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Case TitlePROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02362
Date Filed2021-09-07
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffPROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.
Case DescriptionThe Project for Privacy and Surveillance Accountability submitted a FOIA request to the FBI for records concerning correspondence between a list of Senators and House members and any agency concerning the unmasking of congressmen. The agency acknowledged receipt of the request. The agency then issued a Glomar response neither confirm nor denying the existence of records. PPSA filed an administrative appeal but after hearing nothing further from the agency, PPSA filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Opinion/Order [20]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-09-071COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-8714349) filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Summons Department of Justice, # 9 Summons US Attorney General, # 10 Summons US Attorney for DC)(Schaerr, Gene) (Entered: 09/07/2021)
2021-09-072LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. (Schaerr, Gene) (Entered: 09/07/2021)
2021-09-08Case Assigned to Judge Rudolph Contreras. (znmg) (Entered: 09/08/2021)
2021-09-083SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 09/08/2021)
2021-09-294RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/13/2021. Answer due for ALL FEDERAL DEFENDANTS by 10/13/2021. (Schaerr, Gene) (Entered: 09/29/2021)
2021-09-295RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/13/2021. (Schaerr, Gene) (Entered: 09/29/2021)
2021-09-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 9/13/2021 (Schaerr, Gene) (Entered: 09/29/2021)
2021-10-137ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Taylor, Kristin) (Entered: 10/13/2021)
2021-10-13MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule on or before October 28, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 10/13/2021. (lcrc1) (Entered: 10/13/2021)
2021-10-288PROPOSED BRIEFING SCHEDULE re Order to Submit Joint Proposed Briefing Schedule by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 10/28/2021)
2021-10-28MINUTE ORDER adopting 8 the parties' Proposed Briefing Schedule: It is hereby ORDERED that the following schedule shall govern further proceedings: Defendant shall file its motion for summary judgment on or before January 14, 2022; Plaintiff shall file its combined opposition and cross-motion for summary judgment on or before February 25, 2022; Defendant shall file its combined opposition and reply on or before March 11, 2022; and Plaintiff shall file its reply on or before March 25, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 10/28/2021. (lcrc1) (Entered: 10/28/2021)
2021-10-29Set/Reset Deadlines: Cross Motions due by 2/25/2022. Response to Cross Motions due by 3/11/2022. Reply to Cross Motions due by 3/25/2022. Summary Judgment motions due by 1/14/2022. Response to Motion for Summary Judgment due by 2/25/2022. Reply to Motion for Summary Judgment due by 3/11/2022. (tj) (Entered: 10/29/2021)
2022-01-149MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Statement of Facts, # 4 Text of Proposed Order)(Taylor, Kristin) (Entered: 01/14/2022)
2022-02-1810Consent MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Summary Judgment and Cross-Motion for Summary Judgment & Corresponding Adjustments to Remaining Deadlines by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Schaerr, Gene) (Entered: 02/18/2022)
2022-02-18MINUTE ORDER granting 10 Plaintiff's Consent Motion for Extension of Time: It is hereby ORDERED that the following schedule shall govern proceedings in this case: Plaintiff shall file its combined summary judgment opposition and cross-motion for summary judgment on or before March 11, 2022; Defendant shall file its combined opposition and reply on or before April 1, 2022; and Plaintiff shall file its reply on or before April 15, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 02/18/2022. (lcrc1) (Entered: 02/18/2022)
2022-03-1111NOTICE of Appearance by Brian J. Field on behalf of All Plaintiffs (Field, Brian) (Entered: 03/11/2022)
2022-03-1112Memorandum in opposition to re 9 MOTION for Summary Judgment with Local Rule 7(h) Statement and Supporting Memorandum filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Exhibit 1:1992 Memo, # 2 Exhibit 2:2013 Memo, # 3 Exhibit 3: The Release, # 4 Exhibit 4: 2017 Annex, # 5 Exhibit 5: ICD 112, # 6 Exhibit 6: Grenell Disclosure, # 7 Exhibit 7: Grenell Letter, # 8 Text of Proposed Order)(Schaerr, Gene) (Entered: 03/11/2022)
2022-03-1113Cross MOTION for Summary Judgment with Local Rule 7(h) Statement and Supporting Memorandum by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Exhibit 1:1992 Memo, # 2 Exhibit 2:2013 Memo, # 3 Exhibit 3: The Release, # 4 Exhibit 4: 2017 Annex, # 5 Exhibit 5: ICD 112, # 6 Exhibit 6: Grenell Disclosure, # 7 Exhibit 7: Grenell Letter, # 8 Text of Proposed Order)(Schaerr, Gene) (Entered: 03/11/2022)
2022-04-0114REPLY to opposition to motion re 9 MOTION for Summary Judgment , 12 Memorandum in Opposition, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts Response, # 2 Exhibit Second Seidel Decl., # 3 Text of Proposed Order)(Taylor, Kristin) (Entered: 04/01/2022)
