| Date Filed | Doc # | Docket Text |
|
| 2012-02-01 | 1 | COMPLAINT against Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Filing Fee $ 350.00, Receipt Number 465401028481)Document filed by The American Civil Liberties Union Foundation, American Civil Liberties Union.(mro) (Entered: 02/01/2012) |
| 2012-02-01 | | SUMMONS ISSUED as to Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice, U.S. Attorney and U.S. Attorney General. (mro) (Entered: 02/01/2012) |
| 2012-02-01 | | CASE REFERRED TO Judge Colleen McMahon as possibly related to 11-cv-9336. (mro) (Entered: 02/01/2012) |
| 2012-02-01 | | Case Designated ECF. (mro) (Entered: 02/01/2012) |
| 2012-02-02 | | CASE ACCEPTED AS RELATED. Create association to 1:11-cv-09336-CM. Notice of Assignment to follow. (pgu) (Entered: 02/02/2012) |
| 2012-02-02 | 2 | NOTICE OF CASE ASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 02/02/2012) |
| 2012-02-02 | | Magistrate Judge James C. Francis IV is so designated. (pgu) (Entered: 02/02/2012) |
| 2012-02-02 | 3 | ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/24/2012 at 11:30 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 2/2/2012) (mro) (Entered: 02/02/2012) |
| 2012-02-03 | 4 | NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice (Normand, Sarah) (Entered: 02/03/2012) |
| 2012-02-08 | 11 | MOTION for Eric A.O. Ruzicka to Appear Pro Hac Vice. Document filed by The American Civil Liberties Union Foundation.(sjo) (Entered: 02/16/2012) |
| 2012-02-08 | 12 | MOTION for Colin Wicker to Appear Pro Hac Vice. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(sjo) (Entered: 02/16/2012) |
| 2012-02-08 | 13 | MOTION for Michael P. Weinbeck to Appear Pro Hac Vice. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(sjo) (Entered: 02/16/2012) |
| 2012-02-09 | 5 | SUMMONS RETURNED EXECUTED. U.S. Department of Justice served on 2/3/2012, answer due 2/24/2012. Service was made by Mail. Document filed by The American Civil Liberties Union Foundation; American Civil Liberties Union. (Colangelo-Bryan, Joshua) (Entered: 02/09/2012) |
| 2012-02-09 | 6 | SUMMONS RETURNED EXECUTED. Central Intelligence Agency served on 2/3/2012, answer due 2/24/2012. Service was made by mail. Document filed by The American Civil Liberties Union Foundation; American Civil Liberties Union. (Colangelo-Bryan, Joshua) (Entered: 02/09/2012) |
| 2012-02-09 | 7 | SUMMONS RETURNED EXECUTED. U.S. Department of Defense served on 2/3/2012, answer due 2/24/2012. Service was made by mail. Document filed by The American Civil Liberties Union Foundation; American Civil Liberties Union. (Colangelo-Bryan, Joshua) (Entered: 02/09/2012) |
| 2012-02-09 | 8 | SUMMONS RETURNED EXECUTED. Service was made by mail. Document filed by The American Civil Liberties Union Foundation, American Civil Liberties Union. (Colangelo-Bryan, Joshua) (Entered: 02/09/2012) |
| 2012-02-09 | 9 | CERTIFICATE OF SERVICE of Summons Returned Executed served on United States Attorney for the Southern District of New York on 2/3/12. Service was made by Mail. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Colangelo-Bryan, Joshua) (Entered: 02/09/2012) |
| 2012-02-10 | 10 | SUMMONS RETURNED EXECUTED. Service was made by mail. Document filed by The American Civil Liberties Union Foundation, American Civil Liberties Union. (Colangelo-Bryan, Joshua) (Entered: 02/10/2012) |
| 2012-02-16 | | CASHIERS OFFICE REMARK on 13 Motion to Appear Pro Hac Vice, 11 Motion to Appear Pro Hac Vice, 12 Motion to Appear Pro Hac Vice in the amount of $600.00, paid on 02/08/2012, Receipt Number 1029168,1029169,1029170. (jd) (Entered: 02/16/2012) |
| 2012-02-17 | 14 | ORDER FOR ADMISSION PRO HAC VICE granting 13 Motion for Michael P. Weinbeck to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 2/17/2012) (tro) (Entered: 02/17/2012) |
| 2012-02-17 | 15 | ORDER FOR ADMISSION PRO HAC VICE granting 12 Motion for Colin Wicker to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 2/17/2012) (tro) (Entered: 02/17/2012) |
| 2012-02-17 | 16 | ORDER FOR ADMISSION PRO HAC VICE granting 11 Motion for Eric A.O. Ruzicka to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 2/17/2012) (tro) (Entered: 02/17/2012) |
| 2012-02-24 | | Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 2/24/2012. Decision: Initial conference held. A briefing schedule was entered. The Government must move before April 13, 2012; responses to its motion are due May 11, 2012, at which time the opponents are free to cross-move; and the Governments reply and, if appropriate, opposition to the cross-motion is due May 25, 2012. Cross-movants should not file a reply unless instructed to do so by the Court. (Submitted By Scott Danner). (mde) (Entered: 02/24/2012) |
| 2012-03-05 | 17 | ANSWER to 1 Complaint,. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice.(Normand, Sarah) (Entered: 03/05/2012) |
| 2012-04-04 | 18 | ENDORSED LETTER addressed to Judge Colleen McMahon from Eric A.O. Ruzicka dated 4/3/2012 re: I am writing pursuant to Rule IV.C of this Court's Individual Practices and Procedures to request a page-limit extension to the ACLU's briefing in this matter. The ACLU respectfully requests that the Court permit it to submit a brief not to exceed 40 pages. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 4/4/2012) (rjm) (Entered: 04/04/2012) |
| 2012-04-09 | 19 | ENDORSED LETTER addressed to Judge Colleen McMahon from Sarah S Normand dated 4/9/2012 re: Request for a ten day extension of time to file a motion for summary judgment and to file a consolidated brief of up to 40 pages in both cases. ENDORSEMENT: Ok, but dont ask for any more time. If government official can give speeches about this matter without creating security problem, any involved agency can. (Signed by Judge Colleen McMahon on 4/9/2012) (cd) (Entered: 04/09/2012) |
| 2012-04-20 | 20 | ENDORSED LETTER addressed to Judge Colleen McMahon from Eric A. O. Ruzicka dated 4/19/2012 re: Counsel requests a ten-day extension of Plaintiff ACLU's deadline to file its Response to the Government's Motion for Summary Judgment. ENDORSEMENT: Yes, everything moves back 10 days. (Signed by Judge Colleen McMahon on 4/19/2012) (djc) (Entered: 04/20/2012) |
| 2012-04-23 | 21 | ENDORSED LETTER addressed to Judge Colleen McMahon from Stuart Delery and Preet Bharara dated 4/23/2012 re: We write respectfully on behalf of the Department of Justice, the Department of Defense and the Central Intelligence Agency (collectively, the "Government") to seek a further extension, until May 21, 2012, of the Government's deadline to file its consolidated motion for summary judgment. ENDORSEMENT: I have read Director Clapper's declaration (which must remain under seal - believe me, I appreciate the irony) and I will grant the extension requested by the government. The time to file its motion is extended to May 21, 2012. (Motions due by 5/21/2012.) (Signed by Judge Colleen McMahon on 4/23/2012) (rjm) (Entered: 04/23/2012) |
| 2012-04-23 | 22 | ENDORSED LETTER addressed to Judge Colleen McMahon from Stuart Delery and Preet Bharara dated 4/23/12 re: Counsel for the defendant requests a further extension, until 5/21/12, of the Government's deadline to file his consolidated motion for summary judgment. ENDORSEMENT: I have read Director Clepper's declaration (which must remain under seal-believe me, I appreciate the irony) and I will grant the extension requested by the government. The time to file its motion is extended to May 21, 2012. ( Motions due by 5/21/2012.) (Signed by Judge Colleen McMahon on 4/23/2012) (mro) (Entered: 04/24/2012) |
| 2012-05-21 | | Minute Entry for proceedings held before Judge Colleen McMahon: Telephone Conference held on 5/21/2012. Decision: Phone conference held. Defendants must move on or before June 20, 2012. Plaintiffs have four weeks thereafter to file responses.(Submitted By Benjamin T. Alden). (mde) (Entered: 05/21/2012) |
| 2012-06-19 | 23 | ENDORSED LETTER addressed to Judge Colleen McMahon from Susan S. Normand dated 6/18/12 re: Counsel for the Government seeks leave to file a consolidated brief of up to fifty pages in both cases in support of the Government's motion for summary judgment. ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 6/19/2012) (mro) (Entered: 06/19/2012) |
| 2012-06-20 | 24 | MOTION for Summary Judgment. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice.(Normand, Sarah) (Entered: 06/20/2012) |
| 2012-06-20 | 25 | MEMORANDUM OF LAW in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 06/20/2012) |
| 2012-06-20 | 26 | DECLARATION of Sarah S. Normand in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (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)(Normand, Sarah) (Entered: 06/20/2012) |
| 2012-06-20 | 27 | DECLARATION of John F. Hackett in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 06/20/2012) |
| 2012-06-20 | 28 | DECLARATION of John Bennett in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Normand, Sarah) (Entered: 06/21/2012) |
| 2012-06-21 | 29 | DECLARATION of John E. Bies in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (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)(Normand, Sarah) (Entered: 06/21/2012) |
| 2012-06-21 | 30 | DECLARATION of Robert R. Neller in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (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)(Normand, Sarah) (Entered: 06/21/2012) |
| 2012-06-21 | 31 | DECLARATION of Douglas R. Hibbard in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Normand, Sarah) (Entered: 06/21/2012) |
| 2012-06-21 | 32 | NOTICE of Classified Filing re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 06/21/2012) |
| 2012-07-18 | 33 | ENDORSED LETTER addressed to Judge Colleen McMahon from Eric A. O. Ruzicka dated 7/17/2012 re: I am writing today to request that the page limit for the American Civil Liberties Union and American Civil Liberties Union Foundation's (collectively, the ACLU) memorandum of law in support of their motion for summary judgment and in opposition to the government's motion for summary judgment be increased by ten pages to a total of fifty pages.ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 7/18/2012) (ama) (Entered: 07/18/2012) |
| 2012-07-18 | 34 | MOTION for Summary Judgment [PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT] . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Wicker, Colin) (Entered: 07/18/2012) |
| 2012-07-18 | 35 | MEMORANDUM OF LAW in Support re: 34 MOTION for Summary Judgment [PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT] . [MEMORANDUM IN SUPPORT OF PLAINTIFFS THE AMERICAN CIVIL LIBERTIES UNION AND THE AMERICAN CIVIL LIBERTIES UNION FOUNDATION'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT] . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Wicker, Colin) (Entered: 07/18/2012) |
| 2012-07-18 | 36 | DECLARATION of COLIN WICKER in Support re: 34 MOTION for Summary Judgment [PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT] .. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit EXHIBITS 1-5, # 2 Exhibit EXHIBITS 6-10, # 3 Exhibit EXHIBITS 11-17, # 4 Exhibit EXHIBIT 18, # 5 Exhibit EXHIBITS 19 AND 20, EX 20, PART 1 OF 2, # 6 Exhibit EXHIBIT 20, PART 2 OF 2, # 7 Exhibit EXHIBIT 21-24)(Wicker, Colin) (Entered: 07/18/2012) |
| 2012-07-20 | 37 | ENDORSED LETTER addressed to Judge Colleen McMahon from Sarah S. Normand dated 7/20/2012 re: We write respectfully on behalf of defendants the Department of Justice and its component, the Office of Legal Counsel; the Department of Defense and its component, the United States Special Operations Command; and the Central Intelligence Agency (collectively, the "Government") in the above-named related cases brought pursuant to the Freedom of Information Act ("FOIA") to request that the Court set a deadline of August 8, 2012, for the filing of the Government's reply and opposition to plaintiffs' respective cross-motions in these cases. ENDORSEMENT: OK., ( Responses due by 8/8/2012., Replies due by 8/8/2012.) (Signed by Judge Colleen McMahon on 7/20/2012) (lmb) (Entered: 07/20/2012) |
| 2012-08-08 | 38 | REPLY MEMORANDUM OF LAW in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 08/08/2012) |
| 2012-08-08 | 39 | DECLARATION of Mark Herrington in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 08/08/2012) |
| 2012-08-08 | 40 | DECLARATION of Douglas Hibbard in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 08/08/2012) |
| 2012-08-09 | 41 | MEMORANDUM OF LAW in Opposition re: 34 MOTION for Summary Judgment [PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT] .. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 08/09/2012) |
| 2012-08-09 | 42 | DECLARATION of Mark Herrington in Opposition re: 34 MOTION for Summary Judgment [PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT] .. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 08/09/2012) |
| 2012-08-09 | 43 | DECLARATION of Douglas Hibbard in Opposition re: 34 MOTION for Summary Judgment [PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT] .. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 08/09/2012) |
| 2012-08-16 | 44 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael P. Weinbeck to Withdraw as Attorney APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL . Document filed by American Civil Liberties Union. (Attachments: # 1 Affidavit of Michael P. Weinbeck in Support of Application to Withdraw as Counsel, # 2 Affidavit of Service, # 3 proposed Order)(Weinbeck, Michael) Modified on 8/16/2012 (db). (Entered: 08/16/2012) |
| 2012-08-16 | | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael P Weinbeck to RE-FILE Document 44 MOTION for Michael P. Weinbeck to Withdraw as Attorney APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) (Entered: 08/16/2012) |
| 2012-08-16 | 45 | MOTION for Michael P. Weinbeck to Withdraw as Attorney APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL . Document filed by American Civil Liberties Union.(Weinbeck, Michael) (Entered: 08/16/2012) |
| 2012-08-16 | 46 | AFFIDAVIT of MICHAEL P. WEINBECK in Support re: 45 MOTION for Michael P. Weinbeck to Withdraw as Attorney APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL .. Document filed by American Civil Liberties Union. (Weinbeck, Michael) (Entered: 08/16/2012) |
| 2012-08-16 | 47 | AFFIDAVIT OF SERVICE of APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL served on Sarah S. Normand on 08/16/12. Service was accepted by BY ECF FILING SYSTEM. Document filed by American Civil Liberties Union. (Weinbeck, Michael) (Entered: 08/16/2012) |
| 2012-08-22 | 48 | ENDORSED LETTER addressed to Judge Colleen McMahon from Eric A. O. Ruzicka dated 8/13/2012 re: request leave to file a reply brief of no more than 10 pages by 8/24/2012 also ask that an oral argument be scheduled for this matter. ENDORSEMENT: Ok. (Replies due by 8/24/2012.) (Signed by Judge Colleen McMahon on 8/20/2012) (jar) (Entered: 08/22/2012) |
| 2012-08-24 | 49 | REPLY MEMORANDUM OF LAW in Support re: 34 MOTION for Summary Judgment [PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT] . [REPLY MEMORANDUM IN SUPPORT OF PLAINTIFFS AMERICAN CIVIL LIBERTIES UNION AND THE AMERICAN CIVIL LIBERTIES UNION FOUNDATION'S MOTION FOR PARTIAL SUMMARY JUDGMENT] . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Ruzicka, Eric) (Entered: 08/24/2012) |
| 2012-08-24 | 50 | AFFIDAVIT OF SERVICE of Reply Memorandum served on Sarah S. Normand on 08/24/2012. Service was accepted by by ECF filiing system. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Ruzicka, Eric) (Entered: 08/24/2012) |
| 2012-10-02 | 51 | ENDORSED LETTER addressed to Judge Colleen McMahon, from Sarah S. Normand, dated 10/1/2012, re: on behalf of defendants, request an unopposed extension of time, until October 10, 2012, for the parties to submit simultaneous supplemental letter briefs addressing the Second Circuit's recent decision in Brennan Center v. Department of Justice, No. 11-4599 (2d Cir. Sept. 20, 2012). ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 10/2/2012) (ja) (Entered: 10/02/2012) |
| 2012-10-04 | 52 | APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL: granting 45 Motion to Withdraw as Attorney. Attorney Michael P Weinbeck terminated.ENDORSEMENT: GRANTED. (Signed by Judge Colleen McMahon on 10/04/2012) (ama) (Entered: 10/04/2012) |
| 2012-10-05 | 53 | NOTICE OF APPEARANCE by Brett Max Kaufman on behalf of American Civil Liberties Union, The American Civil Liberties Union Foundation (Kaufman, Brett) (Entered: 10/05/2012) |
| 2012-10-10 | 54 | MOTION for Nathan Freed Wessler to Withdraw as Attorney. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Wessler, Nathan) (Entered: 10/10/2012) |
| 2013-01-02 | 55 | ORDER terminating 34 Motion for Summary Judgment; terminating 24 Motion for Summary Judgment. The Government's motion for summary judgment is granted except to the extent of permitting the DoD to submit a supplemental and more fulsome justification for why the deliberative process privilege applies to the two Unclassified Memos on its Vaughn Index. Plaintiffs' cross motions for summary judgment are denied except as to the open issue described above. This constitutes the decision and order of the Court. The Clerk of the Court is directed to remove the motions at Docket 11 Civ. 9336 # 10 and 19 and Docket 12 Civ. 794 # 24 and 34 from the Court's list of open motions.(Signed by Judge Colleen McMahon on 1/2/2013) (ago) (Additional attachment(s) added on 1/2/2013: # 1 Order) (mde). (Entered: 01/02/2013) |
| 2013-01-03 | 56 | CORRECTED OPINION GRANTING THE GOVERNMENT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS' CROSS MOTION FOR SUMMARY JUDGMENT: The Government's motion for summary judgment is granted except to the extent of permitting the DoD to submit a supplemental and more detailed justification for why the deliberative process privilege applies to the two Unclassified Memos on its Vaughn Index. Plaintiffs' cross motions for summary judgment are denied except as to the open issue described above. This constitutes the decision and order of the Court. The Clerk of the Court is directed to remove the motions at Docket 11 Civ. 9336 # 10 and 19 and Docket 12 Civ. 794 # 24 and 34 from the Court's list of open motions. (Signed by Judge Colleen McMahon on 1/3/2013) Copies Sent By ECF By Chambers. (cd) (Entered: 01/03/2013) |
| 2013-01-09 | 57 | MOTION OF NATHAN FREED WESSLER TO WITHDRAW AS COUNSEL granting 54 Motion to Withdraw as Attorney. Attorney Nathan Freed Wessler terminated. ENDORSEMENT: GRANTED Remove name from Docket. (Signed by Judge Colleen McMahon on 1/09/2013) (ama) Modified on 1/15/2013 (ama). Modified on 1/17/2013 (ama). (Entered: 01/10/2013) |
| 2013-01-17 | 58 | FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - DECLARATION of Brigadier General Richard C. Gross in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) Modified on 1/18/2013 (db). (Entered: 01/17/2013) |
| 2013-01-18 | | ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 58 HAS BEEN REJECTED. Note to Attorney Sarah Sheive Normand : 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: 01/18/2013) |
| 2013-01-18 | 59 | DECLARATION of Brigadier General Richard C. Gross in Support re: 24 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 01/18/2013) |
| 2013-01-18 | 62 | ORDER: The Government has until 6 PM on February 1, 2013 to submit supplemental declarations justifying the applicability of the deliberative process privilege to the two Unclassified Memos on the Department of Defense's Vaughn Index. (Signed by Judge Colleen McMahon on 1/18/2013) Copies Sent By ECF TO ALL COUNSEL (pl) (Entered: 01/30/2013) |
| 2013-01-22 | 60 | DECISION AND ORDER: Accordingly, the Government's motion for summary judgment with respect to the Unclassified Memos is granted and Plaintiffs' cross motions for summary judgment are denied. The Clerk of the Court is directed to enter judgment for the Government and to close both cases. This constitutes the decision and order of the Court. (Signed by Judge Colleen McMahon on 1/22/2013) (djc) (Entered: 01/22/2013) |
| 2013-01-24 | 61 | CLERK'S JUDGMENT That for the reasons stated in the Court's Decision and Order dated January 22, 2013, the Governments motion for summary judgment with respect to the Unclassified Memos is granted and Plaintiffs cross motions for summary judgment are denied; accordingly, both of the cases are closed. original Document # 35 filed in 11 Civ. 9336. (Signed by Clerk of Court Ruby Krajick on 1/24/13) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 01/24/2013) |
| 2013-02-01 | 63 | FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. Filing fee $ 455.00, receipt number 0208-8197154. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Ruzicka, Eric) Modified on 2/1/2013 (nd). (Entered: 02/01/2013) |
| 2013-02-01 | | ***NOTE TO ATTORNEY REGARDING DEFICIENT APPEAL. Note to Attorney Eric Ruzicka to RE-FILE Document No. 63 Notice of Appeal,. The filing is deficient for the following reason: the Order being appealed was NOT selected. Re-file the document as a Corrected Notice of Appeal event and select the correct Order being appealed. (nd) (Entered: 02/01/2013) |
| 2013-02-01 | 64 | CORRECTED NOTICE OF APPEAL re: 63 Notice of Appeal, 61 Clerk's Judgment,. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Ruzicka, Eric) (Entered: 02/01/2013) |
| 2013-02-01 | | Appeal Fee Paid electronically via Pay.gov: for 64 Corrected Notice of Appeal. Filing fee $ 455.00. Pay.gov receipt number r 0208-8197154, paid on 2/1/2013. (nd) (Entered: 02/01/2013) |
| 2013-02-01 | | Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 64 Corrected Notice of Appeal. (nd) (Entered: 02/01/2013) |
| 2013-02-01 | | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 40 Declaration in Support of Motion filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 33 Endorsed Letter, Set Deadlines/Hearings,,,, 29 Declaration in Support of Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 13 MOTION for Michael P. Weinbeck to Appear Pro Hac Vice. filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 7 Summons Returned Executed filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 48 Endorsed Letter, Set Deadlines/Hearings,, 16 Order on Motion to Appear Pro Hac Vice, 22 Endorsed Letter, Set Deadlines,,,, 17 Answer to Complaint filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 62 Order, 31 Declaration in Support of Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 5 Summons Returned Executed filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 45 MOTION for Michael P. Weinbeck to Withdraw as Attorney APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL . filed by American Civil Liberties Union, 60 Order, 51 Endorsed Letter, 18 Endorsed Letter, 43 Declaration in Opposition to Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 14 Order on Motion to Appear Pro Hac Vice, 55 Order on Motion for Summary Judgment,,,,,,, 2 Notice of Case Assignment/Reassignment, 58 Declaration in Support of Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 19 Endorsed Letter, 6 Summons Returned Executed filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 25 Memorandum of Law in Support of Motion filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 64 Corrected Notice of Appeal filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 15 Order on Motion to Appear Pro Hac Vice, 35 Memorandum of Law in Support of Motion, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 10 Summons Returned Executed filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 34 MOTION for Summary Judgment [PLAINTIFFS' NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT] . filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 3 Order for Initial Pretrial Conference, 63 Notice of Appeal, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 61 Clerk's Judgment, 28 Declaration in Support of Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 24 MOTION for Summary Judgment. filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 42 Declaration in Opposition to Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 26 Declaration in Support of Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 44 MOTION for Michael P. Weinbeck to Withdraw as Attorney APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL . filed by American Civil Liberties Union, 30 Declaration in Support of Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 57 Order on Motion to Withdraw as Attorney, 27 Declaration in Support of Motion filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 20 Endorsed Letter, 47 Affidavit of Service Other filed by American Civil Liberties Union, 54 MOTION for Nathan Freed Wessler to Withdraw as Attorney. filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 50 Affidavit of Service Other filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 23 Endorsed Letter, 32 Notice (Other) filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 8 Summons Returned Executed filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 38 Reply Memorandum of Law in Support of Motion filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 49 Reply Memorandum of Law in Support of Motion, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 1 Complaint, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 9 Certificate of Service Other, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 4 Notice of Appearance filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 41 Memorandum of Law in Opposition to Motion, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 21 Endorsed Letter, Set Deadlines,,,, 46 Affidavit in Support of Motion filed by American Civil Liberties Union, 39 Declaration in Support of Motion filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 53 Notice of Appearance filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 37 Endorsed Letter, Set Deadlines,,,,,, 36 Declaration in Support of Motion,, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 59 Declaration in Support of Motion filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency, 11 MOTION for Eric A.O. Ruzicka to Appear Pro Hac Vice. filed by The American Civil Liberties Union Foundation, 12 MOTION for Colin Wicker to Appear Pro Hac Vice. filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 52 Order on Motion to Withdraw as Attorney, 56 Memorandum & Opinion,,, were transmitted to the U.S. Court of Appeals. (nd) (Entered: 02/01/2013) |
| 2014-04-21 | 65 | OPINION of USCA as to 64 Corrected Notice of Appeal filed by American Civil Liberties Union, The American Civil Liberties Union Foundation USCA Case Number 13-445(con). Appeal from the January 24, 2013, judgment of the United States District Court for the Southern District of New York (Colleen McMahon, District Judge), dismissing, on motion for summary judgment, a suit under the Freedom of Information Act seeking documents relating to targeted killings of United States citizens carried out by drone aircraft. We conclude that (1) a redacted version of the OLC-DOD Memorandum must be disclosed, (2) a redacted version of the classified Vaughn index (described below) submitted by OLC must be disclosed, (3) [redacted], (4) the Glomar and "no number, no list" responses are insufficiently justified, (5) DOD and CIA must submit Vaughn indices to the District Court for in camera inspection and determination of appropriate disclosure and appropriate redaction, and (6) the OIP search was sufficient. We therefore affirm in part, reverse in part, and remand. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 04/21/2014. (nd) (Entered: 04/21/2014) |
| 2014-06-26 | 66 | [PARTIAL] MANDATE of USCA (Certified Copy) as to 64 Corrected Notice of Appeal filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. USCA Case Number 13-445(con). The appeal in the above captioned case from a judgment of the United States District Court for the Southern District of New York was argued on the district court record and the parties' briefs. Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that a partial judgment is entered and the matter is REMANDED as directed in the Court's order of June 26, 2014, and consistent with paragraph (3) of the "Conclusion" section of the Court's June 23, 2014, revised opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/26/2014. (nd) (Additional attachment(s) added on 6/27/2014: # 1 Revised Opinion, # 2 Opinion of rehearing) (nd). (Entered: 06/27/2014) |
| 2014-06-30 | 67 | ORDER: This court has received a partial mandate from the United States Court of Appeals for the Second Circuit, directing that, at this time: (3) other legal memoranda prepared by OLC and at issue here must be submitted to the District Court for in camera inspection and determination of waiver of privileges and appropriate redaction; New York Times Co. v. US. Dep't of Justice, 13-422 L, 2014 WL 2838861 (2d Cir. June 23, 2014) (Mandate issued on June 26, 2014). Accordingly, the Government is directed to comply with Paragraph 3 of the conclusion of the Second Circuit's amended opinion of June 23, 2014, by providing this court with the following requests as set forth herein this Order. The Government has 21 days to comply. SO ORDERED. (Signed by Judge Colleen McMahon on 6/30/2014) (ja) (Entered: 06/30/2014) |
| 2014-07-07 | 68 | FIRST LETTER MOTION for Extension of Time to File Motion in Response to 6/30/14 Order addressed to Judge Colleen McMahon from AUSA Sarah S. Normand dated 07/07/14. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice.(Normand, Sarah) (Entered: 07/07/2014) |
| 2014-07-08 | 69 | LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from Jameel Jaffer dated 07/08/2014 re: 68 FIRST LETTER MOTION for Extension of Time to File Motion in Response to 6/30/14 Order addressed to Judge Colleen McMahon from AUSA Sarah S. Normand dated 07/07/14. . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Jaffer, Jameel) (Entered: 07/08/2014) |
| 2014-07-08 | 70 | LETTER REPLY to Response to Motion addressed to Judge Colleen McMahon from AUSA Sarah S. Normand dated 07/08/14 re: 68 FIRST LETTER MOTION for Extension of Time to File Motion in Response to 6/30/14 Order addressed to Judge Colleen McMahon from AUSA Sarah S. Normand dated 07/07/14. . Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 07/08/2014) |
| 2014-07-09 | 71 | ORDER denying 68 Letter Motion for Extension of Time to File: This court has already settled on a procedure for conducting the in camera review necessitated by the mandate; the June 30 order explains that procedure to the parties. That process gives the Government an opportunity to explain, under seal and in camera, why it has not waived potentially applicable privileges with respect to all or any portion of the documents that the court is required to review. It also permits the Government to suggest other redactions that may be necessary before the opinions can be produced to plaintiffs. I expect the Government to comply with the procedure set by the Court. The parties have apparently agreed to a short postponement of the date by which the Government must produce the documents contemplated by the mandate. I am agreeable to their chosen date, which is August 15, 2014. (Signed by Judge Colleen McMahon on 7/9/2014) (tn) (Entered: 07/09/2014) |
| 2014-08-15 | 72 | NOTICE of Lodging of Classified Documents. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 08/15/2014) |
| 2014-08-18 | 73 | MANDATE of USCA (Certified Copy) as to 64 Corrected Notice of Appeal filed by American Civil Liberties Union, The American Civil Liberties Union Foundation USCA Case Number 13-445(con). Ordered, Adjudged and Decreed that the final judgment is entered and the matter is REMANDED as directed in the Court's opinion of July 10, 2014. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/18/2014. (Attachments: # 1 Opinion of rehearing motion)(nd) (Entered: 08/18/2014) |
| 2014-08-18 | | Transmission of USCA Mandate to the District Judge re: 73 USCA Mandate,. (nd) (Entered: 08/18/2014) |
| 2014-09-05 | 74 | MOTION for Brett Max Kaufman to Withdraw as Attorney . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Kaufman, Brett) (Entered: 09/05/2014) |
| 2014-09-05 | 75 | ENDORSED LETTER addressed to All Counsel in New York Times v. Department of Justice and ACLU v. Department of Justice from Judge McMahon dated 9/5/2014 re: Scheduling. ENDORSEMENT: I have begun work on carrying out the first mandate received from the Court of Appeals, relating to Item (3) of that court's Conclusion. I hope to have a decision well before the end of the month. Meanwhile, I have received a second mandate, this one relating to Item (5) of the Court's conclusion, which directs the production of Vaughn indices by the Department of Defense and the Central Intelligence Agency for in camera inspection. I expect to receive said Vaughn indices by September 25, 2014, together with any affidavits or briefs the agencies wish to file concerning the protectability or disclosability of particular listings on these indices. Finally, to the extent that the plaintiffs seek the production of any documents on the OLC Vaughn Index that was ordered to be disclosed in redacted form (See Item (2) of the Second Circuit's Conclusion), they must file a request for production, specifying the identifying number of each item they wish disclosed, by September 19, 2014. The Government may have until October 3, 2014 to provide the court with affidavits and briefs explaining the following herein. (Signed by Judge Colleen McMahon on 9/5/2014) (kgo) Modified on 9/5/2014 (kgo). (Entered: 09/05/2014) |
| 2014-09-19 | 76 | LETTER addressed to Judge Colleen McMahon from Plaintiff ACLU dated 09/19/2014 re: Plaintiffs' Request for Production and Parties' Proposed Briefing Schedule. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Shamsi, Hina) (Entered: 09/19/2014) |
| 2014-09-22 | 77 | MEMO ENDORSEMENT granting 74 Motion to Withdraw as Attorney. ENDORSEMENT: granted (***Attorney Brett Max Kaufman terminated.) (Signed by Judge Colleen McMahon on 9/22/2014) (kgo) (Entered: 09/22/2014) |
| 2014-09-22 | 78 | MEMO ENDORSEMENT on re: 76 Letter, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. ENDORSEMENT: 1. The schedule are acceptable 2. You will have my decision, referenced on page 2 of this letter, this week (at least, the government will have it) - no issues will remain unreached. 3 The government should prepare for me a modified OCC Vaughn index, eliminating all documents not sought by the ACLU (including draft memorandum) and the documents listed in the carryover paragraph. (Signed by Judge Colleen McMahon on 9/22/2014) (kgo) (Entered: 09/22/2014) |
| 2014-09-22 | | Set/Reset Deadlines: Cross Motions due by 12/3/2014. Motions due by 11/14/2014. Responses due by 12/19/2014. Replies due by 1/9/2015. (kgo) (Entered: 09/22/2014) |
| 2014-10-03 | 79 | MOTION for Summary Judgment as to Remaining OLC Documents . Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. Responses due by 10/31/2014(Normand, Sarah) (Entered: 10/03/2014) |
