Case Detail

FOIA Project Annotation: Concluding that he was bound to defer to the Justice Department's assertions concerning whether or not it could confirm or deny the existence of Foreign Intelligence Surveillance Court orders pertaining to the collection of non-telecommunications data, a federal court judge in New York has expressed unusually strong skepticism of the government's other claims, characterizing them as opportunistic. Finding the agency's arguments frequently contradicted previous claims, Judge William Pauley observed that "the Government's arguments bear the hallmarks of opportunistic rummaging rather than a coherent strategy." The case was brought by the ACLU, which requested DOJ records on the government's interpretation of Section 215 of the Patriot Act. The records overlapped with a FOIA request submitted by the New York Times for a report to Congress from the Attorney General and the Director of National Intelligence concerning the government's use of Section 215. After that document was leaked, the Second Circuit ultimately ruled that the government had waived any legal privilege through public acknowledgment and ordered the government to disclose the legal analysis from the original Office of Legal Counsel memo. As a result, the remainder of the ACLU's litigation came down to disclosure of FISC Orders interpreting Section 215. The agency had initially claimed that no portions of the FISC Orders could be disclosed. But after the Snowden disclosures resulted in substantial declassification of records including those pertaining to the NSA's bulk data collection, the plaintiff in other FOIA litigation seeking similar FISC Orders was able to demonstrate that sensitive classified information could be redacted from the orders while still providing meaningful information. Pauley explained that "the withheld document concerned the Government's violations of an earlier FISC order. The Government could have redacted it to conceal the existence of a bulk collection program, the NSA's involvement, and the type of information collected by the Government, but still reveal that the Government acted 'in a manner that appeared to the Court to be directly contrary' to a previous court order'" and that the FISC had considered taking action against those persons responsible for the misrepresentations. Pauley noted that "these are by no means 'unintelligible sentences and phrases that are devoid of any meaning." The government had previously insisted that because of its rules and regulations, FISC records were not available under FOIA. However, it now claimed it became aware in September 2013 that FISC orders were subject to FOIA. But the ACLU pointed out that when it requested records in 2007 directly from the FISC, the government argued that it had to proceed under FOIA. Pauley observed that "the Government appears to have been dissembling in 2012 when it argued 'the rules and procedures of the FISC restrict the Government from disclosing FISC records.' The same inference could be drawn from the Government's current argument that it did not know until June 2013 that there was no restriction on FOIA releases of FISC documents." The government's current argument was that disclosure of the FISC orders would contain NSA markings that would reveal that agency's involvement with Section 215, a classified fact at that time. But Pauley explained that "this obscure argument is particularly elusive. Fortunately, it need not be addressed. It is enough that by advancing incorrect and inconsistent arguments, the Government acted without the candor this Court expects from it." Pauley summarized his concerns, pointing out that "these developments give this Court pause. The Government's argument that it believed until June 2013 that FISC orders could not be produced in response to FOIA requests strains credulity. Its assertion on the initial summary judgment motion that segregating non-exempt information in FISC orders would leave only 'unintelligible sentences and phrases' was incorrect. And it then failed to produce or list on the Vaughn index three documents which the Government had disclosed elsewhere. These inconsistencies shake this Court's confidence in the Government's submissions. The deference the Government ordinarily receives in FOIA cases is rooted largely in the courts' trust that the Government will comply with its statutory obligations. That compliance is not apparent here." He concluded the government's Glomar response for records pertaining to FISC orders dealing with other types of data collection was justified, but he noted that "because this Court has little faith in the Government's segregability determinations, the other documents in the Government's Vaughn index must be submitted for in camera review." He observed in a footnote that a federal court in California had already upheld similar claims, but only after conducting an in camera review. Although it was technically unclear whether the government had intended to invoke a Glomar response for the non-telecommunications collection FISC orders, Pauley found it was justified under Exemption 3 (other statutes) because it qualified as "sources or methods" under the National Security Act. The ACLU questioned whether acknowledging the existence of non-telecommunications metadata bulk collection programs would reveal sources or methods. Finding that it could, Pauley indicated the ACLU was taking too narrow a view. He explained that "assuming for a moment that the Government is not engaging in the bulk collection of anything but telephone records, it is entitled to keep that factâ€"its lack of additional sources or methodsâ€"classified. To acknowledge that would alert potential adversaries that they need not be concerned about bulk collection of other types of information, negating that deterrent effect of not knowing whether the Government is watching or listening. But if the Government is collecting other information in bulk, knowing that could permit a sophisticated adversary, together with disparate other pieces of information, to make an educated guess as to what the Government is doing. A sophisticated adversary could determine what type of information the intelligence community would likely be interested in collecting in bulk and what types of information could in fact be easily collected. Admitting the existence of other bulk collection programs could permit these adversaries to predict the Government's activities and evade them."
Issues: Agency Record, Determination - Glomar response

Date Filed	Doc #	Docket Text
2011-10-26	1	COMPLAINT against Federal Bureau of Investigation, United States Department of Justice. (Filing Fee $ 350.00, Receipt Number 465401020156)Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(rdz) (rdz). (Entered: 10/27/2011)
2011-10-26		SUMMONS ISSUED as to Federal Bureau of Investigation, United States Department of Justice. (rdz) (Entered: 10/27/2011)
2011-10-26		CASE REFERRED TO Judge William H. Pauley as possibly related to 11-cv-6990. (rdz) (Entered: 10/27/2011)
2011-10-26		Case Designated ECF. (rdz) (Entered: 10/27/2011)
2011-10-26	2	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(rdz) (Entered: 10/27/2011)
2011-11-01	3	AFFIDAVIT OF SERVICE of Summons and Complaint. Federal Bureau of Investigation served on 10/27/2011, answer due 11/17/2011. Service was accepted by Henry Felix-General Counsel & Authorized Agent. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union. (Haddad, Richard) (Entered: 11/01/2011)
2011-11-01	4	AFFIDAVIT OF SERVICE of Summons and Complaint. United States Department of Justice served on 10/27/2011, answer due 11/17/2011. Service was accepted by Steffon Edmonds-Mail Clerk & Authorized Agent. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union. (Haddad, Richard) (Entered: 11/01/2011)
2011-11-01	5	AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by "Jane Doe", Civil Clerk and authorized agent for service of process upon US ATTORNEY for the SDNY. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (Haddad, Richard) (Entered: 11/01/2011)
2011-11-09		CASE ACCEPTED AS RELATED. Create association to 1:11-cv-06990-WHP. Notice of Assignment to follow. (pgu) (Entered: 11/09/2011)
2011-11-09	6	NOTICE OF CASE ASSIGNMENT to Judge William H. Pauley, III. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 11/09/2011)
2011-11-09		Magistrate Judge James L. Cott is so designated. (pgu) (Entered: 11/09/2011)
2011-11-21	7	SCHEDULING ORDER: (1) The Government's brief in support of its motion for summary judgment in 11 Civ. 6990 and in support of its motion for partial summary judgment in 11 Civ. 7562 shall be filed by February 1, 2012; (2) The New York Times' brief in support of its motion for summary judgment in 11 Civ. 6990 and the ACLU's brief in support of its motion for partial summary judgment in 11 Civ. 7562 shall be filed by February 24, 2012; Oral Argument set for 4/20/2012 at 11:00 AM before Judge William H. Pauley III. Status Report due by 1/13/2012. (3) The Government's reply shall be filed by March 16, 2012; (4) This Court will hear oral argument on April 20, 2012, at 11:00 a.m.; and (5) The parties in 11 Civ. 7562 shall submit a joint status report to the Court by January 13, 2012 or earlier. (Signed by Judge William H. Pauley, III on 11/18/2011) (ae) (Entered: 11/21/2011)
2011-11-29	8	ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 11/23/2011 re: I write respectfully to request a one-week extension-from November 28, 2011 to December 5, 2011-of the Government's time to file an answer in the above-referenced case. ENDORSEMENT: Application granted. Federal Bureau of Investigation answer due 12/5/2011; United States Department of Justice answer due 12/5/2011. (Signed by Judge William H. Pauley, III on 11/29/2011) (lmb) (Entered: 11/29/2011)
2011-12-05	9	ANSWER to 1 Complaint. Document filed by Federal Bureau of Investigation, United States Department of Justice.(Clopper, John) (Entered: 12/05/2011)
2011-12-09	10	STIPULATION AND ORDER REGARDING FOIA REQUEST: Plaintiffs the American Civil Liberties Union and the American Civil Liberties Union Foundation and defendants Federal Bureau of Investigation and United States Department of Justice hereby stipulate to the following regarding plaintiffs' request made pursuant to the Freedom of Information Act, dated May 31, 2011 and subject to the above-captioned action: The FOIA Request is minted to documents memorializing the following: Legal opinions or memoranda concerning or interpreting Section 215 of the USA Patriot Act; Guidelines for government personnel regarding the use of Section 215; as further set forth in this Stipulation and Order. (Signed by Judge William H. Pauley, III on 12/9/2011) (mro) (Entered: 12/12/2011)
2012-01-19	11	ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 1/13/2012 re: The Government requests a one-week extension of time to provide an additional report to the Court regarding the status of the Government's searches for responsive records. ENDORSEMENT: Application granted. So ordered. (Signed by Judge William H. Pauley, III on 1/18/2012) (rjm) (Entered: 01/19/2012)
2012-01-27	12	ENDORSED LETTER addressed to Judge William H Pauley from John D Clopper dated 1/26/2012 re: Request for the briefing schedule as set forth. ENDORSEMENT: Application granted. The proposed schedule is adopted. (NY Times and ACLUS Cross Motions due by 3/9/2012. Governement's Motion due by 2/22/2012. Government Reply due by 4/6/2012.) (Signed by Judge William H. Pauley, III on 1/27/2012) (cd) (Entered: 01/30/2012)
2012-02-07	13	ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 2/1/2012 re: I write respectfully to inform the Court of an error in the Government's January 26, 2012 letter requesting an extension of the briefing schedule in these related cases. I respectfully request that the Court approve the corrected dates, as set forth.ENDORSEMENT: Application granted. The Court adopts the revised scheduled above. ( Cross Motions due by 3/16/2012., Motions due by 2/22/2012., Replies due by 4/6/2012.) (Signed by Judge William H. Pauley, III on 2/6/2012) (lmb) (Entered: 02/07/2012)
