Case Detail

FOIA Project Annotation: A federal court in New York has ruled that while a number of claims made by the Department of Justice and the Department of Defense under Exemption 5 (privileges) pertaining to records referred to in the Senate torture report are appropriate, others are not. Perhaps Judge Alvin Hellerstein's most intriguing conclusion is that the majority ruling in National Security Archive v. CIA, 752 F.3d 460 (D.C. Cir. 2014), finding that a draft history of the Bay of Pigs was protected by the deliberative process privilege, is unconvincing and that Circuit Judge Judith Rogers' dissent is more persuasive. The case involved a suit brought by the ACLU against DOD, DOJ, the Department of State, and the CIA for records referenced in the Senate torture report. By the time Hellerstein ruled, only 19 documents were still at issue. Although the government claimed Exemption 1 (national security) and Exemption 3 (other statutes) as well, the ACLU focused its challenge on the Exemption 5 claims, contesting the Exemption 1 and Exemption 3 claims only for a single document. After finding two email exchanges were protected by the attorney-client privilege and the deliberative process privilege, Hellerstein found that while the next two documents were protected by the deliberative process privilege, they did not fall within the attorney-client privilege even though they had involved agency attorneys. Hellerstein noted as to one cable that "the cable, however, which was authored by 'agency employees in the field,' is completely devoid of any request for legal advice. The requested policy guidance was operational and logistical in nature, not legal." Another email exchange dealt with the waterboarding of Abu Zubaydah. Hellerstein rejected the government's privilege claims for this exchange, noting that "it is public knowledge that the CIA adopted a policy of waterboarding Zubaydah." He added that "the email appearing on the first page of [the document] is not pre-decisional; it is the decision itself." The government withheld a draft report entitled "Summary and Undated Reflections of Chief of Medical Services on OMS Participation in [the interrogation] Program" under Exemption 5 as well as Exemption 1 and 3. Hellerstein first ruled that the government had failed to explain what portions of the document were classified. As to its privilege claims, the government primarily relied on the fact that the draft contained the reflections of one individual and did not constitute government policy. But Hellerstein pointed out that "a government employee's 'impressions' of past events are not deliberatively merely because they are unofficial or personal to the author, absent some non-peripheral connection to an as-of-yet-made policy decision." The government argued that under National Security Archive v. CIA, the agency only needed to show that an apparent draft history was never finalized. Hellerstein rejected National Security Archive v. CIA's holding and embraced Roger's dissent instead. He observed that "in situations such as this, where no final version of a draft document exists, shielding the draft from disclosure does not serve the purpose of the deliberative process privilege because the public cannot scrutinize the draft against the final version."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Attorney-client privilege

Date Filed	Doc #	Docket Text
2015-11-25	1	COMPLAINT against Central Intelligence Agency, Department of Defense, Department of Justice, including its components the Office of Legal Counsel and Office of Information Policy, Department of State. (Filing Fee $ 400.00, Receipt Number 0208-11674060)Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit FOIA Request)(Ladin, Dror) (Entered: 11/25/2015)
2015-11-25	2	FILING ERROR - PDF ERROR CIVIL COVER SHEET filed. (Ladin, Dror) Modified on 11/30/2015 (pc). (Entered: 11/25/2015)
2015-11-25	3	RELATED CASE AFFIRMATION of Dror Ladin re: that this action be filed as related to 04 Civ. 4151. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Ladin, Dror) (Entered: 11/25/2015)
