Skip to content

Case Detail

[Subscribe to updates]
Case TitleCenter for Constitutional Rights v. Department of Justice et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2012cv00135
Date Filed2012-01-09
Date Closed2013-09-17
JudgeJudge Naomi Reice Buchwald
PlaintiffCenter for Constitutional Rights
DefendantDepartment of Justice and its Components Federal Bureau of Investigation and Executive Office of United States Attorneys
DefendantDepartment of Justice and its Components Federal Bureau of Investigation and Executive Office of United States Attorneys
TERMINATED: 02/23/2012
DefendantDepartment of Defense and its Components Defense Intelligence Agency and United States Southern Command
DefendantDepartment of Defense and its Components Defense Intelligence Agency and United States Southern Command
TERMINATED: 02/23/2012
DefendantDepartment of Defense
DefendantDepartment of Justice
DefendantFederal Bureau of Investigation
DefendantDefense Intelligence Agency
DefendantCentral Intelligence Agency
DefendantUnited States Southern Command
DefendantExecutive Office of United States Attorneys
TERMINATED: 03/13/2012
AppealSecond Circuit 13-3684
Documents
Docket
Complaint
Opinion/Order [60]
FOIA Project Annotation: A federal court in New York has ruled that the Defense Department and the FBI properly withheld all video and photographic images of Mohammed al-Qahtani, widely believed to be the intended 20th hijacker on 9/11, who was captured by Pakistani forces in December 2001 and has been incarcerated at the U.S. facility at Guantanamo Bay ever since, under Exemption 1 (national security). The FOIA suit was filed by the Center for Constitutional Rights, which, along with others, represents al-Qahtani in a habeas corpus action in district court in Washington. In that role, CCR was privy to non-public information and filed the FOIA suit to force the government to make images of al-Qahtani public. Although the New York Times had published a photo of al-Qahtani, no official government disclosure has ever been made of his image. The Defense Department's affidavits argued that disclosure of al-Qahtani's image would allow terrorists to use and manipulate the image for propaganda purposes, would discourage any level of cooperation on the part of detainees, and could be used as a method of communication between terrorists. The court agreed, noting that "we find it both logical and plausible that extremists would utilize images of al-Qahtani to incite anti-American sentiment, to raise funds, and/or to recruit other loyalists. . ." and to "compromise the Government's cooperative relationships with other Guantanamo detainees." CCR argued this was unlikely given the large amount of information that was already public about al-Qahtani. But the court indicated that "the Government's release of written information concerning al-Qahtani does not diminish its explanations for withholding images of al-Qahtani. To the contrary, the written record of torture may make it all the more likely that enemy forces would use al-Qahtani's image against the United States' interests." In its response to CCR, the CIA had invoked a Glomar response neither confirming nor denying the existence of records. CCR argued again that the CIA's involvement with al-Qahtani's detention was public. But the court observed that "the referenced statements cannot satisfy the 'strict test' for official disclosure because they were not made by the CIA itself."
Issues: Exemption 1 - Harm to national security
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2012-01-091COMPLAINT against Central Intelligence Agency, Department of Defense and its Components Defense Intelligence Agency and United States Southern Command, Department of Justice and its Components Federal Bureau of Investigation and Executive Office of United States Attorneys. (Filing Fee $ 350.00, Receipt Number 465401026318)Document filed by Center for Constitutional Rights.(rdz) (Entered: 01/11/2012)
2012-01-09Magistrate Judge Michael H. Dolinger is so designated. (rdz) (Entered: 01/11/2012)
2012-01-09Case Designated ECF. (rdz) (Entered: 01/11/2012)
2012-01-09SUMMONS ISSUED as to Central Intelligence Agency, Department of Defense and its Components Defense Intelligence Agency and United States Southern Command, Department of Justice and its Components Federal Bureau of Investigation and Executive Office of United States Attorneys. (rdz) (Entered: 01/11/2012)
