Case Detail

FOIA Project Annotation: A federal court in New York has ruled that several responses from then-White House Press Secretary Sean Spicer explaining a January 2017 U.S. intelligence-gathering raid in Yemen in which one service member was killed as well as an unspecified number of civilians �" including the fact that the Director of the CIA was at the White House discussing the raid �" constituted a public acknowledgement of CIA involvement with the raid prohibiting the agency from issuing a Glomar response neither confirming nor denying the existence of records in response to a request from the ACLU. The CIA argued that disclosing the existence of records would reveal that it had an interest in the operation. Judge Paul Engelmayer noted that "were it not for the White House's public statements about the Raid, the interest that the CIA articulates with respect to the Raid �" that it is entitled not to disclose the existence or not of an intelligence interest as to a particular subject �" would likely justify its Glomar response." But he pointed out that "the White House's statements about the Raid, however, change the analysis, because the assembled statements by Spicer clearly disclosed the CIA's intelligence interest in the Raid. . . In particular, Spicer explicitly acknowledged that the U.S. participated in the Yemen Raid, that the Raid was an 'intelligence-gathering raid;' and that the Director of the Central Intelligence Agency (explicitly referred to by his official title) was in the room when the Raid was 'laid out in great extent' and at a time when 'the indication. . .was to go ahead.' Under any reasonable reading, these statements revealed the CIA's intelligence interest in the Raid, a point further underscored by the CIA's prior acknowledgment of its intelligence interest in Yemen." The CIA argued that a non-Glomar response would confirm that the agency had records about the raid. Englemayer pointed out that "the Court is unprepared to accept that the CIA Director attended the meeting with the President in which that Raid was discussed and appears to have been approved, but that neither he nor his staff ever generated or received any documentation whatsoever. . .related to that meeting of the Raid before, during, or after these occurred." The agency also claimed that the existence of records had never been officially acknowledged. Englemayer observed that "where agency statements have exposed as fallacious the basis for claiming that revealing the existence of records would cause harm underlying a FOIA exemption �" the agency's Glomar response may be rejected in toto." Although the Departments of Justice, Defense and State had all admitted to having records and prepared Vaughn indices, Englemayer gave the CIA the opportunity to assess "whether a more targeted Glomar submission may be viably made."
Issues: Determination - Glomar response, Public domain

FOIA Project Annotation: A federal court in New York has ruled that the Department of Defense and the Department of State have shown that the remaining disputed documents responsive to a request from the ACLU for records concerning a raid carried out by the U.S. military on January 29, 2017 in al Gihayil, Yemen were properly withheld under Exemption 1 (national security) and that the ACLU failed to show that the raid was officially acknowledged by an extensive press exchange on February 2, 2017 by then-White House Press Secretary Sean Spicer and a similar press briefing August 4, 2017 with Capt. Jeff Davis, a Pentagon spokesman, which was covered by several media outlets. As part of its challenge to 12 remaining DOD documents and three remaining State documents, the ACLU also pointed to guidance issued in 2016 and 2018 officially acknowledging broadly applicable legal and policy standards on the use of force abroad. In response to the ACLU's FOIA request, the CIA issued a Glomar response neither confirming nor denying the existence of records. However, District Court Judge Paul Engelmayer found that Spicer's press briefing had officially acknowledged the role of the CIA in the operation. While the CIA's Glomar litigation was ongoing, the Defense Department's Joint Staff processed 442 pages, the Office of General Counsel processed 38 pages, and U.S. Central Command processed 343 pages. In its search, the State Department located 489 pages. By the time it filed its final summary judgment motion, the ACLU only challenged the 15 documents withheld by DOD and State. Engelmayer divided the remaining documents into six categories, concluding that the agencies had shown that their exemption claims for five categories were appropriate, and ordering the documents in the sixth category be provided for in camera review. The first category contained a State Department email pertaining to the January 6, 2017 Deputies Meeting. The ACLU agreed that the email was properly classified but argued that there must be small details that could be disclosed that would match the acknowledgments made by Spicer. Engelmayer agreed with the agency's assertion that no part of the email could be disclosed. He noted that "the Court finds it logical and plausible that references to the Deputies Committee's recommendation to 'go ahead' and to wait for a 'moonless night,' if any, in this classified and narrowly distributed email are so intertwined with other, non-acknowledged information that disclosure would reveal new information that undisputedly would be more specific than, and not merely match, Spicer's limited revelations." DOD had also withheld an email discussing military options after the raid. The ACLU argued that Davis's comments served as an official acknowledgment of this information. But Engelmayer indicated that "Davis's comments generally discuss categories of military action without providing details as to the time, place, or manner of specific instances of such action; the exigencies of military planning make it unlikely that the DOD email threads are similarly bereft of such details. Indeed, the record provides no reason to think that these post-Raid email threads would include any discussion that came close to matching or being as non-specific as Captain Davis's." The third category was a one-page presidential authorization memorandum prepared by then-National Security Advisor Michael Flynn. Engelmayer found the remaining redactions did not track any disclosures made by Spicer or Davis. He observed that "while the ACLU has pointed to three pieces of officially acknowledged information that one might expect to find in the Authorization Memo, it is hardly illogical or implausible that any references to such categories of information would be so specific and/or intertwined with properly classified information as to justify non-disclosure." The fourth category contained a military order from the Joint Staff to conduct operations. Here, Engelmayer found DOD had not sufficiently justified its withholdings. He noted that "for example, because the Government has officially acknowledge that all operations against AQAP in the relevant area during the relevant period were carried out with the consent of the Government of Yemen, the Government would not be justified in withholding a mention of Yemeni consent of the Raid in the Military Order here." He ordered the government to submit the order for in camera review. The ACLU challenged the withholding of a document pertaining to a detailed DOD proposal, arguing that it constituted working law and could not be withheld under Exemption 5 (privileges). Engelmayer disagreed, noting instead that "here, the Operational Proposal is 'simply a plan for a particular one-off operation.' It did not provide a precedent or 'bind' the agency, and the President retained the discretion to adjust course at any time. Indeed, it was 'not "law" at all,' much less the effective law or policy of the government on an ongoing basis." Turning to the last category, top secret operational proposals for military support, Engelmayer found they did not contain the information the ACLU thought they did. He pointed out that "at argument, Government counsel represented that, having reviewed the document, the title of these records had not been revealed, is materially different than what the ACLU thought it might be, and remains classified."
Issues: Determination - Glomar response

FOIA Project Annotation: A federal court in New York has ruled that the Department of Defense did not waive Exemption 1 (national security) by publicly acknowledging records about the January 29, 2017 military operation carried out in al Ghayil, Yemen in response to a request from the ACLU. In his earlier January 2020 decision, Judge Paul Engelmayer had resolved the issues in dispute except for two documents the ACLU contended might have been publicly acknowledged. After reviewing those documents in camera, Engelmayer sided with the agency. He pointed out that under Wilson v. CIA, 586 F. 3d 171 (2nd Cir. 2009), the Second Circuit precedent on what constituted an official acknowledgment, the disclosed information had to be as specific as the information previously disclosed, match the information previously disclosed, and that disclosure was made through an official and documented disclosure. Applying the Wilson test here, Engelmayer pointed out that "the Court finds the redacted information in [the two disputed documents] does not match, and is clearly more specific than, any information previously disclosed by the Government. The redacted material indeed contains 'details regarding the parameters of the mission, the time span of the approval, and other operational information,' as described by the Government. And that material does not 'present the same information about the same subject' as any prior government disclose the ACLU has identified. The revelation of the redacted portions of these records would thus necessarily reveal information that has not been officially acknowledged, and this in turn may cause harm to U.S. national security or foreign relations."
Issues: Exemption 1 - Harm to national security

Date Filed	Doc #	Docket Text
2017-05-08	1	COMPLAINT against Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Filing Fee $ 400.00, Receipt Number 0208-13632895)Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Shamsi, Hina) (Entered: 05/08/2017)
2017-05-08	2	CIVIL COVER SHEET filed. (Shamsi, Hina) (Entered: 05/08/2017)
2017-05-08	3	REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Shamsi, Hina) (Entered: 05/08/2017)
2017-05-08	4	REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Shamsi, Hina) (Entered: 05/08/2017)
2017-05-08	5	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. (Shamsi, Hina) (Entered: 05/08/2017)
2017-05-08	6	REQUEST FOR ISSUANCE OF SUMMONS as to Department of State, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Shamsi, Hina) (Entered: 05/08/2017)
2017-05-08	7	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Shamsi, Hina) (Entered: 05/08/2017)
2017-05-08	8	NOTICE OF APPEARANCE by Brett Max Kaufman on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Kaufman, Brett) (Entered: 05/08/2017)
2017-05-08	9	NOTICE OF APPEARANCE by Anna Natalia Diakun on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 05/08/2017)
2017-05-09		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . 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 http://nysd.uscourts.gov/ecf_filing.php . (kl) (Entered: 05/09/2017)
2017-05-09		Magistrate Judge Ronald L. Ellis 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: http://nysd.uscourts.gov/forms.php . (kl) (Entered: 05/09/2017)
2017-05-09		Case Designated ECF. (kl) (Entered: 05/09/2017)
2017-05-09	10	ELECTRONIC SUMMONS ISSUED as to Department of Defense. (kl) (Entered: 05/09/2017)
2017-05-09	11	ELECTRONIC SUMMONS ISSUED as to Central Intelligence Agency. (kl) (Entered: 05/09/2017)
2017-05-09	12	ELECTRONIC SUMMONS ISSUED as to Department of Justice. (kl) (Entered: 05/09/2017)
2017-05-09	13	ELECTRONIC SUMMONS ISSUED as to Department of State. (kl) (Entered: 05/09/2017)
2017-05-18	14	NOTICE OF APPEARANCE by Elizabeth Tulis on behalf of Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Tulis, Elizabeth) (Entered: 05/18/2017)
2017-06-14	15	ANSWER to 1 Complaint,. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Tulis, Elizabeth) (Entered: 06/14/2017)
2017-06-14	16	NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/28/2017 at 05:00 PM in Courtroom 1305, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer, and as further set forth in this Order. (Signed by Judge Paul A. Engelmayer on 6/14/2017) (rjm) (Entered: 06/15/2017)
2017-06-21	17	JOINT LETTER addressed to Judge Paul A. Engelmayer from Elizabeth Tulis dated June 21, 2017 re: Initial Conference. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Tulis, Elizabeth) (Entered: 06/21/2017)
2017-06-22		NOTICE of Hearing: Initial Conference set for 6/28/2017 at 03:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. The conference previously scheduled for 5:00 PM is hereby rescheduled for 03:00 PM . Notice entered by Courtroom Deputy A.J. Smallman. (ajs) (Entered: 06/22/2017)
2017-06-22	18	AFFIDAVIT OF SERVICE (FOIA CASE). Central Intelligence Agency served on 5/11/2017, answer due 6/12/2017. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 06/22/2017)
2017-06-22	19	AFFIDAVIT OF SERVICE (FOIA CASE). Department of Defense served on 5/11/2017, answer due 6/12/2017. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 06/22/2017)
2017-06-22	20	AFFIDAVIT OF SERVICE (FOIA CASE). Department of Justice served on 5/11/2017, answer due 6/12/2017. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 06/22/2017)
2017-06-22	21	AFFIDAVIT OF SERVICE (FOIA CASE). Department of State served on 5/11/2017, answer due 6/12/2017. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 06/22/2017)
2017-06-22	22	AFFIDAVIT OF SERVICE of Summons served on Jefferson B. Sessions, III, Attorney General of the United States on 5/11/2017. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 06/22/2017)
2017-06-22	23	AFFIDAVIT OF SERVICE of Summons served on United States Attorney for the Southern District of New York on 5/11/2017. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 06/22/2017)
2017-06-28		Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 6/28/2017. Anna Diakun, Brett Kaufman & Hani Shamsi present for Plaintiff. Elizabeth Tulis present for Defendants. Court reporter present. (ajs) (Entered: 06/28/2017)
2017-06-30	24	LETTER addressed to Judge Paul A. Engelmayer from Elizabeth Tulis dated June 30, 2017 re: scheduling order. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Text of Proposed Order - The Government's Proposed Scheduling Order)(Tulis, Elizabeth) (Entered: 06/30/2017)
2017-06-30	25	LETTER addressed to Judge Paul A. Engelmayer from Brett Max Kaufman dated 06/30/2017 re: Proposed Scheduling Order. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Kaufman, Brett) (Entered: 06/30/2017)
2017-07-05	26	SCHEDULING ORDER: The Court hereby ORDERS as follows: By July 31, 2017, the defendants shall complete all searches, or issue Glomar responses to the extent defendants assert such responses are applicable, in response to the ACLU's Request. By August 9, 2017, the parties will submit a joint status report; and as further set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/5/2017) (anc) (Entered: 07/05/2017)
2017-08-09	27	LETTER addressed to Judge Paul A. Engelmayer from Elizabeth Tulis dated August 9, 2017 re: Status Report and Proposed Schedule. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Tulis, Elizabeth) (Entered: 08/09/2017)
2017-08-17	28	MEMO ENDORSEMENT: on re: 27 Letter filed by Department of Defense, Department of State, Central Intelligence Agency, Department of Justice. ENDORSEMENT: Granted. For substantially the reasons stated in the letter above, the Court adopts the deadlines proposed by the parties. The ALCU's pre-motion letter regarding the Glomar issue is due on September 1, 2017. The CIA's letter in response is due on September 11, 2017. The pre-motion conference will be held on September 18, 2017 at 11:00 a.m. The Court directs the remaining defendants to comply with the agreed-upon and above described obligations (1) to produce or withhold records by November 17, 2017, (2) to provide descriptions of withheld records by November 27, 2017, and (3) to meet and confer by December 8, 2017. The remaining defendants should submit pre-motion letters regarding their FOIA compliance by December 15, 2017. By December 22, 2017, the ACLU should submit responses, if any, to those letters, as well as provide grounds for any anticipated cross-motion for summary judgment. The Court reminds the parties that all pre-motion letters for summary judgment should comply with its Individual Rule 3(H), except as otherwise stated in this order. SO ORDERED., ( Pre-Motion Conference set for 9/18/2017 at 11:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/17/2017) (ama) (Entered: 08/17/2017)
2017-09-01	29	LETTER addressed to Judge Paul A. Engelmayer from Brett Max Kaufman dated September 1, 2017 re: Anticipated Motion for Partial Summary Judgment Against Defendant Central Intelligence Agency. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Kaufman, Brett) (Entered: 09/01/2017)
2017-09-07	30	NOTICE OF APPEARANCE by Rebecca Sol Tinio on behalf of Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Tinio, Rebecca) (Entered: 09/07/2017)
2017-09-11	31	LETTER addressed to Judge Paul A. Engelmayer from Elizabeth Tulis and Rebecca Tinio dated September 11, 2017 re: Anticipated Cross-Motion and Opposition to the ACLU's Anticipated Motion for Partial Summary Judgment. Document filed by Central Intelligence Agency.(Tulis, Elizabeth) (Entered: 09/11/2017)
2017-09-14		NOTICE of Hearing: Pre-Motion Conference set for 9/18/2017 at 03:45 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. The conference, previously scheduled for 11:00 AM, is hereby rescheduled to 03:45 PM . Notice entered by Courtroom Deputy A.J. Smallman.(ajs) (Entered: 09/14/2017)
2017-09-15		NOTICE of Hearing: Pretrial Conference set for 9/18/2017 at 04:15 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Due to a scheduling conflict, the conference is adjourned to 04:15 PM . Notice entered by Courtroom Deputy A.J. Smallman.(ajs) (Entered: 09/15/2017)
2017-09-18		Minute Entry for proceedings held before Judge Paul A. Engelmayer: Pre-Motion Conference held on 9/19/2017. Anna Natalia Diakun, Brett Max Kaufman & Hina Shamsi present for Plaintiff. Elizabeth Tulis & Rebecca Tinio present for Defendants. Court reporter present. (ajs) (Entered: 09/19/2017)
2017-09-19	32	ORDER: The ACLU's partial summary judgment motion regarding the CIA's Glomar response is due on October 11, 2017; the CIA's response to the ACLU's summary judgment motion and any cross motions are due on November 2, 2017; the ACLU's reply in support of its summary judgement motion and response to any cross motions are due on November 17, 2017; the CIA's reply in support its cross motions is due on December 1, 2017. Oral argument on these motions will be held on December 12, 2017 at 11:30 a.m. in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. SO ORDERED. (Cross Motions due by 11/2/2017. Motions due by 10/11/2017. Responses due by 11/17/2017. Replies due by 12/1/2017. Oral Argument set for 12/12/2017 at 11:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/19/2017) (anc) (Entered: 09/19/2017)
2017-09-28	33	TRANSCRIPT of Proceedings re: CONFERENCE held on 9/18/2017 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Michael McDaniel, (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 10/19/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/27/2017.(McGuirk, Kelly) (Entered: 09/28/2017)
2017-09-28	34	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/18/17 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: 09/28/2017)
2017-10-11	35	MOTION for Partial Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Kaufman, Brett) (Entered: 10/11/2017)
2017-10-11	36	MEMORANDUM OF LAW in Support re: 35 MOTION for Partial Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Kaufman, Brett) (Entered: 10/11/2017)
2017-10-11	37	DECLARATION of Anna Diakun in Support re: 35 MOTION for Partial Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit ACLU FOIA Request (March 15, 2017), # 2 Exhibit CIA Glomar Response (July 31, 2017), # 3 Exhibit Procedures for Approving Direct Action Against Terrorist Targets Located Outside of the United States and Areas of Active Hostilities (May 22, 2013), # 4 Exhibit Press Briefing #9 by Press Secretary Sean Spicer (Feb. 7, 2017), # 5 Exhibit Press Briefing by Press Secretary Sean Spicer #7 (Feb. 2, 2017), # 6 Exhibit Statement by Press Secretary Sean Spicer (Jan. 31, 2017))(Kaufman, Brett) (Entered: 10/11/2017)
2017-10-27	38	LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated October 27, 2017. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Tinio, Rebecca) (Entered: 10/27/2017)
2017-10-27	39	ORDER granting 38 Letter Motion for Extension of Time. The briefing schedule proposed by the ACLU is approved. Oral argument is scheduled for 2 p.m. on Tuesday, December 19, 2017. So Ordered. (Motions due by 11/9/2017.) (Signed by Judge Paul A. Engelmayer on 10/27/17) (yv) (Entered: 10/27/2017)
2017-10-27		Set/Reset Deadlines: (Responses due by 11/28/2017, Replies due by 12/12/2017.), Set/Reset Hearings:(Oral Argument set for 12/19/2017 at 02:00 PM before Judge Paul A. Engelmayer.) (yv) (Entered: 10/27/2017)
2017-11-03	40	LETTER MOTION to Substitute Attorney. Old Attorney: Elizabeth Tulis, New Attorney: Rebecca Sol Tinio addressed to Judge Paul A. Engelmayer from Elizabeth Tulis dated November 3, 2017. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State.(Tulis, Elizabeth) (Entered: 11/03/2017)
2017-11-03	41	ORDER granting 40 Letter Motion to Substitute Attorney. Granted. The Court thanks Ms. Tulis for her excellent advocacy in this case and wishes her the best of luck in her future endeavors. SO ORDERED. (Attorney Elizabeth Tulis terminated.) (Signed by Judge Paul A. Engelmayer on 11/3/2017) (anc) (Entered: 11/03/2017)
2017-11-09	42	MOTION for Summary Judgment . Document filed by Central Intelligence Agency.(Tinio, Rebecca) (Entered: 11/09/2017)
2017-11-09	43	MEMORANDUM OF LAW in Support re: 42 MOTION for Summary Judgment . and in Opposition to Plaintiffs' Motion for Partial Summary Judgment . Document filed by Central Intelligence Agency. (Tinio, Rebecca) (Entered: 11/09/2017)
2017-11-09	44	DECLARATION of Antoinette B. Shiner in Support re: 42 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A - March 16, 2017 CIA Letter)(Tinio, Rebecca) (Entered: 11/09/2017)
2017-11-15	45	LETTER MOTION for Extension of Time to Complete FOIA Responses addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated November 15, 2017. Document filed by Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Text of Proposed Order)(Tinio, Rebecca) (Entered: 11/15/2017)
2017-11-17	46	REVISED SCHEDULING ORDER granting 45 Letter Motion for Extension of Time. The Court, having considered the request of Defendants the Department of Defense, Department of State, and Department of Justice (on behalf of its component the Office of Legal Counsel) for additional time to complete their FOIA responses in this matter, hereby modifies the scheduling order previously entered on August 17, 2017 (Dkt. No. 28), and ORDERS as follows: 1. All Defendants, to the extent they have not already done so, shall provide a FOIA response on November 17, 2017. 2. The Department of State and the Office of Legal Counsel shall provide their final FOIA responses no later than December 15, 2017. 3. The Department of Defense shall provide an additional FOIA response on December 29, 2017, and its final FOIA response no later than January 31, 2018. 4. All Defendants that have provided FOIA responses (excepting "Glomar" responses) shall provide descriptions of withheld records by February 9, 2018. 5. The parties shall meet and confer by February 19, 2018, to identify any disputed issues. 6. The Government shall submit its pre-motion letter(s) regarding its FOIA compliance, and disputed issues that the parties have identified, by February 26, 2018. 7. Plaintiffs shall submit their response letter(s) by March 5, 2018, which shall include grounds for any anticipated cross-motion for summary judgment. (Signed by Judge Paul A. Engelmayer on 11/17/2017) (mro) (Entered: 11/17/2017)
2017-11-28	47	MEMORANDUM OF LAW in Opposition re: 42 MOTION for Summary Judgment . and in Further Support of Plaintiffs' Motion for Partial Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Kaufman, Brett) (Entered: 11/28/2017)
2017-11-28	48	DECLARATION of Anna Diakun in Opposition re: 42 MOTION for Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit Matt Spetalnick, Trump: Yemen Raid Was Success, Gathered Vital Intelligence (Feb. 28, 2017), # 2 Exhibit John Brennan, Director, CIA, Speech at the Council on Foreign Relations (Mar. 13, 2015), # 3 Exhibit John Brennan, Director, CIA, Remarks at the President's Associates Dinner at the University of Oklahoma (Feb. 26, 2014), # 4 Exhibit David H. Petraeus, Director, CIA, Statement on the Terrorist Threat Ten Years After 9/11 (Sept. 13, 2011), # 5 Exhibit Request Under Freedom of Information Act by Jonathan Manes, ACLU (Jan. 13, 2009), # 6 Exhibit Press Release, Dep't of Defense, U.S. Service Member Killed in Raid on Terrorists in Yemen (Jan. 29, 2017), # 7 Exhibit Michael Pompeo, Director, CIA, Aspen Security Forum 2017: The View from Langley (July 20, 2017), # 8 Exhibit About CIA: What We Do (last visited Nov. 28, 2017))(Kaufman, Brett) (Entered: 11/28/2017)
2017-12-11	49	LETTER MOTION for Extension of Time and Enlargement of Page Limit addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated December 11, 2017. Document filed by Central Intelligence Agency.(Tinio, Rebecca) (Entered: 12/11/2017)
2017-12-12	50	ORDER granting 49 Letter Motion for Extension of Time. Granted. The Court extends the deadline for the CIA's reply brief to December 13, 2017, and authorizes that reply brief to be up to 25 pages in length. The Court, however, reminds the CIA that reply briefs should be limited to addressing arguments raised by plaintiffs and should not raise new issues. Finally, the Court wishes counsel the best in her family emergency. So Ordered. (Signed by Judge Paul A. Engelmayer on 12/12/17) (yv) (Entered: 12/12/2017)
2017-12-12		Set/Reset Deadlines: Replies due by 12/13/2017. (yv) (Entered: 12/12/2017)
2017-12-12	51	MEMO ENDORSEMENT: on re: 49 LETTER MOTION for Extension of Time and Enlargement of Page Limit addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated December 11, 2017, filed by Central Intelligence Agency. ENDORSEMENT: Granted. The Court extends the deadline for the CIA's reply brief to December 13, 2017, and authorizes that reply brief to be up to 25 pages in length. The Court, however, reminds the CIA that reply briefs should be limited to addressing arguments raised by plaintiffs and should not raise new issues. Finally, the Court wishes counsel the best in her family emergency. 12/12/2017(Replies due by 12/13/2017.) (Signed by Judge Paul A. Engelmayer on 12/12/2017) (ap) (Entered: 12/12/2017)
2017-12-13	52	REPLY MEMORANDUM OF LAW in Support re: 42 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency. (Tinio, Rebecca) (Entered: 12/13/2017)
2017-12-19		Minute Entry for proceedings held before Judge Paul A. Engelmayer: Oral Argument held on 12/19/2017. Anna Natalia Diakun & Brett Max Kaufman present for Plaintiff. Rebecca Sol Tinio & Sarah Normand present for Defendants. Court reporter present. (ajs) (Entered: 12/19/2017)
2018-01-11	53	LETTER addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated January 11, 2018 re: Notifying the Court of Recently Issued Case Law. Document filed by Central Intelligence Agency.(Tinio, Rebecca) (Entered: 01/11/2018)
2018-01-12	54	LETTER addressed to Judge Paul A. Engelmayer from Anna Diakun dated January 12, 2018 re: Response to CIA Letter of January 11, 2018. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Diakun, Anna) (Entered: 01/12/2018)
2018-01-30	55	TRANSCRIPT of Proceedings re: CONFERENCE held on 12/19/2017 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Jennifer Thun, (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 2/20/2018. Redacted Transcript Deadline set for 3/2/2018. Release of Transcript Restriction set for 4/30/2018.(McGuirk, Kelly) (Entered: 01/30/2018)
2018-01-30	56	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/19/17 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: 01/30/2018)
2018-02-21	57	LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated February 21, 2018. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Text of Proposed Order)(Tinio, Rebecca) (Entered: 02/21/2018)
2018-02-23	58	SECOND REVISED SCHEDULING ORDER granting 57 Letter Motion for Extension of Time. ORDERS as follows: The parties shall meet and confer by March 19, 2018, to identify any disputed issues. The Government shall submit its pre-motion letter(s) regarding its FOIA compliance, and disputed issues that the parties have identified, by March 26, 2018. Plaintiffs shall submit their response letter(s) by April 2, 2018, which shall include grounds for any anticipated cross-motion for summary judgment. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/23/2018) (anc) Modified on 4/19/2018 (anc). (Entered: 02/23/2018)
2018-03-23	59	LETTER MOTION for Extension of Time (Joint Request) addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated May 23, 2018. Document filed by Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Text of Proposed Order)(Tinio, Rebecca) (Entered: 03/23/2018)
2018-03-27	60	THIRD REVISED SCHEDULING ORDER: granting 59 Letter Motion for Extension of Time. By April 9, 2018, the Department of Defense shall provide Plaintiffs with responses to the clarification questions that Plaintiffs posed, and as further set forth in this order. (Signed by Judge Paul A. Engelmayer on 3/27/2018) (ap) (Entered: 03/27/2018)
2018-04-23	61	LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated April 23, 2018. Document filed by Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Text of Proposed Order)(Tinio, Rebecca) (Entered: 04/23/2018)
2018-04-23	62	FOURTH REVISED SCHEDULING ORDER. This matter comes before the Court upon the complaint of plaintiffs the American Civil Liberties Union and the American Civil Liberties Union Foundation (together, the "ACLU" or "plaintiffs") seeking records from Defendants pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 (the "Request"). The Court, having considered Defendants' request, made on consent, for a revision of the remaining deadlines currently pending in this case, hereby modifies the revised scheduling order previously entered on March 27, 2018 (Dkt. No. 60), and ORDERS as follows: 1. By May 1, 2018, the Government shall submit its pre-motion letter(s) regarding its anticipated summary judgment motion and outstanding issues that the parties have identified. 2. By May 8. 2018, Plaintiffs shall submit their response letter(s), which shall include grounds for any anticipated cross-motion for summary judgment. So ordered. Granting 61 LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated April 23, 2018. Document filed by Department of Defense, Department of Justice, Department of State. (Signed by Judge Paul A. Engelmayer on 4/23/2018) (rjm) (Entered: 04/24/2018)
2018-04-24	63	ORDER. In light of the parties' anticipated letters regarding cross-motions for summary judgment, the Court sets a pre-motion conference for Friday, June 8, 2018 at 2:30 p.m. SO ORDERED. (Pre-Motion Conference set for 6/8/2018 at 02:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 4/24/2018) (rjm) (Entered: 04/24/2018)
2018-05-01	64	LETTER addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated May 1, 2018 re: Anticipated Motion for Summary Judgment. Document filed by Department of Defense, Department of Justice, Department of State.(Tinio, Rebecca) (Entered: 05/01/2018)
2018-05-08	65	LETTER addressed to Judge Paul A. Engelmayer from Anna Diakun dated May 8, 2018 re: Anticipated Motion for Summary Judgment Against Defendants Department of Justice and Department of State and Partial Summary Judgment Against Defendant Department of Defense. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Diakun, Anna) (Entered: 05/08/2018)
2018-06-08		Minute Entry for proceedings held before Judge Paul A. Engelmayer: Pre-Motion Conference held on 6/8/2018. Anna Natalia Diakun & Brett Max Kaufman present for Plaintiff. Rebecca Sol Tinio present for Defendants. Court reporter present (ajs) (Entered: 06/08/2018)
2018-06-11	66	JOINT LETTER addressed to Judge Paul A. Engelmayer from Anna Diakun dated June 11, 2018 re: Proposed Briefing Schedule. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Diakun, Anna) (Entered: 06/11/2018)
2018-06-27	67	OPINION & ORDER re: 35 MOTION for Partial Summary Judgment filed by American Civil Liberties Union, American Civil Liberties Union Foundation, 42 MOTION for Summary Judgment filed by Central Intelligence Agency. For the foregoing reasons, the CIA's motion for summary judgment is denied in full and the ACLU's motion for summary judgment is denied except as to FOIA request two, as to which it is granted. The CIA is directed to submit any new Glomar response with respect to requests one, three, four and five within two weeks of this order. Upon submission of such a response, the Court will entertain a joint proposal from counsel as to a prompt schedule for briefing the validity of such a response. If no such response is submitted, the CIA is directed promptly to produce responsive records and/or a Vaughn index to plaintiffs, as have the other three defendants. As to request two, the CIA is directed forthwith to collect records responsive to this request and to be prepared, after the status of the other four requests has been resolved, promptly to produce to the ACLU responsive materials and/or a Vaughn Index chronicling withheld materials. The Clerk of Court is respectfully directed to close the motions pending at Dkts. 35 and 42. (Signed by Judge Paul A. Engelmayer on 6/27/2018) (mro) (Entered: 06/27/2018)
2018-07-02	68	LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated July 2, 2018. Document filed by Central Intelligence Agency.(Tinio, Rebecca) (Entered: 07/02/2018)
2018-07-05	69	LETTER MOTION for Extension of Time to File Summary Judgment Motion addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated July 5, 2018. Document filed by Department of Defense, Department of Justice, Department of State.(Tinio, Rebecca) (Entered: 07/05/2018)
2018-07-09	70	ORDER granting 69 LETTER MOTION for Extension of Time to File Summary Judgment Motion addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated July 5, 2018. Document filed by Department of Defense, Department of Justice, Department of State. Granted. The Court adopts the above described deadlines. So ordered. (Cross Motions due by 8/16/2018. Motions due by 7/17/2018). (Signed by Judge Paul A. Engelmayer on 7/9/2018) (rjm) (Entered: 07/10/2018)
2018-07-09		Set/Reset Deadlines: (Responses due by 8/30/2018. Replies due by 9/14/2018). (rjm) (Entered: 07/10/2018)
2018-07-09	71	ORDER granting 68 LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated July 2, 2018. Document filed by Central Intelligence Agency. Granted. The CIA's updated Glomar response is due July 18, 2017. So ordered. (Signed by Judge Paul A. Engelmayer on 7/9/2018) (rjm) (Entered: 07/10/2018)
2018-07-16	72	LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated July 16, 2018. Document filed by Department of Defense, Department of Justice, Department of State.(Tinio, Rebecca) (Entered: 07/16/2018)
2018-07-17	73	ORDER granting 72 LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated July 16, 2018. Document filed by Department of Defense, Department of Justice, Department of State. Granted. The Court wishes Ms. Tinio a swift recovery. So ordered. (Cross Motions due by 8/21/2018. Motions due by 7/20/2018). (Signed by Judge Paul A. Engelmayer on 7/16/2018) (rjm) (Entered: 07/17/2018)
2018-07-17		Set/Reset Deadlines: Responses due by 9/4/2018. Replies due by 9/18/2018. (rjm) (Entered: 07/17/2018)
2018-07-20	74	MOTION for Summary Judgment . Document filed by Department of Defense, Department of Justice, Department of State.(Tinio, Rebecca) (Entered: 07/20/2018)
2018-07-20	75	MEMORANDUM OF LAW in Support re: 74 MOTION for Summary Judgment . . Document filed by Department of Defense, Department of Justice, Department of State. (Tinio, Rebecca) (Entered: 07/20/2018)
2018-07-20	76	DECLARATION of Rear Admiral James J. Malloy in Support re: 74 MOTION for Summary Judgment .. Document filed by Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - DOD Vaughn Index)(Tinio, Rebecca) (Entered: 07/20/2018)
2018-07-20	77	DECLARATION of Major General Terry Ferrell in Support re: 74 MOTION for Summary Judgment .. Document filed by Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit A - OCA Memo, # 2 Exhibit B - FOIA Request, # 3 Exhibit DOD Vaughn Index)(Tinio, Rebecca) (Entered: 07/20/2018)
2018-07-20	78	DECLARATION of Eric F. Stein in Support re: 74 MOTION for Summary Judgment .. Document filed by Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - March 21, 2017 acknowledgment, # 3 Exhibit C - November 17, 2017 response, # 4 Exhibit D - December 15, 2017 response, # 5 Exhibit E - July 18, 2018 response)(Tinio, Rebecca) (Entered: 07/20/2018)
2018-07-20	79	DECLARATION of Paul P. Colborn in Support re: 74 MOTION for Summary Judgment .. Document filed by Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - March 24, 2017 acknowledgment, # 3 Exhibit C - November 17, 2017 response, # 4 Exhibit D - December 15, 2017 response)(Tinio, Rebecca) (Entered: 07/21/2018)
2018-08-17	80	LETTER addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated August 17, 2018 re: Status Report and Request for Leave to Submit Further Status Report. Document filed by Central Intelligence Agency.(Tinio, Rebecca) (Entered: 08/17/2018)
2018-08-20	81	DECLARATION of Mark Herrington in Support re: 74 MOTION for Summary Judgment .. Document filed by Department of Defense, Department of Justice, Department of State. (Attachments: # 1 Exhibit Revised Vaughn Index)(Tinio, Rebecca) (Entered: 08/20/2018)
2018-08-21	82	MEMO ENDORSEMENT on re: 80 Letter regarding Status Report and Request for Leave to Submit Further Status Report filed by Central Intelligence Agency. ENDORSEMENT: Granted. The parties are directed to file a joint status report by Friday, October 5, 2018. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/21/2018) (rj) (Entered: 08/21/2018)
2018-08-21	83	CROSS MOTION for Summary Judgment Against Defendant Department of State and Partial Summary Judgment Against Defendant Department of Defense . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Diakun, Anna) (Entered: 08/21/2018)
2018-08-21	84	MEMORANDUM OF LAW in Support re: 83 CROSS MOTION for Summary Judgment Against Defendant Department of State and Partial Summary Judgment Against Defendant Department of Defense . and in Opposition to Defendants' Motion for Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 08/21/2018)
2018-08-21	85	DECLARATION of Anna Diakun in Support re: 83 CROSS MOTION for Summary Judgment Against Defendant Department of State and Partial Summary Judgment Against Defendant Department of Defense .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45)(Diakun, Anna) (Entered: 08/21/2018)
2018-08-29	86	LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated August 29, 2018. Document filed by Department of Defense, Department of State.(Tinio, Rebecca) (Entered: 08/29/2018)
2018-08-30	87	ORDER granting 86 Letter Motion for Extension of Time. Granted. On or before September 21, 2018, DOS and DOD shall release re-processed versions of the remaining challenged documents to plaintiffs, where additional information may be released. On or before September 28, 2018, plaintiffs shall inform the Government which documents they continue to challenge. DOS and DOD shall file their opposition/reply brief on or before October 12, 2018. Finally, plaintiffs shall file their reply brief, if necessary, on or before October 26, 2018. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/30/2018) (anc) (Entered: 08/30/2018)
2018-08-30		Set/Reset Deadlines: Responses due by 10/12/2018. Replies due by 10/26/2018. (anc) (Entered: 08/30/2018)
2018-09-20	88	LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated September 20, 2018. Document filed by Department of Defense, Department of State.(Tinio, Rebecca) (Entered: 09/20/2018)
2018-09-24	89	ORDER granting 88 Letter Motion for Extension of Time. Granted. On September 28, 2018, DOS and DOD shall release re-processed versions of remaining challenged documents, if additional information may be released, to plaintiffs. On October 5, 2018, plaintiffs shall inform the government which documents plaintiffs continue to challenge. On October 19, 2018, DOS and DOD shall file their opposition/reply brief, if necessary. On November 3, 2018, plaintiffs shall file their reply brief, if necessary. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/20/2018) (anc) Modified on 9/25/2018 (anc). (Entered: 09/24/2018)
2018-09-24		Set/Reset Deadlines: Responses due by 10/19/2018. Replies due by 11/3/2018. (anc) (Entered: 09/24/2018)
2018-10-05	90	LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Anna Diakun dated October 5, 2018. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Text of Proposed Order)(Diakun, Anna) (Entered: 10/05/2018)
2018-10-05	91	LETTER addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated October 5, 2018 re: Status Report and Request for Leave to Submit Further Status Report. Document filed by Central Intelligence Agency.(Tinio, Rebecca) (Entered: 10/05/2018)
2018-10-11	92	MEMO ENDORSEMENT on re: 91 Letter filed by Central Intelligence Agency. ENDORSEMENT: The Court appreciates this update. The parties are directed to provide a further status report no later than Friday, October 12, 2018, with respect to proposed next steps in this matter. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/11/2018) (anc) (Entered: 10/11/2018)
2018-10-11	93	REVISED SCHEDULING ORDER granting 90 Letter Motion for Extension of Time. The Court ORDERS as follows: By October 19, 2018, Plaintiffs shall inform the government which documents Plaintiffs continue to challenge. By November 7, 2018, Defendants Department of State and Department of Defense shall file their opposition/reply brief, if necessary (25 pages). By November 28, 2018, Plaintiffs shall file their reply brief, if necessary (25 pages). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/11/2018) (anc) (Entered: 10/11/2018)
2018-10-12	94	LETTER addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated October 12, 2018 re: Rebecca S. Tinio. Document filed by Central Intelligence Agency.(Tinio, Rebecca) (Entered: 10/12/2018)
2018-10-15	95	MEMO ENDORSEMENT on re: 94 LETTER addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated October 12, 2018 re: Rebecca S. Tinio. Document filed by Central Intelligence Agency. ENDORSEMENT: So ordered. (Signed by Judge Paul A. Engelmayer on 10/12/2018) (rjm) (Entered: 10/15/2018)
2018-11-05	96	LETTER MOTION for Extension of Time (to Modify Schedule) addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated November 5, 2018. Document filed by Department of Defense, Department of State.(Tinio, Rebecca) (Entered: 11/05/2018)
2018-11-07	97	ORDER granting 96 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/7/2018) (anc) (Entered: 11/07/2018)
2018-11-09	98	LETTER addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated November 9, 2018 re: Status Report and Request for Approval of Joint Proposal. Document filed by Central Intelligence Agency.(Tinio, Rebecca) (Entered: 11/09/2018)
2018-11-13	99	MEMO ENDORSEMENT on re: 98 Letter filed by Central Intelligence Agency. ENDORSEMENT: Granted. The Court appreciates this update. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/13/2018) (jca) (Entered: 11/13/2018)
2018-12-11	100	LETTER addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated December 11, 2018 re: Status Report and Request for Leave to Submit Further Status Report. Document filed by Central Intelligence Agency.(Tinio, Rebecca) (Entered: 12/11/2018)
2018-12-13	101	MEMO ENDORSEMENT on re: 100 Letter filed by Central Intelligence Agency. ENDORSEMENT: The Court appreciates this update. The parties are directed to submit a status report no later than December 18, 2018. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/12/2018) (anc) (Entered: 12/13/2018)
2018-12-18	102	LETTER addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated December 18, 2018 re: Status Report and Joint Scheduling Request. Document filed by Central Intelligence Agency, Department of Defense, Department of State.(Tinio, Rebecca) (Entered: 12/18/2018)
2018-12-20	103	MEMO ENDORSEMENT on 102 LETTER denying without prejudice 74 Motion for Summary Judgment; denying without prejudice 83 Motion for Summary Judgment. ENDORSEMENT: Granted. In light of the parties' representations and agreement that plaintiffs' pending challenges are most efficiently addressed in a single round of new motion practices, the Court respectfully directs the Clerk of Court to deny the motions currently pending at docket entries 74 and 83, without prejudice to the parties to file new motions for summary judgment. The Court further orders defendants DOD, DOS, and CIA to file their motion for summary judgment, not to exceed 35 pages, on February 8, 2019. Plaintiffs are directed to file their opposition and cross-motion, not to exceed 35 pages, on March 15, 2019. Defendants shall file their opposition and reply, not to exceed 25 pages, on April 26, 2019. Plaintiffs shall file their reply, not to exceed 25 pages, on April 26, 2019. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/20/2018) (anc) (Entered: 12/20/2018)
2018-12-20		Set/Reset Deadlines: Cross Motions due by 3/15/2019. Motions due by 2/8/2019. Responses due by 4/26/2019. Replies due by 4/26/2019. (anc) (Entered: 12/20/2018)
2018-12-27	104	STANDING ORDER M10-468 The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (ks) (Entered: 01/02/2019)
2018-12-27		Case Stayed (rro) (Entered: 01/14/2019)
2019-01-31	105	LETTER addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated January 31, 2019 re: Tolling of Existing Deadlines. Document filed by Central Intelligence Agency, Department of Defense, Department of State.(Tinio, Rebecca) (Entered: 01/31/2019)
2019-03-08	106	LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated March 8, 2019. Document filed by Central Intelligence Agency, Department of Defense, Department of State.(Tinio, Rebecca) (Entered: 03/08/2019)
2019-03-11	107	ORDER granting 106 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/11/2019) (anc) (Entered: 03/11/2019)
2019-03-11		Set/Reset Deadlines: Cross Motions due by 5/3/2019. Motions due by 3/29/2019. Responses due by 5/24/2019. Replies due by 6/14/2019. (anc) (Entered: 03/11/2019)
2019-03-15	108	LETTER addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated March 15, 2019 re: Notification of Anticipated Lodging of Classified Information. Document filed by Central Intelligence Agency.(Tinio, Rebecca) (Entered: 03/15/2019)
2019-03-29	109	LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated March 29, 2019. Document filed by Central Intelligence Agency, Department of Defense, Department of State.(Tinio, Rebecca) (Entered: 03/29/2019)
2019-03-29	110	ORDER granting 109 Letter Motion for Extension of Time. Granted. Defendants DOD, DOS, and CIA shall file their motion for summary judgment on April 5, 2019. Plaintiffs shall file their opposition and cross-motion on May 10, 2019. Defendants shall file their opposition and reply on May 31, 2019. Plaintiffs shall file their reply on June 21, 2019. SO ORDERED. (Motions due by 4/5/2019.) (Signed by Judge Paul A. Engelmayer on 3/29/2019) (anc) (Entered: 03/29/2019)
2019-03-29		Set/Reset Deadlines: Responses due by 5/31/2019. Replies due by 6/21/2019. (anc) (Entered: 03/29/2019)
2019-04-05	111	MOTION for Summary Judgment . Document filed by Central Intelligence Agency, Department of Defense, Department of State.(Tinio, Rebecca) (Entered: 04/05/2019)
2019-04-05	112	MEMORANDUM OF LAW in Support re: 111 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency, Department of Defense, Department of State. (Tinio, Rebecca) (Entered: 04/05/2019)
2019-04-05	113	DECLARATION of Major General Jim Hecker in Support re: 111 MOTION for Summary Judgment .. Document filed by Department of Defense. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - Vaughn Index)(Tinio, Rebecca) (Entered: 04/05/2019)
2019-04-05	114	DECLARATION of Eric F. Stein in Support re: 111 MOTION for Summary Judgment .. Document filed by Department of State. (Attachments: # 1 Exhibit 1 - FOIA Request, # 2 Exhibit 2 - Acknowledgment Letter, # 3 Exhibit 3 - November 2017 Letter, # 4 Exhibit 4 - December 2017 Letter, # 5 Exhibit 5 - July 2018 Letter, # 6 Exhibit 6 - September 2018 Letter)(Tinio, Rebecca) (Entered: 04/05/2019)
2019-04-05	115	DECLARATION of Antoinette B. Shiner in Support re: 111 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Tinio, Rebecca) (Entered: 04/05/2019)
2019-04-05	116	NOTICE of Lodging of Classified Document re: 111 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Tinio, Rebecca) (Entered: 04/05/2019)