2012-02-27	14	MOTION for Partial Summary Judgment. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 02/27/2012)
2012-02-27	15	MEMORANDUM OF LAW in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 02/27/2012)
2012-02-27	16	DECLARATION of Mark A. Bradley in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 02/27/2012)
2012-02-27	17	NOTICE of Filing of Classified Document re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 02/27/2012)
2012-03-06	18	ENDORSED LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated 3/2/201 re: counsel writes to request permission to file a corrected copy of the Unclassified Declaration of Mark A. Bradley on ECF. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 3/5/2012) (djc) Modified on 3/14/2012 (djc). (Entered: 03/06/2012)
2012-03-07	19	DECLARATION of Mark A. Bradley (Corrected) in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 03/07/2012)
2012-03-20	20	ENDORSED LETTER addressed to Judge William H. Pauley, III from Emily Daughtry dated 3/14/12 re: Counsel writes to request an extension of the Federal Bureau of Investigation's time to complete its processing of documents responsive to plaintiff American Civil Liberties Union's FOIA request in the above-referenced case, with a second interim production to be made on 4/15/12 and a final production to be made on 5/15/12. ENDORSEMENT: Application granted. So ordered. (Signed by Judge William H. Pauley, III on 3/19/2012) (mro) (Entered: 03/20/2012)
2012-03-20	21	ENDORSED LETTER addressed to Judge William H. Pauley, III from Alexander A. Abdo dated 3/16/12 re: Counsel requests a five day extension, from 3/21/12 to 3/26/12, for plaintiffs to file their briefs in support of their cross-motions for summary judgment. ENDORSEMENT: Application granted. So ordered. (Signed by Judge William H. Pauley, III on 3/19/2012) (mro) (Entered: 03/20/2012)
2012-03-22	22	ENDORSED LETTER: addressed to Judge William H. Pauley from John D. Clopper and Emily E. Daughtry dated 3/22/2012 re: Counsel writes to clarify that, subject to the Court's approval, the parties have agreed that the Government's reply brief in the above referenced cases would be due on Monday, April 16, 2012, not Friday, April 13, 2012. ENDORSEMENT: Application Granted. So Ordered., ( Replies due by 4/16/2012.) (Signed by Judge William H. Pauley, III on 3/22/2012) (js) (Entered: 03/23/2012)
2012-03-26	23	CROSS MOTION for Partial Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Haddad, Richard) (Entered: 03/26/2012)
2012-03-26	24	MEMORANDUM OF LAW in Support re: 23 CROSS MOTION for Partial Summary Judgment., 14 MOTION for Partial Summary Judgment. Memorandum of Law in Support of Plaintiffs' Cross-Motion for Partial Summary Judgment and in Opposition to the Government's Motion for Partial Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Haddad, Richard) (Entered: 03/26/2012)
2012-04-17	25	SCHEDULING ORDER: Oral argument is rescheduled to May 4, 2012 at 10:30 a.m. (Signed by Judge William H. Pauley, III on 4/16/2012) (mro) (Entered: 04/17/2012)
2012-04-17	26	ENDORSED LETTER addressed to Judge William H. Pauley III from John D. Clopper and Emily Daughtry dated 4/12/12 re: Counsel requests a one week extension, from 4/16/12 to 4/23/12, for the Government to file its reply brief. ENDORSEMENT: Application granted. So ordered. ( Replies due by 4/23/2012.) (Signed by Judge William H. Pauley, III on 4/16/2012) (mro) (Entered: 04/17/2012)
2012-04-23	27	REPLY MEMORANDUM OF LAW in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Clopper, John) (Entered: 04/23/2012)
2012-04-23	28	REPLY AFFIDAVIT of Mark Bradley in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Clopper, John) (Entered: 04/23/2012)
2012-05-07	29	NOTICE of Withdrawal of Richard I. Haddad. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Haddad, Richard) (Entered: 05/07/2012)
2012-05-07	30	NOTICE OF APPEARANCE by Stuart Andrew Youngs on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation (Youngs, Stuart) (Entered: 05/07/2012)
2012-05-09		Letter addressed to Judge William H. Pauley from Emily Daughtry dated 5/8/2012 re: I write respectfully to respond to the Court's request, made at oral argument on May 4, 2012, that the Government submit a letter to the Court providing information as to whether there are written policies regarding the referral of classified information located in response to Freedom of Information Act ("FOIA") requests to the Department of Justice's Department Review Committee ("DRC"), and the subsequent withdrawal of such referrals from the DRC at the onset of FOIA litigation. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Original filed in 11cv6990 as document #25.)(lmb) (Entered: 05/09/2012)
2012-05-17	31	MEMORANDUM AND ORDER: For the foregoing reasons, the New York Times' motion for summary judgment and the ACLU's motion for partial summary judgment are denied. The Government's motions for summary judgment in the New York Times action and for partial summary judgment in the ACLU action are granted.The Clerk of the Court is directed to file this Memorandum & Order in both 11 Civ. 6990 and 11 Civ. 7562. The Clerk of the Court is further directed to terminate all pending motions in 11 Civ. 6990 and mark that case closed, and to terminate the motions pending at ECF Nos. 14 and 23 in 11 Civ. 7562.. (Signed by Judge William H. Pauley, III on 5/17/2012) (js) (Entered: 05/17/2012)
2012-06-19	32	SCHEDULING ORDER: The parties are directed to appear for a Status Conference set for 7/9/2012 at 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 6/18/2012) (djc) (Entered: 06/19/2012)
2012-07-09		Minute Entry for proceedings held before Judge William H. Pauley, III: Status Conference held on 7/9/2012 at 11:00 a.m. (ja) (Entered: 09/06/2012)
