Skip to content

Case Detail

[Subscribe to updates]
Case TitleAmerican Civil Liberties Union et al v. Department of Defense et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv09972
Date Filed2017-12-21
Date ClosedOpen
JudgeJudge Edgardo Ramos
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
Case DescriptionThe American Civil Liberties Union submitted FOIA requests to the Department of Defense, the Department of Justice, and the Department of State for records concerning the Trump administration's rules governing the use of lethal force abroad, known as "Principles, Standards, and Procedures." The ACLU also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the request and some indicated that the request would be put on their complex track for processing. However, after hearing nothing further from any of the agencies, the ACLU filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver

DefendantDepartment of Defense
DefendantDepartment of Justice
DefendantDepartment of State
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [25]
Opinion/Order [39]
Opinion/Order [40]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-12-211COMPLAINT against Department of Defense, Department of Justice, Department of State. (Filing Fee $ 400.00, Receipt Number 0208-14502653)Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit October 30, 2017 FOIA Request)(Shamsi, Hina) (Entered: 12/21/2017)
2017-12-212CIVIL COVER SHEET filed. (Shamsi, Hina) (Entered: 12/21/2017)
2017-12-213REQUEST 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: 12/21/2017)
2017-12-214REQUEST 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: 12/21/2017)
2017-12-215REQUEST 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: 12/21/2017)
2017-12-216RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Shamsi, Hina) (Entered: 12/21/2017)
2017-12-217NOTICE OF APPEARANCE by Brett Max Kaufman on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Kaufman, Brett) (Entered: 12/21/2017)
2017-12-218NOTICE OF APPEARANCE by Anna Natalia Diakun on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 12/21/2017)
2017-12-22CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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 . (pc) (Entered: 12/22/2017)
2017-12-22Magistrate Judge Kevin Nathaniel Fox 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 . (pc) (Entered: 12/22/2017)
2017-12-22Case Designated ECF. (pc) (Entered: 12/22/2017)
2017-12-229ELECTRONIC SUMMONS ISSUED as to Department of State. (pc) (Entered: 12/22/2017)
2017-12-2210ELECTRONIC SUMMONS ISSUED as to Department of Defense. (pc) (Entered: 12/22/2017)
2017-12-2211ELECTRONIC SUMMONS ISSUED as to Department of Justice. (pc) (Entered: 12/22/2017)
2018-01-2312NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of Department of Defense, Department of Justice, Department of State. (Normand, Sarah) (Entered: 01/23/2018)
2018-02-0113NOTICE OF APPEARANCE by Elizabeth J Shapiro on behalf of Department of Defense, Department of Justice, Department of State. (Shapiro, Elizabeth) (Entered: 02/01/2018)
2018-02-0114ANSWER to 1 Complaint,. Document filed by Department of Defense, Department of Justice, Department of State.(Normand, Sarah) (Entered: 02/01/2018)
2018-04-0415AFFIDAVIT OF SERVICE (FOIA CASE). Department of Defense served on 12/29/2017, answer due 1/29/2018. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 04/04/2018)
2018-04-0416ACKNOWLEDGMENT OF SERVICE (FOIA CASE). Department of Justice served on 12/29/2017, answer due 1/29/2018. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 04/04/2018)
2018-04-0417AFFIDAVIT OF SERVICE (FOIA CASE). Department of State served on 12/29/2017, answer due 1/29/2018. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 04/04/2018)
2018-04-0418AFFIDAVIT OF SERVICE of Summons served on Jefferson B. Sessions, III, Attorney General of the United States on 12/29/2017. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 04/04/2018)
2018-04-0419AFFIDAVIT OF SERVICE of Summons served on United States Attorney for the Southern District of New York on 12/29/2017. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 04/04/2018)
2018-12-2720STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (mro) (Entered: 01/02/2019)
2018-12-27Case Stayed (mro) (Entered: 01/14/2019)
2019-09-2721FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Anna Diakun to Withdraw as Attorney . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Declaration of Anna Diakun, # 2 Text of Proposed Order Proposed Order)(Diakun, Anna) Modified on 12/12/2019 (db). (Entered: 09/27/2019)
2019-09-3022ORDER TERMINATING APPEARANCE OF ANNA DIAKUN granting 21 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED THAT the appearance of Anna Diakun in this matter is terminated; IT IS FURTHER ORDERED THAT the Clerk of Court shall remove Anna Diakun from the docket sheet in this matter. IT IS SO ORDERED. (Attorney Anna Natalia Diakun terminated.) (Signed by Judge Edgardo Ramos on 9/30/19) (yv) (Entered: 09/30/2019)
2020-01-0823LETTER addressed to Judge Edgardo Ramos from Brett Max Kaufman dated January 8, 2020 re: Anticipated Motion for Partial Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Kaufman, Brett) (Entered: 01/08/2020)
2020-01-1324LETTER addressed to Judge Edgardo Ramos from AUSA Sarah S. Normand dated January 13, 2020 re: the ACLU's January 8, 2020 letter requesting a pre-motion conference. Document filed by Department of Defense, Department of Justice, Department of State.(Normand, Sarah) (Entered: 01/13/2020)
2020-01-1525ORDER re: (8 in 1:20-cv-00043-ER) Letter filed by The New York Times Company, (23 in 1:17-cv-09972-ER) Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation. For the reasons set forth above, the Court sets the following consolidated briefing schedule for both actions: motions due February 12, 2020; oppositions due March 11, 2020; and replies due March 25, 2020. Furthermore, in light of this briefing schedule, the request for a pre-motion conference filed in 17 Civ. 9972, Doc. 23, is DENIED as moot. It is SO ORDERED. (Motions due by 2/12/2020., Responses due by 3/11/2020, Replies due by 3/25/2020.) (Signed by Judge Edgardo Ramos on 1/15/2020) (kv) (Entered: 01/15/2020)
2020-01-3026LETTER MOTION for Extension of Time and Clarification and Modification of the Court's Order dated January 15, 2020 addressed to Judge Edgardo Ramos from AUSA Steven J. Kochevar dated January 30, 2020. Document filed by Department of Defense, Department of Justice, Department of State.(Kochevar, Steven) (Entered: 01/30/2020)
2020-02-0427ORDER granting 26 Letter Motion for Extension of Time. The proposed briefing schedule is hereby approved. The government's consolidated motion for summary judgment in both cases is due February 26, 2020. Plaintiffs ACLU's and NYT's respective oppositions and cross-motions for summary judgment are due March 25, 2020. The government's reply in support of its motion for summary judgment and opposition to plaintiffs cross-motions is due April 15, 2020.ACLU's and NYT's replies in support of their cross-motions are due May 6, 2020. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 02/04/2020)
2020-02-04Set/Reset Deadlines: Motions due by 2/26/2020. Cross Motions due by 3/25/2020. Responses due by 4/15/2020. Replies due by 5/6/2020. (jar) (Entered: 02/04/2020)
2020-02-2628MOTION for Summary Judgment . Document filed by Department of Defense, Department of Justice, Department of State..(Kochevar, Steven) (Entered: 02/26/2020)
2020-02-2629NOTICE of Lodging of Classified Submission. Document filed by Department of Defense, Department of Justice, Department of State..(Kochevar, Steven) (Entered: 02/26/2020)
2020-02-2630DECLARATION of Ellen J. Knight (Redacted) in Support re: 28 MOTION for Summary Judgment .. Document filed by Department of Defense, Department of Justice, Department of State..(Kochevar, Steven) (Entered: 02/26/2020)
2020-02-2631MEMORANDUM OF LAW in Support re: 28 MOTION for Summary Judgment . . Document filed by Department of Defense, Department of Justice, Department of State..(Kochevar, Steven) (Entered: 02/26/2020)
2020-03-2532CROSS MOTION for Partial Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. Responses due by 4/15/2020.(Kaufman, Brett) (Entered: 03/25/2020)
2020-03-2533MEMORANDUM OF LAW in Support re: 32 CROSS MOTION for Partial Summary Judgment ., 28 MOTION for Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Kaufman, Brett) (Entered: 03/25/2020)
2020-03-2534DECLARATION of Charles Hogle in Support re: 32 CROSS MOTION for Partial Summary Judgment ., 28 MOTION for Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Ex. 1 (ACLU FOIA Request), # 2 Ex. 2.1 (DOD Report Part 1), # 3 Ex. 2.2 (DOD Report Part 2), # 4 Ex. 2.3 (DOD Report Part 3), # 5 Ex. 2.4 (DOD Report 4), # 6 Ex. 2.5 (DOD Report Part 5), # 7 Ex. 2.6 (DOD Report Part 6), # 8 Ex. 2.7 (DOD Report Part 7), # 9 Ex. 3 (ACLU Letter Re: Report), # 10 Ex. 4 (Gov't Response Re: Report)).(Kaufman, Brett) (Entered: 03/25/2020)
2020-04-1535REPLY MEMORANDUM OF LAW in Support re: 28 MOTION for Summary Judgment . and in Opposition to Plaintiffs' Cross Motion for Partial Summary Judgment . Document filed by Department of Defense, Department of Justice, Department of State..(Kochevar, Steven) (Entered: 04/15/2020)
2020-05-0636REPLY MEMORANDUM OF LAW in Support re: 32 CROSS MOTION for Partial Summary Judgment . and in Opposition to Defendants' Motion for Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Kaufman, Brett) (Entered: 05/06/2020)
2020-08-1937LETTER addressed to Judge Edgardo Ramos from AUSA Steven J. Kochevar dated August 19, 2020 re: Recent Decisions of the United States Court of Appeals for the Second Circuit. Document filed by Department of Defense, Department of Justice, Department of State..(Kochevar, Steven) (Entered: 08/19/2020)
2020-08-2638LETTER addressed to Judge Edgardo Ramos from Brett Max Kaufman dated August 26, 2020 re: Government's August 19, 2020 Letter. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Kaufman, Brett) (Entered: 08/26/2020)
2020-09-2939ORDER granting 32 Motion for Partial Summary Judgment; denying 28 Motion for Summary Judgment. For the reasons set forth in a Memorandum Opinion to be filed separately, the defendants' motions for summary judgment are DENIED and the plaintiffs' cross-motions for summary judgment are GRANTED. The defendants are ORDERED to confirm or deny the existence of records responsive to the plaintiffs' FOIA requests. The parties are further directed to submit, by November 1, 2020, a schedule for the defendants' compliance with this Order and the further disposition of this case. The Clerk of Court is respectfully directed to terminate the following motions: Docs. 28 and 32 in 17 Civ. 9972, and Docs. 13 and 17 in 20 Civ. 43. (Signed by Judge Edgardo Ramos on 9/29/2020) (mro) (Entered: 09/29/2020)
2020-10-0540MEMORANDUM OPINION: For these reasons, the Court finds that the Defense Department never properly invoked Exemption 3 and that its invocation of Exemption 1 was rendered illogical and implausible by the release of the Niger ambush report. Accordingly, the agencies' motion for summary judgment was DENIED, and the cross-motions of both the ACLU and the Times were GRANTED. The instructions within the Court's Order of September 29, 2020, Doc. 39, remain in effect. (Signed by Judge Edgardo Ramos on 10/5/2020) (mro) (Entered: 10/06/2020)
2020-10-2041LETTER MOTION for Extension of Time to File Schedule for Defendants' Compliance with September 29 Order and Disposition of Case addressed to Judge Edgardo Ramos from AUSA Sarah S. Normand dated October 20, 2020. Document filed by Department of Defense, Department of Justice, Department of State..(Normand, Sarah) (Entered: 10/20/2020)
2020-10-2042ORDER granting 41 Letter Motion for Extension of Time. Defendant's request to extend the deadline to comply with the Court's September 29, 2020 Order until December 4, 2020 is granted. (Signed by Judge Edgardo Ramos on 10/20/2020) (mro) (Entered: 10/20/2020)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar