entered: 05/08/2017)
2017-05-083REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Shamsi, Hina) (Entered: 05/08/2017)
2017-05-084REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Shamsi, Hina) (Entered: 05/08/2017)
2017-05-085REQUEST FOR ISSUANCE OF SUMMONS as to Department of Justice, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Shamsi, Hina) (Entered: 05/08/2017)
2017-05-086REQUEST FOR ISSUANCE OF SUMMONS as to Department of State, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Shamsi, Hina) (Entered: 05/08/2017)
2017-05-087RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Shamsi, Hina) (Entered: 05/08/2017)
2017-05-088NOTICE OF APPEARANCE by Brett Max Kaufman on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Kaufman, Brett) (Entered: 05/08/2017)
2017-05-089NOTICE OF APPEARANCE by Anna Natalia Diakun on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 05/08/2017)
2017-05-09CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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 . (kl) (Entered: 05/09/2017)
2017-05-09Magistrate Judge Ronald L. Ellis is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (kl) (Entered: 05/09/2017)
2017-05-09Case Designated ECF. (kl) (Entered: 05/09/2017)
2017-05-0910ELECTRONIC SUMMONS ISSUED as to Department of Defense. (kl) (Entered: 05/09/2017)
2017-05-0911ELECTRONIC SUMMONS ISSUED as to Central Intelligence Agency. (kl) (Entered: 05/09/2017)
2017-05-0912ELECTRONIC SUMMONS ISSUED as to Department of Justice. (kl) (Entered: 05/09/2017)
2017-05-0913ELECTRONIC SUMMONS ISSUED as to Department of State. (kl) (Entered: 05/09/2017)
2017-05-1814NOTICE OF APPEARANCE by Elizabeth Tulis on behalf of Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Tulis, Elizabeth) (Entered: 05/18/2017)
2017-06-1415ANSWER to 1 Complaint,. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Tulis, Elizabeth) (Entered: 06/14/2017)
2017-06-1416NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/28/2017 at 05:00 PM in Courtroom 1305, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer, and as further set forth in this Order. (Signed by Judge Paul A. Engelmayer on 6/14/2017) (rjm) (Entered: 06/15/2017)
2017-06-2117JOINT LETTER addressed to Judge Paul A. Engelmayer from Elizabeth Tulis dated June 21, 2017 re: Initial Conference. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Tulis, Elizabeth) (Entered: 06/21/2017)
2017-06-22NOTICE of Hearing: Initial Conference set for 6/28/2017 at 03:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. The conference previously scheduled for 5:00 PM is hereby rescheduled for 03:00 PM . Notice entered by Courtroom Deputy A.J. Smallman. (ajs) (Entered: 06/22/2017)
2017-06-2218AFFIDAVIT OF SERVICE (FOIA CASE). Central Intelligence Agency served on 5/11/2017, answer due 6/12/2017. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 06/22/2017)
2017-06-2219AFFIDAVIT OF SERVICE (FOIA CASE). Department of Defense served on 5/11/2017, answer due 6/12/2017. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 06/22/2017)
2017-06-2220AFFIDAVIT OF SERVICE (FOIA CASE). Department of Justice served on 5/11/2017, answer due 6/12/2017. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 06/22/2017)
2017-06-2221AFFIDAVIT OF SERVICE (FOIA CASE). Department of State served on 5/11/2017, answer due 6/12/2017. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 06/22/2017)
2017-06-2222AFFIDAVIT OF SERVICE of Summons served on Jefferson B. Sessions, III, Attorney General of the United States on 5/11/2017. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 06/22/2017)
2017-06-2223AFFIDAVIT OF SERVICE of Summons served on United States Attorney for the Southern District of New York on 5/11/2017. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 06/22/2017)
2017-06-28Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 6/28/2017. Anna Diakun, Brett Kaufman & Hani Shamsi present for Plaintiff. Elizabeth Tulis present for Defendants. Court reporter present. (ajs) (Entered: 06/28/2017)
2017-06-3024LETTER addressed to Judge Paul A. Engelmayer from Elizabeth Tulis dated June 30, 2017 re: scheduling order. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Text of Proposed Order - The Government's Proposed Scheduling Order)(Tulis, Elizabeth) (Entered: 06/30/2017)
2017-06-3025LETTER addressed to Judge Paul A. Engelmayer from Brett Max Kaufman dated 06/30/2017 re: Proposed Scheduling Order. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Kaufman, Brett) (Entered: 06/30/2017)
2017-07-0526SCHEDULING ORDER: The Court hereby ORDERS as follows: By July 31, 2017, the defendants shall complete all searches, or issue Glomar responses to the extent defendants assert such responses are applicable, in response to the ACLU's Request. By August 9, 2017, the parties will submit a joint status report; and as further set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/5/2017) (anc) (Entered: 07/05/2017)
2017-08-0927LETTER addressed to Judge Paul A. Engelmayer from Elizabeth Tulis dated August 9, 2017 re: Status Report and Proposed Schedule. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Tulis, Elizabeth) (Entered: 08/09/2017)
