Case Detail

FOIA Project Annotation: A federal court in New York has ruled that it has jurisdiction to determine whether the intelligence community agencies must respond to Douglas Cox's FOIA request for the report written by the Senate Select Committee on Intelligence critical of the government's use of torture during the war on terrorism. The agencies argued that the D.C. Circuit, in ACLU v. CIA, 823 F.3d 655 (D.C. Cir. 2016), had concluded that because the SSCI had indicated its intention to maintain custody and control over the report, it was a congressional record and not an agency record subject to FOIA. Cox argued that the standard articulated in ACLU v. CIA was contrary to the Supreme Court's decision in Dept of Justice v. Tax Analysts, 892 U.S. 136 (1989), in which the Court established a control test for determining when a record qualified as an agency record. However, Chief Judge Roslynn Maukopf of the Eastern District of New York explained that "before the Court is the narrow question of the proper test for agency 'control' of the documents obtained from Congress. This is a question with its own unique constitutional considerations â€" and a question not before the Court in Tax Analysts." While she agreed that Congress had a constitutional right to make access decisions that differed from those contained in FOIA exemptions, after reviewing two letters that were part of the correspondence related to control of the torture report, Maukopf noted that "both of these letters provide compelling evidence that SSCI intended to 'relinquish control' over the SSCI Report upon transmittal." The agencies argued that while the SSCI intended to declassify the executive summary of the report, it did nothing to indicate a desire to give up control of the rest of the report. However, Maukopf pointed out that "while this provides some evidence that the SSCI did not intend to control the Executive Summary, the Court finds little support in this action alone for the conclusion that the SSCI intended to retain control over the non-Executive Summary portions of the SSCI Report." After finding she had jurisdiction to hear the merits of the case, Maukopf indicated that the Vaughn indices submitted by the FBI, the CIA, and other agencies making claims under Exemption 1 (national security) and Exemption 5 (privileges) were insufficient. She ordered the agencies and to provide more detail.
Issues: Exemption 1 - Harm to national security, Agency Record, Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2017-06-02	1	COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-9575279 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Douglas Cox. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Proposed Summons) (Cox, Douglas) (Entered: 06/02/2017)
2017-06-02		Case assigned to Judge Roslynn R. Mauskopf and Chief Mag. Judge Roanne L. Mann. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 06/07/2017)
2017-06-02	2	Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 06/07/2017)
2017-06-07	3	In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 06/07/2017)
2017-06-07	4	This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 06/07/2017)
2017-07-05	5	SUMMONS Returned Executed by Douglas Cox. Department of Justice served on 6/12/2017, answer due 8/11/2017. (Cox, Douglas) (Entered: 07/05/2017)
2017-07-05	6	SUMMONS Returned Executed by Douglas Cox. Federal Bureau of Investigation (FBI) served on 6/12/2017, answer due 8/11/2017. (Cox, Douglas) (Entered: 07/05/2017)
2017-07-05	7	SUMMONS Returned Executed by Douglas Cox. Department of Defense served on 6/12/2017, answer due 8/11/2017. (Cox, Douglas) (Entered: 07/05/2017)
2017-07-05	8	SUMMONS Returned Executed by Douglas Cox. Office of the Director of National Intelligence served on 6/12/2017, answer due 8/11/2017. (Cox, Douglas) (Entered: 07/05/2017)
2017-07-05	9	SUMMONS Returned Executed by Douglas Cox. Department of State of the United States served on 6/15/2017, answer due 8/14/2017. (Cox, Douglas) (Entered: 07/05/2017)
2017-07-10	10	ANSWER to 1 Complaint, by All Defendants. (Powell, Amy) (Entered: 07/10/2017)
2017-07-11	11	SCHEDULING ORDER: Initial Conference is set for 8/18/2017 @ 2:30 p.m. in Courtroom 13C South before Chief Mag. Judge Roanne L. Mann. SEE ATTACHED MANDATORY REQUIREMENTS FOR CONFERENCE. ***NOTE: bring the required number of copies of the completed initial conference questionnaire to the conference. Ordered by Chief Mag. Judge Roanne L. Mann on 7/11/2017. (Kelson, Lise) (Entered: 07/11/2017)
2017-07-31	12	AMENDED COMPLAINT against All Defendants, filed by Douglas Cox. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Cox, Douglas) (Entered: 07/31/2017)
2017-08-11	13	Joint MOTION to Continue Initial Conference by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence. (Powell, Amy) (Entered: 08/11/2017)
2017-08-11	14	Consent MOTION for Extension of Time to File Answer re 12 Amended Complaint by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence. (Powell, Amy) (Entered: 08/11/2017)
2017-08-11		ELECTRONIC ORDER granting 13 Motion to Continue. The August 18th initial conference is adjourned sine die. A joint status report is due by September 8, 2017.Ordered by Chief Mag. Judge Roanne L. Mann on 8/11/2017. (Kelson, Lise) Modified on 8/11/2017 added full ruling text(Kelson, Lise). (Entered: 08/11/2017)
2017-08-11		ELECTRONIC ORDER granting 14 Motion for Extension of Time to Answer All Defendants. Ordered by Chief Mag. Judge Roanne L. Mann on 8/11/2017. (Kelson, Lise) (Entered: 08/11/2017)
2017-08-18	15	ANSWER to 12 Amended Complaint by All Defendants. (Powell, Amy) (Entered: 08/18/2017)
2017-09-06	16	NOTICE of Change of Address by Amy Powell (Powell, Amy) (Entered: 09/06/2017)
2017-09-08	17	STATUS REPORT , filed jointly by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence (Powell, Amy) (Entered: 09/08/2017)
2017-09-11		ORDER re 17 . The State Department will file a report by October 6, 2017 , estimating the total time for processing plaintiff's FDIA request. A joint status report and proposal schedule for further proceedings is due by January 12, 2018 . Ordered by Chief Mag. Judge Roanne L. Mann on 9/11/2017. (Godoy-Dalmau, Gabriel) (Entered: 09/11/2017)
2017-10-06	18	STATUS REPORT , filed jointly by Department of State of the United States (Powell, Amy) (Entered: 10/06/2017)
2017-10-10		ELECTRONIC SCHEDULING ORDER: re 18 Status Report filed by Department of State of the United States. The Court adheres to its deadline of January 18, 2018, for the filing of a joint updated status report and proposed schedule for further proceedings. Ordered by Chief Mag. Judge Roanne L. Mann on 10/10/2017. (Kelson, Lise) (Entered: 10/10/2017)
2017-12-18	19	Consent MOTION for Extension of Time to File Status Report and Complete Processing of Responsive Documents Subject to FOIA by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence. (Powell, Amy) (Entered: 12/18/2017)
2017-12-18		ELECTRONIC ORDER granting 19 Motion for Extension of Time to File. The defense request to extend the existing deadlines is granted, on consent. The joint status report (with a proposed schedule for further proceedings) is now due by April 6, 2018. Ordered by Chief Mag. Judge Roanne L. Mann on 12/18/2017. (Proujansky, Josh) (Entered: 12/18/2017)
2018-04-06	20	STATUS REPORT filed jointly by the plaintiff and defendants by Douglas Cox (Cox, Douglas) (Entered: 04/06/2018)
2018-04-06		ELECTRONIC STATUS REPORT ORDER. A further updated joint status report is due by May 11, 2018. Ordered by Chief Mag. Judge Roanne L. Mann on 4/6/2018. (Kelson, Lise) (Entered: 04/06/2018)
2018-05-11	21	STATUS REPORT filed jointly by the plaintiff and defendants by Douglas Cox (Cox, Douglas) (Entered: 05/11/2018)
2018-05-14		STATUS REPORT ORDER. A further updated joint Status Report is due by 6/12/2018.Ordered by Chief Mag. Judge Roanne L. Mann on 5/14/2018. (Kelson, Lise) (Entered: 05/14/2018)
2018-06-12	22	STATUS REPORT filed jointly by the plaintiff and defendants by Douglas Cox (Cox, Douglas) (Entered: 06/12/2018)
2018-07-13	23	STATUS REPORT filed jointly by the plaintiff and defendants by Douglas Cox (Cox, Douglas) (Entered: 07/13/2018)
2018-07-16	24	Minute Entry for proceedings held before Chief Mag. Judge Roanne L. Mann: Telephone Conference held on 7/16/2018. In response to the parties' joint status report of July 13, (DE #23), the Court conducts a telephone conference regarding plaintiff's desire to amend his complaint. See attached Minute Entry. (Kelson, Lise) (Entered: 07/16/2018)
2018-08-03	25	STATUS REPORT , jointly filed by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence (Powell, Amy) (Entered: 08/03/2018)
2018-08-07	26	AMENDED COMPLAINT Second against All Defendants, filed by Douglas Cox. (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) (Cox, Douglas) (Entered: 08/07/2018)
2018-08-07	27	STATUS REPORT filed jointly by the plaintiff and defendants by Douglas Cox (Cox, Douglas) Modified on 8/8/2018 (Kelson, Lise). (Entered: 08/07/2018)
2018-08-08		ORDER granting 27 Motion for Extension of Time to Answer. All Defendants. Defendants' answer to the Amended Complaint is due by September 7, 2018. By September 21, 2018, the parties shall file a joint proposed schedule (docketed as a motion event into the ECF court file). Ordered by Chief Mag. Judge Roanne L. Mann on 8/8/2018. (Kelson, Lise) Modified on 8/8/2018 (Kelson, Lise). (Entered: 08/08/2018)
2018-09-07	28	ANSWER to 26 Amended Complaint by All Defendants. (Powell, Amy) (Entered: 09/07/2018)
2018-09-21	29	STATUS REPORT filed jointly by the parties by Douglas Cox (Cox, Douglas) (Entered: 09/21/2018)
2018-09-24		STATUS REPORT ORDER: the parties shall file, by October 19, 2018, a joint status report with a proposed schedule for dispositive motions. Ordered by Chief Mag. Judge Roanne L. Mann on 9/24/2018. (Proujansky, Josh) (Entered: 09/24/2018)
2018-10-19	30	STATUS REPORT , jointly filed by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence (Powell, Amy) (Entered: 10/19/2018)
2018-10-22		ORDER, This Court is without authority to waive Judge Mauskopf's requirement that a motion for summary judgment be preceded by a request for a premotion conference. Therefore, absent a contrary order from Judge Mauskopf, defendants' request for a premotion conference before the District Court is due by November 7, 2018. Ordered by Chief Mag. Judge Roanne L. Mann on 10/22/2018. (Kelson, Lise) (Entered: 10/22/2018)
2018-11-07	31	MOTION for pre motion conference by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence. (Powell, Amy) (Entered: 11/07/2018)
2018-11-08		ORDER: By November 22, 2018, plaintiff shall file a letter with the Court, not to exceed three pages, setting forth the legal and factual bases on which plaintiff intends to rely to oppose defendants' proposed motion for summary judgment. Upon receipt of this filing, the Court will further advise the parties as to whether a pre-motion conference is required. Ordered by Judge Roslynn R. Mauskopf on 11/8/2018. (Pettig, Bruce) (Entered: 11/08/2018)
2018-11-12	32	RESPONSE to Motion re 31 MOTION for pre motion conference filed by Douglas Cox. (Cox, Douglas) (Entered: 11/12/2018)
2018-12-26	33	Consent MOTION to Stay Pre-Motion Conference and/or Briefing by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence. (Powell, Amy) (Entered: 12/26/2018)
2019-01-04		ORDER re: 31 Motion for Pre Motion Conference; granting 33 Motion to Stay: The Court's grants the government's request to stay any pre-motion conference and briefing schedule during the lapse in appropriations. Counsel for the government shall notify the Court as soon as Congress has appropriated all necessary funds, and shall also confer with plaintiff's counsel to propose a new briefing schedule for any motions. Ordered by Judge Roslynn R. Mauskopf on 1/4/2019. (Mauskopf, Roslynn) (Entered: 01/04/2019)
2019-01-28	34	NOTICE by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence of Restoration of Appropriations (Powell, Amy) (Entered: 01/28/2019)
2019-02-01	35	STATUS REPORT Proposing New Briefing Schedule by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence (Powell, Amy) (Entered: 02/01/2019)
2019-03-15	36	Consent MOTION for Extension of Time to File For Summary Judgment, and to Set a Briefing Schedule by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence. (Powell, Amy) (Entered: 03/15/2019)
2019-03-21		ORDER granting 36 Motion for Extension of Time to File. The parties' joint proposed schedule is so-ordered. Ordered by Chief Mag. Judge Roanne L. Mann on 3/21/2019. (Kelson, Lise) (Entered: 03/21/2019)
2019-04-16	37	Consent MOTION for Leave to File Excess Pages in Support of Dispositive Motion by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence. (Powell, Amy) (Entered: 04/16/2019)
2019-04-17		ORDER: Defendants' motion for leave to file excess pages, on consent ( 37 ), is granted. Ordered by Judge Roslynn R. Mauskopf on 4/17/2019. (Pettig, Bruce) (Entered: 04/17/2019)
2019-04-19	38	MOTION for Summary Judgment and to Dismiss by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Antoinette B. Shiner (CIA), # 3 Declaration of Vanessa R. Brinkmann (DOJ), # 4 Declaration of David M. Hardy (FBI), # 5 Declaration of Deirdre Walsh (ODNI), # 6 Declaration of Mark H. Herrington (DOD), # 7 Declaration of Eric F. Stein (State), # 8 Exhibit 7 - January 16 2015 Letter from Sen. Feinstein, # 9 Rule 56.1 Statement) (Powell, Amy) (Entered: 04/19/2019)
2019-04-19	39	NOTICE by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence NOTICE TO PRO SE LITIGANT, IN ACCORDANCE WITH LOCAL RULE 56.2 (Powell, Amy) (Entered: 04/19/2019)
2019-06-04	40	Letter MOTION for Sanctions for Preservation Violation by Douglas Cox. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Cox, Douglas) (Entered: 06/04/2019)
2019-06-05		ELECTRONIC SCHEDULING ORDER re 40 Letter MOTION for Sanctions for Preservation Violation filed by Douglas Cox. This Court construes plaintiff's motion as a discovery motion within this Court's pretrial jurisdiction. Defendant Department of Defense must file its response by June 11, 2019. However, to the extent plaintiff ultimately requests spoliation sanctions, such a request is inextricably intertwined with the merits of the action and the pending summary judgment motion, and should be addressed to the District Judge in the first instance. Ordered by Chief Mag. Judge Roanne L. Mann on 6/5/2019. (Proujansky, Josh) Modified on 6/5/2019 (Proujansky, Josh). (Entered: 06/05/2019)
2019-06-07	41	Consent MOTION for Extension of Time to File Response/Reply as to 40 Letter MOTION for Sanctions for Preservation Violation , Scheduling Order,, by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence. (Powell, Amy) (Entered: 06/07/2019)
2019-06-07		ELECTRONIC ORDER granting, on consent, 41 Motion for Extension of Time to File. Defendants' response to 40 Letter MOTION for Sanctions must be filed by June 14, 2019. Ordered by Chief Mag. Judge Roanne L. Mann on 6/7/2019. (Proujansky, Josh) Modified on 6/7/2019 (Proujansky, Josh). (Entered: 06/07/2019)
2019-06-14	42	MEMORANDUM in Opposition re 40 Letter MOTION for Sanctions for Preservation Violation filed by All Defendants. (Attachments: # 1 Declaration of Mark H. Herrington (2nd)) (Powell, Amy) (Entered: 06/14/2019)
2019-06-18	43	Consent MOTION for Extension of Time to File Response/Reply as to 38 MOTION for Summary Judgment and to Dismiss and to Revise the Briefing Schedule by Douglas Cox. (Cox, Douglas) (Entered: 06/18/2019)
2019-06-19		ORDER: Plaintiff's motion for an extension of time, on consent ( 43 ), is granted, subject to the following modification. The parties' initial proposed briefing schedule ( 36 ) did not comport with this Court's Individual Rule III.B.5, which requires that no motion papers be filed until the motion has been fully briefed. Accordingly, the filing at 38 is hereby terminated, and the parties are directed to adhere to the following schedule: by July 12, 2019, plaintiff shall serve but not file his opposition and any cross-motions; by August 20, 2019, defendants shall serve but not file their reply and opposition, if any; and by September 20, 2019, plaintiff shall serve his reply, if any, and file the fully briefed motion or motions on the docket. Ordered by Judge Roslynn R. Mauskopf on 6/19/2019. (Pettig, Bruce) (Entered: 06/19/2019)
2019-06-21	44	MOTION for Leave to File Document as a Reply to Defendants June 14, 2019, Opposition [Dkt. 42] by Douglas Cox. (Cox, Douglas) (Entered: 06/21/2019)
2019-06-21		ELECTRONIC ORDER: Application 44 granted, without objection. Ordered by Chief Mag. Judge Roanne L. Mann on 6/21/2019. (Cardenas, Alex) (Entered: 06/21/2019)
2019-06-24	45	REPLY in Support re 40 Letter MOTION for Sanctions for Preservation Violation filed by Douglas Cox. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Cox, Douglas) (Entered: 06/24/2019)
2019-07-03	46	NOTICE of Change of Address (Powell, Amy) (Entered: 07/03/2019)
2019-07-08	47	MEMORANDUM AND ORDER: Terminating Motion for Sanctions 40 as moot. See attached for further discussion. Ordered by Chief Magistrate Judge Roanne L. Mann on 7/8/2019. (Cardenas, Alex) (Entered: 07/08/2019)
2019-07-09	48	Consent MOTION for Leave to File Excess Pages for Plaintiff's Opposition to Defendants' Motion to Dismiss and Motion for Summary Judgment by Douglas Cox. (Cox, Douglas) (Entered: 07/09/2019)
2019-07-10		ORDER: Plaintiff's request for leave to file excess pages, on consent ( 48 ), is granted. Plaintiff's opposition memorandum shall not exceed 40 pages in length. Ordered by Judge Roslynn R. Mauskopf on 7/10/2019. (Pettig, Bruce) (Entered: 07/10/2019)
2019-08-15	49	Consent MOTION for Extension of Time to File Response/Reply in Support of Defendants' Motion to Dismiss and for Summary Judgment by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence. (Powell, Amy) (Entered: 08/15/2019)
2019-08-16		ORDER: Defendants' motion for an extension of time, on consent ( 49 ), is granted. By October 18, 2019, defendants shall serve their reply and supplemental declaration; by November 22, 2019, plaintiff shall serve his sur-reply and file the fully briefed motions on the docket. Ordered by Judge Roslynn R. Mauskopf on 8/16/2019. (Pettig, Bruce) (Entered: 08/16/2019)
2019-10-17	50	Consent MOTION for Leave to File Excess Pages by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence. (Powell, Amy) (Entered: 10/17/2019)
2019-10-18		ORDER: Defendants' request for leave to file excess pages ( 50 ), on consent, is granted. Defendants' reply shall not exceed 30 pages in length. Ordered by Judge Roslynn R. Mauskopf on 10/18/2019. (Walchak, David) (Entered: 10/18/2019)
2019-11-19	51	Consent MOTION for Leave to File Excess Pages by Douglas Cox. (Cox, Douglas) (Entered: 11/19/2019)
2019-11-20		ORDER: Plaintiff's request for leave to file excess pages, 51 , on consent, is granted. Plaintiff's sur-reply shall not exceed 15 pages in length. Ordered by Judge Roslynn R. Mauskopf on 11/20/2019. (Walchak, David) (Entered: 11/20/2019)
2019-11-22	52	Fully Briefed MOTION for Summary Judgment and Motion to Dismiss on behalf of all parties by Douglas Cox. (Attachments: # 1 Defendants' Memorandum in Support, # 2 Declaration of Antoinette B. Shiner (CIA), # 3 Declaration of Vanessa R. Brinkmann (DOJ), # 4 Declaration of David M. Hardy (FBI), # 5 Declaration of Deirdre Walsh (ODNI), # 6 Declaration of Mark H. Herrington (DOD), # 7 Declaration of Eric F. Stein (State), # 8 Exhibit 7 - January 16, 2015 Letter from Sen. Feinstein, # 9 Rule 56.1 Statement, # 10 Plaintiff's Opposition, # 11 Exhibit A, # 12 Exhibit B, # 13 Exhibit C, # 14 Exhibit D, # 15 Exhibit E, # 16 Exhibit F, # 17 Exhibit G, # 18 Exhibit H, # 19 Exhibit I, # 20 Exhibit J, # 21 Exhibit K, # 22 Exhibit L, # 23 Exhibit M, # 24 Exhibit N, # 25 Exhibit O, # 26 Exhibit P, # 27 Exhibit Q, # 28 Exhibit R, # 29 Exhibit S, # 30 Exhibit T, # 31 Exhibit U, # 32 Exhibit V, # 33 Exhibit W, # 34 Exhibit X, # 35 Defendant's Reply, # 36 Combined Attachments, # 37 Plaintiff's Surreply, # 38 Exhibit A, # 39 Exhibit B, # 40 Exhibit C, # 41 Exhibit D) (Cox, Douglas) (Entered: 11/22/2019)
