Case Detail

FOIA Project Annotation: A federal court in Georgia has ruled that the Southeastern Legal Foundation is bound by the referral decision made by the Main Referral Unit at the Department of Justice of its request for records pertaining to whether the agency violated the Foreign Intelligence Surveillance Court Rules of Procedure or applicable Rules of Professional Conduct in connection with the Carter Page surveillance application in October 2016. MRU referred the request to DOJ's National Security Division as the only DOJ component likely to have responsive records. NSD conducted several searches but concluded that it had no responsive records. SLF contacted NSD and provided a list of search terms and a list of custodians it believed would have responsive records. NSD conducted a further search based on SLF's suggestions but did not search for records of non-NSD personnel. When the agency found no responsive records, SLF filed suit, arguing that the agency failed to conduct an adequate search because the OIG Report on the applications showed that records did exist. Judge J.P. Boulee began his discussion by noting that "the crux of SLF's argument is that the DOJ's search was inadequate because it refused for records outside the NSD. SLF underscores that it sent the request to the MRU rather than to a specific component for this reason and argues that 'more than one component within the DOJ can â€" and should â€" respond to a single request when necessary.'" Boulee explained that "the DOJ counters that it processed SLF's request in accordance with its regulations. It points out that those regulations provide that requests sent to the MRU (as opposed to a specific component) will be processed by the components(s) to which the MRU forwards the request and that MRU's referral decision is based on which components(s) it believes is 'most likely to have responsive documents.'" Boulee indicated that DOJ had the better argument. He observed that "SLF has not cited any law that authorizes the Court either to direct how the MRU makes its referral decision or to impose search obligations on the NSD beyond what the DOJ's regulations require." He added that "the Court is mindful of not micromanaging the DOJ's processes for responding to general requests sent to its MRU. This is particularly true where, as here, an existing DOJ regulation directs how those requests should be handled." Boulee pointed out that "by choosing to send a general request to the MRU, SLF accepted the inherent risk that the MRU will send the request to fewer or none of the components that SLF believe are relevant. The Court declines to require DOJ to change its processes or regulations for addressing non-specific FOIA requests to otherwise require the NSD to search for records outside its boundaries. If SLF believes that its request should go to a component other than NSD, it has the option to send a request to that component."
Issues: Adequacy - Search, Search - Referral

Date Filed	Doc #	Docket Text
2019-07-16	1	COMPLAINT filed by Southeastern Legal Foundation, Inc.. (Filing fee $400.00, receipt number AGANDC-8795019) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 07/17/2019)
2019-07-16	2	Electronic Summons Issued as to United States Department of Justice. (eop) (Entered: 07/17/2019)
2019-07-16	3	Electronic Summons Issued as to William P. Barr. (eop) (Entered: 07/17/2019)
2019-07-16	4	Electronic Summons Issued as to United States Attorney's Office. (eop) (Entered: 07/17/2019)
2019-07-16	5	Certificate of Interested Persons by Southeastern Legal Foundation, Inc.. (eop) (Entered: 07/17/2019)
2019-07-31	6	Return of Service Executed by Southeastern Legal Foundation, Inc.. United States Department of Justice served on 7/23/2019, answer due 9/23/2019. (Attachments: # 1 Exhibit Proof of Service to U.S. Department of Justice, # 2 Exhibit Proof of Service to U.S. Attorney General, # 3 Exhibit Proof of Service to U.S. Attorney NDGA)(Hermann, Kimberly) (Entered: 07/31/2019)
2019-08-06	7	Unopposed MOTION for Extension of Time to File a Response re: 1 Complaint, with Brief In Support by United States Department of Justice. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Williams, Samuel) (Entered: 08/06/2019)
2019-08-09	8	ORDER granting 7 Defendant's Motion for Extension of Time, through September 9, 2019, to file a responsive pleading to the Complaint. Signed by Judge J. P. Boulee on 8/9/19. (ddm) (Entered: 08/09/2019)
2019-08-20	9	STANDING ORDER REGARDING CIVIL LITIGATION . Signed by Judge J. P. Boulee on 8/20/19. (bnw) (Entered: 08/20/2019)
2019-08-28	10	Unopposed MOTION for Extension of Time to File a Responsive Pleading to Plaintiff's Complaint with Brief In Support by United States Department of Justice. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Williams, Samuel) Modified on 8/28/2019 to edit event type (bnp). (Entered: 08/28/2019)
2019-08-28	11	ORDER granting 10 Motion for Extension of Time to File Responsive Pleading. Defendant shall be granted an extension of time to file a responsive pleading to the Complaint through and including November 11, 2019. Signed by Judge J. P. Boulee on 8/28/19. (bnp) (Entered: 08/28/2019)
2019-11-12	12	Joint MOTION for Extension of Time to File Answer re 1 Complaint, with Brief In Support by United States Department of Justice. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Williams, Samuel) (Entered: 11/12/2019)
2019-11-12	13	ORDER granting the parties' 12 Joint Motion for Extension of Time, through December 12, 2019, for Defendant to respond to 1 Plaintiff's Complaint. Because this is the third extension, it is unlikely that further extensions will be granted. Signed by Judge J. P. Boulee on 11/12/19. (ddm) (Entered: 11/12/2019)
2019-12-12	14	Defendant's ANSWER to 1 COMPLAINT by United States Department of Justice. Discovery ends on 5/11/2020.(Williams, Samuel) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 12/12/2019)
2020-01-14	15	JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by United States Department of Justice. (Williams, Samuel) (Entered: 01/14/2020)
2020-01-16	16	SCHEDULING ORDER approving the parties' 15 Joint Preliminary Report and Discovery Plan. Per the request of the parties, there shall be no discovery in this case. The parties shall provide a joint status update to this Court no later than April 15, 2020. As part of that status update, the parties shall propose deadlines for dispositive motions. Signed by Judge J. P. Boulee on 1/16/20. (ddm) (Entered: 01/16/2020)
2020-03-20	17	General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (ddm) (Entered: 03/20/2020)
2020-04-02	18	Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (aaq) (ADI) (Entered: 04/02/2020)
2020-04-15	19	Unopposed MOTION to Stay with Brief In Support by United States Department of Justice. (Attachments: # 1 Text of Proposed Order)(Williams, Samuel) (Entered: 04/15/2020)
2020-04-16		ORDER: In light of the public health emergency and for good cause shown, Defendant's 19 Unopposed Motion for a Stay is GRANTED. IT IS HEREBY ORDERED that all deadlines are stayed through and including June 15, 2020. On or before June 15, 2020, the parties shall provide the Court with a status update and proposed briefing schedule, if appropriate. Signed by Judge J. P. Boulee on 4/16/20. (bnw) (Entered: 04/16/2020)
2020-05-04	20	SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (adg) (ADI) (Entered: 05/04/2020)
2020-05-21	21	Certification of Consent to Substitution of Counsel. Lisa D. Cooper replacing attorney Samuel Harrington Williams. (Cooper, Lisa) (Entered: 05/21/2020)
2020-05-27	22	THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (ddm) (ADI) (Entered: 05/27/2020)
2020-06-15	23	STATUS REPORT by Southeastern Legal Foundation, Inc.. (Hermann, Kimberly) (Entered: 06/15/2020)
2020-06-15	24	Joint MOTION for Order Scheduling Briefing by Southeastern Legal Foundation, Inc.. (Attachments: # 1 Text of Proposed Order)(Hermann, Kimberly) (Entered: 06/15/2020)
2020-06-16	25	ORDER granting 24 the parties' Joint Motion for Entry of Briefing Schedule. The parties shall file cross motions for summary judgment no later than July 15, 2020. Responses to the motions shall be filed no later than August 6, 2020. Replies, if any, shall be filed no later than August 21, 2020. Signed by Judge J. P. Boulee on 6/16/2020. (ddm) (Entered: 06/17/2020)
2020-06-30	26	NOTICE of Appearance by Anna Celia Howard on behalf of Southeastern Legal Foundation, Inc. (Howard, Anna) (Entered: 06/30/2020)
2020-07-02	27	FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (rvb) (ADI) (Entered: 07/02/2020)
2020-07-13	28	FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (adg) (ADI) (Entered: 07/13/2020)
2020-07-15	29	MOTION for Summary Judgment with Brief In Support by United States Department of Justice. (Attachments: # 1 Brief In Support of Motion for Summary Judgment, # 2 Statement of Material Facts, # 3 Attachment-Decl. of K. Tiernan with Exhibits)(Cooper, Lisa) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 07/15/2020)
2020-07-15	30	MOTION for Summary Judgment with Brief In Support by Southeastern Legal Foundation, Inc.. (Attachments: # 1 Statement of Material Facts Plaintiff's Statement of Material Facts, # 2 Brief Plaintiff's Brief In Support of MSJ, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Affidavit Declaration of Kimberly S. Hermann)(Howard, Anna) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 07/15/2020)
2020-08-04	31	SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (aaq) (ADI) (Entered: 08/04/2020)
2020-08-04	32	Joint MOTION for Extension of Time File Responses to Cross Motions for Summary Judgment re: 29 MOTION for Summary Judgment , 30 MOTION for Summary Judgment by Southeastern Legal Foundation, Inc.. (Attachments: # 1 Text of Proposed Order)(Hermann, Kimberly) (Entered: 08/04/2020)
2020-08-05		ORDER: For good cause shown, the 32 Joint Motion to Extend Time is GRANTED. IT IS HEREBY ORDERED that Plaintiff and Defendant shall file their responses to the cross motions for summary judgment no later than August 13, 2020. Signed by Judge J. P. Boulee on 8/5/20. (bnw) (Entered: 08/05/2020)
2020-08-13	33	RESPONSE in Opposition re 29 MOTION for Summary Judgment filed by Southeastern Legal Foundation, Inc.. (Howard, Anna) (Entered: 08/13/2020)
2020-08-13	34	Response to Statement of Material Facts re 29 MOTION for Summary Judgment filed by Southeastern Legal Foundation, Inc.. (Howard, Anna) (Entered: 08/13/2020)
2020-08-13	35	RESPONSE re 30 MOTION for Summary Judgment filed by United States Department of Justice. (Cooper, Lisa) (Entered: 08/13/2020)
2020-08-13	36	RESPONSE re 30 MOTION for Summary Judgment to Plaintiff's Statement of Material Facts as to Which There Is No Genuine Issue To Be Tried filed by United States Department of Justice. (Cooper, Lisa) (Entered: 08/13/2020)
2020-08-13	37	STATEMENT of Additional Facts by United States Department of Justice. (Attachments: # 1 Exhibit A- Declaration of Joseph Gerstell, # 2 Exhibit B- Declaration of Kevin Tiernan)(Cooper, Lisa) (Entered: 08/13/2020)
2020-08-21	38	REPLY BRIEF re 30 MOTION for Summary Judgment filed by Southeastern Legal Foundation, Inc.. (Howard, Anna) (Entered: 08/21/2020)
2020-08-21	39	REPLY to Response to Motion re 30 MOTION for Summary Judgment filed by Southeastern Legal Foundation, Inc.. (Howard, Anna) (Entered: 08/21/2020)
2020-08-21	40	REPLY to Response to Motion re 29 MOTION for Summary Judgment filed by United States Department of Justice. (Cooper, Lisa) Modified on 8/24/2020 to edit doc link (tmf). (Entered: 08/21/2020)
2020-08-26		Submission of 29 MOTION for Summary Judgment , 30 MOTION for Summary Judgment , to District Judge J. P. Boulee. (ddm) (Entered: 08/26/2020)
2020-09-02	41	SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (mmc) (ADI) (Entered: 09/02/2020)
2020-09-29	42	EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (mmc) (ADI) (Entered: 09/29/2020)
2020-12-09	43	NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (rvb) (ADI) (Entered: 12/09/2020)
2021-01-28	44	TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (rvb) (ADI) (Entered: 01/28/2021)
2021-03-10	45	ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (ddm) (ADI) (Entered: 03/10/2021)
2021-03-15	46	ORDER denying without prejudice to refile 29 Defendant's Motion for Summary Judgment and 30 Plaintiff's Motion for Summary Judgment. Signed by Judge J. P. Boulee on 3/15/2021. (ddm) (Entered: 03/15/2021)
2021-04-05	47	Consent MOTION for Extension of Time to Refile Motion for Summary Judgment with Brief In Support by United States Department of Justice. (Attachments: # 1 Text of Proposed Order)(Cooper, Lisa) (Entered: 04/05/2021)
2021-04-06		ORDER: For good cause shown, Defendant's 47 Consent Motion for Extension of Time is GRANTED. IT IS HEREBY ORDERED that Defendants deadline to refile its motion for summary judgment is extended through and including April 18, 2021. Signed by Judge J. P. Boulee on 4/6/21. (bnw) (Entered: 04/06/2021)
2021-04-28	48	MOTION for Summary Judgment with Brief In Support by United States Department of Justice. (Attachments: # 1 Brief In Support of Defendant's Motion for Summary Judgment, # 2 Statement of Material Facts, # 3 Exhibit A-Supplemental Declaration of Joseph E. Gerstell, # 4 Exhibit B-Declaration of Joseph E.Gerstell, # 5 Exhibit C-Declaration of Kevin Tiernan & Exhibits)(Cooper, Lisa) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 04/28/2021)
2021-05-19	49	Cross MOTION for Summary Judgment with Brief In Support by Southeastern Legal Foundation, Inc.. (Attachments: # 1 Brief, # 2 Statement of Material Facts, # 3 Declaration, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(O'Leary, Celia) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 05/19/2021)
2021-05-25		Submission of 48 MOTION for Summary Judgment to District Judge J. P. Boulee. (rjc) (Entered: 05/25/2021)
2021-06-09	50	Consent MOTION for Extension of Time File Response re: 49 Cross MOTION for Summary Judgment with Brief In Support by United States Department of Justice. (Attachments: # 1 Brief In Support of Defendant's Consent Motion for Extension of Time, # 2 Text of Proposed Order)(Cooper, Lisa) (Entered: 06/09/2021)
