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Case TitleAMERICAN CIVIL LIBERTIES UNION et al v. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00644
Date Filed2023-03-08
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffAMERICAN CIVIL LIBERTIES UNION
PlaintiffAMERICAN CIVIL LIBERTIES UNION FOUNDATION
Case DescriptionThe ACLU submitted FOIA requests to the Department of Defense, the Department of Justice, the CIA, and the Department of State for records concerning rules governing the use of lethal force and capture operations abroad. The ACLU asked for 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, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
DefendantDEPARTMENT OF JUSTICE
DefendantCENTRAL INTELLIGENCE AGENCY
DefendantDEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-081COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE ( Filing fee $ 402 receipt number ADCDC-9912420) filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Exhibit 1: FOIA Request, # 2 Civil Cover Sheet, # 3 Summons : CIA, # 4 Summons : DOD, # 5 Summons : DOJ, # 6 Summons : DOS)(Kaufman, Brett) (Attachment 2 replaced on 3/9/2023) (zrtw). (Entered: 03/08/2023)
2023-03-082LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests American Civil Liberties Union by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Kaufman, Brett) (Main Document 2 replaced on 3/9/2023) (zrtw). (Entered: 03/08/2023)
2023-03-083LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests American Civil Liberties Union Foundation by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Kaufman, Brett) (Main Document 3 replaced on 3/9/2023) (zrtw). (Entered: 03/08/2023)
2023-03-09Case Assigned to Judge Jia M. Cobb. (zrtw) (Entered: 03/09/2023)
2023-03-094SUMMONS (4) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 03/09/2023)
2023-03-09NOTICE OF ERROR re 1 Complaint; emailed to bkaufman@aclu.org, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zrtw, ) (Entered: 03/09/2023)
2023-03-095REQUEST FOR SUMMONS TO ISSUE U.S. Attorney & U.S. Attorney General by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION.(Kaufman, Brett) (Entered: 03/09/2023)
2023-03-106SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (znmw) (Entered: 03/10/2023)
2023-04-117RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 3/27/2023 (Kaufman, Brett) (Entered: 04/11/2023)
2023-04-118RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 3/27/2023 (Kaufman, Brett) (Entered: 04/11/2023)
2023-04-119RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 3/27/2023 (Kaufman, Brett) (Entered: 04/11/2023)
2023-04-1110RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF STATE served on 3/27/2023 (Kaufman, Brett) (Entered: 04/11/2023)
2023-04-1111RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/27/2023. (Kaufman, Brett) (Entered: 04/11/2023)
2023-04-1112RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/27/2023. Answer due for ALL FEDERAL DEFENDANTS by 4/26/2023. (Kaufman, Brett) (Entered: 04/11/2023)
2023-04-2713ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE.(Elliott, Stephen) (Entered: 04/27/2023)
2023-04-27MINUTE ORDER: The Court ORDERS that the Parties confer and submit a joint proposed schedule for further proceedings, which shall include a proposed schedule for the processing and release of responsive records or for briefing dispositive motions, by May 11, 2023. Signed by Judge Jia M. Cobb on April 27, 2023. (lcjmc2) (Entered: 04/27/2023)
2023-05-1114NOTICE - Joint Proposed Schedule for Further Proceedings by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Elliott, Stephen) (Entered: 05/11/2023)
2023-05-1615SCHEDULING ORDER: The Parties shall file a joint status report by June 20, 2023, and every 90 days thereafter until further order of the Court. See document for scheduling order and information concerning case procedures. Signed by Judge Jia M. Cobb on May 16, 2023. (lcjmc2) (Entered: 05/16/2023)
2023-06-2016Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 06/20/2023)
2023-06-21MINUTE ORDER: The Court has reviewed 16 Joint Status Report. Upon consideration of the Joint Status Report, it is hereby ORDERED that the Parties will file another joint status report by August 10, 2023, and every 90 days thereafter until further order of the Court. Signed by Judge Jia M. Cobb on June 21, 2023. (lcjmc2) (Entered: 06/21/2023)
2023-08-1017Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 08/10/2023)
2023-08-11MINUTE ORDER: The Court has reviewed 17 Joint Status Report. Upon consideration of the Joint Status Report, it is hereby ORDERED that the Parties will file another joint status report by October 9, 2023, and every 90 days thereafter until further order of the Court. Signed by Judge Jia M. Cobb on August 11, 2023. (lcjmc2) (Entered: 08/11/2023)
2023-10-0218Joint MOTION for Extension of Time to file Joint Status Report by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Elliott, Stephen) (Entered: 10/02/2023)
2023-10-03MINUTE ORDER granting 18 Motion for Extension of Time: Having considered the motion, and for good cause shown, the Court hereby GRANTS the motion. It is further ORDERED that the Parties shall file their joint status report by October 10, 2023. Signed by Judge Jia M. Cobb on October 3, 2023. (lcjmc2) (Entered: 10/03/2023)
2023-10-1019Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 10/10/2023)
2023-10-10MINUTE ORDER: The Court has considered the Parties' 19 Joint Status Report, in which the Parties request to file another joint status report outside of the 90-day schedule. Finding no reason to reject this request, the Court hereby ORDERS that the Parties shall file their next joint status report by December 11, 2023. Signed by Judge Jia M. Cobb on October 10, 2023. (lcjmc2) (Entered: 10/10/2023)
2023-12-1120Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 12/11/2023)
2023-12-11MINUTE ORDER: The Court has considered the Parties' 20 Joint Status Report, in which the Parties request to file another joint status report outside of the 90-day schedule. Finding no reason to reject this request, the Court hereby ORDERS that the Parties shall file their next joint status report by February 9, 2024. The schedule remains unchanged otherwise. Signed by Judge Jia M. Cobb on December 11, 2023. (lcjmc2) (Entered: 12/11/2023)
2024-02-0921Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 02/09/2024)
2024-02-12MINUTE ORDER: The Court has considered the Parties' 21 Joint Status Report, in which the Parties request to file another joint status report outside of the 90-day schedule. Finding no reason to reject this request, the Court hereby ORDERS that the Parties shall file their next joint status report by April 8, 2024. The schedule remains unchanged otherwise. Signed by Judge Jia M. Cobb on February 12, 2024. (lcjmc2) (Entered: 02/12/2024)
2024-04-0822Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 04/08/2024)
2024-04-09MINUTE ORDER: The Court has considered the Parties' 22 Joint Status Report, in which the Parties request to file another joint status report outside of the 90-day schedule. Finding no reason to reject this request, the Court hereby ORDERS that the Parties shall file their next joint status report by June 7, 2024. The schedule remains unchanged otherwise. Signed by Judge Jia M. Cobb on April 9, 2024. (lcjmc2) (Entered: 04/09/2024)
2024-06-0723Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 06/07/2024)
2024-06-18MINUTE ORDER: The Court has considered the Parties' 23 Joint Status Report, in which the Parties request to file another joint status report outside of the 90-day schedule. Because this is not the first time the Parties have made such a request, and finding good cause to do so, the Court hereby ORDERS that the 15 scheduling order shall be modified as follows: the Parties shall file a joint status report by August 6, 2024, and every 60 days thereafter until further order of the Court. Signed by Judge Jia M. Cobb on June 18, 2024. (lcjmc2) (Entered: 06/18/2024)
2024-08-0624Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Elliott, Stephen) (Entered: 08/06/2024)
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