2012-07-11	33	SCHEDULING ORDER: Counsel for the parties having appeared for a conference on July 9,2012, the following schedule is established on consent: The parties shall submit a proposed case management schedule to the Court by July 20,2012; The parties shall submit a joint status report to the Court by September 27,2012; and The parties are directed to appear for a status conference on October 5, 2012 at 10:00 a.m. SO ORDERED.Status Conference set for 10/5/2012 at 10:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 7/10/2012) (ama) (Entered: 07/11/2012)
2012-07-25	34	ENDORSED LETTER addressed to Judge William H. Pauley from John D. Clopper dated 7/20/2012 re: On behalf of both parties to propose a schedule for the Government to provide certain information to the American Civil Liberties Union("ACLU") regarding certain documents withheld by the Government pursuant to various exemptions of the Freedom of Information Act ("FOIA") in the above-referenced case. ENDORSEMENT: Application Granted. The Proposed schedule is adopted. SO ORDERED. (Signed by Judge William H. Pauley, III on 7/24/2012) (ama) (Entered: 07/25/2012)
2012-10-05	35	ENDORSED LETTER addressed to Judge William H. Pauley, III from Stuart A. Youngs dated 9/27/2012 re: We write on behalf of both parties pursuant to Your Honor's July 10, 2012 scheduling order to submit a joint status report on the above-captioned matter. In light of the following, we also write to respectfully request a one-month adjournment of the parties' status conference that is currently scheduled for October 5, 2012 at 10:00 a.m. ENDORSEMENT: Application granted. The Conference is rescheduled from October 5, 2012 to November 9, 2012 at 12:00 p.m. (Signed by Judge William H. Pauley, III on 10/4/2012) (djc) Modified on 10/5/2012 (djc). (Entered: 10/05/2012)
2012-10-05		Set/Reset Hearings: Status Conference set for 11/9/2012 at 12:00 PM before Judge William H. Pauley III. (djc) (Entered: 10/05/2012)
2012-11-14	36	ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 11/07/2012 re: I write respectfully On behalf of all parties to request an adjournment of the status conference currently scheduled tor Friday, November 9, 2012. Accordingly, the parties respectfully request that the Court reschedule the conference for Friday, November 30, 2012. ENDORSEMENT: Application Granted. The Conference is rescheduled to November 30, 2012 at 10:00 a.m. SO ORDERED., ( Status Conference set for 11/30/2012 at 10:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 11/14/2012) (ama) (Entered: 11/14/2012)
2012-11-30		Minute Entry for proceedings held before Judge William H. Pauley, III: Status Conference held on 11/30/2012. (mro) (Entered: 01/15/2013)
2012-12-03	37	SCHEDULING ORDER: The following schedule is established on consent. Defendants shall serve and file their motion for summary judgment by January 18, 2013; Plaintiffs shall serve and file their motion for summary judgment and their opposition to Defendants' motion by February 8, 2013; Defendants shall serve and file their opposition to Plaintiffs' motion and any reply by March 1, 2013; Plaintiffs shall serve and file any reply by March 15, 2013; and Motions due by 1/18/2013. Motions due by 2/8/2013. Responses due by 3/1/2013. Replies due by 3/15/2013. Oral Argument set for 4/12/2013 at 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 11/30/2012) (ja) (Entered: 12/03/2012)
2013-01-24	38	ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper and Emily Daughtry dated 1/16/2013 re: Defense counsels write to respectfully request a two-week extension from January 18, 2013 to February 1, 2013 for the Government to file its motion for summary judgment in the above-referenced case.The Government's brief in support of its motion for summary judgment shall be filed by February 1, 2013; The ACLU's brief in opposition to Government's motion and in support of its cross-motion for summary judgment shall be filed by March 1, 2013; The ACLU's reply brief shall be filed by April 5, 2013. The Government's reply in support of its motion for summary judgment and in opposition to the ACLU's cross-motion shall be filed by March 22, 2013; ENDORSEMENT: Application granted. The proposed revised schedule is adopted. This Court will hear oral argument on April 26, 2013 at 12:00 p.m. ( Responses due by 3/1/2013, Replies due by 2/22/2013.), ( Oral Argument set for 4/26/2013 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 1/24/2013) (ago) (Entered: 01/24/2013)
2013-02-04	39	ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper and Emily Daughtry dated 1/30/2013 re: We write to request an additional one-week extension - from February 1, 2013 to February 8, 2013 - for the Government to file its motion for summary judgment in this case. If the Court grants the Government's request, the new schedule will be as follows: (1) The Government's brief in support of its motion for summary judgment shall befiled by February 8, 2013; (2) The ACLU's brief in opposition to the Government's motion and in support of its cross-motion for summary judgment shall be filed by March 8, 2013; (3) The Government's reply in support of its motion for summary judgment and in opposition to the ACLU's cross-motion shall be filed by March 22, 2013; (4) The ACLU's reply brief shall be filed by April 5, 2013. ENDORSEMENT: Application granted. The proposed revised schedule is adopted. (Responses due by 3/8/2013, Replies due by 4/5/2013.) (Signed by Judge William H. Pauley, III on 2/4/2013) (ft) (Entered: 02/04/2013)
2013-02-08	40	MOTION for Summary Judgment. Document filed by Federal Bureau of Investigation, United States Department of Justice. Responses due by 3/8/2013(Clopper, John) (Entered: 02/08/2013)
