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Case TitleAmerican Civil Liberties Union et al v. Department of Justice et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2024cv05722
Date Filed2024-07-29
Date Closed2025-07-09
JudgeJudge Jed S. Rakoff
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
Case DescriptionThe ACLU submitted FOIA requests to the Department of Justice and the Department of Homeland Security for records concerning the use of Joint Terror Task Forces and fusion centers to collect information on individuals or organizations engaged in protest. The agencies acknowledged receipt of the requests. 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

DefendantDepartment of Justice
DefendantDepartment of Justice
TERMINATED: 04/25/2025
DefendantFederal Bureau of Investigation
DefendantFederal Bureau of Investigation
TERMINATED: 04/25/2025
DefendantDepartment of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
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Date FiledDoc #Docket Text

2024-07-291COMPLAINT against Department of Homeland Security, Department of Justice, Federal Bureau of Investigation. (Filing Fee $ 405.00, Receipt Number ANYSDC-29671776)Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit FOIA Request).(Grossman, Perry) (Entered: 07/29/2024)
2024-07-292CIVIL COVER SHEET filed..(Grossman, Perry) (Entered: 07/29/2024)
2024-07-293FILING ERROR - 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..(Grossman, Perry) Modified on 7/30/2024 (jgo). (Entered: 07/29/2024)
2024-07-294FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Grossman, Perry) Modified on 7/30/2024 (jgo). (Entered: 07/29/2024)
2024-07-295FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Grossman, Perry) Modified on 7/30/2024 (jgo). (Entered: 07/29/2024)
2024-07-296RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Grossman, Perry) (Entered: 07/29/2024)
2024-07-297NOTICE OF APPEARANCE by Perry Grossman on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Grossman, Perry) (Entered: 07/29/2024)
2024-07-298NOTICE OF APPEARANCE by Daniel Ross Lambright on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Lambright, Daniel) (Entered: 07/29/2024)
2024-07-30CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jessica G. L. Clarke. 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 . .(jgo) (Entered: 07/30/2024)
2024-07-30Magistrate Judge Gabriel W. Gorenstein is designated to handle matters that may be referred in this case. 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 . (jgo) (Entered: 07/30/2024)
2024-07-30Case Designated ECF. (jgo) (Entered: 07/30/2024)
2024-07-30***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Perry Grossman to RE-FILE Document No. 3 Request for Issuance of Summons, 5 Request for Issuance of Summons, 4 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; party name listed on the PDF case caption and the PDF 'To' field must match exactly as it appears on the pleading caption. 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. (jgo) (Entered: 07/30/2024)
2024-07-309REQUEST FOR ISSUANCE OF SUMMONS as to Department of Justice, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Grossman, Perry) (Entered: 07/30/2024)
2024-07-3010REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Grossman, Perry) (Entered: 07/30/2024)
2024-07-3011REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Grossman, Perry) (Entered: 07/30/2024)
2024-07-3112ELECTRONIC SUMMONS ISSUED as to Department of Homeland Security..(jgo) (Entered: 07/31/2024)
2024-07-3113ELECTRONIC SUMMONS ISSUED as to Department of Justice..(jgo) (Entered: 07/31/2024)
2024-07-3114ELECTRONIC SUMMONS ISSUED as to Federal Bureau of Investigation..(jgo) (Entered: 07/31/2024)
2024-07-31NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Jessica G. L. Clarke is no longer assigned to the case. (tro) (Entered: 07/31/2024)
2024-08-0215MOTION for Aamra Ahmad to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Affidavit of Aamra Ahmad, # 2 Supplement DC Bar Certificate of Good Standing, # 3 Supplement VA Bar Certificate of Good Standing, # 4 Proposed Order for Admission Pro Hac Vice).(Ahmad, Aamra) (Entered: 08/02/2024)
2024-08-05>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 15 MOTION for Aamra Ahmad to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (rju) (Entered: 08/05/2024)
2024-08-0816ORDER FOR ADMISSION PRO HAC VICE granting 15 Motion for Aamra S. Ahmad to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 8/8/2024) (ks) (Entered: 08/08/2024)
2024-08-1617NOTICE OF COURT CONFERENCE: Initial Conference set for 9/3/2024 at 11:30 AM before Judge Jed S. Rakoff. The dial-in information for the call will be as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415. SO ORDERED (Signed by Judge Jed S. Rakoff on 8/16/2024) (ks) (Entered: 08/16/2024)
2024-08-2718SUMMONS RETURNED EXECUTED. Department of Justice served on 8/23/2024, answer due 9/13/2024. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation..(Ahmad, Aamra) (Entered: 08/27/2024)
2024-08-2719SUMMONS RETURNED EXECUTED. Federal Bureau of Investigation served on 8/23/2024, answer due 9/13/2024. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation..(Ahmad, Aamra) (Entered: 08/27/2024)
2024-08-2720SUMMONS RETURNED EXECUTED. Department of Homeland Security served on 8/22/2024, answer due 9/12/2024. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation..(Ahmad, Aamra) (Entered: 08/27/2024)
2024-08-2821AFFIDAVIT OF SERVICE of Copy of Complaint and Summonses served on the Attorney General of the United States on 8/23/2024. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Ahmad, Aamra) (Entered: 08/28/2024)
2024-08-2822AFFIDAVIT OF SERVICE of Copy of Complaint and Summonses served on the Civil Process Clerk of the Southern District of New York on 8/21/2024. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Ahmad, Aamra) (Entered: 08/28/2024)
2024-08-2923NOTICE OF APPEARANCE by Alexander Kristofcak on behalf of Department of Homeland Security, Department of Justice, Federal Bureau of Investigation..(Kristofcak, Alexander) (Entered: 08/29/2024)
2024-08-30Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Telephone Conference set for 9/17/2024 at 11:00 AM before Judge Jed S. Rakoff.The public may access this proceeding by dialing :USA toll free 888-363-4735, international caller paid 215-446-3657, Access code 1086415). (Kotowski, Linda) (Entered: 08/30/2024)
2024-08-3024NOTICE OF APPEARANCE by Rebecca Lynn Salk on behalf of Department of Homeland Security, Department of Justice, Federal Bureau of Investigation..(Salk, Rebecca) (Entered: 08/30/2024)
2024-09-17Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/17/2024, the Court orders the parties to submit a scheduling report by 10/31/2024 ( Telephone Conference set for 11/1/2024 at 11:00 AM before Judge Jed S. Rakoff.) The public may access this proceeding by dialing :USA toll free 888-363-4735, international caller paid 215-446-3657, Access code 1086415 (Kotowski, Linda) (Entered: 09/17/2024)
2024-10-2125ANSWER to 1 Complaint,. Document filed by Department of Justice, Federal Bureau of Investigation, Department of Homeland Security..(Kristofcak, Alexander) (Entered: 10/21/2024)
2024-10-3126STATUS REPORT. and Proposed Summary Judgment Briefing Schedule Document filed by Department of Justice, Federal Bureau of Investigation, Department of Homeland Security..(Salk, Rebecca) (Entered: 10/31/2024)
2024-11-01Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/1/2024. The Court confirms the submission dates as listed in the Status Report filed on ECF. The Government's opening brief due 1/31/2025, Plaintiff's opposition brief/cross motion due 2/28/2025, Government's reply/opposition brief due 3/28/2025, plaintiff's reply due 4/25/2025. (Kotowski, Linda) (Entered: 11/01/2024)
2025-01-30Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Evidentiary Hearing set for 2/3/2025 at 02:00 PM before Judge Jed S. Rakoff.). in courtroom 14B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York City, New York. (Kotowski, Linda) (Entered: 01/30/2025)
2025-02-03Minute Entry for proceedings held before Judge Jed S. Rakoff: Scheduling Conference held on 2/3/2025. Counsel for both sides was present and a court reporter. (Kotowski, Linda) (Entered: 02/05/2025)
2025-04-0427NOTICE OF APPEARANCE by Sara Robinson on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Robinson, Sara) (Entered: 04/04/2025)
2025-04-0428MOTION for Aamra Ahmad to Withdraw as Attorney . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Ahmad, Aamra) (Entered: 04/04/2025)
2025-04-0829MEMO ENDORSEMENT granting 28 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 4/8/2025) Attorney Aamra Ahmad terminated (ks) (Entered: 04/08/2025)
2025-04-0930TRANSCRIPT of Proceedings re: CONFERENCE held on 11/1/2024 before Judge Jed S. Rakoff. Court Reporter/Transcriber: George Malinowski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/30/2025. Redacted Transcript Deadline set for 5/12/2025. Release of Transcript Restriction set for 7/8/2025..(McGuirk, Kelly) (Entered: 04/09/2025)
2025-04-0931NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/1/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 04/09/2025)
2025-04-11Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/11/2025 without transcription or recording. Counsel for all parties were present. The Court grants The Governments request -- consented to by the ACLU -- to bifurcate briefing on summary judgment. Specifically, the briefing schedule will remain the same with respect to all agency components except for the Office for Civil Rights and Civil Liberties of the Department of Homeland Security. For that agency component, the governments deadline for its opening brief is May 14, 2025. The ACLUs deadline for its brief in opposition and any cross-motion for summary judgment is May 28, 2025. The Government may then file a reply brief and an opposition brief to any motion filed by the ACLU by June 11, 2025. The ACLU may then submit a reply brief by June 18, 2025.. (Kotowski, Linda) (Entered: 04/18/2025)
2025-04-1432TRANSCRIPT of Proceedings re: CONFERENCE held on 2/3/2025 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Lisa Picciano Franko, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/5/2025. Redacted Transcript Deadline set for 5/15/2025. Release of Transcript Restriction set for 7/14/2025..(McGuirk, Kelly) (Entered: 04/14/2025)
2025-04-1433NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/3/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 04/14/2025)
2025-04-1434MOTION for Summary Judgment . Document filed by Department of Homeland Security, Department of Justice, Federal Bureau of Investigation..(Salk, Rebecca) (Entered: 04/14/2025)
2025-04-1435MEMORANDUM OF LAW in Support re: 34 MOTION for Summary Judgment . . Document filed by Department of Homeland Security, Department of Justice, Federal Bureau of Investigation..(Salk, Rebecca) (Entered: 04/14/2025)
2025-04-1436DECLARATION of Patrick Howard in Support re: 34 MOTION for Summary Judgment .. Document filed by Department of Homeland Security, Department of Justice, Federal Bureau of Investigation..(Salk, Rebecca) (Entered: 04/14/2025)
2025-04-1437DECLARATION of Tiffanie Woodland in Support re: 34 MOTION for Summary Judgment .. Document filed by Department of Homeland Security, Department of Justice, Federal Bureau of Investigation. (Attachments: # 1 Exhibit A - Ack Letter).(Salk, Rebecca) (Entered: 04/14/2025)
2025-04-1438DECLARATION of Catrina Pavlik-Keenan in Support re: 34 MOTION for Summary Judgment .. Document filed by Department of Homeland Security, Department of Justice, Federal Bureau of Investigation..(Salk, Rebecca) (Entered: 04/14/2025)
2025-04-1439DECLARATION of Meekia Windham in Support re: 34 MOTION for Summary Judgment .. Document filed by Department of Homeland Security, Department of Justice, Federal Bureau of Investigation..(Salk, Rebecca) (Entered: 04/14/2025)
2025-04-1540DECLARATION of Fernando Pineiro in Support re: 34 MOTION for Summary Judgment .. Document filed by Department of Homeland Security, Department of Justice, Federal Bureau of Investigation..(Salk, Rebecca) (Entered: 04/15/2025)
2025-04-1541DECLARATION of David O'Dowd in Support re: 34 MOTION for Summary Judgment .. Document filed by Department of Homeland Security, Department of Justice, Federal Bureau of Investigation..(Salk, Rebecca) (Entered: 04/15/2025)
2025-04-1542AFFIRMATION of Michael Seidel in Support re: 34 MOTION for Summary Judgment .. Document filed by Department of Homeland Security, Department of Justice, Federal Bureau of Investigation. (Attachments: # 1 Exhibit A - Plaintiffs FOIA Request, # 2 Exhibit B - June 5, 2024 Ltr. (1), # 3 Exhibit C - June 5, 2024 Ltr. (2), # 4 Exhibit D - June 5, 2024 Ltr. (3), # 5 Exhibit E - June 5, 2024 Ltr. (4), # 6 Exhibit F - June 26, 2024 Email, # 7 Exhibit G - Plaintiffs' Appeal, # 8 Exhibit H - Receipt of Appeal, # 9 Exhibit I - FBI Acknowledgement, # 10 Exhibit J - Sept. 10, 2024 Ltr., # 11 Exhibit K - Feb. 28, 2025 Release, # 12 Exhibit L - Mar. 31, 2025 Release, # 13 Exhibit M - April 8, 2025 Release, # 14 Exhibit N - Vaughn Index, # 15 Exhibit O - Molen Declaration (USMS), # 16 Exhibit P - Esteves Declaration (TSA)).(Salk, Rebecca) (Entered: 04/15/2025)
2025-04-2343STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Department of Justice, Federal Bureau of Investigation and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Robinson, Sara) (Entered: 04/23/2025)
2025-04-24***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 43 Stipulation of Voluntary Dismissal,, was reviewed and referred to Judge Jed S. Rakoff for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (nd) (Entered: 04/24/2025)
2025-04-2544STIPULATION OF VOLUNTARY PARTIAL DISMISSAL WITHOUTPREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs American Civil Liberties Union and American Civil Liberties Union Foundation and Defendants Department of Justice ("DOJ"), Federal Bureau of Investigation ("FBI"), and Department of Homeland Security ("DHS"), by and through their counsel, that the above-captioned action brought pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, is voluntarily dismissed without prejudice against DOJ, FBI, and all DHS components except the DHS Office of Civil Rights and Civil Liberties pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). Each side will bear its own attorneys' fees and costs with respect to the dismissed claims. SO ORDERED (Signed by Judge Jed S. Rakoff on 4/24/2025) (ks) (Entered: 04/25/2025)
2025-05-12Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/12/2025 without transcription or recording. Counsel for all parties were present. The Court grants the governments unopposed request for a 30-day extension to file summary judgment briefing in order for DHS to complete the processing of the documents in question.. (Kotowski, Linda) (Entered: 05/13/2025)
2025-06-1345MOTION for Summary Judgment . Document filed by Department of Homeland Security..(Salk, Rebecca) (Entered: 06/13/2025)
2025-06-1346MEMORANDUM OF LAW in Support re: 45 MOTION for Summary Judgment . . Document filed by Department of Homeland Security..(Salk, Rebecca) (Entered: 06/13/2025)
2025-06-1347DECLARATION of Catrina M. Pavlik-Keenan in Support re: 45 MOTION for Summary Judgment .. Document filed by Department of Homeland Security..(Salk, Rebecca) (Entered: 06/13/2025)
2025-06-25Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/25/2025 without transcription or recording. Counsel for all parties were present. The Court grants Plaintiffs unopposed request for an extension of time to file their opposition and cross-motion for summary judgment. Plaintiffs papers are now due July 9, 2025, and the Governments reply papers are due July 21, 2025. (Kotowski, Linda) (Entered: 06/25/2025)
2025-07-0848STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Department of Homeland Security, Department of Justice, Federal Bureau of Investigation and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Robinson, Sara) (Entered: 07/08/2025)
2025-07-0949STIPULATION OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs American Civil Liberties Union and American Civil Liberties Union Foundation and Defendants Department of Justice ("DOJ"), Federal Bureau of Investigation ("FBI"), and Department of Homeland Security ("DHS"), by and through their counsel, that the above-captioned action brought pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, is voluntarily dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A) (ii). Each side will bear its own attorneys' fees and costs. SO ORDERED (Signed by Judge Jed S. Rakoff on 7/9/2025) (ks) (Entered: 07/09/2025)
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