Skip to content

Case Detail

[Subscribe to updates]
Case TitleAMERICAN CIVIL LIBERTIES UNION et al v. UNITED STATES DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2007cv01557
Date Filed2007-09-04
Date Closed2010-03-12
JudgeJudge Ellen S. Huvelle
PlaintiffAMERICAN CIVIL LIBERTIES UNION
PlaintiffAMERICAN CIVIL LIBERTIES UNION FOUNDATION
Case DescriptionThe ACLU submitted a FOIA request to the Department of Defense for records concerning an alleged massacre of civilians at Haditha, Iraq. The ACLU also requested a fee waiver and expedited processing. The agency denied the ACLU's request for expedited processing. The agency disclosed some records, but after most components of the agency had not yet responded, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2007-09-041COMPLAINT against UNITED STATES DEPARTMENT OF DEFENSE ( Filing fee $ 350, receipt number 4616006587) filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 09/05/2007)
2007-09-04SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 09/05/2007)
2007-09-062SUMMONS Returned Executed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. UNITED STATES DEPARTMENT OF DEFENSE served on 9/5/2007, answer due 10/5/2007. (Spitzer, Arthur) (Entered: 09/06/2007)
2007-09-183SUMMONS Returned Executed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. UNITED STATES DEPARTMENT OF DEFENSE served on 9/12/2007, answer due 10/12/2007. (Spitzer, Arthur) (Entered: 09/18/2007)
2007-09-184RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 09/11/2007. (Spitzer, Arthur) (Entered: 09/18/2007)
2007-09-185MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jameel Jaffer, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York, NY 10004. Phone No. - 212-519-7814. Fax No. - 212-549-2651 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Jameel Jaffer# 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 09/18/2007)
2007-09-186MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ben Wizner, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York, NY 10004. Phone No. - 212-549-7860. Fax No. - 212-549-2651 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Ben Wizner# 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 09/18/2007)
2007-09-19MINUTE ORDER granting 5 the Motion for Admission Pro Hac Vice of Jameel Jaffer as Additional Counsel for Plaintiffs. Signed by Judge Ellen S. Huvelle on 9/19/2007. (KF) (Entered: 09/19/2007)
2007-09-19MINUTE ORDER granting 6 the Motion for Admission Pro Hac Vice of Ben Wizner as Additional Counsel for Plaintiffs. Signed by Judge Ellen S. Huvelle on 9/19/2007. (KF) (Entered: 09/19/2007)
2007-09-19MINUTE ORDER granting 7 the Motion for Admission Pro Hac Vice of Nasrina Bargzie as Additional Counsel for Plaintiffs. Signed by Judge Ellen S. Huvelle on 9/19/2007. (KF) (Entered: 09/19/2007)
2007-10-058NOTICE of Appearance by Scott Andrew Risner on behalf of UNITED STATES DEPARTMENT OF DEFENSE (Risner, Scott) (Entered: 10/05/2007)
2007-10-059ANSWER to Complaint by UNITED STATES DEPARTMENT OF DEFENSE. Related document: 1 Complaint filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION.(Risner, Scott) (Entered: 10/05/2007)
2007-10-11MINUTE ORDER: The parties shall jointly file a stipulated production schedule on or before 10/24/2007. Signed by Judge Ellen S. Huvelle on 10/11/2007. (lcesh2) (Entered: 10/11/2007)
2007-10-15Set/Reset Deadlines: Stipulated production schedule due by 10/24/2007. (gdf) (Entered: 10/15/2007)
2007-10-2410Consent MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF DEFENSE (Risner, Scott) (Entered: 10/24/2007)
2007-10-24MINUTE ORDER granting 10 Consent Motion for Extension of Time to File Production Schedule. The parties shall file a status report by 11/16/2007. Signed by Judge Ellen S. Huvelle on 10/24/2007. (lcesh2) (Entered: 10/24/2007)
2007-10-25Set/Reset Deadlines: Status Report due by 11/16/2007. (gdf) (Entered: 10/25/2007)
2007-11-1611STATUS REPORT by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, UNITED STATES DEPARTMENT OF DEFENSE. (Risner, Scott) (Entered: 11/16/2007)