2017-08-1728MEMO ENDORSEMENT: on re: 27 Letter filed by Department of Defense, Department of State, Central Intelligence Agency, Department of Justice. ENDORSEMENT: Granted. For substantially the reasons stated in the letter above, the Court adopts the deadlines proposed by the parties. The ALCU's pre-motion letter regarding the Glomar issue is due on September 1, 2017. The CIA's letter in response is due on September 11, 2017. The pre-motion conference will be held on September 18, 2017 at 11:00 a.m. The Court directs the remaining defendants to comply with the agreed-upon and above described obligations (1) to produce or withhold records by November 17, 2017, (2) to provide descriptions of withheld records by November 27, 2017, and (3) to meet and confer by December 8, 2017. The remaining defendants should submit pre-motion letters regarding their FOIA compliance by December 15, 2017. By December 22, 2017, the ACLU should submit responses, if any, to those letters, as well as provide grounds for any anticipated cross-motion for summary judgment. The Court reminds the parties that all pre-motion letters for summary judgment should comply with its Individual Rule 3(H), except as otherwise stated in this order. SO ORDERED., ( Pre-Motion Conference set for 9/18/2017 at 11:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/17/2017) (ama) (Entered: 08/17/2017)
2017-09-0129LETTER addressed to Judge Paul A. Engelmayer from Brett Max Kaufman dated September 1, 2017 re: Anticipated Motion for Partial Summary Judgment Against Defendant Central Intelligence Agency. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Kaufman, Brett) (Entered: 09/01/2017)
2017-09-0730NOTICE OF APPEARANCE by Rebecca Sol Tinio on behalf of Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Tinio, Rebecca) (Entered: 09/07/2017)
2017-09-1131LETTER addressed to Judge Paul A. Engelmayer from Elizabeth Tulis and Rebecca Tinio dated September 11, 2017 re: Anticipated Cross-Motion and Opposition to the ACLU's Anticipated Motion for Partial Summary Judgment. Document filed by Central Intelligence Agency.(Tulis, Elizabeth) (Entered: 09/11/2017)
2017-09-14NOTICE of Hearing: Pre-Motion Conference set for 9/18/2017 at 03:45 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. The conference, previously scheduled for 11:00 AM, is hereby rescheduled to 03:45 PM . Notice entered by Courtroom Deputy A.J. Smallman.(ajs) (Entered: 09/14/2017)
2017-09-15NOTICE of Hearing: Pretrial Conference set for 9/18/2017 at 04:15 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Due to a scheduling conflict, the conference is adjourned to 04:15 PM . Notice entered by Courtroom Deputy A.J. Smallman.(ajs) (Entered: 09/15/2017)
2017-09-18Minute Entry for proceedings held before Judge Paul A. Engelmayer: Pre-Motion Conference held on 9/19/2017. Anna Natalia Diakun, Brett Max Kaufman & Hina Shamsi present for Plaintiff. Elizabeth Tulis & Rebecca Tinio present for Defendants. Court reporter present. (ajs) (Entered: 09/19/2017)
2017-09-1932ORDER: The ACLU's partial summary judgment motion regarding the CIA's Glomar response is due on October 11, 2017; the CIA's response to the ACLU's summary judgment motion and any cross motions are due on November 2, 2017; the ACLU's reply in support of its summary judgement motion and response to any cross motions are due on November 17, 2017; the CIA's reply in support its cross motions is due on December 1, 2017. Oral argument on these motions will be held on December 12, 2017 at 11:30 a.m. in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. SO ORDERED. (Cross Motions due by 11/2/2017. Motions due by 10/11/2017. Responses due by 11/17/2017. Replies due by 12/1/2017. Oral Argument set for 12/12/2017 at 11:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/19/2017) (anc) (Entered: 09/19/2017)
2017-09-2833TRANSCRIPT of Proceedings re: CONFERENCE held on 9/18/2017 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/19/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/27/2017.(McGuirk, Kelly) (Entered: 09/28/2017)
2017-09-2834NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/18/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 09/28/2017)
2017-10-1135MOTION for Partial Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Kaufman, Brett) (Entered: 10/11/2017)
2017-10-1136MEMORANDUM OF LAW in Support re: 35 MOTION for Partial Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Kaufman, Brett) (Entered: 10/11/2017)
2017-10-1137DECLARATION of Anna Diakun in Support re: 35 MOTION for Partial Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit ACLU FOIA Request (March 15, 2017), # 2 Exhibit CIA Glomar Response (July 31, 2017), # 3 Exhibit Procedures for Approving Direct Action Against Terrorist Targets Located Outside of the United States and Areas of Active Hostilities (May 22, 2013), # 4 Exhibit Press Briefing #9 by Press Secretary Sean Spicer (Feb. 7, 2017), # 5 Exhibit Press Briefing by Press Secretary Sean Spicer #7 (Feb. 2, 2017), # 6 Exhibit Statement by Press Secretary Sean Spicer (Jan. 31, 2017))(Kaufman, Brett) (Entered: 10/11/2017)
