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Case TitlePROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. v. NATIONAL SECURITY AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01812
Date Filed2022-06-24
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffPROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.
Case DescriptionThe Project for Privacy and Surveillance Accountability submitted FOIA requests to the National Security Agency, the CIA, the Department of Justice, and the Office of the Director of National Intelligence for records concerning members and former members of the House and Senate Judiciary Committees. The agencies acknowledged receipt of the request. The NSA and several other agencies issued a Glomar response neither confirming nor denying the existence of records. The Department of Justice referred the request to its National Security Division for response. After hearing nothing further from the agencies, PPSA filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantNATIONAL SECURITY AGENCY
DefendantCENTRAL INTELLIGENCE AGENCY
DefendantUNITED STATES DEPARTMENT OF JUSTICE
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
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
Complaint attachment 21
Complaint attachment 22
Complaint attachment 23
Complaint attachment 24
Complaint attachment 25
Opinion/Order [38]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-241COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9329985) 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 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Civil Cover Sheet, # 20 Summons National Security Agency, # 21 Summons Central Intelligence Agency, # 22 Summons United States Department of Justice, # 23 Summons Office of the Director of National Intelligence, # 24 Summons United States Attorney for D.C., # 25 Summons United States Attorney General)(Schaerr, Gene C.) Modified on 6/27/2022 to edit attorney information (znmg). (Entered: 06/24/2022)
2022-06-242LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. (Schaerr, Gene C.) Modified on 6/27/2022 to edit attorney information (znmg). (Entered: 06/24/2022)
2022-06-27Case Assigned to Judge Rudolph Contreras. (znmg) (Entered: 06/27/2022)
2022-06-273SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 06/27/2022)
2022-07-144RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/1/2022. Answer due for ALL FEDERAL DEFENDANTS by 7/31/2022. (Goodwin, Scott) (Entered: 07/14/2022)
2022-07-145RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/5/2022. (Goodwin, Scott) (Entered: 07/14/2022)
2022-07-146RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL SECURITY AGENCY served on 7/6/2022 (Goodwin, Scott) (Entered: 07/14/2022)
2022-07-147RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 7/6/2022 (Goodwin, Scott) (Entered: 07/14/2022)
2022-07-148RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 7/5/2022 (Goodwin, Scott) (Entered: 07/14/2022)
2022-07-149RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE served on 7/5/2022 (Goodwin, Scott) (Entered: 07/14/2022)
2022-07-2610NOTICE of Appearance by Robert Aaron Caplen on behalf of All Defendants (Caplen, Robert) (Entered: 07/26/2022)
2022-07-2611Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,,, by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 07/26/2022)
2022-07-27MINUTE ORDER granting 11 Unopposed Motion for Extension of Time: It is hereby ORDERED that Defendants shall file a responsive pleading on or before September 9, 2022. Signed by Judge Rudolph Contreras on 07/27/2022. (lcrc1) (Entered: 07/27/2022)
2022-09-0912ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Caplen, Robert) (Entered: 09/09/2022)
2022-09-12MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule on or before September 26, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 9/12/2022. (lcrc1) (Entered: 09/12/2022)
2022-09-2613Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. (Caplen, Robert) (Entered: 09/26/2022)
2022-09-26MINUTE ORDER: Upon consideration of 13 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before October 11, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 09/26/2022. (lcrc1) (Entered: 09/26/2022)
2022-10-1114Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. (Caplen, Robert) (Entered: 10/11/2022)
2022-10-12MINUTE ORDER: Upon consideration of 14 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before November 1, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 10/12/2022. (lcrc1) (Entered: 10/12/2022)
2022-10-1215NOTICE of Appearance by Brian J. Field on behalf of PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. (Field, Brian) (Entered: 10/12/2022)
2022-11-0116Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. (Caplen, Robert) (Entered: 11/01/2022)
2022-11-01MINUTE ORDER: Upon consideration of 16 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before December 2, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 11/1/2022. (lcrc1) (Entered: 11/01/2022)
2022-12-0217Joint STATUS REPORT by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Schaerr, Gene) (Entered: 12/02/2022)
2022-12-05MINUTE ORDER: Upon consideration of 17 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before January 20, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 12/5/2022. (lcrc1) (Entered: 12/05/2022)
2023-01-1818Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. (Caplen, Robert) (Entered: 01/18/2023)
2023-01-19MINUTE ORDER: Upon consideration of 18 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before February 24, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 1/19/2023. (lcrc1) (Entered: 01/19/2023)
2023-02-1019NOTICE OF SUBSTITUTION OF COUNSEL by Daniel Alan Schiffer on behalf of CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Robert A. Caplen (Schiffer, Daniel) (Entered: 02/10/2023)
2023-02-2420Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. (Schiffer, Daniel) (Entered: 02/24/2023)
2023-02-24MINUTE ORDER: Upon consideration of 20 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 24, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 2/24/2023. (lcrc1) (Entered: 02/24/2023)
2023-03-08Set/Reset Deadlines: Status Report due by 3/24/2023 (tj) (Entered: 03/08/2023)
2023-03-2321Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. (Schiffer, Daniel) (Entered: 03/23/2023)
2023-03-24MINUTE ORDER: Upon consideration of 21 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before April 11, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 3/24/2023. (lcrc1) (Entered: 03/24/2023)
2023-04-1022Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. (Schiffer, Daniel) (Entered: 04/10/2023)
2023-04-11MINUTE ORDER adopting 22 the parties' proposed briefing schedule: It is hereby ORDERED that the following schedule shall govern further proceedings: Plaintiff shall file its amended complaint on or before April 17, 2023; Defendants shall file their motion for summary judgment on or before June 9, 2023; Plaintiff shall file its opposition and cross-motion for summary judgment on or before July 21, 2023; Defendants shall file their combined reply and opposition to Plaintiff's cross-motion for summary judgment or before August 24, 2023; and Plaintiff shall file its reply on or before September 21, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 4/11/2023. (lcrc1) (Entered: 04/11/2023)
2023-04-1723AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Exhibit S, # 2 Exhibit T, # 3 Exhibit U, # 4 Exhibit V, # 5 Exhibit W, # 6 Redlined Amended Complaint)(Schaerr, Gene) (Entered: 04/17/2023)
2023-04-3024ANSWER to 23 Amended Complaint, by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE.(Schiffer, Daniel) (Entered: 04/30/2023)
2023-05-23Set/Reset Deadlines: Cross Motions due by 7/21/2023. Response to Cross Motions due by 8/24/2023. Reply to Cross Motions due by 9/21/2023. Summary Judgment motions due by 6/9/2023. Response to Motion for Summary Judgment due by 7/21/2023. Reply to Motion for Summary Judgment due by 8/24/2023. (tj) (Entered: 05/23/2023)
2023-06-0225Consent MOTION for Extension of Time to Brief Summary Judgment by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. (Schiffer, Daniel) (Entered: 06/02/2023)
2023-06-02MINUTE ORDER granting 25 Consent Motion for Extension of Summary Judgment Briefing Schedule: It is hereby ORDERED that the following schedule shall govern further proceedings: Defendants' motion for summary judgment shall be filed on or before June 23, 2023; Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before August 4, 2023; Defendants' combined reply in support of their motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment shall be filed on or before August 31, 2023; and Plaintiff's reply shall be filed on or before September 28, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 6/2/2023. (lcrc1) (Entered: 06/02/2023)
2023-06-2326MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Linda M. Kiyosaki, # 2 Declaration of Vanna Blaine, # 3 Declaration of Gregory M. Koch, # 4 Declaration of Michael G. Seidel, # 5 Declaration of Jonathan M. Breyan, # 6 Declaration of Kevin G. Tiernan, # 7 Statement of Facts)(Schiffer, Daniel) (Entered: 06/23/2023)
2023-08-0127NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. Attorney Daniel Alan Schiffer terminated. (Schiffer, Daniel) (Entered: 08/01/2023)
2023-08-0328NOTICE of Appearance by Alexander Schreiber on behalf of All Defendants (Schreiber, Alexander) (Entered: 08/03/2023)
2023-08-0429Cross MOTION for Summary Judgment by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1: Huebner Email, # 4 Exhibit 2: ODNI White Paper, # 5 Exhibit 3: Cymru Contract, # 6 Exhibit 4: ODNI Report, # 7 Exhibit 5: Duke Report, # 8 Text of Proposed Order)(Schaerr, Gene) (Entered: 08/04/2023)
2023-08-0430RESPONSE re 26 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: Huebner Email, # 4 Exhibit 2: ODNI White Paper, # 5 Exhibit 3: Cymru Contract, # 6 Exhibit 4: ODNI Report, # 7 Exhibit 5: Duke Report, # 8 Text of Proposed Order)(Schaerr, Gene) (Entered: 08/04/2023)
2023-08-3131RESPONSE re 29 Cross MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Schreiber, Alexander) (Entered: 08/31/2023)
2023-08-3132REPLY to opposition to motion re 29 Cross MOTION for Summary Judgment ECF No. 30 filed by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Schreiber, Alexander) (Entered: 08/31/2023)
2023-09-2633Consent MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION for Summary Judgment by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 09/26/2023)
2023-09-27MINUTE ORDER granting 33 Plaintiff's Consent Motion for Extension of Time: It is hereby ORDERED that Plaintiff shall file its reply in support of its cross-motion for summary judgment on or before October 19, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 9/27/2023. (lcrc1) (Entered: 09/27/2023)
2023-09-28Set/Reset Deadlines: Reply to Cross Motions due by 10/19/2023. (tj) (Entered: 09/28/2023)
2023-10-1734Consent MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION for Summary Judgment by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 10/17/2023)
2023-10-17MINUTE ORDER granting 34 Plaintiff's Consent Motion for Extension of Time: It is hereby ORDERED that Plaintiff shall file its reply in support of its cross-motion for summary judgment on or before November 9, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 10/17/2023. (lcrc1) (Entered: 10/17/2023)
2023-10-18Set/Reset Deadlines: Reply to Cross Motions due by 11/9/2023. (tj) (Entered: 10/18/2023)
2023-11-0735Consent MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION for Summary Judgment by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 11/07/2023)
2023-11-07MINUTE ORDER granting 35 Plaintiff's Consent Motion for Extension of Time: It is hereby ORDERED that Plaintiff shall file its reply in support of its cross-motion for summary judgment on or before November 16, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 11/7/2023. (lcrc1) (Entered: 11/07/2023)
2023-11-1636REPLY to opposition to motion re 29 Cross MOTION for Summary Judgment filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Field, Brian) (Entered: 11/16/2023)
2024-01-0537ORDER granting in part and denying in part 26 Defendants' Motion for Summary Judgment; and denying 29 Plaintiff's Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 1/5/2024. (lcrc1) (Entered: 01/05/2024)
2024-01-0538MEMORANDUM OPINION granting in part and denying in part 26 Defendants' Motion for Summary Judgment; and denying 29 Plaintiff's Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 1/5/2024. (lcrc1) (Entered: 01/05/2024)
2024-01-1839Consent MOTION for Extension of Time to File a Proposed Schedule for Further Proceedings by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Schreiber, Alexander) (Entered: 01/18/2024)
2024-01-18MINUTE ORDER granting 39 Defendants' Consent Motion for Extension of Time: It is hereby ORDERED that the parties shall file a proposed schedule for further proceedings on or before February 2, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 1/18/2024. (lcrc1) (Entered: 01/18/2024)
2024-02-0140Consent MOTION for Extension of Time to File a Proposed Schedule for Further Proceedings by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Schreiber, Alexander) (Entered: 02/01/2024)
2024-02-01MINUTE ORDER granting 40 Defendants' Consent Motion for Extension of Time: It is hereby ORDERED that the parties shall file a proposed schedule for further proceedings on or before March 4, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 2/1/2024. (lcrc1) (Entered: 02/01/2024)
2024-03-0441Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Schreiber, Alexander) (Entered: 03/04/2024)
2024-03-05MINUTE ORDER: Upon consideration of 41 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 15, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 3/5/2024. (lcrc1) (Entered: 03/05/2024)
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