2012-01-182CERTIFICATE OF SERVICE. Central Intelligence Agency served on 1/10/2012, answer due 1/31/2012; Department of Defense and its Components Defense Intelligence Agency and United States Southern Command served on 1/10/2012, answer due 1/31/2012; Department of Justice and its Components Federal Bureau of Investigation and Executive Office of United States Attorneys served on 1/10/2012, answer due 1/31/2012. Service was made by Mail. Document filed by Center for Constitutional Rights. (Bannon, Alicia) (Entered: 01/18/2012)
2012-01-203MOTION for Sandra L. Babcock to Appear Pro Hac Vice. Document filed by Center for Constitutional Rights, Central Intelligence Agency.(pgu) (Entered: 01/26/2012)
2012-01-314ORDER REGARDING ADMISSION PRO HAC VICE granting 3 Motion for Sandra L. Babcock to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 1/31/2012) (lmb) Modified on 1/31/2012 (lmb). (Entered: 01/31/2012)
2012-02-025ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Tara M LaMorte dated 1/31/2012 re: Request to extend time to respond to the complaint to 2/23/2012. ENDORSEMENT: Application granted. Central Intelligence Agency answer due 2/23/2012; Department of Defense and its Components Defense Intelligence Agency and United States Southern Command answer due 2/23/2012; Department of Justice and its Components Federal Bureau of Investigation and Executive Office of United States Attorneys answer due 2/23/2012. (Signed by Judge Naomi Reice Buchwald on 2/1/2012) (cd) (Entered: 02/02/2012)
2012-02-086NOTICE OF APPEARANCE by Tara Marie La Morte on behalf of Central Intelligence Agency, Department of Defense and its Components Defense Intelligence Agency and United States Southern Command, Department of Justice and its Components Federal Bureau of Investigation and Executive Office of United States Attorneys (La Morte, Tara) (Entered: 02/08/2012)
2012-02-09CASHIERS OFFICE REMARK on 3 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 01/20/2012, Receipt Number 1027575. (jd) (Entered: 02/09/2012)
2012-02-237ANSWER to 1 Complaint,. Document filed by Central Intelligence Agency, Department of Defense and its Components Defense Intelligence Agency and United States Southern Command, Department of Justice and its Components Federal Bureau of Investigation and Executive Office of United States Attorneys.(La Morte, Tara) (Entered: 02/23/2012)
2012-02-238CONSENT ORDER TO MODIFY DOCKET: The Clerk's office shall modify the docket sheet in the above-captioned case, so that each of the following defendants is listed as a separate party: (1) Department of Defense; (2) Defense Intelligence Agency; (3) United States Southern Command; (4) Department of Justice; (5) Federal Bureau of Investigation; (6) Executive Office of United States Attorneys; and (7) Central Intelligence Agency. (Signed by Judge Naomi Reice Buchwald on 2/22/2012) (jfe) (Entered: 02/23/2012)
2012-02-279NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/3/2012 at 03:00 PM in Courtroom 21A, at the United States Court House, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald. (Signed by Judge Naomi Reice Buchwald on 2/27/2012) (ab) (Entered: 02/27/2012)
2012-03-0810DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Executive Office of United States Attorneys and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Center for Constitutional Rights.(Bannon, Alicia) Modified on 3/9/2012 (dt). (Entered: 03/08/2012)
2012-03-09***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Alcia Bannon Document 10 Stipulation of Voluntary Dismissal, was referred to Judge Naomi Reice Buchwald for approval. (dt) (Entered: 03/09/2012)
2012-03-1311STIPULATION OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS: IT IS HEREBY AGREED AND STIPULATED by and among Plaintiff and Defendants, by and through their respective counsel, that Plaintiff's action against Defendant Executive Office of United States Attorneys is hereby dismissed without prejudice pursuant to Rule 41 (a)(1) (A)(ii) of the Federal Rules of Civil Procedure, with each party to bear its own costs and fees. (Signed by Judge Naomi Reice Buchwald on 3/13/2012) (lmb) (Entered: 03/13/2012)
2012-07-0312SCHEDULING ORDER: Motion by plaintiff for summary judgment due by 7/23/2012. Cross Motion for summary judgment due by 9/3/2012. Response due by 9/3/2012. Reply due by 10/1/2012. Government reply due by 10/15/2012. (Signed by Judge Naomi Reice Buchwald on 7/2/2012) (cd) (Entered: 07/03/2012)
2012-07-1913ORDER: It is on this 18th day of July 2012, ordered that 1. The summary judgment briefing schedule is hereby stayed pending the outcome of the above described motion in the United States District Court for the District of Columbia and 2. When that motion is resolved plaintiff shall confer with defendants and submit an amended joint proposed scheduling order setting forth a modified summary judgment briefing schedule and if necessary, a briefing schedule and with respect to whether Plaintiff should be permitted to file a classified declaration in this case. (Signed by Judge Naomi Reice Buchwald on 7/18/2012) (js) (Entered: 07/19/2012)
2012-09-2414REVISED SCHEDULING ORDER: ORDERED that the parties shall submit briefing in accordance with the following revised scheduled. Motions due by 10/3/2012. Cross Motions due by 11/14/2012. Responses due by 12/12/2012 Replies due by 12/27/2012. (Signed by Judge Naomi Reice Buchwald on 9/21/2012) (ama) (Entered: 09/24/2012)
2012-10-0115FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - CONSENT MOTION for Leave to File Excess Pages in Memorandum of Law in support of Plaintiff's Motion for Summary Judgment . Document filed by Center for Constitutional Rights.(Lustberg, Lawrence) Modified on 10/2/2012 (db). (Entered: 10/01/2012)
2012-10-02***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 15 HAS BEEN REJECTED. Note to Attorney Lawrence S. Lustberg : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db) (Entered: 10/02/2012)
2012-10-0216ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Lawrence S. Lustberg dated 10/01/2012 re: Pursuant to your Order filed September 24, 2012, Plaintiffs Motion for Summary Judgment is due on October 3, 2012. We write in advance of that deadline to request an extension of the 25-page limit for Memoranda of Law specified in Your Honor's individual rules of practice. Specifically, we respectfully request that Plaintiff be permitted to submit a Memorandum of Law no longer than 45 pages. Counsel for the Defendants has consented to this request indeed, they graciously consented to a 50-page Memorandum, which is longer than will be necessary. ENDORSEMENT: Application Granted with the strong suggestion that counsel not exceed 40 pages. (Signed by Judge Naomi Reice Buchwald on 10/02/2012) (ama) (Entered: 10/02/2012)
2012-10-0317MOTION for Partial Summary Judgment. Document filed by Center for Constitutional Rights. Responses due by 11/14/2012(Lustberg, Lawrence) (Entered: 10/03/2012)
2012-10-0318MEMORANDUM OF LAW in Support re: 17 MOTION for Partial Summary Judgment.. Document filed by Center for Constitutional Rights. (Lustberg, Lawrence) (Entered: 10/03/2012)
2012-10-0319DECLARATION of Sandra L. Babcock in Support re: 17 MOTION for Partial Summary Judgment.. Document filed by Center for Constitutional Rights. (Lustberg, Lawrence) (Entered: 10/03/2012)
2012-10-0320DECLARATION of Lawrence S. Lustberg in Support re: 17 MOTION for Partial Summary Judgment.. Document filed by Center for Constitutional Rights. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (part 1 of 4), # 3 Exhibit 2 (part 2 of 4), # 4 Exhibit 2 (part 3 of 4), # 5 Exhibit 2 (part 4 of 4), # 6 Exhibit 3 (part 1 of 4), # 7 Exhibit 3 (part 2 of 4), # 8 Exhibit 3 (part 3 of 4), # 9 Exhibit 3 (part 4 of 4), # 10 Exhibit 4 - 8, # 11 Exhibit 9 (part 1 of 3), # 12 Exhibit 9 (part 2 of 3), # 13 Exhibit 9 (part 3 of 3), # 14 Exhibit 10 - 16, # 15 Exhibit 17 - 18, # 16 Exhibit 19 - 20, # 17 Exhibit 21 - 26, # 18 Exhibit 27 - 30, # 19 Exhibit 31 (part 1 of 2), # 20 Exhibit 31 (part 2 of 2), # 21 Exhibit 32)(Lustberg, Lawrence) (Entered: 10/03/2012)
2012-10-0321RULE 56.1 STATEMENT. Document filed by Center for Constitutional Rights. (Lustberg, Lawrence) (Entered: 10/03/2012)
2012-11-1422ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Emily Daughtry dated 11/8/2012 re: Counsel fro defendant requests a 30-day extension of Government's time to file its opposition to plaintiff's motion for partial summary judgment and its cross-motion for summary judgment, from November 14, 2012, to December 14, 2012. This is the governments first request for an extension of this deadline, and Plaintiff consents to this request. Should the Court grant the Government's request, the revised briefing schedule would be as follows: December 14, 2012 Government's opposition and cross-motion for summary judgment January 14, 2013 Plaintiffs opposition and reply January 28, 2013. In addition, the Government respectfully requests an extension of the Court's page limitation to 40 pages. Plaintiff previously was authorized to file a 40-page brief, and the Government will need the same number of pages given the number and complexity of the issues that the Government will need to address in its memorandum of law in support of its opposition to plaintiffs motion for partial summary judgment and its cross-motion for summary judgment. Plaintiff consents to this request as well. Government's reply. ENDORSEMENT: Application granted. So Ordered. ( Responses due by 1/14/2013, Replies due by 1/28/2013.) (Signed by Judge Naomi Reice Buchwald on 11/13/2012) (js) (Entered: 11/14/2012)