2013-02-08	41	MEMORANDUM OF LAW in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)
2013-02-08	42	NOTICE of Classified Filing re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)
2013-02-08	43	DECLARATION of Mark Bradley in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)
2013-02-08	44	DECLARATION of Vanessa Brinkmann in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)
2013-02-08	45	DECLARATION of Emily E. Daughtry in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)
2013-02-08	46	DECLARATION of Paul P. Colborn in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)
2013-02-08	47	DECLARATION of David Hardy in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)
2013-02-22	48	NOTICE of Withdrawal Of Stuart A. Youngs. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Youngs, Stuart) (Entered: 02/22/2013)
2013-03-07	49	ENDORSED LETTER addressed to Judge William H. Pauley III from Charles S. Sims, Esq. dated 2/25/2013 re: Plaintiffs respectfully request an extension of the briefing schedule. The Plaintiffs require additional time to complete their briefing due to the withdrawal of Stuart Youngs. Plaintiffs therefore request an extension as follows: (1) Plaintiffs' cross-motion for summary judgment and opposition to Defendants' motion for summary judgment shall be filed by 4/5/2013. (2) Defendants' opposition to Plaintiffs' cross-motion, and any replyin support of its motion for summary judgment, shall be filed by 4/26/2013. (3)Plaintiffs' reply brief shall be filed by 5/17/2013.ENDORSEMENT: Application granted. The proposed revised schedule is adopted. Oral argument is rescheduled to 5/31/2013 at 2:00 p.m. (Signed by Judge William H. Pauley, III on 3/7/2013) (sac) (Entered: 03/07/2013)
2013-03-12	50	ENDORSED LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated 3/7/2013 re: We write respectfully to request leave to file the Supplemental Declaration of Mark A. Bradley (the "Supplemental Bradley Declaration"), dated March 7, 2013, in support of the Government's motion for summary judgment in the above-referenced case, filed on February 8, 2013. ENDORSEMENT: Application granted. So ordered. (Signed by Judge William H. Pauley, III on 3/12/2013) (rjm) Modified on 3/12/2013 (rjm). (Entered: 03/12/2013)
2013-03-12	51	DECLARATION of Mark A. Bradley (Supplemental) in Support re: 40 MOTION for Summary Judgment.. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 03/12/2013)
2013-03-18	52	MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF STUART A. YOUNGS. Please withdraw the appearance of Stuart A Youngs as counsel of record for Plaintiffs American Civil Liberties Union and American Civil Liberties Union Foundation. Plaintiffs will continue to be represented by other attorneys at Proskauer Rose LLP who have appearances on file. ENDORSEMENT: So ordered. Attorney Stuart Andrew Youngs terminated. (Signed by Judge William H. Pauley, III on 3/18/2013). (rjm) (Entered: 03/18/2013)
2013-04-12	53	ENDORSED LETTER addressed to Judge William H. Pauley, III from Charles S. Sims dated 3/29/2013 re: Plaintiffs request an extension of the briefing schedule: Plaintiffs' cross-motion for summary judgment and opposition to Defendants' motion for summary judgment shall be filed by May 3, 2013. Defendants' opposition to Plaintiffs' cross-motion, and any reply in support of its motion for summary judgment, shall be filed by May 23, 2013. Plaintiffs' reply brief shall be filed by June 7, 2013. ENDORSEMENT: Application granted. The proposed revised schedule is adopted. Oral argument is rescheduled to June 21, 2013 at 12:15 p.m. (Oral Argument set for 6/21/2013 at 12:15 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 4/12/2013) (sac) Modified on 4/15/2013 (sac). (Entered: 04/12/2013)
2013-04-24	54	ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 4/22/2013 re: We write respectfully to request leave to file a supplemental declaration and index and limited additional briefing, no later than this Friday, April 26, 2013, in support of the Government's motion for summary judgment in the above-referenced case. I have spoken with counsel for the ACLU, who consents to this request, provided that the ACLU's due date for its brief be extended by one week, to May 10, 2013 (with the caveat that the ACLU may seek a short additional extension, depending on the nature of the Government's briefing). ENDORSEMENT: Application granted. So ordered. (Signed by Judge William H. Pauley, III on 4/24/2013). (rjm) (Entered: 04/24/2013)
2013-04-24		Set/Reset Deadlines: Brief due by 5/10/2013. (rjm) (Entered: 04/24/2013)
2013-04-26	55	DECLARATION of Mark A. Bradley in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C)(Clopper, John) (Entered: 04/26/2013)
2013-04-26	56	SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 04/26/2013)
2013-04-26	57	NOTICE of Supplemental Classified Filing re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 04/26/2013)
2013-05-10	58	CROSS MOTION for Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Sims, Charles) (Entered: 05/10/2013)
2013-05-10	59	MEMORANDUM OF LAW in Opposition re: 58 CROSS MOTION for Summary Judgment., 40 MOTION for Summary Judgment. Plaintiffs' Memorandum of Law In Support of Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Sims, Charles) (Entered: 05/10/2013)
2013-05-10	60	DECLARATION of Charles S. Sims in Opposition re: 40 MOTION for Summary Judgment.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1-2)(Sims, Charles) (Entered: 05/10/2013)
