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Case TitleAmerican Civil Liberties Union of Massachusetts, Inc. v. Central Intelligence Agency et al
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2022cv11532
Date Filed2022-09-19
Date Closed2023-06-28
JudgeJudge Denise J. Casper
PlaintiffAmerican Civil Liberties Union of Massachusetts, Inc.
Case DescriptionThe ACLU of Massachusetts submitted FOIA requests to the CIA, the Office of the Director of National Intelligence, and the National Security Agency for records concerning former President Donald Trump's alleged order automatically declassifying records that he took to Mar-a-Lago. The ACLU of Massachusetts also requested a fee waiver. The agencies acknowledged receipt and one agency indicated that it could find no records. After hearing nothing further from the agencies, the ACLU of Massachusetts filed suit.
Complaint issues: Failure to respond within statutory time limit, Fees

DefendantCentral Intelligence Agency
DefendantOffice of the Director of National Intelligence
DefendantUnited States Department of Defense
DefendantNational Security Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [33]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-191COMPLAINT against All Defendants Filing fee: $ 402, receipt number AMADC-9502609 (Fee Status: Filing Fee paid), filed by American Civil Liberties Union of Massachusetts, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Category Sheet)(Panariello, Natalie) (Entered: 09/19/2022)
2022-09-192ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) (Entered: 09/19/2022)
2022-09-193Summons Issued as to Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Warnock, Douglas) (Entered: 09/19/2022)
2022-09-204NOTICE of Appearance by Natalie F. Panariello on behalf of American Civil Liberties Union of Massachusetts, Inc. (Panariello, Natalie) (Entered: 09/20/2022)
2022-09-225NOTICE of Appearance by Daniel L. McFadden on behalf of American Civil Liberties Union of Massachusetts, Inc. (McFadden, Daniel) (Entered: 09/22/2022)
2022-09-276SUMMONS Returned Executed by American Civil Liberties Union of Massachusetts, Inc.., AFFIDAVIT OF SERVICE Executed by American Civil Liberties Union of Massachusetts, Inc.. Central Intelligence Agency served on 9/20/2022, answer due 10/20/2022; National Security Agency served on 9/20/2022, answer due 10/20/2022; Office of the Director of National Intelligence served on 9/20/2022, answer due 10/20/2022; United States Department of Defense served on 9/20/2022, answer due 10/20/2022. Acknowledgement filed by American Civil Liberties Union of Massachusetts, Inc.. (Attachments: # 1 Summons Returned Executed)(Panariello, Natalie) (Entered: 09/27/2022)
2022-10-187NOTICE of Appearance by Erin E. Brizius on behalf of Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense (Brizius, Erin) (Entered: 10/18/2022)
2022-10-218NOTICE of Appearance by Julia Heiman on behalf of Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense (Heiman, Julia) (Entered: 10/21/2022)
2022-10-219ANSWER to 1 Complaint, by Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Heiman, Julia) (Entered: 10/21/2022)
2022-10-2410NOTICE of Scheduling Conference. Scheduling Conference set for 11/28/2022 02:00 PM in Courtroom 11 (Remote only) before Judge Denise J. Casper. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . (Hourihan, Lisa) (Entered: 10/24/2022)
2022-10-2411Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Hourihan, Lisa) (Entered: 10/24/2022)
2022-10-2412Judge Denise J. Casper: Standing Order Regarding Appearance of Counsel Via Telephone or Video Conference(Hourihan, Lisa) (Entered: 10/24/2022)
2022-11-2113CERTIFICATION pursuant to Local Rule 16.1 . (McFadden, Daniel) (Entered: 11/21/2022)
2022-11-2114JOINT STATEMENT re scheduling conference . (Panariello, Natalie) (Entered: 11/21/2022)
2022-11-2115CERTIFICATION pursuant to Local Rule 16.1 . (Heiman, Julia) (Entered: 11/21/2022)
2022-11-2816NOTICE of Appearance by Christopher Escobedo Hart on behalf of American Civil Liberties Union of Massachusetts, Inc. (Hart, Christopher) (Entered: 11/28/2022)
2022-11-2817NOTICE of Appearance by Matthew Segal on behalf of American Civil Liberties Union of Massachusetts, Inc. (Segal, Matthew) (Entered: 11/28/2022)