2022-04-0115RESPONSE re 13 Cross MOTION for Summary Judgment with Local Rule 7(h) Statement and Supporting Memorandum filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts Response, # 2 Exhibit Second Seidel Decl., # 3 Text of Proposed Order)(Taylor, Kristin) (Entered: 04/01/2022)
2022-04-1516REPLY to opposition to motion re 13 Cross MOTION for Summary Judgment with Local Rule 7(h) Statement and Supporting Memorandum filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Schaerr, Gene) (Entered: 04/15/2022)
2022-05-1217NOTICE OF SUBSTITUTION OF COUNSEL by Olivia R. Hussey Scott on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Kristin Taylor (Scott, Olivia) (Entered: 05/12/2022)
2022-09-01MINUTE ORDER: It is hereby ORDERED that the parties shall appear for oral argument on the cross-motions for summary judgment on September 21, 2022 at 10:00 a.m., in Courtroom 23. SO ORDERED. Signed by Judge Rudolph Contreras on 9-1-2022. (lcrc3) (Entered: 09/01/2022)
2022-09-01Set/Reset Hearings: Motion Hearing set for 9/21/2022 at 10:00 AM in Courtroom 23A- In Person before Judge Rudolph Contreras. (tj) (Entered: 09/01/2022)
2022-09-19NOTICE OF COURTROOM CHANGE: Parties appearing in this matter on 9/21/2022 @ 10am before Judge Contreras, shall report to Courtroom 24A-4th Floor. (tj) (Entered: 09/19/2022)
2022-09-2018NOTICE of Appearance by Alexander V. Sverdlov on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Sverdlov, Alexander) (Entered: 09/20/2022)
2022-09-21Minute Entry for Motion Hearing held on 9/21/2022 before Judge Rudolph Contreras re 9 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE and 13 Cross MOTION for Summary Judgment filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. Oral arguments heard and taken under advisement. Court Reporter Nancy Meyer. (smc) (Entered: 09/21/2022)
2022-09-2919ORDER granting in part and denying in part 9 Defendant's Motion for Summary Judgment and denying 13 Plaintiff's Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 9-29-2022. (lcrc3) (Entered: 09/29/2022)
2022-09-2920MEMORANDUM OPINION granting in part and denying in part 9 Defendant's Motion for Summary Judgment and denying 13 Plaintiff's Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 9-29-2022. (lcrc3) (Entered: 09/29/2022)
2022-11-2821MOTION for Extension of Time to comply with the Court's September 29, 2022, order by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 11/28/2022)
2022-11-2822RESPONSE re 21 MOTION for Extension of Time to comply with the Court's September 29, 2022, order NOTICE OF CONSENT TO DEFENDANT'S MOTION filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Schaerr, Gene) (Entered: 11/28/2022)
2022-11-28MINUTE ORDER granting 21 Defendant's Motion for Extension of Time: It is hereby ORDERED that Defendant shall complete the search described by the Court in its September 29, 2022, Order, ECF No. 19, and produce any non-exempt portions of the relevant records by December 12, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 11-28-2022. (lcrc3) (Entered: 11/28/2022)
2022-12-21MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a joint status report that includes a proposed schedule to govern further proceedings on or before January 4, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 12/21/2022. (lcrc1) (Entered: 12/21/2022)
2023-01-0423Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sverdlov, Alexander) (Entered: 01/04/2023)
2023-01-04MINUTE ORDER: Upon consideration of 23 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report, updating the Court on the status of the parties' discussions about the FBI's supplemental response and proposing a schedule to govern further proceedings, on or before February 17, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 1/4/2023. (lcrc1) (Entered: 01/04/2023)
2023-02-1724Joint STATUS REPORT by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 02/17/2023)
2023-02-17MINUTE ORDER: Upon consideration of 24 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 17, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 2/17/2023. (lcrc1) (Entered: 02/17/2023)
2023-03-1725Joint STATUS REPORT by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 03/17/2023)
2023-03-17MINUTE ORDER: Upon consideration of 25 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before April 19, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 3/17/2023. (lcrc1) (Entered: 03/17/2023)
2023-04-1926Joint STATUS REPORT by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 04/19/2023)
2023-04-20MINUTE ORDER: Upon consideration of 26 the parties' joint status report, it is hereby ORDERED that the following schedule shall govern further proceedings: Defendant's motion for summary judgment shall be filed on or before July 9, 2023; Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before August 21, 2023; Defendant's reply and opposition to cross-motion for summary judgment shall be filed on or before September 11, 2023; and Plaintiff's reply in support of cross-motion for summary judgment shall be filed on or before October 2, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 4/20/2023. (lcrc1) (Entered: 04/20/2023)
2023-04-21Set/Reset Deadlines: Cross Motions due by 8/21/2023. Response to Cross Motions due by 9/11/2023. Reply to Cross Motions due by 10/2/2023. Responses due by 8/21/2023 Replies due by 9/11/2023. Summary Judgment motions due by 7/9/2023. (tj) (Entered: 04/21/2023)
2023-07-0627Consent MOTION for Extension of Time to file Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 07/06/2023)
2023-07-06MINUTE ORDER granting 27 Defendant's Motion for Extension of Time: it is hereby ORDERED that the following schedule shall govern further proceedings. Defendant's motion for summary judgment shall be filed on or before August 18, 2023; Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before October 2, 2023; Defendant's reply and opposition to cross-motion for summary judgment shall be filed on or before October 23, 2023; and Plaintiff's reply in support of cross-motion for summary judgment shall be filed on or before November 13, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 7/6/2023. (lcrc3) (Entered: 07/06/2023)
2023-08-1528Consent MOTION for Extension of Time to file motion for summary judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 08/15/2023)
2023-08-16MINUTE ORDER granting 28 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that the following schedule shall govern further proceedings: Defendant's motion for summary judgment shall be filed on or before September 18, 2023; Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before November 1, 2023; Defendant's reply and opposition to cross-motion for summary judgment shall be filed on or before November 22, 2023; and Plaintiff's reply in support of cross-motion for summary judgment shall be filed on or before December 13, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 8/16/2023. (lcrc1) (Entered: 08/16/2023)
2023-09-0129Consent MOTION for Extension of Time to File Summary Judgment Motion for Two Days, to September 20, 2023 by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Lynch, Christopher) (Entered: 09/01/2023)
2023-09-01MINUTE ORDER granting 29 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that the following schedule shall govern further proceedings: Defendant's motion for summary judgment shall be filed on or before September 20, 2023; Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before November 3, 2023; Defendant's reply and opposition to cross-motion for summary judgment shall be filed on or before November 24, 2023; and Plaintiff's reply in support of cross-motion for summary judgment shall be filed on or before December 15, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 9/1/2023. (lcrc3) (Entered: 09/01/2023)
2023-09-1430Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Lynch, Christopher) (Entered: 09/14/2023)
2023-09-15MINUTE ORDER granting 30 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that the following schedule shall govern further proceedings: Defendant's motion for summary judgment shall be filed on or before October 31, 2023; Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before December 14, 2023; Defendant's reply and opposition to cross-motion for summary judgment shall be filed on or before January 4, 2024; and Plaintiff's reply in support of cross-motion for summary judgment shall be filed on or before January 25, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 9/15/2023. (lcrc1) (Entered: 09/15/2023)
2023-10-3131MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Affidavit Declaration of Michael G. Seidel and Exhibits A-C, # 4 Text of Proposed Order)(Lynch, Christopher) (Entered: 10/31/2023)
2023-12-1232Consent MOTION for Extension of Time to File Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 12/12/2023)
2023-12-12MINUTE ORDER granting 32 Plaintiff's Consent Motion for Extension of Time: It is hereby ORDERED that the following schedule shall govern further proceedings: Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before January 4, 2024; Defendant's reply and opposition to cross-motion for summary judgment shall be filed on or before January 25, 2024; and Plaintiff's reply in support of cross-motion for summary judgment shall be filed on or before February 15, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 12/12/2023. (lcrc1) (Entered: 12/12/2023)
2024-01-0433RESPONSE re 31 MOTION for Summary Judgment filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1: 1992 Memo, # 4 Exhibit 2: 2013 Memo, # 5 Exhibit 3: The Release, # 6 Exhibit 4:2017 Annex, # 7 Exhibit 5: ICD 112, # 8 Exhibit 6: Grenell Disc., # 9 Exhibit 7: Grenell Letter, # 10 Text of Proposed Order)(Schaerr, Gene) (Entered: 01/04/2024)
2024-01-0434Cross MOTION for Summary Judgment by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1: 1992 Memo, # 4 Exhibit 2: 2013 Memo, # 5 Exhibit 3: The Release, # 6 Exhibit 4:2017 Annex, # 7 Exhibit 5: ICD 112, # 8 Exhibit 6: Grenell Disc., # 9 Exhibit 7: Grenell Letter, # 10 Text of Proposed Order)(Schaerr, Gene) (Entered: 01/04/2024)
2024-01-2535REPLY to opposition to motion re 31 MOTION for Summary Judgment , 34 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Affidavit Declaration of Christopher M. Lynch & Exhibits A&B, # 2 Statement of Facts Defendant's Response to Plaintiff's Counter Statement of Material Facts)(Lynch, Christopher) (Entered: 01/25/2024)
2024-01-2536RESPONSE re 34 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Affidavit Declaration of Christopher M. Lynch & Exhibits A & B, # 2 Statement of Facts Defendant's Response to Plaintiff's Counter Statement)(Lynch, Christopher) (Entered: 01/25/2024)
2024-02-1537REPLY to opposition to motion re 34 Cross MOTION for Summary Judgment filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Schaerr, Gene) (Entered: 02/15/2024)
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