2015-11-25	4	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Ladin, Dror) (Entered: 11/25/2015)
2015-11-25	5	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Ladin, Dror) Modified on 11/30/2015 (pc). (Entered: 11/25/2015)
2015-11-25	6	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Justice, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Ladin, Dror) Modified on 11/30/2015 (pc). (Entered: 11/25/2015)
2015-11-25	7	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of State, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Ladin, Dror) Modified on 11/30/2015 (pc). (Entered: 11/25/2015)
2015-11-25	8	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Ladin, Dror) Modified on 11/30/2015 (pc). (Entered: 11/25/2015)
2015-11-30		***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Dror Ladin. The party information for the following party/parties has been modified: American Civil Liberties Union, American Civil Liberties Union Foundation, Department of Defense, Department of State, Department of Justice, including its components the Office of Legal Counsel and Office of Information Policy and Central Intelligence Agency. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly. (pc) (Entered: 11/30/2015)
2015-11-30		***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Dror Ladin to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil cover sheet does not have a signature (pc) (Entered: 11/30/2015)
2015-11-30		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pc) (Entered: 11/30/2015)
2015-11-30		Case Designated ECF. (pc) (Entered: 11/30/2015)
2015-11-30		CASE REFERRED TO Judge Alvin K. Hellerstein as possibly related to 04cv4151. (pc) (Entered: 11/30/2015)
2015-11-30	9	CIVIL COVER SHEET filed. (Ladin, Dror) (Entered: 11/30/2015)
2015-11-30		***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 5 Request for Issuance of Summons, 6 Request for Issuance of Summons, 7 Request for Issuance of Summons, 8 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Each defendant's name on the caption for each summons must be typed out completely. No acronyms. (pc) (Entered: 11/30/2015)
2015-12-01	10	FILING ERROR - DEFICIENT PLEADING -PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Ladin, Dror) Modified on 12/2/2015 (moh). (Entered: 12/01/2015)
2015-12-01	11	FILING ERROR - DEFICIENT PLEADING -PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Ladin, Dror) Modified on 12/2/2015 (moh). (Entered: 12/01/2015)
2015-12-01	12	FILING ERROR - DEFICIENT PLEADING -PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Justice, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Ladin, Dror) Modified on 12/2/2015 (moh). (Entered: 12/01/2015)
2015-12-01	13	FILING ERROR - DEFICIENT PLEADING -PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of State, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Ladin, Dror) Modified on 12/2/2015 (moh). (Entered: 12/01/2015)
2015-12-01	14	NOTICE OF APPEARANCE by Beth Haroules on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Haroules, Beth) (Entered: 12/01/2015)
2015-12-01	15	NOTICE OF APPEARANCE by Beth Haroules on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Haroules, Beth) (Entered: 12/01/2015)
2015-12-02		***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 10 Request for Issuance of Summons, 13 Request for Issuance of Summons, 12 Request for Issuance of Summons, 11 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the first named defendant must be listed on the caption followed by an "et al."; a rider should only be attached when the summons is serving multiple defendants. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (moh) (Entered: 12/02/2015)
2015-12-02		CASE ACCEPTED AS RELATED. Create association to 1:04-cv-04151-AKH. Notice of Assignment to follow. (wb) (Entered: 12/02/2015)
2015-12-02		NOTICE OF CASE ASSIGNMENT to Judge Alvin K. Hellerstein. Judge Unassigned is no longer assigned to the case. (wb) (Entered: 12/02/2015)
2015-12-02		Magistrate Judge Frank Maas is so designated. (wb) (Entered: 12/02/2015)
2015-12-02	16	REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense; Department of Justice; Department of State; Central Intelligence Agency, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Ladin, Dror) (Entered: 12/02/2015)
2015-12-03	17	ELECTRONIC SUMMONS ISSUED as to Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (rch) (Entered: 12/03/2015)
2015-12-30	18	AFFIDAVIT OF SERVICE. Department of Defense served on 12/9/2015, answer due 2/8/2016. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Ladin, Dror) (Entered: 12/30/2015)
2015-12-30	19	AFFIDAVIT OF SERVICE. Central Intelligence Agency served on 12/9/2015, answer due 2/8/2016. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Ladin, Dror) (Entered: 12/30/2015)
2015-12-30	20	AFFIDAVIT OF SERVICE. Department of Justice served on 12/9/2015, answer due 2/8/2016. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Ladin, Dror) (Entered: 12/30/2015)
2015-12-30	21	AFFIDAVIT OF SERVICE. Department of State served on 12/9/2015, answer due 2/8/2016. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Ladin, Dror) (Entered: 12/30/2015)
2015-12-30	22	AFFIDAVIT OF SERVICE. U.S. Attorney for the Southern District of New York served on 12/9/2015, answer due 2/8/2016. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Ladin, Dror) (Entered: 12/30/2015)
2015-12-30	23	AFFIDAVIT OF SERVICE. Attorney General of the United States served on 12/9/2015, answer due 2/8/2016. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Ladin, Dror) (Entered: 12/30/2015)
2016-01-15	24	NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of Attorney General of the United States, Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, U.S. Attorney for the Southern District of New York. (Normand, Sarah) (Entered: 01/15/2016)
2016-01-15	25	ANSWER to 1 Complaint,. Document filed by Attorney General of the United States, Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, U.S. Attorney for the Southern District of New York.(Normand, Sarah) (Entered: 01/15/2016)
2016-01-22	26	NOTICE OF APPEARANCE by Tara Marie La Morte on behalf of Attorney General of the United States, Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, U.S. Attorney for the Southern District of New York. (La Morte, Tara) (Entered: 01/22/2016)
2016-03-21	27	NOTICE OF APPEARANCE by Lawrence S. Lustberg on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Lustberg, Lawrence) (Entered: 03/21/2016)
2016-03-21	28	LETTER addressed to Judge Alvin K. Hellerstein from Lawrence S. Lustberg dated 03/21/2016 re: Scheduling. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Lustberg, Lawrence) (Entered: 03/21/2016)
2016-03-22	29	MEMO ENDORSEMENT on re: 28 Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation. ENDORSEMENT: So ordered. The conf. set for 3/25/16 is canceled. (Signed by Judge Alvin K. Hellerstein on 3/22/2016) (tn) (Entered: 03/22/2016)
2016-05-20	30	LETTER addressed to Judge Alvin K. Hellerstein from Tara M. La Morte dated May 20, 2016 re: Request for Extension of Time. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(La Morte, Tara) (Entered: 05/20/2016)
2016-05-23	31	MEMO ENDORSEMENT on re: 30 Letter, filed by Department of Defense, Department of State, Department of Justice, Central Intelligence Agency. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 5/23/2016) (cf) (Entered: 05/23/2016)
2016-06-10	32	LETTER addressed to Judge Alvin K. Hellerstein from Tara M. La Morte dated June 10, 2016 re: Request for Extension of Time Regarding Processing and Production of Two Documents. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(La Morte, Tara) (Entered: 06/10/2016)
2016-06-13	33	MEMO ENDORSEMENT on re: 32 Letter, filed by Department of Defense, Department of State, Department of Justice, Central Intelligence Agency. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 6/13/2016) (tn) (Entered: 06/13/2016)
2016-06-30	34	LETTER addressed to Judge Alvin K. Hellerstein from Tara M. La Morte dated June 30, 2016 re: Joint Proposed Briefing Schedule. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(La Morte, Tara) (Entered: 06/30/2016)
2016-07-01	35	MEMO ENDORSEMENT on re: 34 Letter, filed by Department of Defense, Department of State, Department of Justice, Central Intelligence Agency. ENDORSEMENT: Motions, if any, shall be filed according to the schedule set below. (Motions due by 9/19/2016., Responses due by 10/17/2016, Replies due by 11/9/2016.) (Signed by Judge Alvin K. Hellerstein on 7/1/2016) (cf) (Entered: 07/01/2016)
2016-07-22	36	LETTER addressed to Judge Alvin K. Hellerstein from Lawrence S. Lustberg dated 7/22/2016 re: Briefing Schedule. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Lustberg, Lawrence) (Entered: 07/22/2016)
2016-07-22	37	MEMO ENDORSEMENT on re: 36 Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation. ENDORSEMENT: Upon reconsideration, cross-motions are allowed, but with only three rounds of briefs. Submit proposed schedule. (Signed by Judge Alvin K. Hellerstein on 7/22/2016) (tn) (Entered: 07/22/2016)
2016-08-03	38	MEMO ENDORSEMENT on re: 36 Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation. ENDORSEMENT: Having reconsidered, I adhere to my previous order requiring a 3-sequence, rather than a 4-sequence schedule. If desired, a cross-motion can be deferred; it is not waived. (Signed by Judge Alvin K. Hellerstein on 8/2/2016) (mro) (Entered: 08/03/2016)
2016-08-31	39	MOTION for Jameel Jaffer to Withdraw as Attorney . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Jaffer, Jameel) (Entered: 08/31/2016)
2016-09-12	40	NOTICE OF APPEARANCE by Elizabeth Tulis on behalf of Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Tulis, Elizabeth) (Entered: 09/12/2016)
2016-09-12	41	LETTER MOTION for Extension of Time to File Motion for Summary Judgment addressed to Judge Alvin K. Hellerstein from Tara M. LaMorte, Sarah S. Normand, and Elizabeth Tulis dated September 12, 2016. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Tulis, Elizabeth) (Entered: 09/12/2016)
2016-09-14	42	ORDER granting 41 Letter Motion for Extension of Time to File Motion for Summary Judgment. So ordered. (Signed by Judge Alvin K. Hellerstein on 9/14/2016) (cla) (Entered: 09/14/2016)
2016-09-14		Set/Reset Deadlines: Motions due by 9/30/2016. Responses due by 10/28/2016 Replies due by 11/21/2016. (cla) (Entered: 09/14/2016)
2016-09-14	43	NOTICE OF APPEARANCE by Hina Shamsi on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Shamsi, Hina) (Entered: 09/14/2016)
2016-09-15	44	MEMO ENDORSEMENT granting 39 Motion to Withdraw as Attorney. ENDORSEMENT: So Ordered. Attorney Jameel Jaffer terminated. (Signed by Judge Alvin K. Hellerstein on 9/15/2016) (tn) (Entered: 09/15/2016)
2016-09-28	45	SECOND LETTER MOTION for Extension of Time to File Motion for Summary Judgment addressed to Judge Alvin K. Hellerstein from Tara M. La Morte dated 09/29/2016. Document filed by Attorney General of the United States, Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, U.S. Attorney for the Southern District of New York.(La Morte, Tara) (Entered: 09/28/2016)
2016-09-29	46	ORDER granting 45 Letter Motion for Extension of Time to File Motion for Summary Judgment. So Ordered. (Motions due by 10/14/2016.) (Signed by Judge Alvin K. Hellerstein on 9/28/2016) (cla) (Entered: 09/29/2016)
2016-09-29		Set/Reset Deadlines: Responses due by 11/11/2016, Replies due by 12/5/2016. (cla) (Entered: 09/29/2016)
2016-10-14	47	MOTION for Summary Judgment . Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. Responses due by 11/11/2016(La Morte, Tara) (Entered: 10/14/2016)
2016-10-14	48	DECLARATION of Antoinette B. Shiner in Support re: 47 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Index)(La Morte, Tara) (Entered: 10/14/2016)
2016-10-14	49	DECLARATION of Paul P. Colborn in Support re: 47 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(La Morte, Tara) (Entered: 10/14/2016)
2016-10-14	50	MEMORANDUM OF LAW in Support re: 47 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (La Morte, Tara) (Entered: 10/14/2016)
2016-10-14	51	NOTICE of Classified Filing re: 47 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (La Morte, Tara) (Entered: 10/14/2016)
2016-10-14	52	DECLARATION of Tara M. La Morte in Support re: 47 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (La Morte, Tara) (Entered: 10/14/2016)
2016-10-17	53	DECLARATION of LaMorte in Support re: 47 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit A-part 1, # 2 Exhibit A-part 2, # 3 Exhibit A-part 3, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G-part 1, # 10 Exhibit G-part 2, # 11 Exhibit G-part 3, # 12 Exhibit H, # 13 Exhibit I-part 1, # 14 Exhibit I-part 2, # 15 Exhibit I-part 3, # 16 Exhibit I-part 4, # 17 Exhibit I part 5, # 18 Exhibit I part 6, # 19 Exhibit I part 7, # 20 Exhibit J, # 21 Exhibit K, # 22 Exhibit L-part 1, # 23 Exhibit L-part 2, # 24 Exhibit L-part 3, # 25 Exhibit L-part 4, # 26 Exhibit L-part 5, # 27 Exhibit L-part 6, # 28 Exhibit L-part 7, # 29 Exhibit M)(Normand, Sarah) (Entered: 10/17/2016)
2016-10-18	54	LETTER addressed to Judge Alvin K. Hellerstein from AUSA Sarah S. Normand dated 10/18/2016 re: courtesy copies of Defendants' motion for summary judgment. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Table of Contents)(Normand, Sarah) (Entered: 10/18/2016)
2016-11-09	55	FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Alvin K. Hellerstein from Lawrence S. Lustberg dated November 9, 2016. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Lustberg, Lawrence) (Entered: 11/09/2016)
2016-11-09	56	ORDER granting 55 Letter Motion for Extension of Time to File Response/Reply. So Ordered. Responses due by 11/18/2016 Replies due by 12/12/2016. (Signed by Judge Alvin K. Hellerstein on 11/9/2016) (mro) (Entered: 11/09/2016)
2016-11-18	57	MEMORANDUM OF LAW in Opposition re: 47 MOTION for Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Ladin, Dror) (Entered: 11/18/2016)
2016-11-18	58	DECLARATION of Dror Ladin in Opposition re: 47 MOTION for Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Ladin, Dror) (Entered: 11/18/2016)
2016-11-28	59	ORDER PROPOSING PROCEDURE FOR RESOLVING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT: The court seeks advice of counsel how to conduct argument for defendants' motion for summary judgment, filed on October 14, 2016 (Dkt. No. 47). The supporting and opposition papers have been filed. Defendants' reply is due December 12, 2016. Oral argument will be held on January 23, 2017 at 10:00 a.m., and. continue throughout that day. Defendants have invoked a number of statutory exemptions to disclosure under FOIA. To determine whether defendants have carried their burden to show that the exemptions were properly invoked, I will have to understand how the propositions of law applicable to those exemptions apply to the specific documents that defendants seek to withhold or redact. To that end, I propose the following procedure: (as further set out in the order). The parties shall consult as to these proposed procedures and, by December 8, 2016, advise the court in a jointly written letter if the proposed procedures are acceptable, and if not, set out any objections, proposed modifications, or disagreements. In the event there is disagreement as to how to proceed, the court will resolve all outstanding issues regarding the procedure at a conference to be held on December 13, 2016 at 11:00 a.m. (Oral Argument set for 1/23/2017 at 10:00 AM before Judge Alvin K. Hellerstein., Status Conference set for 12/13/2016 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 11/28/2016) (cla) (Entered: 11/28/2016)
2016-12-06	60	LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Alvin K. Hellerstein from Elizabeth M. Tulis, Tara M. LaMorte, and Sarah S. Normand dated December 6, 2016. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Tulis, Elizabeth) (Entered: 12/06/2016)
2016-12-07	61	ORDER granting 60 Letter Motion for Extension of Time to File Response/Reply. So ordered. Replies due by 12/19/2016. (Signed by Judge Alvin K. Hellerstein on 12/7/2016) (cf) (Entered: 12/07/2016)
2016-12-08	62	LETTER addressed to Judge Alvin K. Hellerstein from AUSA Sarah Normand dated December 8, 2016 Document filed by Attorney General of the United States, Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, U.S. Attorney for the Southern District of New York.(Normand, Sarah) (Entered: 12/08/2016)
2016-12-13	63	ORDER Setting Hearing on Motion 47 MOTION for Summary Judgment . Having received the parties' comments and advice in response to my order dated November 28, 2016, the following procedures will be followed to help me resolve defendants' motion for summary judgment filed October 14, 2016 (ECF No. 47). 1. The motion will be argued January 23, 2017, at 10:00 a.m. in Courtroom 14D, 500 Pearl Street, New York, NY 10007. The courtroom will be open to the public and a verbatim transcript of the proceeding may be obtained by the public. 2. Immediately following argument, I will continue the proceeding in chambers. Defendants' counsel and persons participating with counsel shall attend and bring with them all documents in issue. I will inspect each document, question defendants' counsel as necessary to understand the claims and arguments of exemption, and rule as to each document. My law clerk will be present to assist me, but shall not see the documents. No others will be present. 3. A verbatim transcript of this portion of the proceeding will be made. The transcript will remain under seal, available only to defendants and to me, but subject to the following condition. The transcript shall remain sealed until defendants have had the opportunity to segregate that which should be made public from that which should remain under seal. Defendants shall endeavor to perform that segregation within 20 days following argument. I will then rule on defendants' proposal and order the disposition of the transcript. Disputed portions of the transcript shall remain under seal through prompt appeal and final determination. 4. Promptly following the in camera session, the public hearing will re-open to permit me to enter a summary order regarding such of the exempted documents, and portions thereof, that I may order defendants to disclose. (Motion Hearing set for 1/23/2017 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/13/2016) (cla) (Entered: 12/13/2016)
2016-12-15	64	LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Alvin K. Hellerstein from Elizabeth M. Tulis, Sarah S. Normand, and Tara M. LaMorte dated December 15, 2016. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Tulis, Elizabeth) (Entered: 12/15/2016)
2016-12-16	65	ORDER granting 64 Letter Motion for Extension of Time to File Response/Reply re 47 MOTION for Summary Judgment . Defendants' request to file its reply on January 6, 2017 is granted, as is Defendants' request to submit a supplemental public declaration. Following their review of the reply papers, plaintiffs are granted leave to request permission to file a surreply. SO ORDERED. (Replies due by 1/6/2017.) (Signed by Judge Alvin K. Hellerstein on 12/16/2016) (cla) (Entered: 12/16/2016)
2017-01-06	66	DECLARATION of Elizabeth Tulis in Support re: 47 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (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 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T)(Tulis, Elizabeth) (Entered: 01/06/2017)
2017-01-06	67	DECLARATION of Antoinette B. Shiner in Support re: 47 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit Amended Vaughn Index)(Tulis, Elizabeth) (Entered: 01/06/2017)
2017-01-06	68	REPLY MEMORANDUM OF LAW in Support re: 47 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Tulis, Elizabeth) (Entered: 01/06/2017)
2017-01-12	69	ORDER ADJOURNING ORAL ARGUMENT: Oral argument on defendants' motion for summary judgment is currently scheduled for January 23, 2017 at 10:00 a.m. However, Defendants' reply submission included a new declaration and a revised Vaughn Index, to which plaintiffs are entitled to respond. Plaintiffs' surreply shall be filed by February 1, 2017. The hearing will now be held on March 8, 2017 at 10:00 a.m. The procedures set out in my order dated December 13, 2016 (ECF No. 63) shall still apply. (Surreplies due by 2/1/2017., Oral Argument set for 3/8/2017 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 1/12/2017) (cla) (Entered: 01/12/2017)
2017-02-01	70	REPLY MEMORANDUM OF LAW in Opposition re: 47 MOTION for Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Ladin, Dror) (Entered: 02/01/2017)
2017-02-24	71	FIRST LETTER MOTION to Adjourn Conference Oral Argument on Motion for Summary Judgment addressed to Judge Alvin K. Hellerstein from Lawrence S. Lustberg dated February 24, 2017. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Lustberg, Lawrence) (Entered: 02/24/2017)
2017-02-27	72	ORDER granting 71 FIRST LETTER MOTION to Adjourn Conference Oral Argument on Motion for Summary Judgment addressed to Judge Alvin K. Hellerstein from Lawrence S. Lustberg dated February 24, 2017. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. The oral argument currently scheduled for March 8, 2017 (see ECF #69) is adjourned to March 29, 2017 at 10 a.m. SO ORDERED. Oral Argument set for 3/29/2017 at 10:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 2/27/2017) (rjm) (Entered: 02/27/2017)
2017-03-29		Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 3/29/2017 re: 47 MOTION for Summary Judgment . filed by Department of Defense, Department of State, Department of Justice, Central Intelligence Agency. (Court Reporter Rebecca Forman) (Jones, Brigitte) (Entered: 04/03/2017)
2017-03-30		Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Motion Hearing held on 3/30/2017 re: 47 MOTION for Summary Judgment . filed by Department of Defense, Department of State, Department of Justice, Central Intelligence Agency. (Court Reporter Rebecca Forman) (Jones, Brigitte) (Entered: 04/03/2017)
2017-06-01	73	LETTER addressed to Judge Alvin K. Hellerstein from Sarah S. Normand and Elizabeth Tulis dated June 1, 2017 re: Supplemental Authority Concerning the Government's Assertion of Exemption 5 with Respect to Document No. 66. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit A - Order Re: Third and Fourth Motion to Compel (E.D. Wash. May 31, 2017))(Tulis, Elizabeth) (Entered: 06/01/2017)
2017-06-09	74	LETTER addressed to Judge Alvin K. Hellerstein from Lawrence S. Lustberg dated June 9, 2017 re: New and Relevant Authority from Salim v. Mitchell. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Lustberg, Lawrence) (Entered: 06/09/2017)
2017-06-14	75	LETTER addressed to Judge Alvin K. Hellerstein from Elizabeth Tulis and Sarah S. Normand dated June 14, 2017 re: Plaintiffs' letter dated June 9, 2017 (Dkt. No. 74). Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit Document No. 9 (reprocessed version))(Tulis, Elizabeth) (Entered: 06/14/2017)
2017-07-31	76	ORDER GRANTING SUMMARY JUDGMENT FOR DEFENDANTS WITH RESPECT TO DOCUMENT 1, UPHOLDING EXEMPTIONS: On July 27, 2017, I held a second ex parte session with the Government in my chambers, at which I delivered my final rulings with respect to Document 1, providing a more detailed, public explanation for that decision. The transcript of the July 27 session, which is attached to this Order as Appendix A, contains no redactions, and serves as my final ruling with respect to Document 1. An opinion addressing the remaining documents at issue, including Documents 10 and 66, will be forthcoming. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 7/31/2017) (ras) (Entered: 07/31/2017)
2017-09-27	77	OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. For these reasons, the Government's motion is granted in part and denied in part. The Government shall timely produce versions of Documents 8, 10, 13, 15, and 66 that comply with this Order. The Clerk shall terminate the motion (Dkt. No. 47), and mark the case closed. So ordered. re: 47 MOTION for Summary Judgment filed by Department of Defense, Department of State, Department of Justice, Central Intelligence Agency. (Signed by Judge Alvin K. Hellerstein on 9/27/2017) (rjm) (Entered: 09/27/2017)
2017-09-27		Transmission to Judgments and Orders Clerk. Transmitted re: 77 Memorandum & Opinion to the Judgments and Orders Clerk. (rjm) (Entered: 09/27/2017)
2017-09-28	78	CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated September 27, 2017, the Government's motion is granted in part and denied in part. The Government shall timely produce versions of Documents 8, 10, 13, 15, and 66 that comply with the Order; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/28/2017) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 09/28/2017)
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