2013-05-22	61	ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 5/21/2013 re: We write respectfully to request a three-week extension-from May 23, 2013 to June 13, 2013-for the Government to file its opposition to the ACLU's cross-motion for summary judgment in the above-referenced case. ENDORSEMENT: Application granted. Oral argument is rescheduled to July 11, 2013 at 10 a.m.. SO ORDERED. ( Responses due by 6/13/2013, Replies due by 6/13/2013.), ( Oral Argument set for 7/11/2013 at 10:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 5/22/2013) (rdz) (Entered: 05/23/2013)
2013-06-10	62	ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 6/7/2013 re: We write respectfully in regard to the above-referenced case brought pursuant to the Freedom of Information Act ("FOIA") to request that the Court hold the parties' cross-motions for summary judgment in abeyance while the Government assesses the effect, if any, of certain recent events on this case. The Government proposes that the parties file a status report with the Court within 30 days. ENDORSEMENT: Application granted. The parties are directed to submit a status report within 30 days. So ordered. (Signed by Judge William H. Pauley, III on 6/7/2013). (rjm) (Entered: 06/10/2013)
2013-07-22	63	SCHEDULING ORDER: On June 10, 2013, this Court agreed to hold the parties' motions for summary judgment in abeyance pending Defendant's assessment of the effect on recent events on this action. Attached to this Order is a joint letter from the parties stating their respective positions on the appropriate next steps in this case. The Court will address this issue at the conference scheduled for July 25, 2013 at 12:00 p.m. before Judge William H. Pauley III in the related matter of ACLU v. Clapper, 13 Civ. 3994. (Signed by Judge William H. Pauley, III on 7/19/2013) (mro) (Entered: 07/22/2013)
2013-07-31	64	NOTICE of Classified Filing. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 07/31/2013)
2013-07-31	65	TRANSCRIPT of Proceedings re: CONFERENCE held on 7/25/2013 before Judge William H. Pauley, III. Court Reporter/Transcriber: Tara Jones, (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 8/26/2013. Redacted Transcript Deadline set for 9/6/2013. Release of Transcript Restriction set for 11/1/2013.(Rodriguez, Somari) (Entered: 07/31/2013)
2013-07-31	66	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/25/13 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...(Rodriguez, Somari) (Entered: 07/31/2013)
2013-08-02	67	ORDER: The Court therefore adopts the following schedule: 1. The Government's reply in support of its motion for summary judgment and its opposition to the ACLU's motion for summary judgment is due September 10, 2013; 2. The ACLU's reply brief is due October 3, 2013; 3. The Court will hear oral argument on October 11, 2013 at 3:00 p.m. In the event the Government declassifies additional documents at issue in this litigation, this Court directs the Government to provide copies to the Court and the ACLU forthwith. (Responses due by 9/10/2013 Replies due by 10/3/2013. Oral Argument set for 10/11/2013 at 03:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/2/2013) (mro) (Entered: 08/02/2013)
2013-08-11	68	LETTER addressed to Judge William H. Pauley III from John D. Clopper and Emily Daughtry dated 7/25/2013 re: Counsel writes to inform the Court that the Government learned of the ACLU's July 16, 2013, letter to the Court yesterday evening after the close of business. Document filed by Federal Bureau of Investigation, United States Department of Justice.(ft) Modified on 8/16/2013 (ft). (mro). (Entered: 08/16/2013)
2013-08-11	69	LETTER addressed to Judge William H. Pauley III from John D. Clopper and Emily Daughtry dated 7/26/2013 re: Counsel writes in response to the ACLU's letter of July 16, 2013. Document filed by Federal Bureau of Investigation, United States Department of Justice.(ft) (mro). (Entered: 08/16/2013)
2013-08-11	70	LETTER addressed to Judge William H. Pauley III from Jameel Jafer dated 7/29/2013 re: The Court should require the government to conclude its declassification review of the withheld FISC opinions by August 12 and its review of the remainder of the documents by September 12. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(ft) (Entered: 08/16/2013)
2013-08-11	73	LETTER addressed to Judge William H. Pauley III from Jacqueline Coleman Snead dated 7/16/2013 re: Plaintiffs write to call the Court's attention to an order recently issued by the U.S. District Court for the District of Columbia in another FOIA suit. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(ft) (Entered: 08/19/2013)
2013-08-16	71	ORDER withdrawing 40 Motion for Summary Judgment; withdrawing 58 Motion for Summary Judgment. The parties' summary judgment motions are withdrawn. The Clerk of Court is directed to strike the motions pending at docket entries 40 & 58. The Government will review the Foreign Intelligence Surveillance Court (FISC) Opinions at issue and release any segreable information not exempt under FOIA by September 10, 2013. The Government will review a second tranche of documents and release any segreable information not exempt under FOIA by October 10, 2013. The Government will review the remaining documents at issue, excluding the FISC orders in the final row of the Government's Vaughn index, and release any segreable information not exempt under FOIA by 10/31/2013. The parties will submit a status report to the Court by 11/8/2013. (Signed by Judge William H. Pauley, III on 8/16/2013) (tro) (Entered: 08/16/2013)
2013-08-19	72	LETTER addressed to Judge William H. Pauley, III from Emily Daughtry dated 8/6/13 re: In accordance with the Court's August 2, 2013, Order, the Government is providing the Court with copies of two documents that are responsive to the ACLU's FOIA request in the above-referenced case, as well as associated cover letters to Congress. They were provided to the ACLU on July 31, 2013. The Government has completed its declassification review of these two documents. (mro) (Entered: 08/19/2013)