2017-10-2738LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated October 27, 2017. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Tinio, Rebecca) (Entered: 10/27/2017)
2017-10-2739ORDER granting 38 Letter Motion for Extension of Time. The briefing schedule proposed by the ACLU is approved. Oral argument is scheduled for 2 p.m. on Tuesday, December 19, 2017. So Ordered. (Motions due by 11/9/2017.) (Signed by Judge Paul A. Engelmayer on 10/27/17) (yv) (Entered: 10/27/2017)
2017-10-27Set/Reset Deadlines: (Responses due by 11/28/2017, Replies due by 12/12/2017.), Set/Reset Hearings:(Oral Argument set for 12/19/2017 at 02:00 PM before Judge Paul A. Engelmayer.) (yv) (Entered: 10/27/2017)
2017-11-0340LETTER MOTION to Substitute Attorney. Old Attorney: Elizabeth Tulis, New Attorney: Rebecca Sol Tinio addressed to Judge Paul A. Engelmayer from Elizabeth Tulis dated November 3, 2017. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Tulis, Elizabeth) (Entered: 11/03/2017)
2017-11-0341ORDER granting 40 Letter Motion to Substitute Attorney. Granted. The Court thanks Ms. Tulis for her excellent advocacy in this case and wishes her the best of luck in her future endeavors. SO ORDERED. (Attorney Elizabeth Tulis terminated.) (Signed by Judge Paul A. Engelmayer on 11/3/2017) (anc) (Entered: 11/03/2017)
2017-11-0942MOTION for Summary Judgment . Document filed by Central Intelligence Agency.(Tinio, Rebecca) (Entered: 11/09/2017)
2017-11-0943MEMORANDUM OF LAW in Support re: 42 MOTION for Summary Judgment . and in Opposition to Plaintiffs' Motion for Partial Summary Judgment . Document filed by Central Intelligence Agency. (Tinio, Rebecca) (Entered: 11/09/2017)
2017-11-0944DECLARATION of Antoinette B. Shiner in Support re: 42 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A - March 16, 2017 CIA Letter)(Tinio, Rebecca) (Entered: 11/09/2017)
2017-11-1545LETTER MOTION for Extension of Time to Complete FOIA Responses addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated November 15, 2017. Document filed by Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Text of Proposed Order)(Tinio, Rebecca) (Entered: 11/15/2017)
2017-11-1746REVISED SCHEDULING ORDER granting 45 Letter Motion for Extension of Time. The Court, having considered the request of Defendants the Department of Defense, Department of State, and Department of Justice (on behalf of its component the Office of Legal Counsel) for additional time to complete their FOIA responses in this matter, hereby modifies the scheduling order previously entered on August 17, 2017 (Dkt. No. 28), and ORDERS as follows: 1. All Defendants, to the extent they have not already done so, shall provide a FOIA response on November 17, 2017. 2. The Department of State and the Office of Legal Counsel shall provide their final FOIA responses no later than December 15, 2017. 3. The Department of Defense shall provide an additional FOIA response on December 29, 2017, and its final FOIA response no later than January 31, 2018. 4. All Defendants that have provided FOIA responses (excepting "Glomar" responses) shall provide descriptions of withheld records by February 9, 2018. 5. The parties shall meet and confer by February 19, 2018, to identify any disputed issues. 6. The Government shall submit its pre-motion letter(s) regarding its FOIA compliance, and disputed issues that the parties have identified, by February 26, 2018. 7. Plaintiffs shall submit their response letter(s) by March 5, 2018, which shall include grounds for any anticipated cross-motion for summary judgment. (Signed by Judge Paul A. Engelmayer on 11/17/2017) (mro) (Entered: 11/17/2017)
2017-11-2847MEMORANDUM OF LAW in Opposition re: 42 MOTION for Summary Judgment . and in Further Support of Plaintiffs' Motion for Partial Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Kaufman, Brett) (Entered: 11/28/2017)
2017-11-2848DECLARATION of Anna Diakun in Opposition re: 42 MOTION for Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit Matt Spetalnick, Trump: Yemen Raid Was Success, Gathered Vital Intelligence (Feb. 28, 2017), # 2 Exhibit John Brennan, Director, CIA, Speech at the Council on Foreign Relations (Mar. 13, 2015), # 3 Exhibit John Brennan, Director, CIA, Remarks at the President's Associates Dinner at the University of Oklahoma (Feb. 26, 2014), # 4 Exhibit David H. Petraeus, Director, CIA, Statement on the Terrorist Threat Ten Years After 9/11 (Sept. 13, 2011), # 5 Exhibit Request Under Freedom of Information Act by Jonathan Manes, ACLU (Jan. 13, 2009), # 6 Exhibit Press Release, Dep't of Defense, U.S. Service Member Killed in Raid on Terrorists in Yemen (Jan. 29, 2017), # 7 Exhibit Michael Pompeo, Director, CIA, Aspen Security Forum 2017: The View from Langley (July 20, 2017), # 8 Exhibit About CIA: What We Do (last visited Nov. 28, 2017))(Kaufman, Brett) (Entered: 11/28/2017)
2017-12-1149LETTER MOTION for Extension of Time and Enlargement of Page Limit addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated December 11, 2017. Document filed by Central Intelligence Agency.(Tinio, Rebecca) (Entered: 12/11/2017)
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