Case Detail

FOIA Project Annotation: Judge Colleen Kollar-Kotelly ruled that the CIA has sufficiently justified its invocation of both the CIA Act and the National Security Act to withhold information from Stephen Whitaker under Exemption 3 (other statutes) concerning the death of his father in a plane crash in Spain and a subsequent request for how the agency processed his original request. Kollar-Kotelly had ruled in her first decision that the CIA Act protected the functions of CIA personnel but not the functions of the CIA itself. She had told the agency that if it wanted to continue to invoke the CIA Act it had to show how the withholdings related to agency personnel. This time the agency explained that disclosure of the information being withheld would lead to the identification of agency personnel. Kollar-Kotelly pointed out that "this Court has previously observed that 'the names of its employees, personal identifiers, official titles, file numbers, and internal organizational data' would all appear to be information relating to CIA personnel that would properly be withheld under the statute.'" As to its use of the National Security Act, Kollar-Kotelly had previously told the agency that FOIA processing material did not qualify as intelligence sources and methods. This time she was satisfied by the agency's explanation. She pointed out that "the CIA has stated that the document processing materials either themselves discuss intelligence sources and methods or contain information that would reveal intelligence sources and methods which the CIA has sought to protect through its Glomar response." Kollar-Kotelly also dismissed the State Department from Whitaker's suit after finding that it had released the only document it found as the result of a further search she had ordered the agency to conduct.
Issues: Adequacy - Search, Exemption 3 - Statutory prohibition of disclosure

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that the CIA has sufficiently justified its invocation of both the CIA Act and the National Security Act to withhold information from Stephen Whitaker under Exemption 3 (other statutes) concerning the death of his father in a plane crash in Spain and a subsequent request for how the agency processed his original request. Kollar-Kotelly had ruled in her first decision that the CIA Act protected the functions of CIA personnel but not the functions of the CIA itself. She had told the agency that if it wanted to continue to invoke the CIA Act it had to show how the withholdings related to agency personnel. This time the agency explained that disclosure of the information being withheld would lead to the identification of agency personnel. Kollar-Kotelly pointed out that "this Court has previously observed that 'the names of its employees, personal identifiers, official titles, file numbers, and internal organizational data' would all appear to be information relating to CIA personnel that would properly be withheld under the statute.'" As to its use of the National Security Act, Kollar-Kotelly had previously told the agency that FOIA processing material did not qualify as intelligence sources and methods. This time she was satisfied by the agency's explanation. She pointed out that "the CIA has stated that the document processing materials either themselves discuss intelligence sources and methods or contain information that would reveal intelligence sources and methods which the CIA has sought to protect through its Glomar response." Kollar-Kotelly also dismissed the State Department from Whitaker's suit after finding that it had released the only document it found as the result of a further search she had ordered the agency to conduct.
Issues: Exemption 3 - Limited agency discretion

Date Filed	Doc #	Docket Text
2012-02-27	1	COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE ( Filing fee $ 350, receipt number 4616046293) filed by STEPHEN WHITAKER. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 02/28/2012)
2012-02-27		SUMMONS (5) Issued as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 02/28/2012)
2012-03-28	2	NOTICE of Appearance by Mitchell P. Zeff on behalf of All Defendants (Zeff, Mitchell) (Entered: 03/28/2012)
2012-03-28	3	Consent MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Zeff, Mitchell) (Entered: 03/28/2012)
2012-03-28		MINUTE ORDER granting 3 Defendants' Consent Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. Accordingly, Defendants shall have until and including June 4, 2012, to Answer or Otherwise Respond to Plaintiff's Complaint. Set/Reset Deadlines: Answer due by 6/4/2012. Signed by Judge Colleen Kollar-Kotelly on March 28, 2012. (SM) (Entered: 03/28/2012)
2012-05-24	4	Consent MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Zeff, Mitchell) (Entered: 05/24/2012)