2022-11-2818Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 11/28/2022 by video conference. Government to file its motion for summary judgment, including any Vaughn index by 1/16/23. Plaintiff's opposition and any cross-motion to be filed by 2/6/23. Government's reply and any cross-opposition to be filed by 2/23/23. Plaintiff's cross-reply to be filed by 2/27/23. Hearing set for 3/28/23 at 2:00PM. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Daniel McFadden, Matthew Segal and Natalie Panariello for the plaintiff. Julia Heiman for the defendants.) (Hourihan, Lisa) (Entered: 11/29/2022)
2022-11-2919ELECTRONIC NOTICE Setting Hearing on Cross Motions for Summary Judgment. Motion Hearing set for 3/28/2023 02:00 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 11/29/2022)
2023-01-1320Consent MOTION for Extension of Time to January 30, 2023 to File Defendants' Summary Judgment Motion by Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense. (Attachments: # 1 Proposed Order)(Heiman, Julia) (Entered: 01/13/2023)
2023-01-2021Judge Denise J. Casper: ELECTRONIC ORDER entered granting 20 Motion for Extension of Time to File Summary Judgment Motions. Government to file its motion for summary judgment, including any Vaughn index by 1/30/23. Plaintiff's opposition and any cross-motion to be filed by 2/20/23. Government's reply and any cross-opposition to be filed by 3/9/23. Plaintiff's cross-reply to be filed by 3/13/23. The 3/28/23 hearing date remains in place. (Hourihan, Lisa) (Entered: 01/20/2023)
2023-01-2722Consent MOTION for Extension of Time to February 6, 2023 to File Defendants' Motion for Summary Judgment by Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense. (Attachments: # 1 Proposed Order)(Heiman, Julia) (Entered: 01/27/2023)
2023-01-3123Judge Denise J. Casper: ELECTRONIC ORDER entered granting 22 Motion for Extension of Time to File Summary Judgment. Government to file its motion for summary judgment, including any Vaughn index by 2/6/23. Plaintiff's opposition and any cross-motion to be filed by 2/27/23. Government's reply and any cross-opposition to be filed by 3/16/23. Plaintiff's cross-reply to be filed by 3/20/23. The 3/28/23 hearing date remains in place (Hourihan, Lisa) (Entered: 01/31/2023)
2023-02-0624MOTION for Summary Judgment by Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Michael G. Seidel, # 3 Statement of Undisputed Material Facts, # 4 Text of Proposed Order)(Heiman, Julia) (Entered: 02/06/2023)
2023-02-2625MOTION for Extension of Time to March 6, 2023 to File Plaintiff's Opposition and Cross-Motion for Summary Judgment by American Civil Liberties Union of Massachusetts, Inc..(Panariello, Natalie) (Entered: 02/26/2023)
2023-02-2826Judge Denise J. Casper: ELECTRONIC ORDER entered granting 25 Motion for Extension of Time. Plaintiff's opposition and any cross-motion to be filed by 3/6/23. Government's reply and any cross-opposition to be filed by 3/24/23. Plaintiff's cross-reply to be filed by 3/31/23. The 3/28/23 hearing date remains in place. (Hourihan, Lisa) (Entered: 02/28/2023)
2023-03-0627Cross MOTION for Summary Judgment by American Civil Liberties Union of Massachusetts, Inc.. (Attachments: # 1 Memorandum of Law in Support of Plaintiff's Cross-Motion for Summary Judgment, # 2 Plaintiff's Response to Defendants' Statement of Facts and Statement of Additional Facts, # 3 Declaration of Daniel McFadden, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O)(Panariello, Natalie) (Entered: 03/06/2023)
2023-03-1428ELECTRONIC NOTICE TO COUNSEL re 24 MOTION for Summary Judgment and 27 Cross MOTION for Summary Judgment : Pursuant to the CM/ECF Administrative Procedures Section (G) Number (4): Any memorandum of law or other attachment filed in support of a main document shall be filed as a separate document. For future filings, please make sure all memorandums in support and any statements of material facts are filed correctly in their own separate entries using the correct event. (Currie, Haley) (Entered: 03/14/2023)
2023-03-2429NOTICE of Withdrawal of Appearance by Matthew Segal (Segal, Matthew) (Entered: 03/24/2023)
2023-03-2430Opposition re 27 Cross MOTION for Summary Judgment and Reply in Support of Defendants' Motion for Summary Judgment filed by Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense. (Attachments: # 1 Text of Proposed Order, # 2 Response to Plaintiff's Statement of Additional Material Facts)(Heiman, Julia) (Entered: 03/24/2023)
2023-03-2831REPLY to Response to 27 Cross MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts, Inc.. (Hart, Christopher) (Entered: 03/28/2023)
2023-03-2832Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 3/28/2023 re 24 MOTION for Summary Judgment filed by United States Department of Defense, Central Intelligence Agency, Office of the Director of National Intelligence, National Security Agency., 27 Cross MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts, Inc., Arguments. Court takes under advisement 24 MOTION for Summary Judgment United States Department of Defense, Central Intelligence Agency, Office of the Director of National Intelligence, National Security Agency. and 27 Cross MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts, Inc. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Natalie Panariello, Christopher Hart and Daniel McFadden for the Plaintiff. Julia Heiman and Elizabeth Shapiro for Defendants.) (Currie, Haley) (Entered: 03/28/2023)
2023-05-1133Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court DENIES Defendants' motion for summary judgment, D. 24, and ALLOWS the ACLUM's cross-motion for summary judgment on the limited issue of whether Defendants "improperly refused to confirm or deny the existence of records responsive to [the] ACLUM's [FOIA] requests," D. 27. Defendants are hereby ORDERED to confirm or deny the existence of records responsive to the ACLUM's August 15, 2022 and August 16, 2022 FOIA requests by May 25, 2023. The parties are further ordered to confer and submit a joint scheduling proposal to the Court for any further deadlines for disposition of this case. Such proposal shall be filed with the Court by June 1, 2023.(Hourihan, Lisa) (Entered: 05/11/2023)
2023-05-1534MOTION for Extension of Time to June 26, 2023 to Comply with the Court's May 11, 2023 Order by Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense. (Attachments: # 1 Proposed Order)(Heiman, Julia) (Entered: 05/15/2023)
2023-05-1635Opposition re 34 MOTION for Extension of Time to June 26, 2023 to Comply with the Court's May 11, 2023 Order filed by American Civil Liberties Union of Massachusetts, Inc.. (Panariello, Natalie) (Entered: 05/16/2023)
2023-05-2236Judge Denise J. Casper: ELECTRONIC ORDER entered re: 34 Motion for Extension of Time. Having considered Defendants' motion for a 30-day extension of the deadline set in D. 33, D. 34, and Plaintiffs' opposition to same, D. 35, the Court ALLOWS the motion, but only to the following extent. Defendants have until 6/26/23 to respond as directed in D. 33. To the extent that Defendants suggest that they may seek a stay pending any appeal it files, the Court does not have that matter before it and allowing this motion does not indicate what ruling the Court may issue as to any stay that may or may not be sought (one that the Court will not consider until briefed by both sides). The Court also notes that it does not anticipate further extensions of the newly adopted 6/26/23 deadline. (Hourihan, Lisa) (Entered: 05/22/2023)
2023-06-0537NOTICE of Appearance by Rayford A. Farquhar on behalf of Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense (Farquhar, Rayford) (Entered: 06/05/2023)
2023-06-0538NOTICE of Withdrawal of Appearance by Erin E. Brizius (Brizius, Erin) (Entered: 06/05/2023)
2023-06-2339NOTICE by Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense Notice of Compliance (Heiman, Julia) (Entered: 06/23/2023)
2023-06-2740Judge Denise J. Casper: ELECTRONIC ORDER entered. re 39 Notice filed by United States Department of Defense, Central Intelligence Agency, Office of the Director of National Intelligence, National Security Agency. In light of the filing of the Defendants' notice, D. 39, and having not received a proposed scheduling order from the parties as ordered, D. 33, the Court assumes that no proceedings are necessary in this matter. Unless the Court hears otherwise from the parties by July 11, 2023, the Court intends to close the case. (Hourihan, Lisa) (Entered: 06/27/2023)
2023-06-2741STIPULATION of Dismissal by American Civil Liberties Union of Massachusetts, Inc.. (Panariello, Natalie) (Entered: 06/27/2023)
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