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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
Opinion/Order [67]
FOIA Project Annotation: A federal court in New York has ruled that several responses from then-White House Press Secretary Sean Spicer explaining a January 2017 U.S. intelligence-gathering raid in Yemen in which one service member was killed as well as an unspecified number of civilians " including the fact that the Director of the CIA was at the White House discussing the raid " constituted a public acknowledgement of CIA involvement with the raid prohibiting the agency from issuing a Glomar response neither confirming nor denying the existence of records in response to a request from the ACLU. The CIA argued that disclosing the existence of records would reveal that it had an interest in the operation. Judge Paul Engelmayer noted that "were it not for the White House's public statements about the Raid, the interest that the CIA articulates with respect to the Raid " that it is entitled not to disclose the existence or not of an intelligence interest as to a particular subject " would likely justify its Glomar response." But he pointed out that "the White House's statements about the Raid, however, change the analysis, because the assembled statements by Spicer clearly disclosed the CIA's intelligence interest in the Raid. . . In particular, Spicer explicitly acknowledged that the U.S. participated in the Yemen Raid, that the Raid was an 'intelligence-gathering raid;' and that the Director of the Central Intelligence Agency (explicitly referred to by his official title) was in the room when the Raid was 'laid out in great extent' and at a time when 'the indication. . .was to go ahead.' Under any reasonable reading, these statements revealed the CIA's intelligence interest in the Raid, a point further underscored by the CIA's prior acknowledgment of its intelligence interest in Yemen." The CIA argued that a non-Glomar response would confirm that the agency had records about the raid. Englemayer pointed out that "the Court is unprepared to accept that the CIA Director attended the meeting with the President in which that Raid was discussed and appears to have been approved, but that neither he nor his staff ever generated or received any documentation whatsoever. . .related to that meeting of the Raid before, during, or after these occurred." The agency also claimed that the existence of records had never been officially acknowledged. Englemayer observed that "where agency statements have exposed as fallacious the basis for claiming that revealing the existence of records would cause harm underlying a FOIA exemption " the agency's Glomar response may be rejected in toto." Although the Departments of Justice, Defense and State had all admitted to having records and prepared Vaughn indices, Englemayer gave the CIA the opportunity to assess "whether a more targeted Glomar submission may be viably made."
Issues: Determination - Glomar response, Public domain
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)
2017-12-1250ORDER granting 49 Letter Motion for Extension of Time. Granted. The Court extends the deadline for the CIA's reply brief to December 13, 2017, and authorizes that reply brief to be up to 25 pages in length. The Court, however, reminds the CIA that reply briefs should be limited to addressing arguments raised by plaintiffs and should not raise new issues. Finally, the Court wishes counsel the best in her family emergency. So Ordered. (Signed by Judge Paul A. Engelmayer on 12/12/17) (yv) (Entered: 12/12/2017)
2017-12-12Set/Reset Deadlines: Replies due by 12/13/2017. (yv) (Entered: 12/12/2017)
2017-12-1251MEMO ENDORSEMENT: on re: 49 LETTER MOTION for Extension of Time and Enlargement of Page Limit addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated December 11, 2017, filed by Central Intelligence Agency. ENDORSEMENT: Granted. The Court extends the deadline for the CIA's reply brief to December 13, 2017, and authorizes that reply brief to be up to 25 pages in length. The Court, however, reminds the CIA that reply briefs should be limited to addressing arguments raised by plaintiffs and should not raise new issues. Finally, the Court wishes counsel the best in her family emergency. 12/12/2017(Replies due by 12/13/2017.) (Signed by Judge Paul A. Engelmayer on 12/12/2017) (ap) (Entered: 12/12/2017)
