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Case TitlePROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03657
Date Filed2020-12-14
Date Closed2022-09-19
JudgeChief Judge Beryl A. Howell
PlaintiffPROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.
Case DescriptionThe Project for Privacy and Surveillance Accountability submitted FOIA requests to the Department of Justice, the Office of the Director of National Intelligence, the National Security Agency, the CIA, and the Department of State for records concerning requests for unmasking or upstreaming, including requests for former members of congressional intelligence committees. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, the Project for Privacy and Surveillance Accountability filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantOFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
DefendantNATIONAL SECURITY AGENCY
DefendantCENTRAL INTELLIGENCE AGENCY
DefendantUNITED STATES DEPARTMENT OF STATE
AppealD.C. Circuit 22-5303
Documents
Docket
Complaint
Complaint attachment 1
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Complaint attachment 31
Complaint attachment 32
Complaint attachment 33
Complaint attachment 34
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-141COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-7954972) filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit Z, # 28 Summons U.S. Attorney General, # 29 Summons U.S. Attorney for D.C., # 30 Summons U.S. Department of Justice, # 31 Summons Office of the Director of National Intelligence, # 32 Summons National Security Agency, # 33 Summons Central Intelligence Agency, # 34 Summons U.S. Department of State)(Schaerr, Gene) (Entered: 12/14/2020)
2020-12-14NOTICE OF ERROR re 1 Complaint; emailed to gschaerr@schaerr-jaffe.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer. (adh, ) (Entered: 12/14/2020)
2020-12-142ERRATA Complaint by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. 1 Complaint,,, filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Schaerr, Gene) (Entered: 12/14/2020)
2020-12-14Case Assigned to Chief Judge Beryl A. Howell. (zsb) (Entered: 12/14/2020)
2020-12-153STANDING ORDER. Signed by Chief Judge Beryl A. Howell on December 15, 2020. (lcbah3) (Entered: 12/15/2020)
2020-12-164SUMMONS (7) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 12/16/2020)
2021-03-315LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. (Schaerr, Gene) Modified docket event/text on 4/1/2021 (eg). (Entered: 03/31/2021)
2021-03-316RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 3/11/2021; NATIONAL SECURITY AGENCY served on 3/10/2021; OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE served on 3/11/2021; PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. served on 3/31/2021; UNITED STATES DEPARTMENT OF JUSTICE served on 3/10/2021; UNITED STATES DEPARTMENT OF STATE served on 3/29/2021 (Schaerr, Gene) (Entered: 03/31/2021)
2021-04-067Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 04/06/2021)
2021-04-21MINUTE ORDER (paperless) GRANTING the defendants' 7 Consent Motion for Extension of Time to Answer or Otherwise Respond to the Complaint and DIRECTING defendants to file an answer or otherwise respond to plaintiff's 1 Complaint by May 10, 2021. Signed by Chief Judge Beryl A. Howell on April 21, 2021. (lcbah3) (Entered: 04/21/2021)
2021-04-22Set/Reset Deadlines: Answer to the Complaint due by 5/10/2021. (ztg) (Entered: 04/22/2021)
2021-05-108ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE.(Simon, Jeremy) (Entered: 05/10/2021)
2021-05-249Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 05/24/2021)
2021-05-24MINUTE ORDER (paperless) ISSUING, in light of the parties' 9 Joint Status Report, the following SCHEDULING ORDER to control the timing of further proceedings in this matter: (1) by July 29, 2021, the defendants shall file their motion for summary judgment; (2) by September 7, 2021, the plaintiff shall file its combined opposition and cross-motion for summary judgment; (3) by October 5, 2021, the defendants shall file their combined opposition and reply; and (4) by November 4, 2021, the plaintiff shall file its reply. Signed by Chief Judge Beryl A. Howell on May 24, 2021. (lcbah3) (Entered: 05/24/2021)
2021-05-25Set/Reset Deadlines: Summary judgment motion due by 7/29/2021; cross-motion and opposition to motion for summary judgment due by 9/7/2021; opposition to cross-motion and reply to opposition to motion for summary judgment due by 10/5/2021; reply to opposition to cross-motion due by 11/4/2021. (ztg) (Entered: 05/25/2021)
2021-07-2610Consent MOTION for Extension of Time to File Motion for Summary Judgment and for a Corresponding Adjustment of the Remaining Deadlines in the Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/26/2021)
2021-07-28MINUTE ORDER (paperless) MODIFYING, upon consideration of defendants' 10 Consent Motion for Extension of Time to File Motion for Summary Judgment and for a Corresponding Adjustment to the Remaining Deadlines in the Briefing Schedule, the Court's May 24, 2021 SCHEDULING ORDER as follows: (1) by September 1, 2021, the defendants shall file their motion for summary judgment; (2) by October 11, 2021, the plaintiff shall file its combined opposition and cross-motion for summary judgment; (3) by November 8, 2021, the defendants shall file their combined opposition and reply; and (4) by December 8, 2021, the plaintiff shall file its reply. Signed by Chief Judge Beryl A. Howell on July 28, 2021. (lcbah3) (Entered: 07/28/2021)
2021-07-28Set/Reset Deadlines: Summary Judgment motion due by 9/1/2021; cross-motion and opposition to motion for summary judgment due by 10/11/2021; opposition to cross-motion and reply to opposition to motion for summary judgment due by 11/8/2021; reply to opposition to cross-motion due by 12/8/2021. (ztg) (Entered: 07/28/2021)
2021-09-0111MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Proposed Order, # 2 Declaration of Linda M. Kiyosaki, # 3 Declaration of Vanna Blaine, # 4 Declaration of Michael G. Seidel, # 5 Declaration of Patrick N. Findlay, # 6 Declaration of Victor Raphael, # 7 Declaration of Gregory M. Koch)(Simon, Jeremy) (Entered: 09/01/2021)
2021-10-0512Consent MOTION for Extension of Time to File Pltfs Opp & Cross-Mot for SJ & Adj Rem Deadlines by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 10/05/2021)
2021-10-05MINUTE ORDER (paperless) GRANTING plaintiff's 12 Consent Motion for Extension of Time to File Plaintiff's Opposition and Cross-Motion for Summary Judgment and Corresponding Adjustments to Remaining Deadlines and MODIFYING the scheduling order issued May 24, 2021, as follows: (1) by November 10, 2021, plaintiff shall file its cross-motion for summary judgment and opposition to defendant's 11 Motion for Summary Judgment; (2) by December 9, 2021, defendants shall file their opposition to plaintiff's cross-motion for summary judgment and reply in support of defendants' motion for summary judgment; and (3) by January 10, 2022, plaintiff shall file its reply in support of its cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on October 5, 2021. (lcbah3) (Entered: 10/05/2021)
2021-10-05Set/Reset Deadlines: Plaintiff's cross-motion and opposition to the motion for summary judgment due by 11/10/2021. Defendant's opposition to plaintiff's cross-motion for summary judgment and reply in support of defendants' motion for summary judgment due by 12/9/2021. Plaintiff's reply in support of its cross-motion for summary judgment due by 1/10/2022.(hmc) (Entered: 10/05/2021)
2021-11-0913NOTICE of Appearance by Brian J. Field on behalf of All Plaintiffs (Field, Brian) (Entered: 11/09/2021)
2021-11-1014Memorandum in opposition to re 11 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum with Local Rule 7(h) Statement and Supporting Memorandum filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Exhibit 1-1992 Memo, # 2 Exhibit 2-2013 Memo, # 3 Exhibit 3-The Release, # 4 Exhibit 4-2017 Annex, # 5 Exhibit 5-ICD 112, # 6 Exhibit 6-IG Report, # 7 Exhibit 7-CIA Memo, # 8 Exhibit 8-Grenell Disclosure, # 9 Exhibit 9-Grenell Letter, # 10 Text of Proposed Order)(Schaerr, Gene) (Entered: 11/10/2021)
2021-11-1015Cross MOTION for Summary Judgment with Local Rule 7(h) Statement and Supporting Memorandum by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Exhibit 1-1992 Memo, # 2 Exhibit 2-2013 Memo, # 3 Exhibit 3-The Release, # 4 Exhibit 4-2017 Annex, # 5 Exhibit 5-ICD 112, # 6 Exhibit 6-IG Report, # 7 Exhibit 7-CIA Memo, # 8 Exhibit 8-Grenell Disclosure, # 9 Exhibit 9-Grenell Letter, # 10 Text of Proposed Order)(Schaerr, Gene) (Entered: 11/10/2021)
2021-12-0116Consent MOTION for Extension of Time to File Reply and Opposition and for Corresponding Adjustment of Remaining Deadline in Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 12/01/2021)
2021-12-02MINUTE ORDER (paperless) GRANTING defendants' 16 Consent Motion for Extension of Time to File Opposition and Reply and for a Corresponding Adjustment to the Remaining Deadline in the Briefing Schedule, and MODIFYING the scheduling order issued May 24, 2021, as follows: (1) by January 13, 2022, defendants shall file their opposition to plaintiff's 15 cross-motion for summary judgment and reply in support of defendants' 11 motion for summary judgment; and by February 15, 2022, plaintiff shall file its reply in support of its cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on December 2, 2021. (lcbah3) (Entered: 12/02/2021)
2021-12-03Set/Reset Deadlines: Opposition to Cross Motion and reply to opposition to motion for summary judgement due by 1/13/2022; reply to opposition to cross-motion due by 2/15/2022. (ztg) (Entered: 12/03/2021)
2022-01-1317Memorandum in opposition to re 15 Cross MOTION for Summary Judgment with Local Rule 7(h) Statement and Supporting Memorandum filed by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Proposed Order, # 2 Supplemental Declaration of Michael Seidel)(Simon, Jeremy) (Entered: 01/13/2022)
2022-01-1318REPLY to opposition to motion re 11 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum (duplicate of docket entry number 17) filed by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Proposed Order, # 2 Supplemental Declaration of Michael Seidel)(Simon, Jeremy) (Entered: 01/13/2022)
2022-02-0419Consent MOTION for Leave to File Supplemental Findlay Declaration by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order, # 2 Supplemental Findlay Declaration)(Simon, Jeremy) (Entered: 02/04/2022)
2022-02-08MINUTE ORDER (paperless) GRANTING defendants' 19 Consent Motion for Leave to File Supplemental Findlay Declaration, and DIRECTING the Clerk of Court to docket the [19-2] Supplemental Declaration of Patrick N. Findlay, attached to defendants' 19 Motion, in support of 11 Defendants' Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on February 8, 2022. (lcbah3) (Entered: 02/08/2022)
2022-02-0820Supplemental DECLARATION by UNITED STATES DEPARTMENT OF JUSTICE re 11 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, NATIONAL SECURITY AGENCY, CENTRAL INTELLIGENCE AGENCY, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (zeg) (Entered: 02/11/2022)
2022-02-1521REPLY to opposition to motion re 15 Cross MOTION for Summary Judgment, and in Support of Cross Motion for Summary Judgment filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Schaerr, Gene) Modified docket link on 2/17/2022 (zeg). (Entered: 02/15/2022)
2022-09-1922ORDER GRANTING defendants' 11 Motion for Summary Judgment and DENYING plaintiff's 15 Cross-Motion for Summary Judgment. See Order for further details. Signed by Chief Judge Beryl A. Howell on September 19, 2022. (lcbah3) (Entered: 09/19/2022)
2022-09-1923MEMORANDUM OPINION regarding defendants' 11 Motion for Summary Judgment and plaintiff's 15 Cross-Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on September 19, 2022. (lcbah3) Modified to correct document type on 9/21/2022 (ztg). (Entered: 09/19/2022)
2022-11-1824NOTICE OF APPEAL TO DC CIRCUIT COURT as to 22 Order on Motion for Summary Judgment, 23 Order on Motion for Summary Judgment, by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. Filing fee $ 505, receipt number ADCDC-9683357. Fee Status: Fee Paid. Parties have been notified. (Schaerr, Gene) (Entered: 11/18/2022)
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