2007-11-16MINUTE ORDER setting a briefing schedule. Plaintiffs shall file a motion for partial summary judgment with respect to the issues of their entitlement to a waiver of fees and expedited processing of their FOIA requests on or before January 25, 2008. Defendant shall file an opposition and cross-motion on or before March 7, 2008. Plaintiffs shall file a reply and opposition to cross-motion on or before March 28, 2008. Defendants shall file a reply on or before April 18, 2008. Signed by Judge Ellen S. Huvelle on 11/16/2007. (KF) (Entered: 11/16/2007)
2007-11-19Set/Reset Deadlines: Cross Motions due by 3/7/2008. Response to Cross Motions due by 2/28/2008. Reply to Cross Motions due by 4/18/2008. Partial Summary Judgment motions due by 1/25/2008. Response to Motion for Summary Judgment due by 3/7/2008. Reply to Motion for Summary Judgment due by 3/28/2008. (gdf) (Entered: 11/19/2007)
2008-01-2512NOTICE of Proposed Production Schedule by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Risner, Scott) (Entered: 01/25/2008)
2008-01-2513ORDER setting schedule for the production of records. Signed by Judge Ellen S. Huvelle on 1/25/2008. (VT) (Entered: 01/25/2008)
2008-09-0814MOTION to Withdraw as Attorney Nasrine Bargzie by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 09/08/2008)
2008-09-08ORDER granting 14 Motion of Nasrina Bargzie to Withdraw as Counsel. Signed by Judge Ellen S. Huvelle on 9/8/2008. (VT) (Entered: 09/08/2008)
2008-10-3115MOTION for Extension of Time to Complete Production by UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Risner, Scott) (Entered: 10/31/2008)
2008-11-03MINUTE ORDER granting 15 defendant's Motion for Extension of Production Deadline. Defendant's deadline to complete its processing of plaintiffs' FOIA requests referred to Central Command for records related to cases in which punitive action under the Uniform Code of Military Justice was contemplated or pursued is hereby extended. On or before November 14, 2008, defendant shall complete its processing with respect to records in Iraq and the United States, and defendant shall inform the Court of the status of its processing with respect to records in Afghanistan. Signed by Judge Ellen S. Huvelle on 11/3/2008. (VT) (Entered: 11/03/2008)
2008-11-12Set/Reset Deadlines: Complete processing with respect to records in Iraq and the United States due by 11/14/2008. (gdf) (Entered: 11/12/2008)
2008-11-1416Consent MOTION for Extension of Time to Complete Production (and Status Report) by UNITED STATES DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Risner, Scott) (Entered: 11/14/2008)
2008-11-17MINUTE ORDER granting 16 Defendant's Consent Motion for Extension of Production Deadline. Defendant's deadline to complete its processing of plaintiffs' FOIA requests referred to Central Command for records related to cases in which punitive action under the Uniform Code of Military Justice was contemplated or pursued is hereby extended. On or before December 5, 2008, defendant shall complete its processing with respect to records in Iraq and the United States and shall submit a status report to the Court. Signed by Judge Ellen S. Huvelle on 11/17/2008. (VT) (Entered: 11/17/2008)
2008-11-17Set/Reset Deadlines: Complete processing records in Iraq and the United States and Status Report due by 12/5/2008 (gdf) (Entered: 11/17/2008)
2008-12-0517STATUS REPORT by UNITED STATES DEPARTMENT OF DEFENSE. (Risner, Scott) (Entered: 12/05/2008)
2010-02-17MINUTE ORDER: It is hereby ordered that by March 15, 2010, if this case has not yet been settled, the parties shall file a proposed briefing schedule for summary judgment. Signed by Judge Ellen S. Huvelle on 2/17/10. (lcesh2) (Entered: 02/17/2010)
2010-02-17Set/Reset Deadlines: Briefing schedule for summary judgment due by 3/15/2010. (gdf) (Entered: 02/17/2010)
2010-03-1218STIPULATION of Dismissal by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION. (Attachments: # 1 Text of Proposed Order)(Wizner, Benjamin) (Entered: 03/12/2010)
2010-03-1219ORDER and STIPULATION of Dismissal. Signed by Judge Ellen S. Huvelle on 3/12/2010. (tr) (Entered: 03/12/2010)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar