Case Detail

FOIA Project Annotation: Judge Robert Bennett has ruled that the Defense Department conducted an adequate search for records concerning a mass gravesite containing the remains of Taliban fighters killed in Afghanistan and withheld some records under Exemption 1 (national security). Physicians for Human Rights challenged the search on the ground that "although the declaration lists the organizations that were searched, it fails to list the organizations that were not searched." Bennett responded by indicating that "there is no requirement, and PHR points to no case law so indicating, that an agency is required to list the individual units of an agency that were not searchedâ€"indeed, such a requirement would impose a burden on Defendants that FOIA does not contemplate." PHR also claimed the agency had not searched for records in Afghanistan. Bennett pointed out that the agency's affidavit listed three components in Afghanistan whose records were searched. He observed that "these units were 'the only offices of record within USCENTCOM (including Headquarters USCENTCOM and its area of operational responsibility, i.e., Afghanistan), that were reasonably likely to maintain documents responsive to the Physicians for Human Rights request. It is clear that the declaration sufficiently states the geographic scope of Defendants' search and this Court concludes that the search was adequate and included records located in Afghanistan." PHR argued that the agency's Exemption 1 claims did not describe how the exemption applied to each redacted section individually. Bennett observed that "however, the very case relied upon by PHR does not impose such a requirement, and [the agency's] declaration provides this Court with a sufficient basis to evaluate the exemption claim."
Issues: Adequacy - Search, Exemption 1 - Harm to national security

Date Filed	Doc #	Docket Text
2008-02-19	1	COMPLAINT against U.S. DEPARTMENT OF DEFENSE ( Filing fee $ 350, receipt number 4616010381) filed by PHYSICIANS FOR HUMAN RIGHTS. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(td, ) (Entered: 02/21/2008)
2008-02-19		SUMMONS (6) Issued as to DEFENSE INTELLIGENCE AGENCY, UNITED STATES SPECIAL OPERATIONS COMMAND, UNITED STATES CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (td, ). (Entered: 02/21/2008)
2008-02-27	2	ORDER Establishing Procedures for Electronic Filing for Cases Assigned to Judge Colleen Kollar-Kotelly, signed on February 27, 2008. (SM) (Entered: 02/27/2008)
2008-03-18	3	NOTICE of Appearance by Ryan Morland Malone on behalf of PHYSICIANS FOR HUMAN RIGHTS (Malone, Ryan) (Entered: 03/18/2008)
2008-03-21	4	NOTICE of Appearance by Jane M. Lyons on behalf of UNITED STATES CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, DEFENSE INTELLIGENCE AGENCY, UNITED STATES SPECIAL OPERATIONS COMMAND (Lyons, Jane) (Entered: 03/21/2008)
2008-03-21	5	Consent MOTION for Extension of Time to File an Initial Response to the Complaint by UNITED STATES CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, DEFENSE INTELLIGENCE AGENCY, UNITED STATES SPECIAL OPERATIONS COMMAND (Attachments: # 1 Text of Proposed Order)(Lyons, Jane) (Entered: 03/21/2008)
2008-03-26		MINUTE ORDER (paperless) granting Defendant's 5 Consent Motion for Extension of Time by which to respond to Plaintiff's Complaint. Accordingly, Defendants shall have until April 28, 2008, to file a response to Plaintiff's Complaint. The Parties shall also file a Joint Status Report on April 18, 2008, or before, indicating how they want to proceed and proposing a briefing schedule, if necessary. Signed by Judge Colleen Kollar-Kotelly on March 26, 2008. (lcckk1) (Entered: 03/26/2008)
2008-03-26	6	NOTICE OF SUBSTITUTION OF COUNSEL by Peter M. Brody on behalf of PHYSICIANS FOR HUMAN RIGHTS Substituting for attorney Thomas Susman (Brody, Peter) (Entered: 03/26/2008)
2008-03-26		Set/Reset Deadlines: Joint Status Report due by 4/18/2008. Answer due by 4/28/2008. (dot, ) (Entered: 04/10/2008)
2008-04-07	7	NOTICE of Appearance by Scott Risner on behalf of UNITED STATES CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, DEFENSE INTELLIGENCE AGENCY, UNITED STATES SPECIAL OPERATIONS COMMAND (Risner, Scott) (Entered: 04/07/2008)
2008-04-07	8	NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, DEFENSE INTELLIGENCE AGENCY, UNITED STATES SPECIAL OPERATIONS COMMAND. Attorney Jane M. Lyons terminated. (Lyons, Jane) (Entered: 04/07/2008)
2008-04-18	9	STATUS REPORT (Joint) by PHYSICIANS FOR HUMAN RIGHTS. (Brody, Peter) (Entered: 04/18/2008)
2008-04-22		MINUTE ORDER (paperless): Pursuant to the Parties request in their Joint Status Report (#9) filed on April 18, 2008, the Parties shall file another Joint Status Report by Monday, May 19, 2008. Signed by Judge Colleen Kollar-Kotelly on April 22, 2008. (SM) (Entered: 04/22/2008)
2008-04-28	10	ANSWER to 1 Complaint by UNITED STATES CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, DEFENSE INTELLIGENCE AGENCY, UNITED STATES SPECIAL OPERATIONS COMMAND. Related document: 1 Complaint filed by PHYSICIANS FOR HUMAN RIGHTS.(Risner, Scott) (Entered: 04/28/2008)
2008-05-19	11	STATUS REPORT (Joint) by PHYSICIANS FOR HUMAN RIGHTS. (Brody, Peter) (Entered: 05/19/2008)
2008-05-22		MINUTE ORDER (paperless): Pursuant to the parties' request in their Joint Status Report filed on May 19, 2008, the parties shall file another Joint Status Report on July 14, 2008. Signed by Judge Colleen Kollar-Kotelly on May 22, 2008. (SM) (Entered: 05/22/2008)
2008-07-14	12	STATUS REPORT (Joint) by PHYSICIANS FOR HUMAN RIGHTS. (Brody, Peter) (Entered: 07/14/2008)
2008-07-14		MINUTE ORDER (paperless): Pursuant to the parties' request in their Joint Status Report (#12) filed on July 14, 2008, the parties shall file a further Joint Status Report on or before August 11, 2008. Signed by Judge Colleen Kollar-Kotelly on July 14, 2008. (SM) (Entered: 07/14/2008)
2008-07-14		Set/Reset Deadlines: Joint Status Report due by 8/11/2008. (dot, ) (Entered: 07/15/2008)
2008-08-11	13	STATUS REPORT (Joint) by UNITED STATES CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, DEFENSE INTELLIGENCE AGENCY, UNITED STATES SPECIAL OPERATIONS COMMAND. (Risner, Scott) (Entered: 08/11/2008)
2008-08-22		MINUTE ORDER (paperless). Pursuant to the parties' request in the Joint Status Report filed on August 11, 2008, the parties shall file a further Joint Status Report on or before August 25, 2008. Signed by Judge Colleen Kollar-Kotelly on August 22, 2008. (lcckk1) (Entered: 08/22/2008)
2008-08-25	14	STATUS REPORT (Joint) by UNITED STATES CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, DEFENSE INTELLIGENCE AGENCY, UNITED STATES SPECIAL OPERATIONS COMMAND. (Risner, Scott) (Entered: 08/25/2008)
2008-10-03	15	MOTION for Summary Judgment by UNITED STATES CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, DEFENSE INTELLIGENCE AGENCY, UNITED STATES SPECIAL OPERATIONS COMMAND (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(Risner, Scott) (Entered: 10/03/2008)
2008-11-17	16	Cross MOTION for Summary Judgment by PHYSICIANS FOR HUMAN RIGHTS (Attachments: # 1 Statement of Facts, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22)(Brody, Peter) (Entered: 11/17/2008)
2008-11-17	17	Memorandum in opposition to re 15 MOTION for Summary Judgment filed by PHYSICIANS FOR HUMAN RIGHTS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Brody, Peter) (Entered: 11/17/2008)
2008-12-03	18	Unopposed MOTION for Extension of Time to File Response/Reply as to 16 Cross MOTION for Summary Judgment, 15 MOTION for Summary Judgment by UNITED STATES CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, DEFENSE INTELLIGENCE AGENCY, UNITED STATES SPECIAL OPERATIONS COMMAND (Attachments: # 1 Text of Proposed Order)(Risner, Scott) (Entered: 12/03/2008)
2008-12-03		MINUTE ORDER (paperless) granting Defendants' 18 Unopposed Motion for Extension of Time to file a Reply in support of their Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment. Accordingly, Defendants' Reply and Opposition shall be due on or before January 12, 2009, and Plaintiff's Reply shall be due on or before February 2, 2009. Signed by Judge Colleen Kollar-Kotelly on December 3, 2008. (lcckk1) (Entered: 12/03/2008)
2009-01-10	19	REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by UNITED STATES CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, DEFENSE INTELLIGENCE AGENCY, UNITED STATES SPECIAL OPERATIONS COMMAND. (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K)(Risner, Scott) (Entered: 01/10/2009)
2009-01-10	20	Memorandum in opposition to re 16 Cross MOTION for Summary Judgment filed by UNITED STATES CENTRAL COMMAND, U.S. DEPARTMENT OF DEFENSE, DEFENSE INTELLIGENCE AGENCY, UNITED STATES SPECIAL OPERATIONS COMMAND. (Attachments: # 1 Response to Plaintiff's Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit I, # 4 Exhibit J, # 5 Exhibit K)(Risner, Scott) (Entered: 01/10/2009)
2009-02-02	21	REPLY to opposition to motion re 16 Cross MOTION for Summary Judgment filed by PHYSICIANS FOR HUMAN RIGHTS. (Attachments: # 1 Exhibit 23, # 2 Exhibit 24, # 3 Exhibit 25, # 4 Exhibit 26, # 5 Exhibit 27, # 6 Exhibit 28)(Brody, Peter) (Entered: 02/02/2009)
2009-02-02	22	Memorandum in opposition to re 15 MOTION for Summary Judgment filed by PHYSICIANS FOR HUMAN RIGHTS. (Attachments: # 1 Exhibit 23, # 2 Exhibit 24, # 3 Exhibit 25, # 4 Exhibit 26, # 5 Exhibit 27, # 6 Exhibit 28)(Brody, Peter) (Entered: 02/02/2009)
2009-02-03		MINUTE ORDER (paperless). On February 27, 2008, the Court entered an order advising the parties that it strictly adheres to the dictates of Local Civil Rule 7(h)(1) and "assumes facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to the motion." Upon review of Plaintiff's November 17, 2008 Opposition, Plaintiff does not appear to have responded to Defendants' Statement of Material Facts. Rather than deem Defendant's Statement of Material Facts as conceded, the Court shall allow Plaintiff one additional opportunity to file an appropriate response to Defendants' Statement of Material Facts as instructed by the Court's Order and Local Civil Rule 7(h), which Plaintiff shall file no later than February 10, 2009. Should Plaintiff fail to file a response by that date, or should the response fail to comply with Local Civil Rule 7(h), the Court shall deem Defendants' Statement of Material Facts as conceded. Finally, the Court's February 27, 2008 Order also indicated that the parties must "provide Chambers (NOT the Clerk's Office), with a printed courtesy copy of any electronic submission that is over twenty-five (25) pages in total length, or that includes more than one exhibit and/or any exhibits more than 10 pages in length. Any exhibits shall be appropriately tabbed for each of reference." Both parties shall comply with this Order forthwith. Signed by Judge Colleen Kollar-Kotelly on February 3, 2009. (lcckk1) (Entered: 02/03/2009)
2009-02-10	23	RESPONSE to Defendants Statement of Facts filed by PHYSICIANS FOR HUMAN RIGHTS. (Brody, Peter) (Entered: 02/10/2009)
2009-06-19	24	ORDER by Chief Justice of the United States Supreme Court directing the designation and assignment of a United States District Judge for service in another circuit; assigning Judge Richard D. Bennett of the U.S. District Court for District of Maryland to this case. (Signed by Chief Justice John D. Roberts on 6/16/09). (Entered: 06/19/2009)
2009-06-19	25	Case Reassigned to Judge Richard D. Bennett, visiting judge by designation. Judge Colleen Kollar-Kotelly no longer assigned to the case. (jeb, ) (Entered: 06/19/2009)
2009-10-20	26	NOTICE of Appearance by Christina S. Coll on behalf of PHYSICIANS FOR HUMAN RIGHTS (Coll, Christina) (Entered: 10/20/2009)
2009-10-22	27	MOTION to Supplement the Record for Summary Judgment by PHYSICIANS FOR HUMAN RIGHTS (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order)(Brody, Peter) Modified on 10/15/2010 (jeb, ). (Entered: 10/22/2009)
2009-12-30	28	MEMORANDUM AND OPINION. Signed on 12/30/09 by Judge Richard D. Bennett, U.S. District Court Judge for the District of Maryland, sitting by designation.(jeb, ) (Entered: 12/30/2009)
2009-12-30	29	ORDER granting in part and denying in part 15 Defendants' Motion for Summary Judgment; granting in part and denying in part 16 Plaintiff's Cross Motion for Summary Judgment; CENTCOM to conduct a search on certain documents no later than 4/1/10; Defendants' Renewed Motion for Summary Judgment due 4/1/10; Plaintiff's Response to the Renewed Motion for Summary Judgment due 4/30/10;Defendants' Reply to the Renewed Motion for Summary Judgment due 5/21/10; Plaintiff's Cross Motion due 4/30/10; Defendants' Response to Plaintiff's Cross Motion for Summary due 5/21/10; Plaintiff's Reply to Plaintiff's Cross Motion for Summary Judgment due 6/11/10; deferring a ruling with respect to the withholdings claimed by Joint Staff and DIA; directing the Joint Staff and the DIA to submit certain unredacted copies for in camera review by the Court by 2/1/10. Signed on 12/30/09 by Judge Richard D. Bennett, U.S.District Court for the District of Maryland,sitting by designation. (jeb, ) (Entered: 12/30/2009)
2010-01-26	30	ORDER granting defendants' MOTION for Summary Judgment 15 ; denying plaintiffs' Cross MOTION for Summary Judgment 16 with respect to the withholdings claimed by the Joint Staff and Defense Intelligence Agency. Signed on January 26, 2010 by Judge Richard D. Bennett, U.S. District Court Judge for the District of Maryland, sitting by designation. (jeb, ) (Entered: 01/26/2010)
2010-04-01	31	Unopposed MOTION for Extension of Time to Complete Supplemental Production and File Renewed Motion for Summary Judgment by DEFENSE INTELLIGENCE AGENCY, U.S. DEPARTMENT OF DEFENSE, UNITED STATES CENTRAL COMMAND, UNITED STATES SPECIAL OPERATIONS COMMAND (Attachments: # 1 Text of Proposed Order)(Risner, Scott) (Entered: 04/01/2010)
2010-04-02	32	ORDER granting 31 Defendants' Unopposed MOTION for Extension of Time to Complete Supplemental Production and File Renewed Motion for Summary Judgment by DEFENSE INTELLIGENCE AGENCY, U.S. DEPARTMENT OF DEFENSE, UNITED STATES CENTRAL COMMAND, UNITED STATES SPECIAL OPERATIONS COMMAND; Defendants' Renewed Motion for summary judgment and defendants' deadline to produce all responsive non-exempt information obtained by new search by CENTCOM due by 4/7/2010; Plaintiff's Response to Defendants' Renewed Motion for summary judgment due by 5/6/2010. Defendants' Reply to Plaintiff's Opposition to the Renewed Motion for Summary Judgment due by 5/27/2010. Plaintiff's cross motion for summary judgment,if any, due 5/6/10; Defendants' Response to Plaintiff's Cross Motion for Summary Judgment due by 5/27/2010; Plaintiff's Reply to Defendants' Opposition to Plaintiff's Cross Motion due by 6/7/2010; Nothwithstanding the informed nature of this letter, it is an order of this Court,and the Clerk is directed to file it as such. Signed on 4/2/10 by Judge Richard D. Bennett, U.S. District Court Judge for the District of Maryland, sitting by designation.(jeb, ) (Entered: 04/02/2010)
2010-04-07	33	Unopposed MOTION for Extension of Time to Complete Supplemental Production and File Renewed Motion for Summary Judgment by DEFENSE INTELLIGENCE AGENCY, U.S. DEPARTMENT OF DEFENSE, UNITED STATES CENTRAL COMMAND, UNITED STATES SPECIAL OPERATIONS COMMAND (Attachments: # 1 Text of Proposed Order)(Risner, Scott) (Entered: 04/07/2010)
2010-04-08	34	ORDER granting 33 Defendants' Unopposed MOTION for Extension of Time to Complete Supplemental Production and File Renewed Motion for Summary Judgment by DEFENSE INTELLIGENCE AGENCY, U.S. DEPARTMENT OF DEFENSE, UNITED STATES CENTRAL COMMAND, UNITED STATES SPECIAL OPERATIONS COMMAND; Defendants' Renewed Motion for summary judgment and defendants' deadline to produce all responsive non-exempt information obtained by new search by CENTCOM due by 4/15/2010; Plaintiff's Response to Defendants' Renewed Motion for summary judgment due by 5/14/2010. Defendants' Reply to Plaintiff's Opposition to the Renewed Motion for Summary Judgment due by 6/04/2010. Plaintiff's cross motion for summary judgment,if any, due 5/14/10; Defendants' Response to Plaintiff's Cross Motion for Summary Judgment due by 6/04/2010; Plaintiff's Reply to Defendants' Opposition to Plaintiff's Cross Motion due by 6/25/2010; Nothwithstanding the informed nature of this letter, it is an order of this Court,and the Clerk is directed to file it as such. Signed on 4/8/10 by Judge Richard D. Bennett, U.S. District Court Judge for the District of Maryland, sitting by designation.(jeb, ) (Entered: 04/08/2010)
2010-04-15	35	Second MOTION for Summary Judgment by DEFENSE INTELLIGENCE AGENCY, U.S. DEPARTMENT OF DEFENSE, UNITED STATES CENTRAL COMMAND, UNITED STATES SPECIAL OPERATIONS COMMAND (Attachments: # 1 Statement of Facts, # 2 Exhibit A, # 3 Text of Proposed Order)(Risner, Scott) (Entered: 04/15/2010)
2010-05-10	36	MOTION for Extension of Time to File Response/Reply as to 35 Second MOTION for Summary Judgment by PHYSICIANS FOR HUMAN RIGHTS (Attachments: # 1 Text of Proposed Order)(Coll, Christina) (Entered: 05/10/2010)
2010-05-12	37	ORDER granting 36 Unopposed Motion for Extension of Time to File Opposition and Cross Motion for Extension of Time to File Response/Reply as to 35 Second MOTION for Summary Judgment Plaintiff's oppositon to Defendant's renewed motion for summary judgment and cross motion for summary judgement, if any, shall be filed by 5/21/2010; Defendant's opposition to Plaintiff's cross-motion, if any, and reply in support of its motion for summary judgment shall be filed by 6/11/2010; Plaintiff's reply in support of its cross-motion for summary judgment, if any, shall be filed by 7/2/2010.. Signed by Judge Richard D. Bennett on 5/11/10. (lin, ) (Entered: 05/12/2010)
2010-05-12		Set/Reset Deadlines: Cross Motions due by 5/21/2010. Response to Cross Motions due by 6/11/2010. Reply to Cross Motions due by 7/2/2010. (lin, ) (Entered: 05/12/2010)
2010-05-21	38	Memorandum in opposition to re 35 Second MOTION for Summary Judgment filed by PHYSICIANS FOR HUMAN RIGHTS. (Attachments: # 1 Response to Undisputed Facts, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Text of Proposed Order)(Coll, Christina) (Entered: 05/21/2010)
2010-05-21	39	Second MOTION for Summary Judgment by PHYSICIANS FOR HUMAN RIGHTS (Attachments: # 1 Statement of Facts, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Text of Proposed Order)(Coll, Christina) (Entered: 05/21/2010)
2010-06-10	40	REPLY to opposition to motion re 35 Second MOTION for Summary Judgment filed by DEFENSE INTELLIGENCE AGENCY, U.S. DEPARTMENT OF DEFENSE, UNITED STATES CENTRAL COMMAND, UNITED STATES SPECIAL OPERATIONS COMMAND. (Risner, Scott) (Entered: 06/10/2010)
2010-06-10	41	Memorandum in opposition to re 39 Second MOTION for Summary Judgment filed by DEFENSE INTELLIGENCE AGENCY, U.S. DEPARTMENT OF DEFENSE, UNITED STATES CENTRAL COMMAND, UNITED STATES SPECIAL OPERATIONS COMMAND. (Attachments: # 1 Response to Statement of Facts, # 2 Text of Proposed Order)(Risner, Scott) (Entered: 06/10/2010)
2010-07-02	42	REPLY to opposition to motion re 39 Second MOTION for Summary Judgment filed by PHYSICIANS FOR HUMAN RIGHTS. (Coll, Christina) (Entered: 07/02/2010)
2011-04-20	43	MEMORANDUM AND OPINION. Signed on 4/19/11 by Judge Richard D. Bennett, U.S. District Court Judge for the District of Maryland, sitting by designation.(jeb, ) (Entered: 04/20/2011)
2011-04-20	44	ORDER granting 35 Defendants' Motion for Summary Judgment; denying 39 Plaintiff's Cross Motion for Summary Judgment; closing this case. Signed on 4/19/11 by Judge Richard D. Bennett, U.S. District Court Judge for the District of Maryland, sitting by designation. (jeb, ) (Entered: 04/20/2011)
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