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Case TitleAmerican Civil Liberties Union et al v. National Security Agency et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv00907
Date Filed2023-02-03
Date Closed2024-04-15
JudgeJudge Arun Subramanian
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
Case DescriptionThe ACLU submitted FOIA requests to the National Security Agency, Office of the Director of National Intelligence, the CIA, and the Department of Justice for records concerning FISA of FISCR opinions or orders dated on or after January 1, 2021 address novel or significant issues, including but not limited to novel or significant issues concerning Section 702 surveillance. The ACLU also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNational Security Agency
DefendantOffice of the Director of National Intelligence
DefendantCentral Intelligence Agency
DefendantDepartment Of Justice
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Docket
Complaint
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Date FiledDoc #Docket Text

2023-02-031COMPLAINT against Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence. (Filing Fee $ 402.00, Receipt Number ANYSDC-27291100)Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union..(Toomey, Patrick) (Entered: 02/03/2023)
2023-02-032CIVIL COVER SHEET filed..(Toomey, Patrick) (Entered: 02/03/2023)
2023-02-033RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 02/03/2023)
2023-02-034REQUEST FOR ISSUANCE OF SUMMONS as to National Security Agency, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 02/03/2023)
2023-02-035REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 02/03/2023)
2023-02-036REQUEST FOR ISSUANCE OF SUMMONS as to Office of the Director of National Intelligence, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 02/03/2023)
2023-02-037REQUEST FOR ISSUANCE OF SUMMONS as to Department of Justice, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 02/03/2023)
2023-02-06CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions . .(vf) (Entered: 02/06/2023)
2023-02-06Magistrate Judge Valerie Figueredo is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (vf) (Entered: 02/06/2023)
2023-02-06Case Designated ECF. (vf) (Entered: 02/06/2023)
2023-02-068ELECTRONIC SUMMONS ISSUED as to National Security Agency. (vf) (Entered: 02/06/2023)
2023-02-069ELECTRONIC SUMMONS ISSUED as to Central Intelligence Agency. (vf) (Entered: 02/06/2023)
2023-02-0610ELECTRONIC SUMMONS ISSUED as to Office of the Director of National Intelligence. (vf) (Entered: 02/06/2023)
2023-02-0611ELECTRONIC SUMMONS ISSUED as to Department Of Justice. (vf) (Entered: 02/06/2023)
2023-02-0712FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - NOTICE OF APPEARANCE by Gabriella Larios on behalf of New York Civil Liberties Union..(Larios, Gabriella) Modified on 2/7/2023 (lb). (Entered: 02/07/2023)
2023-02-0713FILING ERROR - DEFICIENT DOCKET ENTRY -(WRONG ATTORNEY LOGIN) - NOTICE OF APPEARANCE by Gabriella Larios on behalf of New York Civil Liberties Union..(Larios, Gabriella) Modified on 2/7/2023 (lb). (Entered: 02/07/2023)
2023-02-0714FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - NOTICE OF APPEARANCE by Perry Grossman on behalf of New York Civil Liberties Union..(Grossman, Perry) Modified on 2/7/2023 (lb). (Entered: 02/07/2023)
2023-02-07***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Perry Grossman and Gabriella Larios. The following party/parties has been removed from this case: New York Civil Liberties Union. The party was added to the case in error. (lb) (Entered: 02/07/2023)
2023-02-0715NOTICE OF APPEARANCE by Gabriella Larios on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Larios, Gabriella) (Entered: 02/07/2023)
2023-02-0716NOTICE OF APPEARANCE by Perry Grossman on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Grossman, Perry) (Entered: 02/07/2023)
2023-02-0917NOTICE OF APPEARANCE by Sarah Taitz on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Taitz, Sarah) (Entered: 02/09/2023)
2023-02-1418NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on March 21, 2023, at 3:00 p.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. And as set forth herein. Counsel for Plaintiffs is ordered to notify Defendants of this Notice. SO ORDERED. Telephonic Initial Conference set for 3/21/2023 at 03:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 2/14/2023) (ama) (Entered: 02/14/2023)
2023-02-2819SUMMONS RETURNED EXECUTED. National Security Agency served on 2/10/2023, answer due 3/3/2023. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Toomey, Patrick) (Entered: 02/28/2023)
2023-02-2820SUMMONS RETURNED EXECUTED. Central Intelligence Agency served on 2/13/2023, answer due 3/6/2023. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Toomey, Patrick) (Entered: 02/28/2023)
2023-02-2821SUMMONS RETURNED EXECUTED. Department Of Justice served on 2/13/2023, answer due 3/6/2023. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Toomey, Patrick) (Entered: 02/28/2023)
2023-02-2822SUMMONS RETURNED EXECUTED. Office of the Director of National Intelligence served on 2/14/2023, answer due 3/7/2023. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Toomey, Patrick) (Entered: 02/28/2023)
2023-02-2823SUMMONS RETURNED EXECUTED. All Defendants. Service was made by Mail. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union..(Toomey, Patrick) (Entered: 02/28/2023)
2023-02-2824SUMMONS RETURNED EXECUTED. All Defendants. Service was made by Mail. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union..(Toomey, Patrick) (Entered: 02/28/2023)
2023-03-1425JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Lewis J. Liman from Sarah Taitz dated 03/14/2023. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 03/14/2023)
2023-03-1626ORDER granting 25 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Lewis J. Liman from Sarah Taitz dated 03/14/2023. Parties are to provide a further status report to the Court in 30 days, on April 13, 2023, and governments time to answer is extended through the same date. The Initial Pretrial Conference previously scheduled for March 21, 2023 is CANCELED. All other relief regarding the case management plan and scheduling is granted as proposed. (All Defendants answer due 4/13/2023.) (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mf) (Entered: 03/16/2023)
2023-03-1727NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 03/17/2023)
2023-04-1328STATUS REPORT. (joint) and scheduling proposal Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 04/13/2023)
2023-04-1429MEMO ENDORSEMENT on re: 28 Status Report filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis J. Liman on 4/14/23) (yv) (Entered: 04/14/2023)
2023-04-2730JOINT LETTER addressed to Judge Lewis J. Liman from Peter Aronoff dated 4/27/2023 re: proposal for processing third record. Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 04/27/2023)
2023-04-2831MEMO ENDORSEMENT on re: 30 Letter proposal for processing third record, filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis J. Liman on 4/28/23) (yv) (Entered: 04/28/2023)
2023-07-1132CONSENT LETTER MOTION for Extension of Time status report, and proposal for further status report by August 14 addressed to Judge Lewis J. Liman from Peter Aronoff dated July 11, 2023. Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 07/11/2023)
2023-07-1133ORDER granting 32 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) (Entered: 07/11/2023)
2023-08-10NOTICE OF CASE REASSIGNMENT to Judge Arun Subramanian. Judge Lewis J. Liman is no longer assigned to the case. (tg) (Entered: 08/10/2023)
2023-08-1134STATUS REPORT. (joint) and proposal for further status report by September 14, 2023 Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 08/11/2023)
2023-08-1535MEMO ENDORSEMENT on re: 34 Status Report, filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: The proposal is adopted. The parties will provide another written status update by September 14, 2023, at 5:00 p.m. SO ORDERED. (Signed by Judge Arun Subramanian on 8/15/2023) (vfr) (Entered: 08/15/2023)
2023-09-1436STATUS REPORT. (joint) and proposal for further status report by November 14, 2023 Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 09/14/2023)
2023-09-1437MOTION for Sarah Taitz to Withdraw as Attorney . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Taitz, Sarah) (Entered: 09/14/2023)
2023-09-1538MEMO ENDORSEMENT on re: 36 Status Report, filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Arun Subramanian on 9/15/2023) (vfr) (Entered: 09/15/2023)
2023-09-1539MEMO ENDORSEMENT granting 37 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. The Clerk of Court is respectfully requested to terminate Sarah Taitz as counsel in this matter and close ECF No. 37. Attorney Sarah Taitz terminated. (Signed by Judge Arun Subramanian on 9/15/2023) (vfr) (Entered: 09/15/2023)
2023-11-1440STATUS REPORT. (joint) and proposal for further status report by December 14, 2023 Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 11/14/2023)
2023-11-1541MEMO ENDORSEMENT on re: 40 Status Report, filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Arun Subramanian on 11/15/2023) (tg) (Entered: 11/15/2023)
2023-12-1442STATUS REPORT. (joint) and proposal for further status report by January 31, 2024 Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 12/14/2023)
2023-12-1543MEMO ENDORSEMENT on re: 42 Status Report, filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. The Court expects that by January 31, 2024, this case will either be resolved or the parties will be prepared to press forward with litigation on an expedited basis. (Signed by Judge Arun Subramanian on 12/15/2023) (vfr) (Entered: 12/15/2023)
2024-01-3144STATUS REPORT. (joint) noting all merits issued resolved, and proposing a further status report regarding discussion of fees by March 1, 2024 Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 01/31/2024)
2024-01-3145MEMO ENDORSEMENT on re: 44 Status Report, filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Arun Subramanian on 1/31/2024) (vfr) (Entered: 01/31/2024)
2024-03-0146STATUS REPORT. (joint) and proposal for further status report by March 15, 2024 Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 03/01/2024)
2024-03-0447MEMO ENDORSEMENT on re: 46 Status Report filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Arun Subramanian on 3/4/2024) (rro) (Entered: 03/04/2024)
2024-03-1548STATUS REPORT. (joint) Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 03/15/2024)
2024-03-1849MEMO ENDORSEMENT on re: 48 Status Report filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Arun Subramanian on 3/18/2024) (vfr) (Entered: 03/18/2024)
2024-04-1150PROPOSED STIPULATION AND ORDER. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 04/11/2024)
2024-04-1551STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: NOW, THEREFORE, it is hereby STIPULATED and AGREED between the parties as follows: 1. Pursuant to 5 U.S.C. § 552(a)(4)(E), as soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order, Defendants shall pay to Plaintiffs the sum of nine thousand, five hundred dollars ($9,500) for attorneys' fees and litigation costs. This payment shall constitute full and final satisfaction of any claims by Plaintiffs for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payment shall be made by electronic funds transfers, and counsel for Plaintiffs will provide the necessary information to counsel for the Defendants to effectuate the transfers. Defendants shall make their best effort to make payment to Plaintiffs within 90 days following the dismissal of this Action. As further set forth by this Order. This action is accordingly dismissed with prejudice and without costs or fees other than as provided in paragraph 1 of this Stipulation and Order, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation and Order. Because this stipulation does not require the Court to oversee the enforcement of any prospective relief or find that Plaintiff "substantially prevailed" under 5 U.S.C. § 552(a)(4)(E), the Court construes this stipulation simply as a binding agreement plus a dismissal under Rule 41(a)(1)(A)(ii), which requires no Court endorsement. The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge Arun Subramanian on 4/15/2024) (tg) Transmission to Finance Unit (Cashiers) for processing. (Entered: 04/15/2024)
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