Case Detail

FOIA Project Annotation: Judge Trevor McFadden has upheld Glomar responses neither confirming nor denying the existence of records issued by the National Security Agency and the Department of State in response to requests from the American Center for Law and Justice concerning alleged unmasking requests from senior officials in the Obama administration for various individuals associated with the 2016 Trump campaign after finding no evidence of official acknowledgement of any unmasking requests with the exception of the declassification of a list by then Director of Intelligence Ric Grenell identifying former UN Ambassador Samantha Power as having requested unmasking Michael Flynn's identity. In his ruling, McFadden re-emphasizes how difficult it is to turn media allegations into evidence of official acknowledgement capable of persuading a district court judge. Based on an April 2017 report on Fox News that Susan Rice, who had served as National Security Advisor during the second term of President Barack Obama, had requested the unmasking of various individuals associated with the Trump presidential campaign whose personally identifying information showed up in government surveillance activities, ACLJ sent multi-part requests to the NSA and the State Department for records of unmasking requests made by Rice, Cheryl Mills, Chief of Staff for Secretary of State Hillary Clinton, Valerie Jarrett, an advisor to Obama, Attorney General Loretta Lynch, and Ben Rhodes, Deputy National Security Advisor. Since Power had also been identified as having requested unmasking at the State Department, ACLJ added her name to the list of others submitted to the State Department. Both agencies issued Glomar responses based on Exemption 1 (national security) and Exemption 3 (other statutes). The State Department also withheld some records under Exemption 5 (privileges). McFadden began by explaining that a Glomar response allowed an agency to refuse to reveal the existence of records if they were properly protected by an exemption and that if the response was appropriate the plaintiff had the burden of showing that the information had been officially acknowledged. McFadden indicated that "the question is whether the agency has acknowledged the existence (or nonexistence) of responsive records, not whether it has disclosed the contents of the records. If the agency has officially acknowledged the existence of records, it cannot assert a Glomar response for those records. Bereft of the Glomar shield, the agency has a decision to make, the same one it has in any standard FOIA case: either disclose the records or establish that their contents are exempt from disclosure." McFadden rejected ACLJ's assertion that statements of former agency officials made after they left office can constitute an official acknowledgement. Instead, McFadden pointed out that "a 'disclosure made by someone other than the agency from which the information is being sought' is not an 'official' disclosure." He added that "courts have consistently found that statements made by former agency officials are not official agency disclosures." He observed that "it would be surpassing strange if an agency had to confirm the existence of records â€" and in doing so, compromise national security â€" simply because a private citizen no longer representing the agency forces its hand." He also rejected ACLJ's claim that Congress could waive Glomar responses. He pointed out that "but disclosures by members of Congress â€" much like disclosures by former agency officials â€" are also not official agency disclosures. A contrary rule would almost certainly raise significant constitutional problems, as this would invite congressional encroachment on the Executive's authority to control access to national security information." However, McFadden agreed that the list of unmasking requests that was declassified and released by Grenell when he served temporarily as acting Director of National Intelligence constituted an official acknowledgement that waived the agencies' Glomar response, but only to the limited extent that Grenell's list identified Power as having requested unmasking for Michael Flynn. McFadden indicated that the government now took the position that the Grenell disclosure could waive the State Department's Glomar response. He explained that "the only question now is whether the Acting DNI's disclosure here does overcome State's (or NSA's) Glomar responses. Answering this requires close attention to exactly what the declassified memorandum discloses, for a Glomar waiver occurs only if the official disclosure 'matches. . . the specific request for that information.'" The government argued that Grenell's disclosure did not waive either agency's Glomar response while ACLJ asserted that the disclosure waived the State Department's Glomar response entirely and required State to process at least some of its records. McFadden pointed out the "the Court rejects both positions. The disclosure is specific enough to establish the existence of some responsive records, but it waives State's Glomar response for those records only and waives none of the NSA's Glomar responses." He explained that "the case law demands precision when analyzing the scope of a Glomar waiver," and noted that "the message is clear: hold agencies to their official disclosures but be precise, lest courts force them to release sensitive information they have not actually disclosed." He cited the circumstances in Wolf v. CIA, 373 F. 3d 370 (D.C. Cir. 2007), as a good illustration of the precision required. There, Wolf had shown that 1948 congressional testimony of CIA Director Roscoe Hillenkoetter had acknowledged the existence of records on former Colombian politician Jorge Eliecer Gaitan. The D.C. Circuit agreed with Wolf that Hillenkoetter's testimony constituted an official acknowledgement of the existence of records pertaining to Gaitan but indicated that the CIA was only obligated to search for and process records about Gaitan disclosed by Hillenkoetter's testimony. Applying Wolf to the circumstances here, McFadden pointed out that "the declassified memorandum encloses 'a list of recipients who may have received [Flynn's] identity in response to a request. . .to unmask an identity that had been generically referred to in an NSA foreign intelligence report.' The list consists of 'selected principals,' including Power. So the memorandum acknowledges that individuals made requests, on behalf of Power, to unmask Flynn. In doing so, it establishes the existence of records relating to these requests. . .And even more narrowly, the memorandum lists only six dates on which these requests were made." The government contended that the list did not confirm that Power herself had requested the unmasking of Flynn. McFadden indicated that was irrelevant because whoever requested the unmasking was acting as Power's agent. He pointed out that "there is no suggestion here that in making the requests, the 'authorized individuals' were acting beyond the scope of their agency relationship with Power. So here, the requests from Power's subordinates were requests from her." Limiting the waiver further, McFadden observed that "the memorandum references only requests to unmask Lt. Gen. Michael Flynn, not anyone else. Given this silence, it does not establish the existence of unmasking records for any of the 46 others named in ACLJ's request." He pointed out that the waiver was also limited to the six dates identified in the Grenell-disclosed list. ACLJ also pointed to testimony Power gave to the House Intelligence Committee in October 2017 as further basis for waiving her involvement in unmasking requests. But McFadden noted that "her testimony, standing alone, consists of statements by a former official, so it cannot overcome either agency's Glomar responses. . ."
Issues: Determination - Glomar response

Date Filed	Doc #	Docket Text
2017-07-18	1	COMPLAINT against UNITED STATES NATIONAL SECURITY AGENCY ( Filing fee $ 400 receipt number 0090-5035434) filed by AMERICAN CENTER FOR LAW AND JUSTICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons, # 5 Summons, # 6 Summons)(Sisney, Benjamin) (Entered: 07/18/2017)
2017-07-18	2	NOTICE of Appearance by Benjamin Paul Sisney on behalf of AMERICAN CENTER FOR LAW AND JUSTICE (Sisney, Benjamin) (Entered: 07/18/2017)
2017-07-18	3	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN CENTER FOR LAW AND JUSTICE (Sisney, Benjamin) (Entered: 07/18/2017)
2017-07-18	4	NOTICE of Appearance by Stuart J. Roth on behalf of AMERICAN CENTER FOR LAW AND JUSTICE (Roth, Stuart) (Entered: 07/18/2017)
2017-07-18	5	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Andrew J. Ekonomou, :Firm- American Center for Law and Justice, :Address- 201 Maryland Avenue, NE. Phone No. - 202-546-8890. Fax No. - 202-546-9309 Filing fee $ 100, receipt number 0090-5035587. Fee Status: Fee Paid. by AMERICAN CENTER FOR LAW AND JUSTICE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Roth, Stuart) (Entered: 07/18/2017)
2017-07-18	6	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Craig L. Parshall, :Firm- American Center for Law and Justice, :Address- 201 Maryland Avenue, NE. Phone No. - 202-546-8890. Fax No. - 202-546-9309 Filing fee $ 100, receipt number 0090-5035614. Fee Status: Fee Paid. by AMERICAN CENTER FOR LAW AND JUSTICE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Roth, Stuart) (Entered: 07/18/2017)
2017-07-18	7	NOTICE of Appearance by Colby Mims May on behalf of AMERICAN CENTER FOR LAW AND JUSTICE (May, Colby) (Entered: 07/18/2017)
2017-07-18	8	NOTICE of Appearance by Matthew Robert Clark on behalf of AMERICAN CENTER FOR LAW AND JUSTICE (Clark, Matthew) (Entered: 07/18/2017)
2017-07-18		Case Assigned to Judge Royce C. Lamberth. (md) (Entered: 07/18/2017)
2017-07-18	9	SUMMONS (3) Issued Electronically as to UNITED STATES NATIONAL SECURITY AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 07/18/2017)
2017-07-19	10	NOTICE of Appearance by Abigail A. Southerland on behalf of AMERICAN CENTER FOR LAW AND JUSTICE (Southerland, Abigail) (Entered: 07/19/2017)
2017-08-02	11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/19/2017. Answer due for ALL FEDERAL DEFENDANTS by 8/18/2017. (Sisney, Benjamin) (Entered: 08/02/2017)
2017-08-02	12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/19/2017. (Sisney, Benjamin) (Entered: 08/02/2017)
2017-08-08	13	ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 8/7/17. (lsj) (Entered: 08/08/2017)
2017-08-08	14	ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 8/7/17. (lsj) (Entered: 08/08/2017)
2017-08-18	15	ANSWER to Complaint by UNITED STATES NATIONAL SECURITY AGENCY.(Motgi, Anjali) (Entered: 08/18/2017)
2017-11-02		Case directly reassigned to Judge Trevor N. McFadden. Judge Royce C. Lamberth is no longer assigned to the case. (ztnr) (Entered: 11/02/2017)
2017-11-20	16	ORDER: Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before December 22, 2017. See attached Order for additional details. Signed by Judge Trevor N. McFadden on 11/20/2017. (lctnm2) (Entered: 11/20/2017)
2017-11-20		Set/Reset Deadlines: Joint Status Report due by 12/22/2017. (hmc) (Entered: 11/20/2017)
2017-12-19	17	MOTION to Consolidate Cases and Continue Joint Status Report by UNITED STATES NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Motgi, Anjali). Added MOTION to Continue on 12/20/2017 (td). (Entered: 12/19/2017)
2017-12-20		MINUTE ORDER granting Defendant's 17 Motion to Consolidate Related Cases and Continue Joint Status Report. It is hereby ORDERED that American Center for Law and Justice v. U.S. National Security Agency, No. 17-cv-01425, and American Center for Law and Justice v. U.S. Department of States, No. 17-cv-01991, are consolidated. The Clerk's Office shall close No. 17-cv-01991 and transfer those parties to No. 17-cv-01425; all filings shall be made only in No. 17-cv-01425 and parties shall NOT elect to spread text when filing on ECF, as this will result in repetitive docketing. It is further ORDERED that the parties in both cases shall appear for a status conference on January 4, 2018 at 10:00 a.m., in place of the status conference set for December 21, 2017 in No. 17-cv-01991, and the joint status report due on December 22, 2017 in No. 17-cv-01425. The parties shall meet and confer prior to the status conference to discuss the status of the underlying FOIA requests and scheduling for further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/20/2017. (lctnm2) (Entered: 12/20/2017)
2017-12-21		Set/Reset Hearings: Status Conference scheduled for 1/4/2018, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. (hmc) (Entered: 12/21/2017)
2018-01-04		Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 1/4/2018. Order forthcoming. (Court Reporter: Lisa Moreira.) (hmc) (Entered: 01/04/2018)
2018-01-04		MINUTE ORDER. Pursuant to the status conference held on January 4, 2018, the parties shall file a Joint Status Report on or before February 2, 2018. It is further ORDERED that the parties shall file a Joint Status Report every 60 days thereafter, unless the parties agree upon and the Court approves another time frame. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/4/2018. (lctnm2) (Entered: 01/04/2018)
2018-01-05		Set/Reset Deadlines: Joint Status Report due by 2/2/2018, and every 60 days thereafter, unless the parties agree upon and the Court approves another time frame. (tg) (Entered: 01/05/2018)
2018-01-09	18	TRANSCRIPT OF STATUS CONFERENCE before Judge Trevor N. McFadden held on January 4, 2018; Page Numbers: 1-18. Date of Issuance:January 9, 2018. Court Reporter/Transcriber Lisa Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the c ourt reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/30/2018. Redacted Transcript Deadline set for 2/9/2018. Release of Transcript Restriction set for 4/9/2018.(Moreira, Lisa) (Entered: 01/09/2018)
2018-02-02	19	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Motgi, Anjali) (Entered: 02/02/2018)
2018-02-05		MINUTE ORDER. In light of the parties' 19 Joint Status Report, the parties are hereby ORDERED to appear for a status conference on April 5, 2018, at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. The plaintiff's request for a briefing schedule will be held in abeyance until that time. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/5/2018. (lctnm2) (Entered: 02/05/2018)
2018-02-05		Set/Reset Hearings: Status Conference scheduled for 4/5/2018, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. (hmc) (Entered: 02/05/2018)
2018-04-03	20	Joint STATUS REPORT and Request to Continue Status Conference by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. Associated Cases: 1:17-cv-01425-TNM, 1:17-cv-01991-RDM (Motgi, Anjali) (Entered: 04/03/2018)
2018-04-03	21	MOTION to Continue Status Hearing by AMERICAN CENTER FOR LAW AND JUSTICE, DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (See Docket Entry 20 to view document). (znmw) (Entered: 04/04/2018)
2018-04-04		MINUTE ORDER. Upon consideration of the parties' 20 Request to Continue the Status Conference set for April 5, 2018, that request is hereby DENIED. The parties shall appear for the status conference as previously scheduled. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/4/2018. (lctnm2) (Entered: 04/04/2018)
2018-04-05		Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 4/5/2018. Order forthcoming. (Court Reporter: Patricia Kaneshiro-Miller.) (hmc) (Entered: 04/05/2018)
2018-04-05		MINUTE ORDER. Until otherwise ordered by the Court, the State Department shall aspire to process 400 pages per month, with the expectation that any monthly shortfall will be made up in the following month. At this time, the Court will not order briefing on the Defendants' Glomar responses, and the current requirement of Joint Status Reports every 60 days will continue unchanged. SO ORDERED. (lctnm2) (Entered: 04/05/2018)
2018-04-25	22	STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Courtesy copies are excused for all filings predating the entry of this Standing Order. Signed by Judge Trevor N. McFadden on 4/25/2018. (lctnm2) (Entered: 04/25/2018)
2018-05-03		MINUTE ORDER. In light of the Plaintiff's recent filing in American Center for Law and Justice v. United States Department of State, Case No. 1:16-cv-1975, and the Court's subsequent processing order in that case, the requirement that the State Department aspire to process 400 pages per month in this case is hereby LIFTED. The State Department shall continue to process potentially responsive records with due diligence but without a monthly minimum. The parties shall continue to file Joint Status Reports every 60 days, as previously ordered. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/3/2018. (lctnm2) (Entered: 05/03/2018)
2018-06-04	23	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Motgi, Anjali) (Entered: 06/04/2018)
2018-08-03	24	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Motgi, Anjali) (Entered: 08/03/2018)
2018-08-16	25	NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN CENTER FOR LAW AND JUSTICE. Attorney Carly F. Gammill terminated. (Southerland, Abigail) (Entered: 08/16/2018)
2018-08-30	26	NOTICE of Appearance by Olivia F. Summers on behalf of All Plaintiffs Associated Cases: 1:17-cv-01425-TNM, 1:17-cv-01991-RDM(Summers, Olivia) (Entered: 08/30/2018)
2018-10-03	27	Joint STATUS REPORT by DEPARTMENT OF STATE. Associated Cases: 1:17-cv-01425-TNM, 1:17-cv-01991-RDM(Motgi, Anjali) (Entered: 10/03/2018)
2018-12-03	28	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 12/03/2018)
2019-02-04	29	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 02/04/2019)
2019-04-04	30	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 04/04/2019)
2019-06-04	31	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 06/04/2019)
2019-08-01	32	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 08/01/2019)
2019-08-01		MINUTE ORDER. Upon consideration of the parties' 32 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report or before September 3, 2019. The Joint Status Report should advise the Court about outstanding issues in the case and, if necessary, propose a briefing schedule. It is further ordered that the parties shall appear for a status conference before Judge Trevor N. McFadden at 10 am in Courtroom 2 on September 16, 2019. Signed by Judge Trevor N. McFadden on 08/01/2019. (lctnm2) (Entered: 08/01/2019)
2019-08-02		Set/Reset Deadlines/Hearings: Joint Status Report due by 9/3/2019. Status Conference set for 9/16/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 08/02/2019)
2019-08-14		NOTICE of Hearing:The parties shall take notice that the Status Conference previously set for 9/16/2019, is rescheduled to 9/18/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 08/14/2019)
2019-08-30	33	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 08/30/2019)
2019-09-03		MINUTE ORDER. Upon consideration of the parties 33 Joint Status Report, it is hereby ordered that the parties shall submit a further Joint Status Report on or before October 31, 2019. The status report should advise the Court about the parties discussions regarding the Defendants forthcoming Vaughn index and propose a briefing schedule. It is further ordered that the Status Conference set for September 18, 2019 is rescheduled for 10 AM on November 4, 2019 in Courtroom 2. Signed by Judge Trevor N. McFadden on 09/03/2019. (lctnm2) (Entered: 09/03/2019)
2019-09-03		Set/Reset Deadlines/Hearings: Joint Status Report due by 10/31/2019. Status Conference rescheduled for 11/4/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 09/03/2019)
2019-10-31	34	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 10/31/2019)
2019-11-01		MINUTE ORDER. Upon consideration of the parties' 34 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before December 5, 2019. The status report should include a proposed briefing schedule. It is further ORDERED that the Status Conference set for November 4, 2019, is rescheduled for December 9, 2019, at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/1/2019. (lctnm2) (Entered: 11/01/2019)
2019-11-04		Set/Reset Deadlines/Hearings: Status Report due by 12/5/2019. Status Conference rescheduled for 12/9/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 11/04/2019)
2019-11-25		NOTICE of Hearing: The parties shall take notice that the Status Conference currently set for 12/9/2019 is rescheduled for 12/6/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 11/25/2019)
2019-11-27	35	NOTICE OF SUBSTITUTION OF COUNSEL by Nicholas P. Cartier on behalf of UNITED STATES NATIONAL SECURITY AGENCY Substituting for attorney Anjali Motgi Associated Cases: 1:17-cv-01425-TNM, 1:17-cv-01991-RDM(Cartier, Nicholas) (Entered: 11/27/2019)
2019-12-02		NOTICE of Hearing: The parties shall take notice that the Status Conference currently set for 12/6/2019 is rescheduled for 12/11/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 12/02/2019)
2019-12-05	36	Joint STATUS REPORT by AMERICAN CENTER FOR LAW AND JUSTICE. (Southerland, Abigail) (Entered: 12/05/2019)
2019-12-09		MINUTE ORDER. Upon consideration of the 36 Joint Status Report, the parties are hereby ORDERED to adhere to the following briefing schedule: Defendants' motion for summary judgment is due on or before February 21, 2020. Plaintiff's opposition and cross-motion for summary judgment is due on or before March 20, 2020. Defendants' opposition and reply is due on or before April 20, 2020. Plaintiff's reply is due on or before May 18, 2020. It is further ORDERED that the status conference set for December 11, 2019, is hereby VACATED. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/9/2019. (lctnm2) (Entered: 12/09/2019)
2019-12-09		Set/Reset Deadlines: Defendants' motion for summary judgment due by 2/21/2020. Plaintiff's opposition and cross-motion for summary judgment due by 3/20/2020. Defendant's opposition and reply due by 4/20/2020. Plaintiff's reply due by 5/18/2020. (hmc) (Entered: 12/09/2019)
2020-02-21	37	MOTION for Summary Judgment by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY (Attachments: # 1 Declaration Kiyosaki Decl., # 2 Declaration Redmond Decl., # 3 Declaration Stein Decl., # 4 Text of Proposed Order)(Cartier, Nicholas) (Entered: 02/21/2020)
2020-03-20	38	Memorandum in opposition to re (37 in 1:17-cv-01425-TNM) MOTION for Summary Judgment filed by AMERICAN CENTER FOR LAW AND JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Affidavit)Associated Cases: 1:17-cv-01425-TNM, 1:17-cv-01991-RDM(Southerland, Abigail) (Entered: 03/20/2020)
2020-03-20	39	Cross MOTION for Summary Judgment by AMERICAN CENTER FOR LAW AND JUSTICE (Attachments: # 1 Statement of Facts, # 2 Affidavit)(Southerland, Abigail) (Entered: 03/20/2020)
2020-03-23		NOTICE OF ERROR re 19 Status Report; emailed to anjali.motgi@usdoj.gov, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. Counsel is reminded not to select Spread Text option when filing., (ztd, ) (Entered: 03/23/2020)
2020-04-09	40	NOTICE OF SUBSTITUTION OF COUNSEL by Emily Sue Newton on behalf of All Defendants Substituting for attorney Nicholas Cartier Associated Cases: 1:17-cv-01425-TNM, 1:17-cv-01991-RDM(Newton, Emily) (Entered: 04/09/2020)
2020-04-20	41	RESPONSE re (39 in 1:17-cv-01425-TNM) Cross MOTION for Summary Judgment filed by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY, DEPARTMENT OF STATE. (Attachments: # 1 Response to Plaintiff's Statement of Facts, # 2 Declaration)Associated Cases: 1:17-cv-01425-TNM, 1:17-cv-01991-RDM(Newton, Emily) (Entered: 04/20/2020)
2020-04-20	42	REPLY to opposition to motion re (37 in 1:17-cv-01425-TNM) MOTION for Summary Judgment filed by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY, DEPARTMENT OF STATE. Associated Cases: 1:17-cv-01425-TNM, 1:17-cv-01991-RDM(Newton, Emily) (Entered: 04/20/2020)
2020-05-18	43	REPLY to opposition to motion re 39 Cross MOTION for Summary Judgment filed by AMERICAN CENTER FOR LAW AND JUSTICE. (Attachments: # 1 Declaration Ben Sisney)(Southerland, Abigail) (Entered: 05/18/2020)
2020-05-22		MINUTE ORDER. It is hereby ORDERED that Defendants shall be permitted to file a sur-reply in response to Plaintiff's 43 Reply. The sur-reply shall be for the limited purpose of responding to Plaintiff's arguments concerning events that transpired after Defendants submitted their 41 Reply and Opposition on April 20, 2020. The sur-reply shall not exceed 10 pages and is due by June 5, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/22/2020. (lctnm2) (Entered: 05/22/2020)
2020-05-22		Set/Reset Deadlines: Defendants' sur-reply due by 6/5/2020. (hmc) (Entered: 05/22/2020)
2020-05-29	44	SURREPLY to re 37 Plaintiff's Reply in Support of Its Cross Motion for Summary Judgment filed by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Newton, Emily) Modified to add link on 6/2/2020 (znmw). (Entered: 05/29/2020)
2020-06-17		MINUTE ORDER. It is hereby ORDERED that the parties shall appear for a hearing on Defendants' 37 Motion for Summary Judgment and Plaintiff's 39 Cross-Motion for Summary Judgment on July 8, 2020 at 10:00 a.m. The hearing will take place by telephone. Dial-in information will be emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/17/2020. (lctnm2) Modified on 6/17/2020 to add time of hearing(hmc). (Entered: 06/17/2020)
2020-06-17		Set/Reset Hearings: Telephonic Motion Hearing set for 7/8/2020 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 06/17/2020)
2020-07-07	45	NOTICE of Additional Basis for Withholding by DEPARTMENT OF STATE (Simon, Jeremy) (Entered: 07/07/2020)
2020-07-08	46	REPLY to opposition to motion re (39 in 1:17-cv-01425-TNM) Cross MOTION for Summary Judgment CORRECTED filed by AMERICAN CENTER FOR LAW AND JUSTICE. (Attachments: # 1 Declaration)Associated Cases: 1:17-cv-01425-TNM, 1:17-cv-01991-RDM(Sisney, Benjamin) (Entered: 07/08/2020)
2020-07-08		Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 7/8/2020 re 37 Motion for Summary Judgment and 39 Cross-Motion for Summary Judgment. Matters taken under advisement. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 07/08/2020)
2020-07-24	47	MEMORANDUM OPINION re Defendants' 37 Motion for Summary Judgment and Plaintiff's 39 Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 7/24/2020. (lctnm2) (Entered: 07/24/2020)
2020-07-24	48	ORDER. In accordance with the 47 Memorandum Opinion, Defendants' 37 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART, and Plaintiff's 39 Cross-Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. This is a final, appealable Order. Signed by Judge Trevor N. McFadden on 7/24/2020. (lctnm2) (Entered: 07/24/2020)
2020-07-24		MINUTE ORDER. In light of the 47 Memorandum Opinion and 48 Order, it is hereby ORDERED that the parties shall file a Joint Status Report on or before August 21, 2020, providing a proposal and schedule for further proceedings in this matter. It is further ORDERED that the parties shall appear for a status conference on August 25, 2020, at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/24/2020. (lctnm2) (Entered: 07/24/2020)
2020-08-20		Set/Reset Deadlines/Hearings: Joint Status Report due by 8/21/2020. Status Conference set for 8/25/2020 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 08/20/2020)
2020-08-21	49	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Newton, Emily) (Entered: 08/21/2020)
2020-08-21		MINUTE ORDER. Upon consideration of the 49 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before September 25, 2020, proposing how to proceed in this matter. It is further ORDERED that the Status Conference scheduled for August 25, 2020, is VACATED. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/21/2020. (lctnm2) (Entered: 08/21/2020)
2020-08-21		Set/Reset Deadlines: Joint Status Report due by 9/25/2020. (hmc) (Entered: 08/21/2020)
2020-09-24	50	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 09/24/2020)
2020-09-24		MINUTE ORDER. Upon consideration of the 50 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before October 26, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/24/2020. (lctnm2) (Entered: 09/24/2020)
2020-09-24		Set/Reset Deadlines: Joint Status Report due by 10/26/2020. (hmc) (Entered: 09/24/2020)
2020-10-26	51	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 10/26/2020)
2020-10-26		MINUTE ORDER: Upon consideration of the parties' 51 Joint Status Report, the parties shall submit the next Joint Status Report on or before 12/10/2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/26/2020. (lctnm2) (Entered: 10/26/2020)
2020-10-27		Set/Reset Deadlines: Joint Status Report due by 12/10/2020. (hmc) (Entered: 10/27/2020)
2020-12-10	52	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 12/10/2020)
2020-12-10		MINUTE ORDER: Upon consideration of the parties' 52 Joint Status Report, the parties shall submit the next Joint Status Report on or before January 22, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/10/2020. (lctnm2) (Entered: 12/10/2020)
2020-12-10		Set/Reset Deadlines: Joint Status Report due by 1/22/2021. (hmc) (Entered: 12/10/2020)
2021-01-22	53	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 01/22/2021)
2021-01-22		MINUTE ORDER: Upon consideration of the parties' 53 Joint Status Report, the parties shall submit the next Joint Status Report on or before February 25, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/22/2021. (lctnm2) (Entered: 01/22/2021)
2021-01-25		Set/Reset Deadlines: Joint Status Report due by 2/25/2021. (hmc) (Entered: 01/25/2021)
2021-02-25	54	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 02/25/2021)
2021-02-25		MINUTE ORDER: Upon consideration of the parties' 54 Joint Status Report, the parties shall submit the next Joint Status Report on or before March 25, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/25/2021. (lctnm2) (Entered: 02/25/2021)
2021-02-25		Set/Reset Deadlines: Joint Status Report due by 3/25/2021. (hmc) (Entered: 02/25/2021)
2021-03-25	55	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 03/25/2021)
2021-03-25		MINUTE ORDER: Upon consideration of the parties' 55 Joint Status Report, the parties shall submit the next Joint Status Report on or before May 25, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/25/2021. (lctnm2) (Entered: 03/25/2021)
2021-03-26		Set/Reset Deadlines: Joint Status Report due by 5/25/2021. (hmc) (Entered: 03/26/2021)
2021-05-25	56	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 05/25/2021)
2021-05-25		MINUTE ORDER. Upon consideration of the parties' 56 Joint Status Report, the parties shall submit the next Joint Status Report on or before July 20, 2021. It is further ordered that the parties shall appear for a telephonic status conference before Judge McFadden on July 30, 2021 at 3:00 pm. Dial-in information will be emailed to the parties. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/25/2021. (lctnm2) (Entered: 05/25/2021)
2021-05-25		Set/Reset Deadlines/Hearings: Joint Status Report due by 7/20/2021. Telephonic Status Conference set for 7/30/2021 at 3:00 PM before Judge Trevor N. McFadden. (hmc) (Entered: 05/25/2021)
2021-07-20	57	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 07/20/2021)
2021-07-30		Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 7/30/2021. Joint Status Report due by 9/8/2021. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 07/30/2021)
2021-09-08	58	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 09/08/2021)
2021-09-14		MINUTE ORDER. Upon consideration of the parties' 58 Joint Status Report, the parties shall submit the next Joint Status Report on or before October 12, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/14/21. (lctnm2) (Entered: 09/14/2021)
2021-09-14		Set/Reset Deadlines: Joint Status Report due by 10/12/2021. (hmc) (Entered: 09/14/2021)
2021-10-12	59	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 10/12/2021)
2021-10-13		MINUTE ORDER. Upon consideration of the parties' 59 Joint Status Report, the Court directs the parties to file another Joint Status Report on or before December 15, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/13/21. (lctnm2) (Entered: 10/13/2021)
2021-10-13		Set/Reset Deadlines: Joint Status Report due by 12/15/2021. (hmc) (Entered: 10/13/2021)
2021-12-15	60	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 12/15/2021)
2021-12-15		MINUTE ORDER. Upon consideration of the 60 Joint Status Report, the Court hereby orders to the parties to submit another JSR on January 19, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/15/21. (lctnm2) (Entered: 12/15/2021)
2021-12-15		Set/Reset Deadlines: Joint Status Report due by 1/19/2022. (hmc) (Entered: 12/15/2021)
2022-01-04	61	NOTICE OF SUBSTITUTION OF COUNSEL by Elizabeth Murray Tulis on behalf of DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY Substituting for attorney Emily Newton (Tulis, Elizabeth) (Entered: 01/04/2022)
2022-01-19	62	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 01/19/2022)
2022-01-19		MINUTE ORDER. Upon consideration of the parties' 62 Joint Status Report, the Court directs the parties to file another JSR on or before March 1, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/19/22. (lctnm2) (Entered: 01/19/2022)
2022-01-20		Set/Reset Deadlines: Joint Status Report due by 3/1/2022. (hmc) (Entered: 01/20/2022)
2022-03-01	63	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 03/01/2022)
2022-03-01		MINUTE ORDER. Upon consideration of the 63 Joint Status Report, the Court directs the parties to file another JSR on or before April 14, 2022. Should the parties reach agreement before that date on attorneys fees and costs, they will promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/1/22. (lctnm2) (Entered: 03/01/2022)
2022-03-02		Set/Reset Deadlines: Joint Status Report due by 4/14/2022. (hmc) (Entered: 03/02/2022)
2022-04-14	64	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 04/14/2022)
2022-04-14		MINUTE ORDER. Upon consideration of the 64 Joint Status Report, the Court directs the parties to file another JSR by June 9, 2022. If the parties resolve this matter before then, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/14/22. (lctnm2) (Entered: 04/14/2022)
2022-04-14		Set/Reset Deadlines: Joint Status Report due by 6/9/2022. (hmc) (Entered: 04/14/2022)
2022-06-09	65	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 06/09/2022)
2022-06-09		MINUTE ORDER. Upon consideration of the 65 Joint Status Report, the Court orders the parties to file a settlement agreement or notice of dismissal by July 12, 2022. If the parties have filed no similar document by then, they shall file a JSR by that date. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/9/22. (lctnm2) (Entered: 06/09/2022)
2022-07-12	66	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 07/12/2022)
2022-07-12		MINUTE ORDER. Upon consideration of the 66 Joint Status Report, the Court directs the parties to file another JSR by August 17, 2022. If the parties finalize their settlement before then, they shall file a final settlement agreement or notice of dismissal by that date. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/12/22. (lctnm2) (Entered: 07/12/2022)
2022-07-13		Set/Reset Deadlines: Joint Status Report due by 8/17/2022. (hmc) (Entered: 07/13/2022)
2022-08-17	67	Joint STATUS REPORT by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 08/17/2022)
2022-08-17		MINUTE ORDER. Upon consideration of the 67 Joint Status Report, the Court directs the parties to file another JSR by September 16, 2022. If the parties finalize their settlement before then, they shall file a final settlement agreement or notice of dismissal by that date. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/17/22. (lctnm2) (Entered: 08/17/2022)
2022-08-17		Set/Reset Deadlines: Joint Status Report due by 9/16/2022. (hmc) (Entered: 08/17/2022)
2022-08-29	68	STIPULATION of Dismissal by DEPARTMENT OF STATE, UNITED STATES NATIONAL SECURITY AGENCY. (Simon, Jeremy) (Entered: 08/29/2022)
2022-08-29		MINUTE ORDER. Upon consideration of the 68 Stipulation of Dismissal, this case is hereby DISMISSED with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is requested to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/29/22. (lctnm2) (Entered: 08/29/2022)
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