Case Detail

FOIA Project Annotation: A federal court in California has rejected Phillip Mosier's quixotic attempt to force the CIA to admit that it has records pertaining to him. Mosier asked for records about himself and indicated he had been interviewed by the CIA in 1966. In response, the agency admitted that it once had a security file on him, but that it had been destroyed in 1996. Otherwise, it told Mosier it would neither confirm nor deny the existence of records concerning him because the existence of any records was protected under both Exemption 1 (national security) and Exemption 3 (other statutes). Although the agency claimed that it was protecting sources and methods, Mosier argued that the admission that records about him existed did not fit within the definition of sources and methods. The court disagreed, noting that "here, it is logical and plausible that either confirming or denying the existence or nonexistence of records reflecting a classified connection between Plaintiff and the CIA could reveal intelligence methods, intelligence sources, and ongoing intelligence activities. Plaintiff is incorrect in asserting that the question of whether the CIA possesses responsive records does not fall within any category of classifiable information." The court found the same result when assessing the agency's Exemption 3 claim. "Requiring the CIA to disclose whether a classified relationship between Plaintiff and the Agency exists may reveal an intelligence source. In addition, inconsistent use of the Glomar Response would be incompatible with the CIA's efforts to keep its sources and methods free from unwarranted disclosure. In light of the Director's extensive power to protect these sources and methods, this Court concludes that the CIA's response to Plaintiff's FOIA request was proper under FOIA Exemption 3." The fact that the agency admitted to once having a security file on Mosier did little to help his case. The court noted that "plaintiff cannot demonstrate that the security file contained the same or even similar information as any classified information that may (or may not) exist and whose existence is protected by the Glomar Response." Accepting the adequacy of the Glomar response, the court pointed out that "inconsistent use of Glomar could. . .be interpreted as a de facto admission by the CIA that classified records exist. Here, the [agency's] declaration and its explanation regarding the CIA's use of Glomar Responses and the potential harm in disclosing the existence of classified relationships is logical and plausible."
Issues: Determination - Glomar response

Date Filed	Doc #	Docket Text
2012-12-26	1	COMPLAINT against Central Intelligence Agency ( Filing fee $ 350, receipt number 34611081777.). Filed byPhillip Mosier. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(gaS, COURT STAFF) (Filed on 12/26/2012) [Transferred from cand on 4/16/2013.] (Entered: 12/28/2012)
2012-12-26	2	MOTION to Compel filed by Phillip Mosier. Responses due by 1/9/2013. Replies due by 1/16/2013. (gaS, COURT STAFF) (Filed on 12/26/2012) [Transferred from cand on 4/16/2013.] (Entered: 12/28/2012)
2012-12-26	3	ADR SCHEDULING ORDER: Case Management Statement due by 3/21/2013. Case Management Conference set for 3/28/2013 10:00 AM in Courtroom B, 15th Floor, San Francisco.. Signed by Judge Maria-Elena James on 12/26/12. (Attachments: # 1 Standing Order)(gaS, COURT STAFF) (Filed on 12/26/2012) [Transferred from cand on 4/16/2013.] (Entered: 12/28/2012)
2013-01-08	4	CLERKS NOTICE DIRECTING PLAINTIFF TO FILE CONSENT OR DECLINATION. (rmm2S, COURT STAFF) (Filed on 1/8/2013) [Transferred from cand on 4/16/2013.] (Entered: 01/08/2013)
2013-01-10	5	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Phillip Mosier.. (Sofer, Avner) (Filed on 1/10/2013) [Transferred from cand on 4/16/2013.] (Entered: 01/10/2013)
2013-01-11	6	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (rmm2S, COURT STAFF) (Filed on 1/11/2013) [Transferred from cand on 4/16/2013.] (Entered: 01/11/2013)
2013-01-14	7	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Susan Illston for all further proceedings. Magistrate Judge Maria-Elena James no longer assigned to the case. Signed by Executive Committee on 1/14/13. (sv, COURT STAFF) (Filed on 1/14/2013) [Transferred from cand on 4/16/2013.] (Entered: 01/14/2013)
2013-01-15	8	Notice of Withdrawal of Motion to Compel Vaughn Index (Sofer, Avner) (Filed on 1/15/2013) [Transferred from cand on 4/16/2013.] (Entered: 01/15/2013)
2013-01-25	9	CLERKS NOTICE Initial Case Management Conference set for 3/29/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco. This is a docket text entry only, there is no document associated with this notice. (tfS, COURT STAFF) (Filed on 1/25/2013) [Transferred from cand on 4/16/2013.] (Entered: 01/25/2013)
2013-01-25	10	JUDGE ILLSTON'S STANDING ORDER (tfS, COURT STAFF) (Filed on 1/25/2013) [Transferred from cand on 4/16/2013.] (Entered: 01/25/2013)
2013-02-14	11	NOTICE by Phillip Mosier Notice of unavailability (Attachments: # 1 Certificate/Proof of Service)(Sofer, Avner) (Filed on 2/14/2013) [Transferred from cand on 4/16/2013.] (Entered: 02/14/2013)
2013-03-14	12	MOTION for Extension of Time to File Answer re 1 Complaint ADMINISTRATIVE MOTION TO EXTEND DEFENDANTS DEADLINE TO RESPOND TO PLAINTIFFS COMPLAINT; [PROPOSED] ORDER; DECLARATION OF JENNIFER S WANG filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A - B)(Wang, Jennifer) (Filed on 3/14/2013) [Transferred from cand on 4/16/2013.] (Entered: 03/14/2013)
2013-03-20	13	ORDER by Judge Susan Illston granting 12 Motion for Extension of Time to Answer. The Court, having considered the briefing on defendants administrative motion, here by orders that defendants deadline to file its response to the plaintiffs complaint is extended from March 19, 2013 to March 29, 2013. (tfS, COURT STAFF) (Filed on 3/20/2013) [Transferred from cand on 4/16/2013.] (Entered: 03/20/2013)
2013-03-22	14	STIPULATION WITH PROPOSED ORDER filed by Phillip Mosier. (Sofer, Avner) (Filed on 3/22/2013) [Transferred from cand on 4/16/2013.] (Entered: 03/22/2013)
2013-03-27	15	ORDER Initial Case Management Conference set for 3/29/13 is continued to 5/3/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 3/26/13., Motions terminated: 14 STIPULATION WITH PROPOSED ORDER filed by Phillip Mosier.(tfS, COURT STAFF) (Filed on 3/27/2013) [Transferred from cand on 4/16/2013.] (Entered: 03/27/2013)
2013-03-29	16	MOTION for Summary Judgment Defendant's Motion to Dismiss for Improper Venue, or Alternatively, for Summary Judgment filed by Central Intelligence Agency. Motion Hearing set for 6/14/2013 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 4/12/2013. Replies due by 4/19/2013. (Attachments: # 1 Declaration, # 2 Proposed Order)(Wang, Jennifer) (Filed on 3/29/2013) [Transferred from cand on 4/16/2013.] (Entered: 03/29/2013)
2013-04-02	17	CLERKS NOTICE Initial Case Management Conference set for May 3, 2013 is continued 6/28/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco. This is a docket text entry only, there is no document associated with this notice. (tfS, COURT STAFF) (Filed on 4/2/2013) [Transferred from cand on 4/16/2013.] (Entered: 04/02/2013)