2017-12-1352REPLY MEMORANDUM OF LAW in Support re: 42 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency. (Tinio, Rebecca) (Entered: 12/13/2017)
2017-12-19Minute Entry for proceedings held before Judge Paul A. Engelmayer: Oral Argument held on 12/19/2017. Anna Natalia Diakun & Brett Max Kaufman present for Plaintiff. Rebecca Sol Tinio & Sarah Normand present for Defendants. Court reporter present. (ajs) (Entered: 12/19/2017)
2018-01-1153LETTER addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated January 11, 2018 re: Notifying the Court of Recently Issued Case Law. Document filed by Central Intelligence Agency.(Tinio, Rebecca) (Entered: 01/11/2018)
2018-01-1254LETTER addressed to Judge Paul A. Engelmayer from Anna Diakun dated January 12, 2018 re: Response to CIA Letter of January 11, 2018. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Diakun, Anna) (Entered: 01/12/2018)
2018-01-3055TRANSCRIPT of Proceedings re: CONFERENCE held on 12/19/2017 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Jennifer Thun, (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 2/20/2018. Redacted Transcript Deadline set for 3/2/2018. Release of Transcript Restriction set for 4/30/2018.(McGuirk, Kelly) (Entered: 01/30/2018)
2018-01-3056NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/19/17 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: 01/30/2018)
2018-02-2157LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated February 21, 2018. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Text of Proposed Order)(Tinio, Rebecca) (Entered: 02/21/2018)
2018-02-2358SECOND REVISED SCHEDULING ORDER granting 57 Letter Motion for Extension of Time. ORDERS as follows: The parties shall meet and confer by March 19, 2018, to identify any disputed issues. The Government shall submit its pre-motion letter(s) regarding its FOIA compliance, and disputed issues that the parties have identified, by March 26, 2018. Plaintiffs shall submit their response letter(s) by April 2, 2018, which shall include grounds for any anticipated cross-motion for summary judgment. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/23/2018) (anc) Modified on 4/19/2018 (anc). (Entered: 02/23/2018)
2018-03-2359LETTER MOTION for Extension of Time (Joint Request) addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated May 23, 2018. Document filed by Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Text of Proposed Order)(Tinio, Rebecca) (Entered: 03/23/2018)
2018-03-2760THIRD REVISED SCHEDULING ORDER: granting 59 Letter Motion for Extension of Time. By April 9, 2018, the Department of Defense shall provide Plaintiffs with responses to the clarification questions that Plaintiffs posed, and as further set forth in this order. (Signed by Judge Paul A. Engelmayer on 3/27/2018) (ap) (Entered: 03/27/2018)
2018-04-2361LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated April 23, 2018. Document filed by Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Text of Proposed Order)(Tinio, Rebecca) (Entered: 04/23/2018)
2018-04-2362FOURTH REVISED SCHEDULING ORDER. This matter comes before the Court upon the complaint of plaintiffs the American Civil Liberties Union and the American Civil Liberties Union Foundation (together, the "ACLU" or "plaintiffs") seeking records from Defendants pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 (the "Request"). The Court, having considered Defendants' request, made on consent, for a revision of the remaining deadlines currently pending in this case, hereby modifies the revised scheduling order previously entered on March 27, 2018 (Dkt. No. 60), and ORDERS as follows: 1. By May 1, 2018, the Government shall submit its pre-motion letter(s) regarding its anticipated summary judgment motion and outstanding issues that the parties have identified. 2. By May 8. 2018, Plaintiffs shall submit their response letter(s), which shall include grounds for any anticipated cross-motion for summary judgment. So ordered. Granting 61 LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated April 23, 2018. Document filed by Department of Defense, Department of Justice, Department of State. (Signed by Judge Paul A. Engelmayer on 4/23/2018) (rjm) (Entered: 04/24/2018)
2018-04-2463ORDER. In light of the parties' anticipated letters regarding cross-motions for summary judgment, the Court sets a pre-motion conference for Friday, June 8, 2018 at 2:30 p.m. SO ORDERED. (Pre-Motion Conference set for 6/8/2018 at 02:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 4/24/2018) (rjm) (Entered: 04/24/2018)
2018-05-0164LETTER addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated May 1, 2018 re: Anticipated Motion for Summary Judgment. Document filed by Department of Defense, Department of Justice, Department of State.(Tinio, Rebecca) (Entered: 05/01/2018)
2018-05-0865LETTER addressed to Judge Paul A. Engelmayer from Anna Diakun dated May 8, 2018 re: Anticipated Motion for Summary Judgment Against Defendants Department of Justice and Department of State and Partial Summary Judgment Against Defendant Department of Defense. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Diakun, Anna) (Entered: 05/08/2018)
2018-06-08Minute Entry for proceedings held before Judge Paul A. Engelmayer: Pre-Motion Conference held on 6/8/2018. Anna Natalia Diakun & Brett Max Kaufman present for Plaintiff. Rebecca Sol Tinio present for Defendants. Court reporter present (ajs) (Entered: 06/08/2018)
2018-06-1166JOINT LETTER addressed to Judge Paul A. Engelmayer from Anna Diakun dated June 11, 2018 re: Proposed Briefing Schedule. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Diakun, Anna) (Entered: 06/11/2018)
2018-06-2767OPINION & ORDER re: 35 MOTION for Partial Summary Judgment filed by American Civil Liberties Union, American Civil Liberties Union Foundation, 42 MOTION for Summary Judgment filed by Central Intelligence Agency. For the foregoing reasons, the CIA's motion for summary judgment is denied in full and the ACLU's motion for summary judgment is denied except as to FOIA request two, as to which it is granted. The CIA is directed to submit any new Glomar response with respect to requests one, three, four and five within two weeks of this order. Upon submission of such a response, the Court will entertain a joint proposal from counsel as to a prompt schedule for briefing the validity of such a response. If no such response is submitted, the CIA is directed promptly to produce responsive records and/or a Vaughn index to plaintiffs, as have the other three defendants. As to request two, the CIA is directed forthwith to collect records responsive to this request and to be prepared, after the status of the other four requests has been resolved, promptly to produce to the ACLU responsive materials and/or a Vaughn Index chronicling withheld materials. The Clerk of Court is respectfully directed to close the motions pending at Dkts. 35 and 42. (Signed by Judge Paul A. Engelmayer on 6/27/2018) (mro) (Entered: 06/27/2018)
2018-07-0268LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated July 2, 2018. Document filed by Central Intelligence Agency.(Tinio, Rebecca) (Entered: 07/02/2018)
2018-07-0569LETTER MOTION for Extension of Time to File Summary Judgment Motion addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated July 5, 2018. Document filed by Department of Defense, Department of Justice, Department of State.(Tinio, Rebecca) (Entered: 07/05/2018)
2018-07-0970ORDER granting 69 LETTER MOTION for Extension of Time to File Summary Judgment Motion addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated July 5, 2018. Document filed by Department of Defense, Department of Justice, Department of State. Granted. The Court adopts the above described deadlines. So ordered. (Cross Motions due by 8/16/2018. Motions due by 7/17/2018). (Signed by Judge Paul A. Engelmayer on 7/9/2018) (rjm) (Entered: 07/10/2018)
2018-07-09Set/Reset Deadlines: (Responses due by 8/30/2018. Replies due by 9/14/2018). (rjm) (Entered: 07/10/2018)
2018-07-0971ORDER granting 68 LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated July 2, 2018. Document filed by Central Intelligence Agency. Granted. The CIA's updated Glomar response is due July 18, 2017. So ordered. (Signed by Judge Paul A. Engelmayer on 7/9/2018) (rjm) (Entered: 07/10/2018)
2018-07-1672LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated July 16, 2018. Document filed by Department of Defense, Department of Justice, Department of State.(Tinio, Rebecca) (Entered: 07/16/2018)
2018-07-1773ORDER granting 72 LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated July 16, 2018. Document filed by Department of Defense, Department of Justice, Department of State. Granted. The Court wishes Ms. Tinio a swift recovery. So ordered. (Cross Motions due by 8/21/2018. Motions due by 7/20/2018). (Signed by Judge Paul A. Engelmayer on 7/16/2018) (rjm) (Entered: 07/17/2018)
2018-07-17Set/Reset Deadlines: Responses due by 9/4/2018. Replies due by 9/18/2018. (rjm) (Entered: 07/17/2018)
2018-07-2074MOTION for Summary Judgment . Document filed by Department of Defense, Department of Justice, Department of State.(Tinio, Rebecca) (Entered: 07/20/2018)
2018-07-2075MEMORANDUM OF LAW in Support re: 74 MOTION for Summary Judgment . . Document filed by Department of Defense, Department of Justice, Department of State. (Tinio, Rebecca) (Entered: 07/20/2018)
2018-07-2076DECLARATION of Rear Admiral James J. Malloy in Support re: 74 MOTION for Summary Judgment .. Document filed by Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - DOD Vaughn Index)(Tinio, Rebecca) (Entered: 07/20/2018)
2018-07-2077DECLARATION of Major General Terry Ferrell in Support re: 74 MOTION for Summary Judgment .. Document filed by Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit A - OCA Memo, # 2 Exhibit B - FOIA Request, # 3 Exhibit DOD Vaughn Index)(Tinio, Rebecca) (Entered: 07/20/2018)
2018-07-2078DECLARATION of Eric F. Stein in Support re: 74 MOTION for Summary Judgment .. Document filed by Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - March 21, 2017 acknowledgment, # 3 Exhibit C - November 17, 2017 response, # 4 Exhibit D - December 15, 2017 response, # 5 Exhibit E - July 18, 2018 response)(Tinio, Rebecca) (Entered: 07/20/2018)
2018-07-2079DECLARATION of Paul P. Colborn in Support re: 74 MOTION for Summary Judgment .. Document filed by Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - March 24, 2017 acknowledgment, # 3 Exhibit C - November 17, 2017 response, # 4 Exhibit D - December 15, 2017 response)(Tinio, Rebecca) (Entered: 07/21/2018)
2018-08-1780LETTER addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated August 17, 2018 re: Status Report and Request for Leave to Submit Further Status Report. Document filed by Central Intelligence Agency.(Tinio, Rebecca) (Entered: 08/17/2018)
2018-08-2081DECLARATION of Mark Herrington in Support re: 74 MOTION for Summary Judgment .. Document filed by Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit Revised Vaughn Index)(Tinio, Rebecca) (Entered: 08/20/2018)
2018-08-2182MEMO ENDORSEMENT on re: 80 Letter regarding Status Report and Request for Leave to Submit Further Status Report filed by Central Intelligence Agency. ENDORSEMENT: Granted. The parties are directed to file a joint status report by Friday, October 5, 2018. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/21/2018) (rj) (Entered: 08/21/2018)
2018-08-2183CROSS MOTION for Summary Judgment Against Defendant Department of State and Partial Summary Judgment Against Defendant Department of Defense . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Diakun, Anna) (Entered: 08/21/2018)
2018-08-2184MEMORANDUM OF LAW in Support re: 83 CROSS MOTION for Summary Judgment Against Defendant Department of State and Partial Summary Judgment Against Defendant Department of Defense . and in Opposition to Defendants' Motion for Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 08/21/2018)
2018-08-2185DECLARATION of Anna Diakun in Support re: 83 CROSS MOTION for Summary Judgment Against Defendant Department of State and Partial Summary Judgment Against Defendant Department of Defense .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45)(Diakun, Anna) (Entered: 08/21/2018)
2018-08-2986LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated August 29, 2018. Document filed by Department of Defense, Department of State.(Tinio, Rebecca) (Entered: 08/29/2018)
2018-08-3087ORDER granting 86 Letter Motion for Extension of Time. Granted. On or before September 21, 2018, DOS and DOD shall release re-processed versions of the remaining challenged documents to plaintiffs, where additional information may be released. On or before September 28, 2018, plaintiffs shall inform the Government which documents they continue to challenge. DOS and DOD shall file their opposition/reply brief on or before October 12, 2018. Finally, plaintiffs shall file their reply brief, if necessary, on or before October 26, 2018. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/30/2018) (anc) (Entered: 08/30/2018)
2018-08-30Set/Reset Deadlines: Responses due by 10/12/2018. Replies due by 10/26/2018. (anc) (Entered: 08/30/2018)
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