2012-12-1323ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Emily Daughtry dated 12/11/2012 re: I write respectfully to request a one week extension of the Government's time to file its opposition to plaintiffs motion for partial summary judgment and its cross-motion for summary judgment, from December 14,2012, to December 21, 2012. Should the Court grant the Government's request, the revised briefing schedule would be as follows: December 21, 2012 Government's opposition and cross-motion for summary judgment; January 21, 2013 Plaintiff's opposition and reply; February 4, 2013 Government's reply. ENDORSEMENT: SO ORDERED., ( Cross Motions due by 12/21/2012., Responses due by 1/21/2013, Replies due by 2/4/2013.) (Signed by Judge Naomi Reice Buchwald on 12/13/2012) (ama) (Entered: 12/13/2012)
2012-12-2124FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of Justice, Federal Bureau of Investigation, United States Southern Command.(Daughtry, Emily) Modified on 12/26/2012 (ldi). (Entered: 12/21/2012)
2012-12-2125FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 24 MOTION for Summary Judgment. and in Opposition to CCR's Motion for Partial Summary Judgment . Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of Justice, Federal Bureau of Investigation, United States Southern Command. (Daughtry, Emily) Modified on 12/26/2012 (ldi). (Entered: 12/21/2012)
2012-12-2126FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Mark H. Herrington in Support re: 24 MOTION for Summary Judgment.. Document filed by Department of Defense, United States Southern Command. (Daughtry, Emily) Modified on 12/26/2012 (ldi). (Entered: 12/21/2012)
2012-12-2127FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Major General Karl B. Horst in Support re: 24 MOTION for Summary Judgment.. Document filed by Department of Defense. (Daughtry, Emily) Modified on 12/26/2012 (ldi). (Entered: 12/21/2012)
2012-12-2128FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of William K. Lietzau in Support re: 24 MOTION for Summary Judgment.. Document filed by Department of Defense. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Daughtry, Emily) Modified on 12/26/2012 (ldi). (Entered: 12/21/2012)
2012-12-2129FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Alesia Y. Williams in Support re: 24 MOTION for Summary Judgment.. Document filed by Defense Intelligence Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Daughtry, Emily) Modified on 12/26/2012 (ldi). (Entered: 12/22/2012)
2012-12-21***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Emily Ewell Daughtry to RE-FILE Document 24 MOTION for Summary Judgment., 25 Memorandum of Law in Support of Motion. ERROR(S): Wrong case number indicated on documents. (ldi) (Entered: 12/26/2012)
2012-12-21***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Emily Ewell Daughtry to RE-FILE Document 26 Declaration in Support of Motion, 27 Declaration in Support of Motion, 28 Declaration in Support of Motion. ERROR(S): Documents linked to filing error. (ldi) (Entered: 12/26/2012)
2012-12-2230FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of David M. Hardy in Support re: 24 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A to L)(Daughtry, Emily) Modified on 12/26/2012 (ldi). (Entered: 12/22/2012)
2012-12-2231FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of David M. Hardy (Second Decl.) in Support re: 24 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation. (Daughtry, Emily) Modified on 12/26/2012 (ldi). (Entered: 12/22/2012)
2012-12-2232FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of James M. Kovakas in Support re: 24 MOTION for Summary Judgment.. Document filed by Department of Justice. (Daughtry, Emily) Modified on 12/26/2012 (ldi). (Entered: 12/22/2012)
2012-12-2233FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Elizabeth Anne Culver in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Daughtry, Emily) Modified on 12/26/2012 (ldi). (Entered: 12/22/2012)
2012-12-2234FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Emily E. Daughtry in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of Justice, Federal Bureau of Investigation, United States Southern Command. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Daughtry, Emily) Modified on 12/26/2012 (ldi). (Entered: 12/22/2012)
2012-12-2235FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE of Classified Filing re: 24 MOTION for Summary Judgment.. Document filed by Department of Defense. (Daughtry, Emily) Modified on 12/26/2012 (ldi). (Entered: 12/22/2012)
2012-12-22***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Emily Ewell Daughtry to RE-FILE Document 29 Declaration in Support of Motion, 30 Declaration in Support of Motion, 31 Declaration in Support of Motion, 32 Declaration in Support of Motion, 33 Declaration in Support of Motion. ERROR(S): Documents linked to filing error. (ldi) (Entered: 12/26/2012)
2012-12-22***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Emily Ewell Daughtry to RE-FILE Document 34 Declaration in Support of Motion, 35 Notice (Other). ERROR(S): Wrong case number indicated on documents. (ldi) (Entered: 12/26/2012)
2012-12-2736MOTION for Summary Judgment. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of Justice, Federal Bureau of Investigation, United States Southern Command.(Daughtry, Emily) (Entered: 12/27/2012)
2012-12-2737MEMORANDUM OF LAW in Support re: 36 MOTION for Summary Judgment. and in Opposition to CCR's Motion for Partial Summary Judgment . Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of Justice, Federal Bureau of Investigation, United States Southern Command. (Daughtry, Emily) (Entered: 12/27/2012)
2012-12-2738DECLARATION of Rear Admiral David B. Woods in Support re: 36 MOTION for Summary Judgment.. Document filed by Department of Defense, United States Southern Command. (Attachments: # 1 Exhibit 1-3)(Daughtry, Emily) (Entered: 12/27/2012)
2012-12-2739DECLARATION of Alesia Y. Williams in Support re: 36 MOTION for Summary Judgment.. Document filed by Defense Intelligence Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Daughtry, Emily) (Entered: 12/27/2012)
2012-12-2740DECLARATION of Mark H. Herrington in Support re: 36 MOTION for Summary Judgment.. Document filed by Department of Defense, United States Southern Command. (Daughtry, Emily) (Entered: 12/27/2012)
2012-12-2741DECLARATION of Major General Karl R. Horst in Support re: 36 MOTION for Summary Judgment.. Document filed by Department of Defense. (Daughtry, Emily) (Entered: 12/27/2012)
2012-12-2742DECLARATION of William K. Lietzau in Support re: 36 MOTION for Summary Judgment.. Document filed by Department of Defense. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Daughtry, Emily) (Entered: 12/27/2012)
2012-12-2743DECLARATION of David M. Hardy in Support re: 36 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A - L)(Daughtry, Emily) (Entered: 12/27/2012)
2012-12-2744DECLARATION of David M. Hardy (Second Declaration) in Support re: 36 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation. (Daughtry, Emily) (Entered: 12/27/2012)
2012-12-2745DECLARATION of Elizabeth Anne Culver in Support re: 36 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Daughtry, Emily) (Entered: 12/27/2012)
2012-12-2746DECLARATION of Emily E. Daughtry in Support re: 36 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of Justice, Federal Bureau of Investigation, United States Southern Command. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Daughtry, Emily) (Entered: 12/27/2012)
2012-12-2747NOTICE of Classified Filing re: 36 MOTION for Summary Judgment.. Document filed by Department of Defense. (Daughtry, Emily) (Entered: 12/27/2012)
2013-01-1748ENDORSED LETTER addressed to Judge Naomi Riece Buchwald, from Emily Daughtry, dated 1/14/2013, re: request a four-day extension of the date proposed by CCR in its 1/11/2013 letter for the Government's reply to CCR's opposition to our motion for summary judgment. I also respectfully request until Friday, February 22, to file our reply brief. ENDORSEMENT: So ordered. ( Brief due by 2/22/2013. Responses due by 2/4/2013, Replies due by 2/22/2012.) (Signed by Judge Naomi Reice Buchwald on 1/17/2013) (ja) (Main Document 48 replaced on 1/18/2013) (ja). (Entered: 01/17/2013)
2013-02-0449MEMORANDUM OF LAW in Opposition re: 36 MOTION for Summary Judgment. And Reply Brief in Support of Plaintiff's Motion for Partial Summary Judgment . Document filed by Center for Constitutional Rights. (Lustberg, Lawrence) (Entered: 02/04/2013)
2013-02-0450DECLARATION of Lawrence S. Lustberg in Opposition re: 36 MOTION for Summary Judgment.. Document filed by Center for Constitutional Rights. (Attachments: # 1 Exhibit 33, # 2 Exhibit 34, # 3 Exhibit 35, # 4 Exhibit 36, # 5 Exhibit 37)(Lustberg, Lawrence) (Entered: 02/04/2013)
2013-02-0451RULE 56.1 STATEMENT. Document filed by Center for Constitutional Rights. (Lustberg, Lawrence) (Entered: 02/04/2013)
2013-02-2652ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Emily Daughtry dated 2/19/2013 re: counsel for Defendant writes respectfully to requests a 45-day extension of the deadline for the Government's reply to CCR's opposition to our motion for summary judgment, from February 22, 2013, until April 8, 2013. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 2/25/2013) (pl) Modified on 2/26/2013 (pl). (Entered: 02/26/2013)
2013-02-26Set/Reset Deadlines: Replies due by 4/8/2013. (pl) (Entered: 02/26/2013)
2013-04-0253NOTICE OF APPEARANCE by Benjamin Zev Yaster on behalf of Center for Constitutional Rights (Yaster, Benjamin) (Entered: 04/02/2013)
2013-04-0454ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Emily E. Daughtry dated 4/2/2013 re: counsel for Defendant writes to respectfully requests leave to file a 20-page reply brief in further support of the Government's motion for summary judgment. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 4/4/2013) (pl) (Entered: 04/04/2013)
2013-04-0855ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Tara M. La Morte dated 4/5/2013 re: counsel for Defendants writes respectfully to request leave to file ex parte and under seal a supplemental index describing 53 videotapes withheld pursuant to FOIA Exemptions 1, 7(A), 6 and 7(C) (hereinafter the "FBI Videotapes"). ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 4/8/2013) (pl) (Entered: 04/08/2013)
2013-04-0856REPLY MEMORANDUM OF LAW in Support re: 36 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of Justice, Federal Bureau of Investigation, United States Southern Command. (Daughtry, Emily) (Entered: 04/08/2013)
2013-04-0857DECLARATION of Mark H. Herrington (Second Declaration) in Support re: 36 MOTION for Summary Judgment.. Document filed by Department of Defense. (Daughtry, Emily) (Entered: 04/08/2013)
2013-04-0858DECLARATION of David M. Hardy (Third Declaration) in Support re: 36 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation. (Daughtry, Emily) (Entered: 04/08/2013)
2013-04-0859DECLARATION of Emily E. Daughtry (Second Declaration) in Support re: 36 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of Justice, Federal Bureau of Investigation, United States Southern Command. (Attachments: # 1 Exhibit G, # 2 Exhibit H)(Daughtry, Emily) (Entered: 04/08/2013)
2013-09-03Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Oral Argument held on 9/3/2013 re: 36 MOTION for Summary Judgment. filed by United States Southern Command, Department of Defense, Defense Intelligence Agency, Department of Justice, Central Intelligence Agency, Federal Bureau of Investigation, 17 MOTION for Partial Summary Judgment. filed by Center for Constitutional Rights. (djc) (Entered: 09/05/2013)
2013-09-1260MEMORANDUM AND ORDER granting 36 Motion for Summary Judgment; denying 17 Motion for Partial Summary Judgment. CCR's motion for partial summary judgment (Dkt. No. 17) is denied and the Government's cross motion for summary judgment (Dkt. No. 36) is granted. (Signed by Judge Naomi Reice Buchwald on 9/12/2013) Copies Mailed By Chambers. (ft) Modified on 9/12/2013 (ft). (Entered: 09/12/2013)
2013-09-12Transmission to Judgments and Orders Clerk. Transmitted re: 60 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment to the Judgments and Orders Clerk. (ft) (Entered: 09/16/2013)
2013-09-1761CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated September 12, 2013, CCR's motion for partial summary judgment is denied and the Government's cross-motion for summary judgment is granted. (Signed by Clerk of Court Ruby Krajick on 9/17/13) (Attachments: # 1 Notice of Right to Appeal)(ml) (Entered: 09/17/2013)
2013-09-1962SEALED DOCUMENT placed in vault.(nm) (Entered: 09/19/2013)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar