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Case TitleOpen Society Justice Initiative v. Office of the Director of National Intelligence
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv06625
Date Filed2020-08-19
Date ClosedOpen
JudgeJudge Paul A. Engelmayer
PlaintiffOpen Society Justice Initiative
Case DescriptionThe Open Society Justice Initiative submitted a FOIA request to the Office of the Director of National Intelligence for records concerning the killing of journalist Jamil Khashoggi. OSJI also requested expedited processing and a fee waiver. ODNI acknowledged receipt of the request. It granted OSJI's request for a fee waiver but denied its request for expedited processing. After hearing nothing further from the agency, OSJI filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantOffice of the Director of National Intelligence
DefendantSenator Ron Wyden
DefendantRepresentative Tom Malinowski
DefendantDemocracy for the Arab World Now
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [7]
Opinion/Order [41]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-08-191COMPLAINT against Office of the Director of National Intelligence. (Filing Fee $ 400.00, Receipt Number ANYSDC-21227730)Document filed by Open Society Justice Initiative. (Attachments: # 1 Exhibit A - 2/27/20 Schiff letter to Director Grenell, # 2 Exhibit B - 7/20/20 FOIA Request, # 3 Exhibit C - 7/22/20 FOIA Request Acknowledgment).(Amirfar, Catherine) (Entered: 08/19/2020)
2020-08-192CIVIL COVER SHEET filed..(Amirfar, Catherine) (Entered: 08/19/2020)
2020-08-193REQUEST FOR ISSUANCE OF SUMMONS as to Office of the Director of National Intelligence, re: 1 Complaint,. Document filed by Open Society Justice Initiative..(Amirfar, Catherine) (Entered: 08/19/2020)
2020-08-194STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-234-PAE. Document filed by Open Society Justice Initiative..(Amirfar, Catherine) (Entered: 08/19/2020)
2020-08-195RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Open Society Institute for Open Society Justice Initiative. Document filed by Open Society Justice Initiative..(Amirfar, Catherine) (Entered: 08/19/2020)
2020-08-20CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pne) (Entered: 08/20/2020)
2020-08-20Case Designated ECF. (pne) (Entered: 08/20/2020)
2020-08-20CASE REFERRED TO Judge Paul A. Engelmayer as possibly related to 19CV234. (pne) (Entered: 08/20/2020)
2020-08-206ELECTRONIC SUMMONS ISSUED as to Office of the Director of National Intelligence..(pne) (Entered: 08/20/2020)
2020-08-20CASE ACCEPTED AS RELATED. Create association to 1:19-cv-00234-PAE. Notice of Assignment to follow. (wb) (Entered: 08/20/2020)
2020-08-20NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case..(wb) (Entered: 08/20/2020)
2020-08-20Magistrate Judge Barbara C. Moses 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (wb) (Entered: 08/20/2020)
2020-08-217ORDER: The Court has received the Complaint in this matter and has determined that it is related to the FOIA litigation pending before the Court in Open Society Justice Initiative v. Central Intelligence Agency, et al., No. 19 Civ. 234 (PAE) (BCM). To assure the efficient and coordinated litigation of these matters, the Court directs counsel to promptly meet and confer, and to submit a joint letter by September 3, 2020, setting out the parties' views as to a plan for the prompt adjudication of the claims in the newly filed case. (Signed by Judge Paul A. Engelmayer on 8/21/2020) (cf) (Entered: 08/21/2020)
2020-08-218NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 08/21/2020)
2020-08-219AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint, served. Office of the Director of National Intelligence served on 8/20/2020, answer due 9/21/2020. Service was accepted by Lisa Ahern for personal service. Registered Mailings were also completed on 8/20/20.. Document filed by Open Society Justice Initiative..(Amirfar, Catherine) (Entered: 08/21/2020)
2020-08-2510NOTICE OF APPEARANCE by Amrit Singh on behalf of Open Society Justice Initiative..(Singh, Amrit) (Entered: 08/25/2020)
2020-09-0311NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of Office of the Director of National Intelligence..(Teleanu, Natasha) (Entered: 09/03/2020)
2020-09-0312JOINT LETTER addressed to Judge Paul A. Engelmayer from Natasha W. Teleanu and Catherine Amirfar dated 9/3/2020 re: the parties' views on consolidation, the response to the FOIA request, and scheduling. Document filed by Office of the Director of National Intelligence..(Teleanu, Natasha) (Entered: 09/03/2020)
2020-09-0913ORDER: The Court adopts the schedule proposed by the Government, under which ODNI would respond to plaintiffs' request by October 9. The Court adopts the following schedule for summary judgment briefing: Defendant's motion for summary judgment is due November 9, 2020; Plaintiff will file its motion for summary judgment and its opposition to defendant's motion for summary judgment by December 9, 2020; Defendant will file its reply in support of its summary judgment motion, and its opposition to plaintiff's summary judgment motion, by December 23, 2020. Plaintiff will file its reply in support of its summary judgment motion by January 6, 2021. Motions due by 12/9/2020. Responses due by 12/23/2020 Replies due by 1/21/2021. (Signed by Judge Paul A. Engelmayer on 9/9/2020) (nb) (Entered: 09/09/2020)
2020-09-1614CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, until after motions are resolved, if necessary addressed to Judge Paul A. Engelmayer from Peter Aronoff dated 9/16/2020. Document filed by Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 09/16/2020)
2020-09-1715ORDER granting 14 Letter Motion for Extension of Time to Answer: Granted. Defendant's time to answer, move, or otherwise respond to the complaint is extended to three weeks after the date of the Court's decision on the forthcoming cross-motions for summary judgment. (Signed by Judge Paul A. Engelmayer on 9/17/2020) (jwh) (Entered: 09/17/2020)
2020-11-0916MOTION for Summary Judgment . Document filed by Office of the Director of National Intelligence..(Teleanu, Natasha) (Entered: 11/09/2020)
2020-11-0917DECLARATION of Gregory M. Koch in Support re: 16 MOTION for Summary Judgment .. Document filed by Office of the Director of National Intelligence. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Teleanu, Natasha) (Entered: 11/09/2020)
2020-11-0918MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment . . Document filed by Office of the Director of National Intelligence..(Teleanu, Natasha) (Entered: 11/09/2020)
2020-12-0219LETTER MOTION for Extension of Time re revised summary judgment schedule addressed to Judge Paul A. Engelmayer from Catherine Amirfar dated 12/2/20. Document filed by Open Society Justice Initiative..(Amirfar, Catherine) (Entered: 12/02/2020)
2020-12-0320ORDER granting 19 Letter Motion for Extension of Time: Granted. (Signed by Judge Paul A. Engelmayer on 12/3/2020) (jwh) (Entered: 12/03/2020)
2020-12-03Set/Reset Deadlines as to 16 MOTION for Summary Judgment: Cross Motions due by 1/13/2021. Responses due by 2/3/2021. Replies due by 2/24/2021. (jwh) (Entered: 12/03/2020)
2021-01-1321NOTICE OF APPEARANCE by Lee Ross Crain on behalf of Ron Wyden, Tom Malinowski..(Crain, Lee) (Entered: 01/13/2021)
2021-01-1322NOTICE OF APPEARANCE by Alexandra Perloff-Giles on behalf of Tom Malinowski, Ron Wyden..(Perloff-Giles, Alexandra) (Entered: 01/13/2021)
2021-01-1323NOTICE OF APPEARANCE by Anne Marie Champion on behalf of Tom Malinowski, Ron Wyden..(Champion, Anne) (Entered: 01/13/2021)
2021-01-1324MOTION to File Amicus Brief in Support of Plaintiff's Motion for Summary Judgment . Document filed by Tom Malinowski, Ron Wyden. (Attachments: # 1 Text of Proposed Order).(Champion, Anne) (Entered: 01/13/2021)
2021-01-1325DECLARATION of Anne Champion in Support re: 24 MOTION to File Amicus Brief in Support of Plaintiff's Motion for Summary Judgment .. Document filed by Tom Malinowski, Ron Wyden. (Attachments: # 1 Exhibit 1 - Proposed Amicus Brief).(Champion, Anne) (Entered: 01/13/2021)
2021-01-1326CROSS MOTION for Summary Judgment / Notice of Cross-Motion for Summary Judgment . Document filed by Open Society Justice Initiative. Responses due by 2/3/2021.(Amirfar, Catherine) (Entered: 01/13/2021)
2021-01-1327MEMORANDUM OF LAW in Support re: 26 CROSS MOTION for Summary Judgment / Notice of Cross-Motion for Summary Judgment . / Plaintiff's Memorandum of Law in Support of Its Cross-Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment . Document filed by Open Society Justice Initiative..(Amirfar, Catherine) (Entered: 01/13/2021)
2021-01-1328MEMORANDUM OF LAW in Opposition re: 16 MOTION for Summary Judgment . / Plaintiff's Memorandum of Law in Support of Its Cross-Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment. Document filed by Open Society Justice Initiative . Document filed by Open Society Justice Initiative..(Amirfar, Catherine) (Entered: 01/13/2021)
2021-01-1329LETTER MOTION for Oral Argument / Letter Requesting Oral Argument on ODNI's Motion for Summary Judgment and OSJI's Cross-Motion for Summary Judgment addressed to Judge Paul A. Engelmayer from Catherine Amirfar dated January 13, 2021. Document filed by Open Society Justice Initiative..(Amirfar, Catherine) (Entered: 01/13/2021)
2021-01-1330NOTICE OF APPEARANCE by Keith Michael Harper on behalf of Democracy for the Arab World Now..(Harper, Keith) (Entered: 01/13/2021)
2021-01-1331DECLARATION of Ashika Singh in Support re: 26 CROSS MOTION for Summary Judgment / Notice of Cross-Motion for Summary Judgment .. Document filed by Open Society Justice Initiative. (Attachments: # 1 Exhibit 1 - ODNI Production, # 2 Exhibit 2 - 1277 and 5714 of NDAA, # 3 Exhibit 3 - 2021 IAA Section 625, # 4 Exhibit 4 - Wyden Congressional Statement, # 5 Exhibit 5 - Nakashima Article, # 6 Exhibit 6 - Litvan Article, # 7 Exhibit 7 - Woodward Rage, # 8 Exhibit 8 - Hudson Article, # 9 Exhibit 9 - Bump Article, # 10 Exhibit 10 - Luce Article).(Singh, Ashika) (Entered: 01/13/2021)
2021-01-1332DECLARATION of Ashika Singh in Opposition re: 16 MOTION for Summary Judgment .. Document filed by Open Society Justice Initiative. (Attachments: # 1 Exhibit 1 - ODNI Production, # 2 Exhibit 2 - 1277 and 5714 of NDAA, # 3 Exhibit 3 - 2021 IAA Section 625, # 4 Exhibit 4 - Wyden Congressional Statement, # 5 Exhibit 5 - Nakashima Article, # 6 Exhibit 6 - Litvan Article, # 7 Exhibit 7 - Woodward Rage, # 8 Exhibit 8 - Hudson Article, # 9 Exhibit 9 - Bump Article, # 10 Exhibit 10 - Luce Article).(Singh, Ashika) (Entered: 01/13/2021)
2021-01-1333LETTER MOTION for Leave to File Amicus Brief addressed to Judge Paul A. Engelmayer from Keith M. Harper dated January 13, 2021. Document filed by Democracy for the Arab World Now. (Attachments: # 1 Proposed Amicus Brief, # 2 Declaration of Amit B. Patel In Support Of Amicus Brief, # 3 Exhibits 1-6 to Patel Declaration, # 4 Exhibits 7-9 to Patel Declaration, # 5 Exhibits 10-13 to Patel Declaration, # 6 Exhibits 14-26 to Patel Declaration).(Harper, Keith) (Entered: 01/13/2021)
2021-01-1334RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Democracy for the Arab World Now..(Harper, Keith) (Entered: 01/13/2021)
2021-01-1435ORDER granting 33 Motion for Leave to File Document. Upon consideration of the motion of Senator Ron Wyden and Representative Tom Malinowski for leave to file their proposed amici curiae brief in support of Plaintiff, it is hereby ORDERED that the motion is GRANTED. (Signed by Judge Paul A. Engelmayer on 1/14/2021) (nb) (Entered: 01/14/2021)
2021-01-1436MEMO ENDORSEMENT on re: 33 LETTER MOTION for Leave to File Amicus Brief addressed to Judge Paul A. Engelmayer from Keith M. Harper dated January 13, 2021. filed by Democracy for the Arab World Now. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Paul A. Engelmayer on 1/14/21) (yv) (Entered: 01/14/2021)
2021-01-1537MOTION for Jabari Y. Julien to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23532180. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tom Malinowski, Ron Wyden. (Attachments: # 1 Affidavit of Jabari Y. Julien, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order).(Jabari, Julien) (Entered: 01/15/2021)
2021-01-15>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 37 MOTION for Jabari Y. Julien to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23532180. Motion and supporting papers to be reviewed by Clerk's Office staff The document has been reviewed and there are no deficiencies. (aea) (Entered: 01/15/2021)
2021-01-1538ORDER granting 37 Motion for Jabari Y. Julien to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Paul A. Engelmayer on 1/15/2021) (kv) (Entered: 01/15/2021)
2021-01-2739LETTER MOTION to Stay Briefing addressed to Judge Paul A. Engelmayer from Natasha W. Teleanu dated 1/27/2021. Document filed by Office of the Director of National Intelligence..(Teleanu, Natasha) (Entered: 01/27/2021)
2021-01-2740NOTICE of of Supplemental Authority re: 28 Memorandum of Law in Opposition to Motion, 27 Memorandum of Law in Support of Motion, 39 LETTER MOTION to Stay Briefing addressed to Judge Paul A. Engelmayer from Natasha W. Teleanu dated 1/27/2021., 26 CROSS MOTION for Summary Judgment / Notice of Cross-Motion for Summary Judgment .. Document filed by Open Society Justice Initiative. (Attachments: # 1 Exhibit 1 Hearing Transcript (Haines Confirmation), # 2 Exhibit 2 Additional Prehearing Questions (Haines Confirmation)).(Amirfar, Catherine) (Entered: 01/27/2021)
2021-01-2941ORDER granting 39 Letter Motion to Stay. Granted. So Ordered. (Signed by Judge Paul A. Engelmayer on 1/28/2021) (js) (Entered: 01/29/2021)
2021-02-1742LETTER MOTION for Extension of Time to extend stay addressed to Judge Paul A. Engelmayer from Natasha W. Teleanu dated 2/17/2021. Document filed by Office of the Director of National Intelligence..(Teleanu, Natasha) (Entered: 02/17/2021)
2021-02-1743LETTER addressed to Judge Paul A. Engelmayer from Catherine Amirfar dated February 17, 2021 re: Extension of Stay. Document filed by Open Society Justice Initiative..(Amirfar, Catherine) (Entered: 02/17/2021)
2021-02-1844ORDER granting 42 LETTER MOTION for Extension of Time to extend stay. The Court has received this letter from the Government requesting an extension of two weeks, and a letter from the plaintiff only consenting to an extension of one week, Dkt. 43. The Court finds that the Government's reason for the request, so as to provide the new administration with time to evaluate the important issues presented in this case, provides good reason for the full two week extension. The extension is thus granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/18/2021) (jca) (Entered: 02/18/2021)
2021-03-0345CONSENT LETTER MOTION for Extension of Time to continue the stay of the briefing schedule addressed to Judge Paul A. Engelmayer from Peter Aronoff dated 3/3/201. Document filed by Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 03/03/2021)
2021-03-0446ORDER granting 45 CONSENT LETTER MOTION for Extension of Time to continue the stay of the briefing schedule. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/4/2021) (jca) (Entered: 03/04/2021)
2021-03-1747LETTER MOTION for Extension of Time to finalize processing addressed to Judge Paul A. Engelmayer from Natasha W. Teleanu dated 3/17/2021. Document filed by Office of the Director of National Intelligence..(Teleanu, Natasha) (Entered: 03/17/2021)
2021-03-1748ORDER granting 47 LETTER MOTION for Extension of Time to finalize processing. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/17/2021) (jca) (Entered: 03/17/2021)
2021-03-2949PROPOSED SCHEDULING ORDER. Document filed by Office of the Director of National Intelligence..(Teleanu, Natasha) (Entered: 03/29/2021)
2021-03-3050SCHEDULING ORDER: NOW, THEREFORE, the parties to this action have agreed to the following briefing schedule for renewed cross-motions for summary judgment: 1. ODNI shall file a renewed motion for summary judgment regarding the redacted NICM by May 5, 2021; 2. OSJI shall file a renewed cross-motion for summary judgment and opposition to ODNI's motion by June 2, 2021; 3. ODNI shall file an opposition and any reply brief by June 23, 2021; 4. OSJI shall file any reply brief by July 14, 2021. SO ORDERED. (Motions due by 5/5/2021. Cross Motions due by 6/2/2021. Responses due by 6/23/2021 Replies due by 7/14/2021.) (Signed by Judge Paul A. Engelmayer on 3/30/21) (yv) (Entered: 03/31/2021)
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