2013-09-12	74	LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated September 12, 2013 re: Order of August 2, 2013. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 09/12/2013)
2013-10-01	75	STANDING ORDER M10-468: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding. (Signed by Judge Loretta A. Preska on 10/1/2013) ***Original Standing Order docketed in case no. 1:13-mc-00334-LAP, document no. 2 on 10/1/2013.***(tro) (Entered: 10/01/2013)
2013-11-25	76	LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated November 25, 2013 re: Status Report. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 11/25/2013)
2013-11-26	77	MEMO ENDORSEMENT on re: 76 Letter filed by United States Department of Justice. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 11/26/2013) (tro) (Entered: 11/26/2013)
2013-11-26	78	LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated November 26, 2013 re: Order of August 2, 2013. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 11/26/2013)
2013-12-06	79	LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated December 6, 2013 re: status report. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 12/06/2013)
2013-12-17	80	MEMO ENDORSEMENT on re: 79 Letter filed by United States Department of Justice. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 12/17/2013) (mro) (Entered: 12/17/2013)
2014-01-31	81	LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated January 31, 2014 re: status report. Document filed by Federal Bureau of Investigation, United States Department of Justice.(Daughtry, Emily) (Entered: 01/31/2014)
2014-03-11	82	ORDER: The following schedule is established on consent: (1) The Government will file its motion for summary judgment by April 4, 2014; (2) The ACLU will file its opposition to the Government's motion and its own motion for summary judgment by May 2, 2014; (3) The Government will file its reply and opposition brief by May 30, 2014; (4) The ACLU will file its reply brief by June 13, 2014; (5) This Court will hear oral argument on June 20, 2014 at 2:00 p.m., ( Motions due by 5/2/2014., Responses due by 5/30/2014,, Replies due by 6/13/2014.), ( Oral Argument set for 6/20/2014 at 02:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/11/2014) (lmb) (Entered: 03/11/2014)
2014-03-12	83	NOTICE OF APPEARANCE by Patrick Christopher Toomey on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 03/12/2014)
2014-04-04	84	MOTION for Summary Judgment. Document filed by Federal Bureau of Investigation, United States Department of Justice. Responses due by 5/2/2014(Clopper, John) (Entered: 04/04/2014)
2014-04-04	85	MEMORANDUM OF LAW in Support re: 84 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 04/04/2014)
2014-04-04	86	DECLARATION of John D. Clopper in Support re: 84 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 04/04/2014)
2014-04-04	87	DECLARATION of Jennifer L. Hudson in Support re: 84 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Exhibit Vaughn Index)(Clopper, John) (Entered: 04/04/2014)
2014-04-04	88	NOTICE of Classified Filing re: 84 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 04/04/2014)
2014-05-01	89	NOTICE OF APPEARANCE by Brett Max Kaufman on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Kaufman, Brett) (Entered: 05/01/2014)
2014-05-02	90	CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Sims, Charles) (Entered: 05/02/2014)
2014-05-02	91	MEMORANDUM OF LAW in Support re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment ., 84 MOTION for Summary Judgment. Plaintiffs' Memorandum of Law in Support of Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Sims, Charles) (Entered: 05/02/2014)
2014-05-02	92	DECLARATION of Charles S. Sims in Support re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1 to Sims Declaration, # 2 Exhibit 2 to Sims Declaration, # 3 Exhibit 3 to Sims Declaration, # 4 Exhibit 4 to Sims Declaration, # 5 Exhibit 5 to Sims Declaration)(Sims, Charles) (Entered: 05/02/2014)
2014-05-20	93	LETTER MOTION to Adjourn Conference addressed to Judge William H. Pauley, III from Emily E. Daughtry dated May 20, 2014. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 05/20/2014)
2014-05-23	94	ORDER granting 93 Letter Motion to Adjourn Conference. Application granted. The argument is adjourned to 7/18/2014 at 12 pm. Oral Argument set for 7/28/2014 at 12:00 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 5/23/2014) (cd) (Entered: 05/23/2014)
2014-05-30	95	MEMORANDUM OF LAW in Opposition re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment . . Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 05/30/2014)
2014-05-30	96	DECLARATION of Jennifer L. Hudson in Opposition re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment .. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 05/30/2014)
2014-05-30	97	DECLARATION of Diane M. Janosek in Opposition re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment .. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 05/30/2014)
2014-06-13	98	REPLY MEMORANDUM OF LAW in Support re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Sims, Charles) (Entered: 06/13/2014)
2014-06-13	99	DECLARATION of Charles S. Sims in Support re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1 to Sims Declaration, # 2 Exhibit s 2-A, 2-B to Sims Declaration, # 3 Exhibit 3 to Sims Declaration, # 4 Exhibit 4 to Sims Declaration, # 5 Exhibit 5 to Sims Declaration, # 6 Exhibit 6 to Sims Declaration, # 7 Exhibit 7 to Sims Declaration, # 8 Exhibit 8 to Sims Declaration)(Sims, Charles) (Entered: 06/13/2014)
