Case Detail

FOIA Project Annotation: Judge Christopher Cooper has ruled that the CIA properly withheld documents concerning its polygraph testing under Exemption 1 (national security), Exemption 3 (other statutes), and Exemption 5 (deliberative process privileges), although it has not yet shown whether it applied Section 6 of the Central Intelligence Act too broadly. In response to a series of requests from Kathryn Sack, a Ph.D. student at the University of Virginia, for records concerning its use of polygraphs, Sack ultimately focused on exemption claims for a handful of documents. Sack argued the agency had not shown why polygraph tests qualified as intelligence sources and methods protected under Exemption 1. But Cooper pointed out that "polygraphing job applicants can credibly be said to protect against individuals illegally using or revealing classified information obtained after misrepresenting their reasons for applying to the Agency, which falls within the CIA's 'broad power to protect the secrecy and integrity of the intelligence process.' . .Moreover, the CIA uses polygraphs when interviewing witnesses directly in the intelligence gathering process. Requiring the Agency to reveal its polygraph techniques thus would compromise its ability to use polygraphs in this capacity as well." Cooper found the agency had properly claimed that records were protected under Section 102(A)(i)(1) of the National Security Act, but found that since the Central Intelligence Act prohibition applied only to agency personnel and not the agency itself the agency was required to provide more specifics about its claims under that statute. Sack contended that records concerning a Blue Ribbon Panel on polygraphs did not qualify under the deliberative process privilege because they were created after the report. However, Cooper noted that the agency's affidavit explained that "the withheld documents are drafts, not the final version, and were part of the Agency's ongoing process of evaluating recommendations made by the Blue Ribbon Panel and assessing programmatic changes.' Drafts such as these reflecting internal evaluations of expert recommendations fall within the deliberative process privilege covered by Exemption 5." Sack questioned the agency's segregability analysis because it said no information could be segregated even for documents that had been redacted. But Cooper pointed out that "while the internal inconsistency of the CIA's statement that it could not segregate non-exempt material in documents where it did just that may reflect carelessness in the preparation of its Vaughn index, the statement alone is insufficient, under the circumstances of this case, to overcome the presumption of good faith accorded to the Agency."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 3 - Limited agency discretion, Exemption 1 - Properly classified, Exemption 5 - Privileges - Deliberative process privilege - Predecisional

FOIA Project Annotation: Judge Christopher Cooper has ruled that Kathryn Sack missed her deadline for filing an appeal in her FOIA case against the CIA. Sack argued that the time for filing an appeal should be extended in this case because the parties were in the middle of negotiations on the issue of attorney's fees when the deadline expired. But, Cooper noted, while Sack had filed a motion for an extension of time, she had not filed a motion for attorney's fees, a prerequisite for granting an extension under Rule 58(e) of the Federal Rules of Civil Procedure. He observed that "neither her request for an extension nor the parties' settlement of attorneys' fees can be treated as a motion for attorneys' fees. The Federal Rules contain no ambiguity warranting such a magical transformation, and Sack's argument that policy considerations favor settlement cannot trump the mandatory, and jurisdictional, rules that apply to appeal deadlines." Sack argued that Rule 58(e) allowed courts of appeal to hear all issues involved in a suit. Cooper indicated, however, that "these are policy arguments for rewriting the Federal Rules, something the Court is in no position to do."
Issues: Litigation - Jurisdiction

Date Filed	Doc #	Docket Text
2012-04-06	1	COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE ( Filing fee $ 350, receipt number 4616047328) filed by KATHRYN SACK. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 04/09/2012)
2012-04-06		SUMMONS (7) Issued as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 04/09/2012)
2012-04-11		MINUTE ORDER: Plaintiff is directed to refile a complete civil cover sheet within seven (7) days of the date of this order. Signed by Judge Robert L. Wilkins on 4/11/2012. (tcb) (Entered: 04/11/2012)
2012-04-11	2	NOTICE (Civil Cover Sheet) by KATHRYN SACK (McClanahan, Kelly) (Entered: 04/11/2012)
2012-04-16	3	ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/13/12., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/12/2012. ( Answer due for ALL FEDERAL DEFENDANTS by 5/12/2012.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 4/16/2012; DEPARTMENT OF DEFENSE served on 4/13/2012; DEPARTMENT OF JUSTICE served on 4/13/2012; OFFICE OF PERSONNEL MANAGEMENT served on 4/13/2012; OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE served on 4/16/2012 (McClanahan, Kelly) Modified on 4/17/2012 (rdj). (Entered: 04/16/2012)
2012-04-17		NOTICE OF CORRECTED DOCKET ENTRY: re 3 Summons Returned Executed as to U.S. Attorney General, Summons Returned Executed in FOIA as to U.S. Attorney, Summons Returned Executed as to Federal Defendant was entered in error no heading describing nature of the pleading pursuant to LCvr 5.1(f) and counsel is instructed to refile said pleading. (rdj) (Entered: 04/17/2012)
2012-04-21	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/13/12., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/12/2012. ( Answer due for ALL FEDERAL DEFENDANTS by 5/12/2012.) (Attachments: # 1 Exhibit)(McClanahan, Kelly) (Entered: 04/21/2012)
2012-05-11	5	NOTICE of Appearance by Jeremy S. Simon on behalf of CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Simon, Jeremy) (Entered: 05/11/2012)
2012-05-11	6	Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/11/2012)
2012-05-14	7	ORDER granting 6 Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint; and it is FURTHER ORDERED that Defendants shall have to, and including, July 13, 2012, to answer or otherwise respond to the Complaint. Signed by Judge Robert L. Wilkins on 5/14/2012. (tcb) (Entered: 05/14/2012)
2012-07-11	8	FIRST AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE filed by KATHRYN SACK.(nmw, ) (Entered: 07/12/2012)
2012-07-12	9	MOTION to Sever for Improper Joinder and for Extension of Time to Answer Amended Complaint Pending Resolution of this Motion by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Proposed Order)(Simon, Jeremy). Added MOTION for Extension of Time on 7/13/2012 (znmw, ). (Entered: 07/12/2012)
2012-07-17		MINUTE ORDER: The parties shall appear on October 19, 2012 in Courtroom 17 at 3:00 PM for a hearing on the Defendants 9 MOTION to Sever for Improper Joinder and for Extension of Time to Answer Amended Complaint Pending Resolution of this Motion. Signed by Judge Robert L. Wilkins on 7/17/2012. (tcb) (Entered: 07/17/2012)
2012-07-18		MINUTE ORDER: Defendants' obligations to answer or otherwise respond to Plaintiff's complaint are hereby stayed pending resolution of Defendants' Motion to Sever 9 . Signed by Judge Robert L. Wilkins on 7/18/12. (lcrlw1) (Entered: 07/18/2012)
2012-07-23	10	MOTION for Reconsideration re Order, Order, Set Hearings,, , MOTION to Clarify by KATHRYN SACK (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/23/2012)
2012-07-25		MINUTE ORDER: denying without prejudice 10 Plaintiff's Motion for Reconsideration. All briefing on Defendant's Motion to Sever 9 shall proceed as required by the Local Rules. Signed by Judge Robert L. Wilkins on 7/25/12. (lcrlw1) (Entered: 07/25/2012)
2012-07-30	11	Memorandum in opposition to re 9 MOTION to Sever for Improper Joinder and for Extension of Time to Answer Amended Complaint Pending Resolution of this Motion MOTION for Extension of Time to filed by KATHRYN SACK. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/30/2012)
2012-07-31	12	ERRATA by KATHRYN SACK 11 Memorandum in Opposition, filed by KATHRYN SACK. (McClanahan, Kelly) (Entered: 07/31/2012)
2012-08-09	13	REPLY to opposition to motion re 9 MOTION to Sever for Improper Joinder and for Extension of Time to Answer Amended Complaint Pending Resolution of this Motion MOTION for Extension of Time to filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Simon, Jeremy) (Entered: 08/09/2012)
2012-10-19		Minute Entry for proceedings held before Judge Robert L. Wilkins: Motion Hearing held and concluded on 10/19/2012 re Defendants' 9 MOTION to Sever for Improper Joinder and for Extension of Time to Answer Amended Complaint Pending Resolution of this Motion; Argument Heard and GRANTED for reasons stated on the record in open court. The parties are directed to meet and confer and submit a proposed order as to the Court ruling by close of business, Monday, October 22, 2012. (Court Reporter Rebecca Stonestreet) (tcb) (Entered: 10/19/2012)
2012-10-20	14	NOTICE OF SUPPLEMENTAL AUTHORITY by KATHRYN SACK (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(McClanahan, Kelly) (Entered: 10/20/2012)
2012-10-22	15	NOTICE of Filing by KATHRYN SACK re Motion Hearing,, (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/22/2012)
2012-10-22	16	NOTICE of Proposed Order by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Defendants' Proposed Order)(Simon, Jeremy) (Entered: 10/22/2012)
2012-10-24	17	ORDER granting 9 MOTION to Sever for Improper Joinder and for Extension of Time to Answer Amended Complaint Pending Resolution of this Motion;and it is FURTHER ORDERED that the claims asserted against the Department of Defense (or its components), the Department of Justice (or its components), the Office of Personnel Management (or its components) and the Office of the Director of National Intelligence (or its components) are dismissed from the instant lawsuit without prejudice and, to the extent Plaintiff wishes to proceed with these claims, Plaintiff shall re-file the claims in four separate lawsuits,one against the Department of Defense with respect to the claims against that agency or its components, one against the Department of Justice with respect to the claims against that agency or its components, one against the Office of Personnel Management with respect to the claims against that agency or its components, and one against the Office of the Director of National Intelligence with respect to the claims against that agency or its components; and it is FURTHER ORDERED that Plaintiff is directed to note on the civil cover sheet with respect to each of these four separate lawsuits that the lawsuits are related to the instant case, Case No. 12-0537 (RLW), which will continue to proceed but only as to the claims asserted against the Central Intelligence Agency as reflected in Counts 1, 2, 3, 4, and 29 of the First Amended Complaint in that action;1 and it is FURTHER ORDERED that the Central Intelligence Agency shall answer or otherwise respond to the First Amended Complaint under Rule 12 of the Federal Rules of Civil Procedure on or before November 19, 2012; and it is FURTHER ORDERED that the deadline to answer or otherwise respond under Rule 12 of the Federal Rules of Civil Procedure to any Complaint in any newly-filed action shall be 30days after service as set forth in 5 U.S.C. § 552(a)(4)(C). Signed by Judge Robert L. Wilkins on 10/24/2012. (tcb) (Entered: 10/24/2012)
2012-11-19	18	ANSWER to 8 Amended Complaint by CENTRAL INTELLIGENCE AGENCY. Related document: 8 Amended Complaint filed by KATHRYN SACK.(Simon, Jeremy) (Entered: 11/19/2012)
2012-11-29		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCVR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule should address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and order not later than December 14, 2012. Signed by Judge Robert L. Wilkins on 11/29/12. (lcrlw1) (Entered: 11/29/2012)
2012-11-29		Set/Reset Deadlines: Parties Status Report due by 12/14/2012. (clv, ) (Entered: 11/29/2012)
2012-12-14	19	STATUS REPORT (Joint Status Report and Proposed Schedule) by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Plaintiff's Proposed Order, # 2 Defendant's Proposed Order)(Simon, Jeremy) (Entered: 12/14/2012)
2012-12-17	20	ORDER: Upon consideration of the parties Joint Status Report and Proposed Briefing Schedule, and the entire record herein, it is hereby ORDERED that the following schedule for the briefing of dispositive motions will applyto this matter: CIAs Motion for Summary Judgment due by 2/28/2013. Plaintiffs Combined Opposition and Cross-Motion due by 3/29/2013. Combined Reply in Support of CIAs Motion and in Opposition to Plaintiffs Cross-Motion by 4/30/2013. Reply in Support of Plaintiffs Cross-Motion due by 5/30/2013. Signed by Judge Robert L. Wilkins on 12/17/2012. (tcb) (Entered: 12/17/2012)
2013-02-04	21	NOTICE OF RELATED CASE by KATHRYN SACK. Case related to Case No. 12-244. (Attachments: # 1 Exhibit A - Lo-McClanahan email)(McClanahan, Kelly) (Entered: 02/04/2013)
2013-02-05		MINUTE ORDER: It is hereby ORDERED that the Defendants are directed to file any response to the Notice of Related Case at DKT# 21 by Friday, February 8, 2013 at 5:00 PM and any reply shall be due by no later than 12:00 PM on, Tuesday, February 12, 2013; and it is FURTHER ORDERED that the parties shall appear on Wednesday, February 13, 2013 at 9:30 AM in Courtroom 27A for a status hearing. Signed by Judge Robert L. Wilkins on 2/5/2013. (tcb) (Entered: 02/05/2013)
2013-02-08	22	RESPONSE re 21 Notice of Related Case filed by CENTRAL INTELLIGENCE AGENCY. (Simon, Jeremy) (Entered: 02/08/2013)
2013-02-12	23	REPLY re 21 Notice of Related Case filed by KATHRYN SACK. (Attachments: # 1 Exhibit A - McClanahan-Simon email)(McClanahan, Kelly) (Entered: 02/12/2013)
2013-02-19		MINUTE ORDER: The Court has reviewed Plaintiff's 21 Notice of Related Case, along with Defendant's Response 22 and Plaintiff's Reply 23 , and upon careful consideration of those filings and the arguments of counsel during the hearing on February 13, 2013, the Court has determined that this matter is not related to Civil Case No. 12-cv-244 within the meaning of Local Civil Rule 40.5(a)(1). Accordingly, the Court will take no further action in response to Plaintiffs Notice of Related Case at this time. Signed by Judge Robert L. Wilkins on 02/19/2013. (lcrlw3) (Entered: 02/19/2013)
2013-02-25	24	Consent MOTION for Extension of Time to File Motion for Summary Judgment and for Adjustment of Related Briefing Deadlines by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/25/2013)
2013-02-26	25	ORDER granting Defendant's 24 Consent Motion for Extension of Time. It is HEREBY ORDERED that the summary judgment briefing schedule in this matter is modified as follows: CIA's Motion for Summary Judgment due by 4/16/2013; Plaintiff's Opposition to CIA's Motion for Summary Judgment and Cross-Motion for Summary Judgment (if any) due by 5/22/2013; and CIA's Reply in Support of CIA's Motion and Opposition to Plaintiff's Cross-Motion (if any) due by 6/20/2013. Signed by Judge Robert L. Wilkins on 2/26/2013. (lcrlw3) (Entered: 02/26/2013)
2013-02-26		Set Deadlines: Summary Judgment motions due by 4/16/2013; Response to Motion for Summary Judgment due by 5/22/2013 and Cross Motions due by 5/22/2013. Reply to Motion for Summary Judgment due by 6/20/2013 and response to cross Motions due by 6/20/2013. (tj) (Entered: 02/26/2013)
2013-04-16	26	MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Proposed Order, # 2 Declaration of Martha M. Lutz (including Exhibits A through R), # 3 Exhibit S to Lutz Declaration, # 4 Declaration of John F. Hackett)(Simon, Jeremy) (Entered: 04/16/2013)
2013-05-22	27	Consent MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by KATHRYN SACK (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/22/2013)
2013-05-23	28	MINUTE ORDER granting 27 Motion for Extension of Time to File Response/Reply re 26 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum ; Set/Reset Deadlines: Responses due by 5/28/2013 Replies due by 6/27/2013. Signed by Judge Robert L. Wilkins on 5/23/2013. (Wilkins, Robert) (Entered: 05/23/2013)
2013-05-28	29	Consent MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by KATHRYN SACK (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/28/2013)
2013-05-29	30	ORDER granting 29 Consent MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment, Local Rule 7(h) Statement and Supporting Memorandum. Signed by Judge Robert L. Wilkins on 5/29/2013. (tcb) (Entered: 05/29/2013)
2013-05-31	31	Consent MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum (Nunc Pro Tunc) by KATHRYN SACK (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/31/2013)
2013-05-31	32	Memorandum in opposition to re 26 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by KATHRYN SACK. (Attachments: # 1 Exhibit A - Partial releases, # 2 Text of Proposed Order)(McClanahan, Kelly) Modified on 6/5/2013 (ztcb, ). Filed Nunc Pro Tunc to 5/30/2013, pursuant to Minute Order filed 06/05/2013 (Entered: 05/31/2013)
2013-06-05		MINUTE ORDER granting 31 Consent MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment, Local Rule 7(h) Statement and Supporting Memorandum (Nunc Pro Tunc). Signed by Judge Robert L. Wilkins on 6/5/2013. (tcb) (Entered: 06/05/2013)
2013-06-24	33	Consent MOTION for Extension of Time to File Reply in Support of Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 06/24/2013)
2013-06-25	34	ORDER granting 33 Consent MOTION for Extension of Time to File Reply in Support of Motion for Summary Judgment ; and it is FURTHER ORDERED that Defendant shall have to, and including, July 29, 2013, tofile its reply in support of its motion for summary judgment. Signed by Judge Robert L. Wilkins on 6/25/2013. (tcb) (Entered: 06/25/2013)
2013-07-29	35	REPLY to opposition to motion re 26 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Supplemental Declaration of Martha M. Lutz)(Simon, Jeremy) (Entered: 07/29/2013)
2013-08-18	36	NOTICE OF SUPPLEMENTAL AUTHORITY by KATHRYN SACK (McClanahan, Kelly) (Entered: 08/18/2013)
2013-08-26	37	RESPONSE re 36 NOTICE OF SUPPLEMENTAL AUTHORITY filed by CENTRAL INTELLIGENCE AGENCY. (Simon, Jeremy) (Entered: 08/26/2013)
2014-01-24		Case reassigned to the Calendar Committee who will oversee it until it is reassigned to another judge. Judge Robert L. Wilkins has been elevated to the U.S. Court of Appeals for DC and is no longer assigned to the case. Any questions should be directed to Terri Barrett, formerly Judge Wilkins deputy clerk, at 202-354-3179 or terri_barrett@dcd.uscourts.gov. (tcb) (Entered: 01/24/2014)
2014-01-28	38	NOTICE (Letter to Calendar and Case Management Committee) by KATHRYN SACK (McClanahan, Kelly) (Entered: 01/28/2014)
2014-02-04	39	RESPONSE re 38 Notice (Other) (Plaintiff's Letter to Calendar and Case Management Committee) filed by CENTRAL INTELLIGENCE AGENCY. (Simon, Jeremy) (Entered: 02/04/2014)
2014-04-07		Case directly reassigned to Judge Christopher R. Cooper. Calendar Committee no longer assigned to the case. (gt, ) (Entered: 04/07/2014)
2014-04-08	40	TRANSCRIPT OF PROCEEDINGS before Judge Robert L. Wilkins held on October 19, 2012; Page Numbers: 1 - 50. Date of Issuance:April 8, 2014. Court Reporter/Transcriber Rebecca Stonestreet, Court Reporter Email Address : rrstonestreet@aol.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 4/29/2014. Redacted Transcript Deadline set for 5/9/2014. Release of Transcript Restriction set for 7/7/2014.(Stonestreet, Rebecca) (Entered: 04/08/2014)
2014-04-17	41	AMENDED TRANSCRIPT OF MOTION HEARING before Judge Robert L. Wilkins, held on October 19, 2012. Page Numbers: 1-50. Date of Issuance: 4/17/14. Court Reporter: Rebecca Stonestreet. Court Reporter email address: rrstonestreet@aol.com. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 5/8/2014. Redacted Transcript Deadline set for 5/18/2014. Release of Transcript Restriction set for 7/16/2014.(Wayne, Bryan) (Entered: 04/17/2014)
2014-06-17	42	Memorandum Opinion Re. 26 Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 6/17/2014. (lccrc1, ) . (Entered: 06/17/2014)
2014-06-17	43	ORDER granting in part and denying in part 26 Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 6/17/2014. (lccrc1, ) (Entered: 06/17/2014)
2014-06-25	44	Consent MOTION for Extension of Time to File Supplemental Submission Described in the Court's Order Dated June 17, 2014 by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 06/25/2014)
2014-06-26		MINUTE ORDER granting 44 Consent Motion for Extension of Time. It is further ORDERED that Defendant shall have to, and including, July 23, 2014, to file the supplemental submission described in the Court's order dated June 17, 2014. Signed by Judge Christopher R. Cooper on 6/26/2014. (lccrc1, ) (Entered: 06/26/2014)
2014-07-23	45	SUPPLEMENTAL MEMORANDUM to Defendant's Motion for Summary Judgment Pursuant to the Court's Order of June 17, 2014 filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Second Supplemental Declaration of Martha M. Lutz and Second Supplemental Vaughn Index)(Simon, Jeremy) (Entered: 07/23/2014)
2014-08-04	46	RESPONSE re 26 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by KATHRYN SACK. (Attachments: # 1 Exhibit B - Security clearances reg, # 2 Exhibit C - EEO reg, # 3 Exhibit D - DCI Daybook)(McClanahan, Kelly) (Entered: 08/04/2014)
2014-09-16	47	OPINION and ORDER: For the reasons stated in the Opinion and Order, it is hereby ORDERED that the CIAs renewed motion for summary judgment is GRANTED in part and DENIED in part. It is furtherORDERED that the Defendant must disclose any otherwise non-exempt information in Vaughn Index Docs. 26 & 31 withheld pursuant to Exemption 3 based on the agencys overly-broad reading of the CIA Act on or before September 30, 2014. It is further ORDERED that, on or before September 30, 2014, the Defendant shall either: (1) provide a supplemental memorandum justifying its withholding of portions of Vaughn Index Docs. 31 & 94 pursuant to the National Security Act and submit an unredacted version of those documents for in camera review; or (2) disclose the withheld information to Plaintiff. Signed by Judge Christopher R. Cooper on 9/16/2014.(lccrc1, ) (Entered: 09/16/2014)
2014-09-24	48	Consent MOTION for Extension of Disclosure Deadline and Supplementation Deadline in the September 16 Order by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 09/24/2014)
2014-09-25		MINUTE ORDER: Defendant's 48 Consent Motion for Extension of the Disclosure Deadline is granted. It is FURTHER ORDERED that Defendant shall disclose any otherwise non-exempt information in Vaughn Index Docs 26 & 31 withheld pursuant to Exemption 3 based on the CIA Act, as set forth in the Court's order of September 16, 2014, on or before November 20, 2014. It is FURTHER ORDERED that the Defendant shall provide a supplemental memorandum and in camera submission with respect to its withholding of portions of Vaughn Index Docs. 31 & 94 pursuant to the National Security Act or else disclose those portions, as set forth in the Court's order of September 16, 2014, on or before November 20, 2014. Plaintiff shall have until December 16, 2014 to file a response to any supplemental submission. Signed by Judge Christopher R. Cooper on 9/25/2014. (lccrc1, ) (Entered: 09/25/2014)
2014-11-18	49	Consent MOTION for Extension of Disclosure Deadline and Supplementation Deadline in the September 16 Order by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 11/18/2014)
2014-11-19		ORDER granting 49 Consent Motion for Extension of the Disclosure Deadline. It is FURTHER ORDERED that Defendant shall disclose any otherwise non-exempt information in Vaughn Index Docs 26 & 31 withheld pursuant to Exemption 3 based on the CIA Act, as set forth in the Court's order of September 16, 2014, on or before December 4, 2014. It is FURTHER ORDERED that the Defendant shall provide a supplemental memorandum and in camera submission with respect to its withholding of portions of Vaughn Index Docs. 31 & 94 pursuant to the National Security Act or else disclose those portions, as set forth in the Court's order of September 16, 2014, on or before December 4, 2014. Plaintiff shall have until January 6, 2015 to file a response to any supplemental submission. Signed by Judge Christopher R. Cooper on 11/19/2014. (lccrc1, ) (Entered: 11/19/2014)
2014-12-02	50	Joint MOTION to Vacate Disclosure and Supplementation Deadline in the September 16 Order as Modified by Order Dated November 19, 2014 by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 12/02/2014)
2014-12-02		MINUTE ORDER granting 50 Joint Motion to Vacate Disclosure and SupplementationDeadline. It is further ORDERED that the parties shall submit a status report on or before January 15, 2015. Signed by Judge Christopher R. Cooper on 12/2/2014. (lccrc1, ) (Entered: 12/02/2014)
2015-01-14	51	Consent MOTION for Extension of Time to File Joint Status Report by KATHRYN SACK (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 01/14/2015)
2015-01-21		MINUTE ORDER granting 51 Motion for Extension of Time to File Joint Status Report. The parties shall file a joint status report on or before February 16, 2015. Signed by Judge Christopher R. Cooper on 1/21/2015. (lccrc1, ) (Entered: 01/21/2015)
2015-02-08	52	TRANSCRIPT OF PROCEEDINGS before Judge Robert L. Wilkins held on February 13, 2013; Page Numbers: 1 - 20. Date of Issuance:February 9, 2015. Court Reporter/Transcriber Rebecca Stonestreet, Court Reporter Email Address : rrstonestreet@aol.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 3/1/2015. Redacted Transcript Deadline set for 3/11/2015. Release of Transcript Restriction set for 5/9/2015.(Stonestreet, Rebecca) (Entered: 02/08/2015)
2015-02-13	53	STATUS REPORT (Joint Status Report) by CENTRAL INTELLIGENCE AGENCY. (Simon, Jeremy) (Entered: 02/13/2015)
2015-02-26	54	STATUS REPORT (Joint Status Report) by CENTRAL INTELLIGENCE AGENCY. (Simon, Jeremy) (Entered: 02/26/2015)
2015-03-11	55	NOTICE of Settlement for Costs and Attorneys' Fees by CENTRAL INTELLIGENCE AGENCY (Simon, Jeremy) (Entered: 03/11/2015)
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