2012-05-25		MINUTE ORDER granting 4 Defendants' Consent Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. Accordingly, Defendants shall have until and including July 9, 2012, to file a response to Plaintiff's compliant. The Court notes that the two extensions total approximately three months. NO FURTHER EXTENSIONS. Set/Reset Deadline: Answer due by 7/9/2012. Signed by Judge Colleen Kollar-Kotelly on May 25, 2012. (SM) (Entered: 05/25/2012)
2012-07-09	5	MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Text of Proposed Order)(Zeff, Mitchell) (Exhibits sealed per counsel) (Entered: 07/09/2012)
2012-07-10	6	NOTICE OF FILING REDACTED DOCUMENT to 5 MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Zeff, Mitchell) (Entered: 07/10/2012)
2012-07-25	7	Consent MOTION for Extension of Time to File Response/Reply as to 5 MOTION for Summary Judgment by STEPHEN WHITAKER (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/25/2012)
2012-07-25		MINUTE ORDER granting 7 Plaintiff's Consent Motion for Extension of Time to File Opposition to Defendants' Motion for Summary Judgment. Accordingly, Plaintiff shall have until and including August 9, 2012, to file his opposition. Set/Reset Deadline: Response to Motion for Summary Judgment due by 8/9/2012. Signed by Judge Colleen Kollar-Kotelly on July 25, 2012. (SM) (Entered: 07/25/2012)
2012-08-05	8	Consent MOTION for Extension of Time to File Response/Reply as to 5 MOTION for Summary Judgment by STEPHEN WHITAKER (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/05/2012)
2012-08-14		MINUTE ORDER granting nunc pro tunc 8 Plaintiff's Consent Motion for Extension of Time to File Response to Defendants' Motion for Summary Judgment. Accordingly, Plaintiff shall have until and including September 11, 2012, to file his Response. Set/Reset Deadlines: Response to Motion for Summary Judgment due by 9/11/2012. Signed by Judge Colleen Kollar-Kotelly on August 14, 2012. (SM) (Entered: 08/14/2012)
2012-09-09	9	Consent MOTION for Extension of Time to File Response/Reply as to 5 MOTION for Summary Judgment by STEPHEN WHITAKER (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/09/2012)
2012-09-17		MINUTE ORDER (paperless). Plaintiff's 9 Consent Motion for Enlargement of Time to File His Opposition to Defendants' Motion for Summary Judgment is GRANTED nunc pro tunc. Plaintiff shall have to and including SEPTEMBER 25, 2012 to file his opposition to Defendants' 5 Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on September 17, 2012. (lcckk3) (Entered: 09/17/2012)
2012-09-17		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 9/25/2012. (dot ) (Entered: 09/18/2012)
2012-09-25	10	Consent MOTION for Extension of Time to File Response/Reply as to 5 MOTION for Summary Judgment by STEPHEN WHITAKER (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/25/2012)
2012-09-26	11	ERRATA by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Attachments: # 1 Exhibit)(Zeff, Mitchell) (Entered: 09/26/2012)
2012-09-26		MINUTE ORDER granting 10 Plaintiff's Consent Motion for Extension of Time to File His Opposition to Defendants' Motion for Summary Judgment. Accordingly, Plaintiff shall have until and including October 2, 2012, to file his Opposition to Defendants' Motion for Summary Judgment. Set/Reset Deadline: Response due by 10/2/2012. Signed by Judge Colleen Kollar-Kotelly on September 26, 2012. (SM) (Entered: 09/26/2012)
2012-09-27		Set/Reset Deadlines: Plaintiff's Opposition to Defendants' Motion for Summary Judgment due by 10/2/2012 (tcb) (Entered: 09/27/2012)
2012-10-02	12	Memorandum in opposition to re 5 MOTION for Summary Judgment filed by STEPHEN WHITAKER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/03/2012)
2012-10-03	13	ENTERED IN ERROR.....ERRATA by STEPHEN WHITAKER 12 Memorandum in Opposition, filed by STEPHEN WHITAKER. (Attachments: # 1 Exhibit - Corrected memorandum)(McClanahan, Kelly) Modified on 10/3/2012 (znmw, ). (Entered: 10/03/2012)
2012-10-03	14	ERRATA by STEPHEN WHITAKER 12 Memorandum in Opposition, filed by STEPHEN WHITAKER. (Attachments: # 1 Exhibit - Corrected memorandum)(McClanahan, Kelly) (Entered: 10/03/2012)
2012-10-03		NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 13 Errata was entered in error at the request of counsel and has been refiled as Docket Entry 14 Errata. (znmw, ) (Entered: 10/03/2012)
2012-10-10	15	Consent MOTION for Extension of Time to File Reply by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Zeff, Mitchell) (Entered: 10/10/2012)
2012-10-11		MINUTE ORDER granting 15 Defendants' Consent Motion for Extension of Time to File Reply. Defendants shall have until and including October 26, 2012, to file their reply in support of Defendants' motion for summary judgment. Set/Reset Deadline: Reply to Motion for Summary Judgment due by 10/26/2012. Signed by Judge Colleen Kollar-Kotelly on October 11, 2012. (SM) (Entered: 10/11/2012)
2012-10-26	16	MOTION for Extension of Time to File Reply Brief by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Zeff, Mitchell) (Entered: 10/26/2012)
2012-10-26	17	Consent MOTION for Extension of Time to File Reply (Corrected) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Zeff, Mitchell) (Entered: 10/26/2012)
2012-10-31		MINUTE ORDER granting Defendants U.S. Department of State, the Central Intelligence Agency, and the U.S. Department of Defense's 17 Consent Motion for Extension of Time to File Reply. Defendants shall have until and including NOVEMBER 2, 2012 to file their reply in support of Defendants' motion for summary judgment. Signed by Judge Colleen Kollar-Kotelly on October 31, 2012. (lcckk1) (Entered: 10/31/2012)
2012-11-01	18	Consent MOTION for Extension of Time to File Reply by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Zeff, Mitchell) (Entered: 11/01/2012)
2012-11-01		MINUTE ORDER granting Defendants U.S. Department of State, the Central Intelligence Agency, and the U.S. Department of Defense's 18 Consent Motion for Extension of Time to File Reply. Defendants shall have until and including NOVEMBER 7, 2012 to file their reply in support of Defendants' motion for summary judgment. Signed by Judge Colleen Kollar-Kotelly on November 1, 2012. (SM) (Entered: 11/01/2012)
2012-11-07	19	MOTION for Extension of Time to File Reply by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Zeff, Mitchell) (Entered: 11/07/2012)
2012-11-08	20	REPLY re 5 Memorandum in Support of Defendants' Motion for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE. (Attachments: # 1 Exhibit)(Zeff, Mitchell) Modified to add link on 11/9/2012 (znmw, ). (Entered: 11/08/2012)
2012-11-08		MINUTE ORDER (paperless). Upon consideration of Defendants' 19 Motion for Extension of Time to File Reply, the Defendants' motion is GRANTED nunc pro tunc. Defendants' 20 Reply in Support of Defendants' Motion for Summary Judgment, which was filed on November 8, 2012, is deemed to be timely filed. Signed by Judge Colleen Kollar-Kotelly on November 8, 2012. (lcckk1) (Entered: 11/08/2012)
2013-08-18	21	NOTICE OF SUPPLEMENTAL AUTHORITY by STEPHEN WHITAKER (McClanahan, Kelly) (Entered: 08/18/2013)
2014-03-04		MINUTE ORDER (paperless). Upon consideration of the filings regarding Defendants' 5 Motion for Summary Judgment, the Court requests that by no later than 12:00 PM on MARCH 7, 2014, Defendants provide for in camera review Document PP8 referenced in the Declaration of Sheryl L. Walter, ECF No. [5-5] 55-56. Signed by Judge Colleen Kollar-Kotelly on March 4, 2014. (lcckk1) (Entered: 03/04/2014)
2014-03-06	22	SEALED DOCUMENT filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE(This document is SEALED and only available to authorized persons.)(Zeff, Mitchell) (Entered: 03/06/2014)
2014-03-06	23	NOTICE of Filing Document for In Camera Review by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Zeff, Mitchell) (Entered: 03/06/2014)
2014-03-10	24	ORDER GRANTING IN PART and DENYING IN PART Defendants' 5 Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on March 10, 2014. (lcckk1) (Entered: 03/10/2014)
2014-03-10	25	MEMORANDUM AND OPINION. Signed by Judge Colleen Kollar-Kotelly on March 10, 2014. (lcckk1) (Entered: 03/10/2014)
2014-03-11		Set/Reset Deadlines: Defendants shall file any renewed motion for summary judgment due by 6/10/2014. (tcb) (Entered: 03/11/2014)
2014-05-21	26	Consent MOTION for Extension of Time to File Renewed Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Zeff, Mitchell) (Entered: 05/21/2014)
2014-05-21	27	ORDER granting 26 Motion for Extension of Time to file renewed Summary Judgment motion due by 7/10/2014. Signed by Judge Colleen Kollar-Kotelly on 5/21/14. (dot ) (Entered: 05/22/2014)
2014-07-08	28	MOTION for Summary Judgment (Renewed) by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Zeff, Mitchell) (Entered: 07/08/2014)
2014-07-08		MINUTE ORDER (paperless). The Court is in receipt of Defendants' 28 Renewed Motion for Summary Judgment. Plaintiff shall file his opposition by no later than JULY 28, 2014. Defendants shall file their reply by no later than AUGUST 11, 2014. Signed by Judge Colleen Kollar-Kotelly on July 8, 2014. (lcckk1) (Entered: 07/08/2014)
2014-07-09		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 7/28/2014. Reply to Motion for Summary Judgment due by 8/11/2014. (zmm, ) (Entered: 07/09/2014)
2014-07-28	29	NOTICE of Non-Opposition by STEPHEN WHITAKER re 28 MOTION for Summary Judgment (Renewed) (McClanahan, Kelly) (Entered: 07/28/2014)
2014-08-15	30	ORDER GRANTING Defendants' 28 Renewed Motion for Summary Judgment. This action is DISMISSED WITH PREJUDICE. Signed by Judge Colleen Kollar-Kotelly on August 15, 2014. (lcckk1) (Entered: 08/15/2014)
2014-08-15	31	MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on August 15, 2014. (lcckk1) (Entered: 08/15/2014)
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