2014-06-13	100	LETTER addressed to Judge William H. Pauley, III from Charles S. Sims dated 6/13/14 re: Pursuant to Rule III(F). Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Sims, Charles) (Entered: 06/13/2014)
2014-07-09	101	LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated July 9, 2014 re: info regarding supplemental release. Document filed by United States Department of Justice. (Attachments: # 1 Exhibit BR 09-09, # 2 Exhibit BR 09-15, # 3 Exhibit BR 09-19)(Daughtry, Emily) (Entered: 07/09/2014)
2014-07-11	102	LETTER addressed to Judge William H. Pauley, III from Patrick Toomey dated July 11, 2014 re: supplemental release of responsive records. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 07/11/2014)
2014-07-21	103	LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated July 21, 2014 re: June 2013 FISC Opinion. Document filed by United States Department of Justice. (Attachments: # 1 June 2013 FISC Opinion)(Daughtry, Emily) (Entered: 07/21/2014)
2014-07-22	104	LETTER addressed to Judge William H. Pauley, III from Patrick Toomey dated July 22, 2014 re: June 2013 FISC Opinion. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 07/22/2014)
2014-08-13	105	TRANSCRIPT of Proceedings re: ARGUMENT held on 7/18/2014 before Judge William H. Pauley, III. Court Reporter/Transcriber: Kristen Carannante, (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 9/8/2014. Redacted Transcript Deadline set for 9/18/2014. Release of Transcript Restriction set for 11/17/2014.(McGuirk, Kelly) (Entered: 08/13/2014)
2014-08-13	106	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 7/18/2014 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: 08/13/2014)
2014-08-15	107	LETTER addressed to Judge William H. Pauley, III from John Clopper dated August 15, 2014 re: Supplemental Authority. Document filed by Federal Bureau of Investigation, United States Department of Justice.(Clopper, John) (Entered: 08/15/2014)
2014-08-19	108	LETTER addressed to Judge William H. Pauley, III from Patrick Toomey dated August 19, 2014 re: supplemental authority. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 08/19/2014)
2014-09-05	109	NOTICE of of Withdrawal of Brett Max Kaufman. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Kaufman, Brett) (Entered: 09/05/2014)
2014-10-06	110	MEMORANDUM AND ORDER. For the reasons in this Memorandum and Order, the Government's motion for summary judgment is granted and the ACLU's motion is denied with respect to the Government's Glomar response for responsive documents, if any, relating solely to the use of section 215 for bulk collection of information other than telephony metadata. The Government is directed to submit the remaining documents for in camera review by October 17, 2014. The Government is invited to make a further submission either reconsidering its determinations and proposing redactions or providing further support as to why these documents should be withheld in full. Any ruling on the remainder of the summary judgment motions is deferred pending this Court's review. Granting in part 84 Motion for Summary Judgment; Denying in part 90 Motion for Summary Judgment. (Signed by Judge William H. Pauley, III on 10/6/2014) (rjm) (Entered: 10/06/2014)
2014-10-16	111	LETTER MOTION for Extension of Time addressed to Judge William H. Pauley, III from John Clopper dated October 16, 2014. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 10/16/2014)
2014-10-17	112	ORDER granting 111 Letter Motion for Extension of Time. Application granted. (Signed by Judge William H. Pauley, III on 10/17/2014) (mro) (Entered: 10/20/2014)
2014-10-24	113	SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 84 MOTION for Summary Judgment. . Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 10/24/2014)
2014-10-24	114	NOTICE of Classified Filing. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 10/24/2014)
2014-10-24	115	DECLARATION of Diane M. Janosek in Support re: 84 MOTION for Summary Judgment.. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 10/24/2014)
2014-10-29	116	RESPONSE in Opposition to Motion re: 84 MOTION for Summary Judgment. and Defendants' Supplemental Memorandum of Law . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 10/29/2014)
2015-03-31	117	MEMORANDUM & ORDER: For the foregoing reasons, this Court concludes that the Government may withhold the documents listed on its Vaughn index and any further information about them, under Exemptions 1 and 3 of FOIA. Accordingly, the remainder of the Government's summary judgment motion is granted and the ACLU's motion for summary judgment is denied. The Clerk of the Court is directed to terminate all pending motions and mark this case as closed. (Signed by Judge William H. Pauley, III on 3/31/2015) (mro) (Entered: 03/31/2015)
2015-03-31		Transmission to Judgments and Orders Clerk. Transmitted re: 117 Order,,, to the Judgments and Orders Clerk. (mro) (Entered: 03/31/2015)
2015-03-31	118	CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum & Order dated March 31, 2015, for the foregoing reasons, this Court concludes that the Government may withhold the documents listed on its Vaughn index and any further information about them, under Exemptions 1 and 3 of FOIA. Accordingly, the remainder of the Government's summary judgment motion is granted and the ACLU's motion for summary judgment is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/31/2015) (Attachments: # 1 Right to Appeal Attachment part 1, # 2 Right to Appeal Attachment part 2)(mro) (Entered: 03/31/2015)
2015-03-31		Terminate Transcript Deadlines (mro) (Entered: 03/31/2015)
Hide Docket Events