2021-06-10		ORDER: For good cause shown, Defendant's 50 Consent Motion for Extension of Time is GRANTED. IT IS HEREBY ORDERED that Defendant's deadline to respond to Plaintiff's Cross Motion for Summary Judgment is extended through and including June 11, 2021. Signed by Judge J. P. Boulee on 6/10/21. (bnw) (Entered: 06/10/2021)
2021-06-11	51	Response to Statement of Material Facts re 49 Cross MOTION for Summary Judgment filed by United States Department of Justice. (Cooper, Lisa) (Entered: 06/11/2021)
2021-06-11	52	RESPONSE in Opposition re 49 Cross MOTION for Summary Judgment filed by United States Department of Justice. (Cooper, Lisa) (Entered: 06/11/2021)
2021-06-11	53	REPLY BRIEF re 48 MOTION for Summary Judgment filed by United States Department of Justice. (Cooper, Lisa) Modified on 6/11/2021 (rjc). (Entered: 06/11/2021)
2021-06-30		Submission of 49 Cross MOTION for Summary Judgment to District Judge J. P. Boulee. (rjc) (Entered: 06/30/2021)
2021-08-23	54	ORDER: Pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, it is hereby ORDERED that this action [1:19-CV-3429-MHC] shall be consolidated with Se. Legal Found., Inc. v. United States Dep't of Justice, No. 1:19-CV-3215-JPB. Consequently, all future filings shall occur only in the first-filed case, No. 1:19- CV-3215-JPB. The Clerk is DIRECTED to administratively close the above styled case. Signed by Judge Mark H. Cohen on 8/23/2021. (tmf) (Entered: 08/23/2021)
2021-08-27	55	APPLICATION for Admission of Braden H. Boucek Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11217267).by Southeastern Legal Foundation, Inc.. (O'Leary, Celia) Documents for this entry are not available for viewing outside the courthouse. (Entered: 08/27/2021)
2021-08-31		APPROVAL by Clerks Office re: 55 APPLICATION for Admission of Braden H. Boucek Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11217267). Attorney Braden H. Boucek added appearing on behalf of Southeastern Legal Foundation, Inc. (cdg) (Entered: 08/31/2021)
2021-11-18		ORDER granting 55 Application for Admission Pro Hac Vice. Signed by Judge J. P. Boulee on 11/18/21. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bnw) (Entered: 11/18/2021)
2021-12-14	56	Notice for Leave of Absence for the following date(s): December 20, 2021 to January 5, 2022, by Lisa D. Cooper. (Cooper, Lisa) (Entered: 12/14/2021)
2022-02-15		NOTICE: Effective immediately, all communications related to cases assigned to Judge Boulee should be directed to 404-215-1410 or CRD_JPB@gand.uscourts.gov.(jra) (Entered: 02/15/2022)
2022-03-31	57	ORDER: The Court GRANTS the DOJ's Motion (ECF No. 48 ) and DENIES SLF's Motion (ECF No. 49 ). The Clerk is, however, DIRECTED to refrain from terminating the case at this time as there are still pending issues in this action. A similar case between these parties was previously pending before the Honorable Mark H. Cohen of this district (the "Cohen Case"). On August 23, 2021, the Cohen Case was transferred to the undersigned and consolidated with this case. The parties are therefore DIRECTED to provide a status update regarding the Cohen Case within seven days of the date of this Order. Signed by Judge J. P. Boulee on 3/31/2022. (cmd) (Entered: 03/31/2022)
2022-04-04	58	STATUS REPORT Joint by United States Department of Justice. (Cooper, Lisa) (Entered: 04/04/2022)
2022-04-14		NOTICE OF VIDEO PROCEEDING : Status Conference set for 4/25/2022 at 09:30 AM via Zoom before Judge J. P. Boulee. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1602174807 Meeting ID: 160 217 4807 Passcode: 833712 or dial +1 669 254 5252 US (San Jose) Meeting ID: 160 217 4807 Passcode: 833712. You must follow the instructions of the Court for remote proceedings available here . The procedure for filing documentary exhibits admitted during the proceeding is available here . Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (ceo) (Entered: 04/14/2022)
2022-04-25	59	STIPULATION of Dismissal by Southeastern Legal Foundation, Inc.. (O'Leary, Celia) (Entered: 04/25/2022)
2022-04-25	60	Minute Entry for proceedings held before Judge J. P. Boulee: Status Conference held on 4/25/2022. The Court held a Status Conference via Zoom on 4/25/2022. The Court addressed the summary judgment motion and affidavit regarding the FOIA request to the FBI. The parties informed the Court that they intend to file a stipulation of dismissal regarding the claims concerning the FBI. Hearing concluded. See transcript for additional details. Hearing Concluded. (Court Reporter Penny Coudriet)(abm) (Entered: 04/25/2022)
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