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Case TitleKnight First Amendment Institute at Columbia University v. Central Intelligence Agency et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv01542
Date Filed2022-02-24
Date ClosedOpen
JudgeJudge Colleen McMahon
PlaintiffKnight First Amendment Institute at Columbia University
Case DescriptionThe Knight First Amendment Institute submitted FOIA requests to the CIA, the Department of the Army, the Department of Justice, the National Security Agency, and the Office of the Director of National Intelligence and the Secret Service for records concerning spyware provided developed or provided by NSO Group. The Knight First Amendment Institute also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the request but after hearing nothing further from the agencies, the Knight First Amendment Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantCentral Intelligence Agency
DefendantDepartment of the Army
DefendantDepartment of Justice
DefendantNational Security Agency
DefendantOffice of the Director of National Intelligence
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [34]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-02-241COMPLAINT against Central Intelligence Agency, Department of Justice, Department of the Army, National Security Agency, Office of the Director of National Intelligence. (Filing Fee $ 402.00, Receipt Number ANYSDC-25776303)Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G).(Decell, Caroline) (Entered: 02/24/2022)
2022-02-242CIVIL COVER SHEET filed..(Decell, Caroline) (Entered: 02/24/2022)
2022-02-243RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) (Entered: 02/24/2022)
2022-02-244STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-cv-1539. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) (Entered: 02/24/2022)
2022-02-245FILING ERROR - DEFICIENT- SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) Modified on 2/25/2022 (vf). (Entered: 02/24/2022)
2022-02-246FILING ERROR - DEFICIENT- SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of the Army, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) Modified on 2/25/2022 (vf). (Entered: 02/24/2022)
2022-02-247REQUEST FOR ISSUANCE OF SUMMONS as to Department of Justice, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) (Entered: 02/24/2022)
2022-02-248FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to National Security Agency, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) Modified on 2/25/2022 (vf). (Entered: 02/24/2022)
2022-02-249REQUEST FOR ISSUANCE OF SUMMONS as to Office of the Director of National Intelligence, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) (Entered: 02/24/2022)
2022-02-25CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) (Entered: 02/25/2022)
2022-02-25Case Designated ECF. (vf) (Entered: 02/25/2022)
2022-02-25CASE REFERRED TO Judge Jed S. Rakoff as possibly related to 1:22-cv-1539. (vf) (Entered: 02/25/2022)
2022-02-2510ELECTRONIC SUMMONS ISSUED as to Department of Justice. (vf) (Entered: 02/25/2022)
2022-02-2511ELECTRONIC SUMMONS ISSUED as to Office of the Director of National Intelligence. (vf) (Entered: 02/25/2022)
2022-02-25***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Caroline Decell to RE-FILE Document No. 5 Request for Issuance of Summons, 6 Request for Issuance of Summons, 8 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) (Entered: 02/25/2022)
2022-02-2512REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) (Entered: 02/25/2022)
2022-02-2513REQUEST FOR ISSUANCE OF SUMMONS as to Department of the Army, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) (Entered: 02/25/2022)
2022-02-2514REQUEST FOR ISSUANCE OF SUMMONS as to National Security Agency, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) (Entered: 02/25/2022)
2022-02-2815ELECTRONIC SUMMONS ISSUED as to Central Intelligence Agency..(lal) (Entered: 02/28/2022)
2022-02-2816ELECTRONIC SUMMONS ISSUED as to Department of the Army..(lal) (Entered: 02/28/2022)
2022-02-2817ELECTRONIC SUMMONS ISSUED as to National Security Agency..(lal) (Entered: 02/28/2022)
2022-02-28CASE DECLINED AS NOT RELATED. Case referred as related to 22-1539 and declined by Judge Jed Rakoff and returned to wheel for assignment. (wb) (Entered: 02/28/2022)
2022-02-28NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(wb) (Entered: 02/28/2022)
2022-02-28Magistrate Judge Sarah L. Cave 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (wb) (Entered: 02/28/2022)
2022-03-0318NOTICE OF APPEARANCE by Jameel Jaffer on behalf of Knight First Amendment Institute at Columbia University..(Jaffer, Jameel) (Entered: 03/03/2022)
2022-03-0719ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED as follows: 1. Counsel receiving this order shall contact all counsel of record (or where a party is not yet represented, such party) and, if necessary, provide them with a copy of this order. If a conforming case management plan is submitted at least two business days prior to the scheduled initial conference and subsequently approved by the Court, the initial conference will be canceled automatically. If a motion has been filed either before or after the case management plan is approved, and the parties desire a conference, a letter must be submitted to the Court via fax specifically asking that the initial conference not be canceled. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must participate in a telephone conference on 6/16/2022 at 10:00 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. Initial Conference set for 6/16/2022 at 10:00 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 3/7/2022) (vfr) Modified on 3/8/2022 (vfr). (Entered: 03/07/2022)
2022-03-0920SUMMONS RETURNED EXECUTED (FOIA CASE). Central Intelligence Agency served on 3/7/2022, answer due 4/6/2022. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) (Entered: 03/09/2022)
2022-03-0921SUMMONS RETURNED EXECUTED (FOIA CASE). Department of the Army served on 3/4/2022, answer due 4/4/2022. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) (Entered: 03/09/2022)
2022-03-0922SUMMONS RETURNED EXECUTED (FOIA CASE). Department of Justice served on 3/7/2022, answer due 4/6/2022. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) (Entered: 03/09/2022)
2022-03-0923SUMMONS RETURNED EXECUTED (FOIA CASE). National Security Agency served on 3/3/2022, answer due 4/4/2022. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) (Entered: 03/09/2022)
2022-03-0924SUMMONS RETURNED EXECUTED (FOIA CASE). Office of the Director of National Intelligence served on 3/9/2022, answer due 4/8/2022. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) (Entered: 03/09/2022)
2022-03-0925SUMMONS RETURNED EXECUTED (FOIA CASE). All Defendants. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) (Entered: 03/09/2022)
2022-03-0926SUMMONS RETURNED EXECUTED (FOIA CASE). All Defendants. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University..(Decell, Caroline) (Entered: 03/09/2022)
2022-03-0927MOTION for Evan Welber Falcon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25839573. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Certificate of Good Standing).(Welber Falcon, Evan) (Entered: 03/09/2022)
2022-03-10>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 27 MOTION for Evan Welber Falcon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25839573. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 03/10/2022)
2022-03-1028ORDER FOR ADMISSION TO PRACTICE PRO HAC VICE granting 27 Motion for Evan Welber Falcon to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys.. (Signed by Judge Colleen McMahon on 3/10/2022) (kv) (Entered: 03/10/2022)
2022-04-0429NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of Central Intelligence Agency, Department of Justice, Department of the Army, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 04/04/2022)
2022-04-0430CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, requesting adjournment without date addressed to Judge Colleen McMahon from Peter Aronoff dated 4/4/2022. Document filed by Central Intelligence Agency, Department of Justice, Department of the Army, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 04/04/2022)
2022-04-0631ORDER terminating 30 Letter Motion for Extension of Time to Answer re 30 CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, requesting adjournment without date addressed to Judge Colleen McMahon from Peter Aronoff dated 4/4/2022. An answer serves no useful purpose in many - perhaps most - litigations, but that does not excuse compliance with the Federal Rules. File your answer. PS- you could have drafted it in the time it took to write this letter.. (Signed by Judge Colleen McMahon on 4/5/2022) (kv) (Entered: 04/06/2022)
2022-04-1432ANSWER to 1 Complaint,. Document filed by Central Intelligence Agency, Department of Justice, Department of the Army, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 04/14/2022)
2022-06-1333JOINT LETTER MOTION to Adjourn Conference (initial conference) without date; status report on agencies' searches and processing; and proposal for further status report by July 11, 2022 addressed to Judge Colleen McMahon from Peter Aronoff dated 6/13/2022. Document filed by Central Intelligence Agency, Department of Justice, Department of the Army, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 06/13/2022)
2022-06-1434ORDER: granting 33 Letter Motion to Adjourn Conference. OK. Request Granted. Conference Adjourned. (Signed by Judge Colleen McMahon on 6/14/2022) (ama) (Entered: 06/14/2022)
2022-07-1135STATUS REPORT. (joint) and proposal for further status report by September 16, 2022 Document filed by Central Intelligence Agency, Department of Justice, Department of the Army, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 07/11/2022)
2022-07-1336MEMO ENDORSEMENT on re: 35 Status Report, filed by Department of Justice, Office of the Director of National Intelligence, Department of the Army, Central Intelligence Agency, National Security Agency. ENDORSEMENT: OK. SO ORDERED. (Signed by Judge Colleen McMahon on 7/13/2022) (kv) (Entered: 07/13/2022)
2022-09-1637STATUS REPORT. (joint) and proposal for further status report by October 21, 2022 Document filed by Department of Justice..(Aronoff, Peter) (Entered: 09/16/2022)
2022-09-2038MEMO ENDORSEMENT on re: 37 Status Report filed by Department of Justice. ENDORSEMENT: Thank you. October 21 is a good date for further status report. SO ORDERED. (Signed by Judge Colleen McMahon on 9/20/2022) (kv) (Entered: 09/20/2022)
2022-10-2139STATUS REPORT. (joint) and proposal for further status report by November 21, 2022 Document filed by Department of Justice..(Aronoff, Peter) (Entered: 10/21/2022)
2022-11-2140STATUS REPORT. (joint) and proposal for further status report by December 7, 2022 Document filed by Department of Justice..(Aronoff, Peter) (Entered: 11/21/2022)
2022-12-0741STATUS REPORT. (joint) and proposal for further status report by January 30, 2023 Document filed by Department of Justice..(Aronoff, Peter) (Entered: 12/07/2022)
2022-12-0842MEMO ENDORSEMENT on re: 41 Status Report filed by Department of Justice. ENDORSEMENT: OK. SO ORDERED. (Signed by Judge Colleen McMahon on 12/8/2022) (kv) (Entered: 12/08/2022)
2023-01-3043STATUS REPORT. (joint) and proposal for further status report by March 31, 2023 Document filed by Department of Justice..(Aronoff, Peter) (Entered: 01/30/2023)
2023-01-3144MEMO ENDORSEMENT on re: 43 Status Report filed by Department of Justice. ENDORSEMENT: OK. SO ORDERED. (Signed by Judge Colleen McMahon on 1/31/2023) (kv) (Entered: 01/31/2023)
2023-03-3145STATUS REPORT. (joint) and proposal for further status report by May 31, 2023 Document filed by Department of Justice..(Aronoff, Peter) (Entered: 03/31/2023)
2023-04-0346MEMO ENDORSEMENT on re: 45 Status Report filed by Department of Justice. ENDORSEMENT: Fine. SO ORDERED. (Signed by Judge Colleen McMahon on 4/3/2023) (kv) (Entered: 04/03/2023)
2023-05-3147STATUS REPORT. (joint) and proposal for further status report by July 31, 2023 Document filed by Central Intelligence Agency, Department of Justice, Department of the Army, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 05/31/2023)
2023-06-0148MEMO ENDORSEMENT: on re: 47 Status Report, filed by Department of Justice, Office of the Director of National Intelligence, Department of the Army, Central Intelligence Agency, National Security Agency. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 6/01/2023) (ama) (Entered: 06/01/2023)
2023-07-3149STATUS REPORT. (joint) and proposal for further status report by October 2, 2023 Document filed by Department of Justice..(Aronoff, Peter) (Entered: 07/31/2023)
2023-09-0150MOTION for Evan Welber Falcon to Withdraw as Attorney . Document filed by Knight First Amendment Institute at Columbia University..(Welber Falcon, Evan) (Entered: 09/01/2023)
2023-09-0551MEMO ENDORSEMENT on re: 49 Status Report filed by Department of Justice. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 9/5/23) (yv) (Entered: 09/05/2023)
2023-09-0552MEMO ENDORSEMENT granting 50 MOTION for Evan Welber Falcon to Withdraw as Attorney. ENDORSEMENT Granted Remove Mr. Falcon from the ECF list. Attorney Evan Daniel Welber Falcon terminated (Signed by Judge Colleen McMahon on 9/5/2023) (jca) (Entered: 09/05/2023)
2023-10-0253STATUS REPORT. and proposal for further report in three days Document filed by Department of Justice..(Aronoff, Peter) (Entered: 10/02/2023)
2023-10-0354MEMO ENDORSEMENT on re: 53 Status Report filed by Department of Justice. ENDORSEMENT : OK. (Signed by Judge Colleen McMahon on 10/3/23) (yv) (Entered: 10/03/2023)
2023-10-0555STATUS REPORT. (joint) Document filed by Department of Justice..(Aronoff, Peter) (Entered: 10/05/2023)
2023-10-1056MEMO ENDORSEMENT on re: 55 Status Report filed by Department of Justice ENDORSEMENT The Court accepts the government's proposed schedule, with the caveat that I will not extend it further, so don't ask again. (Signed by Judge Colleen McMahon on 10/10/2023) (jca) (Entered: 10/10/2023)
2023-12-2057CONSENT LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Dominika Tarczynska dated December 20, 2023. Document filed by Central Intelligence Agency, Department of Justice, Department of the Army, National Security Agency, Office of the Director of National Intelligence..(Tarczynska, Dominika) (Entered: 12/20/2023)
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