2019-05-10	117	CROSS MOTION for Summary Judgment Against Defendants Department of State and Department of Defense . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Diakun, Anna) (Entered: 05/10/2019)
2019-05-10	118	MEMORANDUM OF LAW in Support re: 117 CROSS MOTION for Summary Judgment Against Defendants Department of State and Department of Defense . and in Opposition to Defendants' Motion for Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 05/10/2019)
2019-05-10	119	DECLARATION of Anna Diakun in Support re: 117 CROSS MOTION for Summary Judgment Against Defendants Department of State and Department of Defense .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56)(Diakun, Anna) (Entered: 05/10/2019)
2019-05-24	120	LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated May 24, 2019. Document filed by Department of Defense, Department of State.(Tinio, Rebecca) (Entered: 05/24/2019)
2019-05-28	121	ORDER granting 120 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/28/2019) (jca) (Entered: 05/28/2019)
2019-05-28		Set/Reset Deadlines: Responses due by 6/7/2019, Replies due by 7/2/2019. (jca) (Entered: 05/28/2019)
2019-06-05	122	LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated June 5, 2019. Document filed by Department of Defense, Department of State.(Tinio, Rebecca) (Entered: 06/05/2019)
2019-06-06	123	ORDER granting 122 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/6/2019) (anc) (Entered: 06/06/2019)
2019-06-06		Set/Reset Deadlines: Responses due by 6/28/2019. Replies due by 7/19/2019. (anc) (Entered: 06/06/2019)
2019-06-28	124	REPLY MEMORANDUM OF LAW in Support re: 111 MOTION for Summary Judgment . and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment . Document filed by Department of Defense, Department of State. (Tinio, Rebecca) (Entered: 06/28/2019)
2019-06-28	125	DECLARATION of Mark H. Herrington in Support re: 111 MOTION for Summary Judgment .. Document filed by Department of Defense. (Tinio, Rebecca) (Entered: 06/28/2019)
2019-06-28	126	DECLARATION of Eric F. Stein in Support re: 111 MOTION for Summary Judgment .. Document filed by Department of State. (Tinio, Rebecca) (Entered: 06/28/2019)
2019-07-19	127	REPLY MEMORANDUM OF LAW in Support re: 117 CROSS MOTION for Summary Judgment Against Defendants Department of State and Department of Defense . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Diakun, Anna) (Entered: 07/19/2019)
2019-07-19	128	DECLARATION of Anna Diakun in Support re: 117 CROSS MOTION for Summary Judgment Against Defendants Department of State and Department of Defense .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Diakun, Anna) (Entered: 07/19/2019)
2019-07-30	129	LETTER addressed to Judge Paul A. Engelmayer from Anna Diakun dated July 30, 2019 re: Oral Argument Availability. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Diakun, Anna) (Entered: 07/30/2019)
2019-07-31	130	MEMO ENDORSEMENT on re: 129 Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation. ENDORSEMENT: The Court appreciates this update. Oral argument is scheduled for Tuesday, October 8, 2019, at 2:30 p.m. (Oral Argument set for 10/8/2019 at 02:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 7/31/2019) (jwh) (Entered: 08/01/2019)
2019-09-30	131	NOTICE OF CHANGE OF ADDRESS by Anna Natalia Diakun on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. New Address: Knight First Amendment Institute at Columbia University, 475 Riverside Drive, Suite 302, New York, NY, USA 10115, 646-745-8500. (Diakun, Anna) (Entered: 09/30/2019)
2019-10-04	132	LETTER addressed to Judge Paul A. Engelmayer from Rebecca S. Tinio dated October 4, 2019 re: Notifying the Court of Recently Issued Caselaw. Document filed by Department of Defense, Department of State.(Tinio, Rebecca) (Entered: 10/04/2019)
2019-10-07	133	LETTER addressed to Judge Paul A. Engelmayer from Anna Diakun dated October 7, 2019 re: Response to Government Letter Notifying the Court of Recently Issued Caselaw. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Diakun, Anna) (Entered: 10/07/2019)
2019-10-08		Minute Entry for proceedings held before Judge Paul A. Engelmayer: Oral Argument held on 10/8/2019. Anna Natalia Diakun, Hina Shamsi & Brett Max Kaufman present for Plaintiff. Rebecca Sol Tinio present & Sarah Normand for Defendants. Court reporter present. (ajs) (Entered: 10/09/2019)
2019-10-15	134	TRANSCRIPT of Proceedings re: CONFERNCE held on 10/8/2019 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Martha Martin, (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 11/5/2019. Redacted Transcript Deadline set for 11/15/2019. Release of Transcript Restriction set for 1/13/2020.(McGuirk, Kelly) (Entered: 10/15/2019)
2019-10-15	135	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/8/19 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: 10/15/2019)
2020-01-27	136	OPINION & ORDER: For the foregoing reasons, the ACLU's motion for summary judgment is denied except as to CENTCOM/027-030 and JS/057-058, and the Government's motion for summary judgment is granted except as to CENTCOM/027-030 and JS/057-058. The Government is directed to provide those two records for secure in camera review by February 13, 2020. The Clerk of Court is respectfully directed to terminate the motions pending at dockets 111 and 117. SO ORDERED.. Motions terminated: 117 CROSS MOTION for Summary Judgment Against Defendants Department of State and Department of Defense , filed by American Civil Liberties Union, American Civil Liberties Union Foundation; 111 MOTION for Summary Judgment , filed by Department of Defense, Department of State, Central Intelligence Agency. (Signed by Judge Paul A. Engelmayer on 1/27/2020) (va) (Entered: 01/27/2020)
2020-02-13	137	NOTICE of of Lodging of Classified Documents. Document filed by Department of Defense..(Tinio, Rebecca) (Entered: 02/13/2020)
2020-11-12	138	OPINION & ORDER: Accordingly, the Court grants defendants' motion for summary judgment, and denies the ACLU's motion for summary judgment, with respect to CENTCOM/027030 and JS/057058. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Paul A. Engelmayer on 11/12/2020) (jwh) Transmission to Orders and Judgments Clerk for processing. (Entered: 11/12/2020)
2020-11-12	139	CLERK'S JUDGMENT re: 138 Memorandum & Opinion in favor of Central Intelligence Agency, Department of Defense, Department of Justice, Department of State against American Civil Liberties Union, American Civil Liberties Union Foundation. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated November 12, 2020, defendants' motion for summary judgment is granted, and the ACLU's motion for summary judgment is denied, with respect to CENTCOM/027030 and JS/057058; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/12/2020) (Attachments: # 1 Right to Appeal) (km) (Entered: 11/12/2020)
2020-11-12		Terminate Transcript Deadlines (km) (Entered: 11/12/2020)
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