2013-04-11	18	STIPULATION WITH PROPOSED ORDER to Transfer Venue filed by Phillip Mosier. (Sofer, Avner) (Filed on 4/11/2013) Modified on 4/12/2013 (ysS, COURT STAFF). [Transferred from cand on 4/16/2013.] (Entered: 04/11/2013)
2013-04-15	19	ORDER TRANSFERRING CASE to USDC for the Eastern District of California., Motions terminated: 18 STIPULATION WITH PROPOSED ORDER filed by Phillip Mosier, 16 MOTION for Summary Judgment Defendant's Motion to Dismiss for Improper Venue, or Alternatively, for Summary Judgment filed by Central Intelligence Agency.. Signed by Judge Susan Illston on 4/15/13. (tfS, COURT STAFF) (Filed on 4/15/2013) Modified on 4/16/2013 (ysS, COURT STAFF). [Transferred from cand on 4/16/2013.] (Entered: 04/15/2013)
2013-04-16		Remark: This action is e-transferred to USDC for the Eastern District of California. (ysS, COURT STAFF) (Filed on 4/16/2013) [Transferred from cand on 4/16/2013.] (Entered: 04/16/2013)
2013-04-16	20	CASE TRANSFERRED IN from District of California Northern; Case Number 3:12-cv-06527. (Entered: 04/16/2013)
2013-04-16	21	CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form, # 2 VDRP) (Robles, S) (Entered: 04/16/2013)
2013-04-16	22	CLERK'S NOTICE directing Attorney Avner David Sofer to submit Petition to Practice in the Eastern District of California. (Robles, S) (Entered: 04/16/2013)
2013-04-18	23	DESIGNATION of COUNSEL FOR SERVICE. Added attorney Yoshinori H. T. Himel for Central Intelligence Agency, attorney Jennifer S Wang terminated (Himel, Yoshinori) (Entered: 04/18/2013)
2013-04-29	24	STIPULATION for Initial 15-day Extension of Time to respond to Complaint by Central Intelligence Agency and Phillip Mosier. (Himel, Yoshinori) Modified on 5/1/2013 (Marciel, M) (Entered: 04/29/2013)
2013-04-30	25	NOTICE of Unavailability by Phillip Mosier. (Sofer, Avner) (Entered: 04/30/2013)
2013-05-02	26	MOTION for SUMMARY JUDGMENT by Central Intelligence Agency. Motion Hearing set for 5/30/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Declaration of Martha M. Lutz)(Himel, Yoshinori) (Entered: 05/02/2013)
2013-05-03	27	STIPULATION and proposed Order to Continue Motion for Summary Judgment by Phillip Mosier. (Sofer, Avner) (Entered: 05/03/2013)
2013-05-06	28	CERTIFICATE of SERVICE by Phillip Mosier. (Sofer, Avner) (Entered: 05/06/2013)
2013-05-06	29	SUMMONS RETURNED EXECUTED by Phillip Mosier. Central Intelligence Agency served on 5/6/2013, answer due 7/5/2013. (Sofer, Avner) (Entered: 05/06/2013)
2013-05-07	30	MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: The Court received the Stipulation and Proposed Order to Continue Motion for Summary Judgment (ECF No. 27). Pursuant to Local Rule 137(b), regarding the requirements for proper filing of a proposed order, you are required to email the proposed order (in WordPerfect or Microsoft Word) to chambers in addition to filing the pdf version via the CM/ECF system. Pursuant to Local Rule 101, the definition for "signature", you may enter /s/ for signatures for all counsel. Please submit your proposed order today, in word processing format to: mceorders@caed.uscourts.gov. (Deutsch, S) (Entered: 05/07/2013)
2013-05-08	31	CLERK'S NOTICE; Parties are informed that document 25 bears the incorrect case, and the the same is deemed by the Clerk's Office as improperly filed. (Mena-Sanchez, L) (Entered: 05/08/2013)
2013-05-08	32	NOTICE of Unavailability by Phillip Mosier re 25 Notice - Other. (Sofer, Avner) (Entered: 05/08/2013)
2013-05-23	33	STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr., on May 3, 2013. The parties, through their undersigned counsel, hereby stipulate and agree to continue the Motion for Summary Judgment 26 from May 30, 2013 to 6/27/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. Respondent's Opposition shall be due June 6, 2013. Movant's Reply shall be due June 20, 2013. (Rivas, A) (Entered: 05/23/2013)
2013-06-06	34	MEMORANDUM of Points and Authorities by Phillip Mosier in support of 37 Motion for Summary Judgment. (Sofer, Avner) Modified on 6/10/2013 (Marciel, M) Modified on 6/11/2013 (Donati, J). (Entered: 06/06/2013)
2013-06-06	35	OBJECTIONS by plaintiff Phillip Mosier to evidence submitted by defendant CIA in support of Motion for Summary Judgment. (Sofer, Avner) Modified on 6/10/2013 (Marciel, M) (Entered: 06/06/2013)
2013-06-06	36	STATEMENT of Undisputed Facts by plaintiff Phillip Mosier. (Sofer, Avner) Modified on 6/10/2013 (Marciel, M) (Entered: 06/06/2013)
2013-06-10	37	MOTION for SUMMARY JUDGMENT by Phillip Mosier. Motion Hearing SET for 6/27/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr. (Sofer, Avner) Modified on 6/12/2013 (Michel, G). (Entered: 06/10/2013)
2013-06-11	38	MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: The court is in receipt of Plaintiff's Motion for Summary Judgment (ECF No. 37). The motion as filed is deficient and the Plaintiff is directed to renotice the motion in compliance with Local Rule 230(b). Accordingly, the 6/27/2013 hearing date is vacated. (Deutsch, S) (Entered: 06/11/2013)
2013-06-13	39	MOTION for SUMMARY JUDGMENT by Phillip Mosier. Motion Hearing SET for 7/11/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr. (Sofer, Avner) Modified on 6/14/2013 (Michel, G). (Entered: 06/13/2013)
2013-06-14	40	STIPULATION and [PROPOSED] ORDER to Reset Motion Hearing (7/11/13)for Same Day as Counter-Motion Hearing and Extend Status Report Date by Central Intelligence Agency, Phillip Mosier. (Himel, Yoshinori) Modified on 6/19/2013 (Mena-Sanchez, L). (Entered: 06/14/2013)
2013-06-20	41	MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the court's own motion, the Defendant's Motion for Summary Judgment (ECF No. 26) set for hearing on 6/27/2013 and the Plaintiff's Motion for Summary Judgment (ECF No. 39) set for hearing on 7/11/2013 are both VACATED and continued to 7/25/2013 at 2:00 p.m. in courtroom 7. Accordingly, the Stipulation and Proposed Order to Reset Motion Hearing (ECF No. 40) is denied as moot. (Deutsch, S) (Entered: 06/20/2013)
2013-07-05	42	JOINT STATUS REPORT by Central Intelligence Agency, Phillip Mosier. (Himel, Yoshinori) (Entered: 07/05/2013)
2013-07-11	43	REPLY by Central Intelligence Agency to RESPONSE to 39 MOTION for SUMMARY JUDGMENT, 26 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Exhibit 1)(Himel, Yoshinori) (Entered: 07/11/2013)
2013-07-18	44	REPLY by Phillip Mosier to OPPOSITION to Cross-Motion 39 For SUMMARY JUDGMENT. (Sofer, Avner) Modified on 7/19/2013 (Mena-Sanchez, L). (Entered: 07/18/2013)
2013-07-19	45	OBJECTIONS by Defendant Central Intelligence Agency to 44 Reply to Response to Motion. (Himel, Yoshinori) (Entered: 07/19/2013)
2013-07-22	46	RESPONSE by Phillip Mosier to 45 Objections. (Sofer, Avner) (Entered: 07/22/2013)
2013-07-24	47	MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the court's own motion, the hearing date of 7/25/2013 is vacated and rescheduled for 8/8/2013 at 2:00 p.m. in courtroom 7. Neither party complied with Local Rule 260(a). The court will disregard all previous attempts to file a Statement of Undisputed Facts. Both parties must comply with Local Rule 260(a) and submit a separate Statement of Undisputed Facts before the court will consider the Motions for Summary Judgment (ECF Nos. 26 and 39). Both parties are ordered to submit a Statement of Undisputed Facts by 7/26/2013 and respond to the other parties' Statement of Undisputed Facts by 7/31/2013. (Deutsch, S) (Entered: 07/24/2013)
2013-07-25	48	STIPULATION and [PROPOSED] ORDER Continuing Motion for Summary Judgment re 33 Order; 37 MOTION for SUMMARY JUDGMENT; 39 MOTION for SUMMARY JUDGMENT, 26 MOTION for SUMMARY JUDGMENT, by Phillip Mosier. (Sofer, Avner) Modified on 7/26/2013 (Mena-Sanchez, L). (Entered: 07/25/2013)
2013-08-05	49	STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 8/2/13: The hearing for the motions for summary judgment 26 , 27 is RESET for 10/3/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.. (Kastilahn, A) (Entered: 08/05/2013)
2013-09-09	50	STATEMENT OF UNDISPUTED FACTS re 39 Motion for Summary Judgment by Plaintiff Phillip Mosier. (Sofer, Avner) Modified on 9/10/2013 (Michel, G). (Entered: 09/09/2013)
2013-09-09	51	STIPULATION and PROPOSED ORDER resetting filing deadlines by Central Intelligence Agency and Phillip Mosier. (Himel, Yoshinori) Modified on 9/10/2013 (Michel, G). (Entered: 09/09/2013)
2013-09-09	52	SEPARATE STATEMENT OF UNDISPUTED FACTS re 26 Motion for Summary Judgment by Defendant Central Intelligence Agency. (Himel, Yoshinori) Modified on 9/10/2013 (Michel, G). (Entered: 09/09/2013)
2013-09-16	53	STIPULATION and ORDER 51 to re-set filing deadline signed by Chief Judge Morrison C. England, Jr. on 9/12/2013. Each party's Separate Statement of Undisputed Facts is due no later than 9/9/2013 at 12:00 noon. Each party's Response to Statement of Undisputed Facts now due no later than 10/1/2013. (Marciel, M) (Entered: 09/16/2013)
2013-09-27	54	MINUTE ORDER (Text Only) issued by CRD A. Shaddox-Waldrop for Chief Judge Morrison C. England, Jr. on 09/27/2013: Pursuant to the parties' stipulations 48 and 53 , the Defendant's Motion for Summary Judgment 26 and Plaintiff's Motion for Summary Judgment 39 is RESET for November 14, 2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr. Statement of Undisputed Facts from both parties shall be due by October 1, 2013. Response to Statement of Undisputed Facts shall be due by October 8, 2013. (Shaddox-Waldrop, A) (Entered: 09/27/2013)
2013-10-01	55	RESPONSE by Central Intelligence Agency to 50 Statement. (Himel, Yoshinori) (Entered: 10/01/2013)
2013-10-07	56	RESPONSE to 52 Separate Statement of Undisputed Facts by Phillip Mosier. (Sofer, Avner) Modified on 10/8/2013 (Michel, G). (Entered: 10/07/2013)
2013-11-12	57	MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendant's and Plaintiff's Motions for Summary Judgment (ECF Nos. 26 and 39) scheduled for hearing on 11/14/2013 are submitted without oral argument. The hearing date of 11/14/2013 is vacated. If the court determines that oral argument is needed, it will be scheduled at a later date. (Deutsch, S) (Entered: 11/12/2013)
2013-11-27	58	MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr. on 11/26/2013 GRANTING 26 Motion for Summary Judgment as to all claims; DENYING 37 Motion for Summary Judgment as to all claims. CASE CLOSED. (Michel, G) (Entered: 11/27/2013)
2013-11-27	59	JUDGMENT dated *11/27/2013* in favor of Defendant against Plaintiff pursuant to order signed by Chief Judge Morrison C. England, Jr. on 11/26/2013. (Michel, G) (Entered: 11/27/2013)
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