2020-11-30	53	MEMORANDUM AND ORDER granting in part and denying in part 52 Motion for Summary Judgment: For the reasons set forth herein, the Agencies motion to dismiss is denied, and the Agencies motion for summary judgment is granted in part and denied in part. Specifically, DOJ is granted summary judgment with respect to their withholding of records in response to Coxs requests numbered five through eight; DOD is granted summary judgment with respect to their withholding of records in response to Cox's requests numbered five through seven; ODNI is granted summary judgment with respect to their withholding of records in response to Cox's requests numbered four and five; and the State Department is granted summary judgment with respect to their withholding of records in response to Cox's requests numbered four through six. The FBI's motion for summary judgment is denied without prejudice, and it is directed to supplement its Vaughn submissions in accordance with this Order. This matter is recommitted to Magistrate Judge Roanne L. Mann for all remaining pre-trial matters. Ordered by Chief Judge Roslynn R. Mauskopf on 11/26/2020. (Mauskopf, Roslynn) (Entered: 11/30/2020)
2020-12-02		SCHEDULING ORDER: Chief Judge Mauskopf has ruled on the various dispositive motions and has returned the matter to this magistrate judge for renewed pretrial supervision. Counsel are directed to confer and to file, by December 8, 2020, a joint proposed schedule for further proceedings in the case. Ordered by Magistrate Judge Roanne L. Mann on 12/2/2020. (GM) (Entered: 12/02/2020)
2020-12-08	54	STATUS REPORT and Proposed Schedule, Filed Jointly by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence (Powell, Amy) (Entered: 12/08/2020)
2020-12-11		ORDER: The parties' joint proposed schedule at 54 is adopted. Ordered by Magistrate Judge Roanne L. Mann on 12/11/2020. (GM) (Entered: 12/11/2020)
2020-12-14	55	Letter MOTION for pre motion conference by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence. (Powell, Amy) (Entered: 12/14/2020)
2020-12-15		ORDER: By December 21, 2020, plaintiff shall file a letter with the Court, not to exceed three pages, setting forth the legal and factual bases on which plaintiff intends to rely to oppose defendants' proposed motion for summary judgment. Upon receipt of this filing, the Court will further advise the parties as to whether a pre-motion conference is required. Ordered by Chief Judge Roslynn R. Mauskopf on 12/15/2020. (Prather, Lucy) (Entered: 12/15/2020)
2020-12-21	56	RESPONSE to Motion re 55 Letter MOTION for pre motion conference filed by Douglas Cox. (Cox, Douglas) (Entered: 12/21/2020)
2020-12-22		Defendants' request for a pre-motion conference, 55 , is denied. Defendants shall serve their motion for summary judgment by February 4, 2021; Plaintiff shall serve a Rule 56(d) motion and/or an opposition by March 5, 2021; Defendants shall serve an opposition to the 56(d) and/or a reply by March 26, 2021; Plaintiff shall serve his reply, if any, and file the fully-briefed motion on or before April 16, 2021. The parties shall mail courtesy copies to chambers at time of filing. Ordered by Chief Judge Roslynn R. Mauskopf on 12/22/2020. (Prather, Lucy) (Entered: 12/22/2020)
2021-02-01	57	Consent MOTION for Extension of Time to File Motion for Summary Judgment and for Expansion of Page Limits by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence. (Attachments: # 1 Proposed Order) (Powell, Amy) (Entered: 02/01/2021)
2021-02-03		Defendants' letter motion for an extension of time and for enlargement of the page limits, on consent, is GRANTED. Defendants shall serve their motion for summary judgment by February 11, 2021; Plaintiff shall serve a Rule 56(d) motion and/or an opposition by March 12, 2021; Defendants shall serve an opposition to the 56(d) and/or a reply by April 2, 2021; Plaintiff shall serve his reply, if any, and file the fully-briefed motion on or before April 23, 2021. The parties shall mail courtesy copies to chambers at time of filing. It is further ordered that Defendants' memorandum in support of their motion for summary judgment may exceed the typical page limits but may not exceed 35 pages. Ordered by Judge Roslynn R. Mauskopf on 2/3/2021. (Prather, Lucy) (Entered: 02/03/2021)
2021-03-05	58	Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment and for Expansion of Page Limits by Douglas Cox. (Attachments: # 1 Proposed Order) (Cox, Douglas) (Entered: 03/05/2021)
2021-03-08		Plaintiff's letter motion for an extension of time and for enlargement of the page limits, [(58)], on consent, is GRANTED. Plaintiff shall serve an opposition and any cross-motions by March 26, 2021; Defendants shall serve a reply and an opposition by April 23, 2021; Plaintiff shall serve his reply and file the fully briefed motion on or before May 14, 2021. The parties shall mail courtesy copies to chambers at the time of filing. It is further ordered that Plaintiff's memorandum in support of his opposition and any cross-motions may exceed the typical page limits but may not exceed 50 pages. Ordered by Judge Roslynn R. Mauskopf on 3/8/2021. (Prather, Lucy) (Entered: 03/08/2021)
2021-04-21	59	Consent MOTION for Leave to File Excess Pages by Department of Defense, Department of Justice, Department of State of the United States, Federal Bureau of Investigation (FBI), Office of the Director of National Intelligence. (Attachments: # 1 Proposed Order) (Powell, Amy) (Entered: 04/21/2021)
2021-04-22		ORDER: Defendants' letter motion for an enlargement of the page limits, 59 , on consent, is GRANTED. Defendants' combined opposition and reply memorandum in support of their motion for summary judgment may exceed the typical page limits but may not exceed 30 pages. Ordered by Judge Roslynn R. Mauskopf on 4/22/2021. (Prather, Lucy) (Entered: 04/22/2021)
2021-05-14	60	Fully Briefed MOTION for Summary Judgment on behalf of all parties by Douglas Cox. (Attachments: # 1 Defendants' Memorandum in Support, # 2 Declaration of Vanna Blaine (CIA), # 3 Declaration of Vanessa Brinkmann (DOJ), # 4 Declaration of Michael G. Seidel (FBI), # 5 Declaration of Deirdre Walsh (ODNI), # 6 Declaration of Mark H. Herrington (DOD), # 7 Declaration of Eric F. Stein (State), # 8 Jan. 16, 2015 Letter from Sen. Dianne Feinstein, # 9 Rule 56.1 Statement, # 10 Plaintiff's Notice of Motion, # 11 Plaintiff's Memorandum in Opposition and in Support of Cross Motion, # 12 Plaintiff's Declaration in Support and Exhibits, # 13 Plaintiff's Rule 56(d) Declaration, # 14 Defendant's Combined Reply and Opposition, # 15 Attachments to Defendants' Combined Reply and Opposition, # 16 Plaintiff's Reply) (Cox, Douglas) (Entered: 05/14/2021)
2021-07-06		Case Reassigned to Judge Rachel P. Kovner. Judge Roslynn R. Mauskopf no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) (Entered: 07/06/2021)
2022-03-30	61	MEMORANDUM & ORDER: For the reasons given in the attached memorandum and order, defendants' motion for summary judgment is granted in full, and plaintiff's cross-motion for summary judgment, request for in camera review, and motion for discovery are denied in full. The Clerk of Court is directed to enter judgment and close the case. Ordered by Judge Rachel P. Kovner on 3/30/2022. (Daus, Benjamin) (Entered: 03/30/2022)
2022-03-31	62	CLERK'S JUDGMENT that Defendants motion for summary judgment is granted; that Plaintiffs cross-motion for summary judgment is denied; and that Mr. Coxs request for in camera review and his motion for discovery under Rule 56(d) are also denied. So Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 3/31/2022. (Herrera, Isaiah) (Entered: 03/31/2022)
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