| 2014-10-03 | 80 | MEMORANDUM OF LAW in Support re: 79 MOTION for Summary Judgment as to Remaining OLC Documents . . Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 10/03/2014) |
| 2014-10-03 | 81 | DECLARATION of John E. Bies in Support re: 79 MOTION for Summary Judgment as to Remaining OLC Documents .. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Attachments: # 1 Bies Declaration Part 2, # 2 Exhibit A (Part 1), # 3 Exhibit A (Part 2), # 4 Exhibit A (Part 3))(Normand, Sarah) (Entered: 10/03/2014) |
| 2014-10-03 | 82 | DECLARATION of Martha M. Lutz in Support re: 79 MOTION for Summary Judgment as to Remaining OLC Documents .. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 10/03/2014) |
| 2014-10-03 | 83 | DECLARATION of Rear Admiral Sinclair M. Harris in Support re: 79 MOTION for Summary Judgment as to Remaining OLC Documents .. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 10/03/2014) |
| 2014-10-03 | 84 | NOTICE of Notice of Lodging of Classified Documents re: 79 MOTION for Summary Judgment as to Remaining OLC Documents .. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 10/03/2014) |
| 2014-10-20 | 85 | LETTER addressed to Judge Colleen McMahon from Eric A. O. Ruzicka dated October 20, 2014 re: Parties' Proposed Briefing Schedule. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Ruzicka, Eric) (Entered: 10/20/2014) |
| 2014-10-21 | 86 | MEMO ENDORSEMENT on re: 85 Letter filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. ENDORSEMENT: OK - but I anticipate that the release of the opinion's unclassified portions may not be particularly helpful to you, but I am OK with the extension. It is difficult to make rulings about the in camera review of classified documents in an unclassified manner.... (Signed by Judge Colleen McMahon on 10/21/2014) (kgo) (Entered: 10/22/2014) |
| 2014-10-24 | 87 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael Weinbeck to Appear Pro Hac Vice . Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Weinbeck, Michael) Modified on 10/24/2014 (bcu). (Entered: 10/24/2014) |
| 2014-10-24 | | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 87 MOTION for Michael Weinbeck to Appear Pro Hac Vice . Filing fee $ 200.00. Motion and supporting papers to be reviewed by Clerk's Office staff. . The filing is deficient for the following reason(s): Missing Certificate of Good Standing.Missing Proposed Order. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days and attach a Proposed Order. (bcu) (Entered: 10/24/2014) |
| 2014-10-24 | 88 | MOTION for Michael Weinbeck to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Attachments: # 1 Affidavit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Weinbeck, Michael) (Entered: 10/24/2014) |
| 2014-10-24 | | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 88 MOTION for Michael Weinbeck to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 10/24/2014) |
| 2014-10-31 | 89 | ORDER DIRECTING RELEASE OF UNREDACTED VERSION OF REMAND OPINION #1 (RELATING TO ITEM 3): I have received and reviewed the October 17, 2014 ex parte submission from the Department of Justice following its classification review of the court's first decision on remand from the United State Court of Appeals for the Second Circuit. The decision was submitted to the Government on September 30, 2014. I disagree with the Government's redaction of the bulk of the first full paragraph and the second and third paragraphs on page 9, which as drafted by this court contain not a whit of classified material (the Government does not suggest otherwise), and which I do not believe would tend to reveal any classified information. In order to preserve that issuefor appellate review, I will release on the public docket the opinion with all the Government's proposed redactions today, along with this cover note indicating my conclusion about this material. Should the Second Circuit agree with the Government that the material was properly redacted, nothing will be lost; should it agree with my view that nothing the Government has redacted on page 9 should be redacted, it will so indicate. The full opinion will remain under seal. Looking to the future: I have before me the ACLU's letter of September 19, 2014, in which it indicates what additional documents from the OLC Vaughn Index it wishes disclosed, as well as the Government's sealed, ex parte response to that request and its motion for summary judgment with respect to the OLC documents. (Item 2 on Remand; Court's Order of September 5, 2014, Docket# 75; Motion for Summary Judgment dated October 3, 2014, Docket #79). Consistent with the parties' briefing schedule, I hope to have that decision out before Christmas. Finally, I will not be able to address Remand, Item 5, the Vaughn Indices from the Department of Defense and the CIA, until early next year, as briefing will not be complete until January 9. I had hoped to get all of this work done this year, as I have a heavy trial calendar for the first half of 2015. I will, therefore, not grant any extensions of the already generous briefing schedule with respect to these long-overdue Vaughn Indices. (Signed by Judge Colleen McMahon on 10/31/2014) (kgo) (Entered: 10/31/2014) |
| 2014-10-31 | 90 | DECISION ON REMAND WITH RESPECT TO ISSUE (3)(REDACTED): (U) This constitutes the decision and order of the court. Before releasing this decision to plaintiffs and to the public, I am providing a copy to the Government, to check classification status (which we have tried our best to get right on a paragraph by paragraph basis) and to propose redactions. (U) To the extent it should be necessary, the court certifies that an immediate entry of partial judgment as to this aspect of the case would be appropriate, pursuant to Fed. R. Civ. P.54(b), because (1) this order finally disposes of a discrete and severable issue in this action, to wit the disclosability of one specific type of legal document (legal opinions from the OLC) sought from one party defendant (the Department of Justice); and (2) there is no just reason for delay. These FOIA requests were made nearly three years ago, and it is in the public interest that any disclosable documents become public as without further delay. Also, there are many open issues in this case, which are completely severable from Remand Issue 3; and (if the parties' briefing schedule is any indication) it will take many months to resolve those issues. (U) The mandate directs that any appeal from this order and the partial judgment to be entered thereon be referred to a panel consisting of Judges Newman, Cabranes, and Pooler. (Signed by Judge Colleen McMahon on 9/30/2014) (kgo) (Entered: 10/31/2014) |
| 2014-11-07 | 91 | MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Wicker, Colin) (Entered: 11/07/2014) |
| 2014-11-07 | 92 | MEMORANDUM OF LAW in Support re: 91 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment . Memorandum in Support of Plaintiffs' Motion for Partial Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Wicker, Colin) (Entered: 11/07/2014) |
| 2014-11-07 | 93 | DECLARATION of Colin Wicker in Support re: 91 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment .. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1-A, # 2 Exhibit 1-B, # 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-A, # 12 Exhibit 10-B, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14)(Wicker, Colin) (Entered: 11/07/2014) |
| 2014-11-12 | 94 | ORDER FOR ADMISSION PRO HAC VICE granting 88 Motion for Michael Weinbeck to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 11/12/2014) (kgo) (Entered: 11/12/2014) |
| 2014-11-13 | 95 | MOTION for Reconsideration Plaintiffs' Notice of Motion for Reconsideration . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Weinbeck, Michael) (Entered: 11/13/2014) |
| 2014-11-13 | 96 | MEMORANDUM OF LAW in Support re: 95 MOTION for Reconsideration Plaintiffs' Notice of Motion for Reconsideration . . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Weinbeck, Michael) (Entered: 11/13/2014) |
| 2014-11-14 | 97 | ORDER DIRECTING LIMITED GOVERNMENT RESPONSE TO PLAINTIFFS' MOTION FOR RECONSIDERATION AND OTHERWISE DENYING THE MOTION: The ACLU has moved for reconsideration of the court's September 30 order (released in redacted form on October 31). The ACLU asks the court to reconsider the September 30 ruling "insofar as that ruling was predicated on a determination that the ACLU had waived its right to seek release of information relating to the factual basis for the government's targeting of Anwa-al-Aulaqi (the"Factual Basis Information"); that the government's withholding of the Factual Basis Information was lawful; or that the Second Circuit resolved the question of whether the withholding of the Factual-Basis Information was lawful." (Brief in Support of Motion for Reconsideration at pp. 1-2). I am directing that the Government respond to the motion by next Friday, November 21. After reviewing the September 30 opinion, in its classified and unredacted form (to which, of course, plaintiffs are not privy), I direct that the Government limit its response to addressing the ACLU's argument in the context of Bies Ex. B, the unredacted version of Bies Exhibit K, which the court ordered disclosed in the September 30 decision. There is no need to address any other document; the ACLU's motion is summarily and sua sponte denied as to all other documents. As is customary with this court on motions for reconsideration, no reply will be accepted. Once I receive the Government's response, you will have an immediate decision. (Responses due by 11/21/2014.) (Signed by Judge Colleen McMahon on 11/14/2014) (kgo) (Entered: 11/14/2014) |
| 2014-11-14 | 98 | MOTION for Summary Judgment . Document filed by Central Intelligence Agency, U.S. Department of Defense. Responses due by 12/3/2014(Normand, Sarah) (Entered: 11/14/2014) |
| 2014-11-14 | 99 | MEMORANDUM OF LAW in Support re: 98 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency, U.S. Department of Defense. (Normand, Sarah) (Entered: 11/14/2014) |
| 2014-11-14 | 100 | DECLARATION of Martha M. Lutz in Support re: 98 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, U.S. Department of Defense. (Attachments: # 1 Part 2 of Declaration, # 2 Exhibit A)(Normand, Sarah) (Entered: 11/14/2014) |
| 2014-11-14 | 101 | DECLARATION of Rear Admiral Sinclair M. Harris in Support re: 98 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, U.S. Department of Defense. (Attachments: # 1 Exhibit A)(Normand, Sarah) (Entered: 11/14/2014) |
| 2014-11-14 | 102 | DECLARATION of John E. Bies in Support re: 98 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, U.S. Department of Defense. (Normand, Sarah) (Entered: 11/14/2014) |
| 2014-11-14 | 103 | NOTICE of Lodging of Classified Documents re: 98 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, U.S. Department of Defense. (Normand, Sarah) (Entered: 11/14/2014) |
| 2014-11-21 | 104 | MEMORANDUM OF LAW in Opposition re: 95 MOTION for Reconsideration Plaintiffs' Notice of Motion for Reconsideration . . Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 11/21/2014) |
| 2014-11-28 | 105 | REPLY MEMORANDUM OF LAW in Support re: 79 MOTION for Summary Judgment as to Remaining OLC Documents . . Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 11/28/2014) |
| 2014-12-03 | 106 | MOTION for Summary Judgment and in Opposition to the Motion for Summary Judgment Submitted by the CIA and DOD . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Weinbeck, Michael) (Entered: 12/03/2014) |
| 2014-12-03 | 107 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment and in Opposition to the Motion for Summary Judgment Submitted by the CIA and DOD . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Weinbeck, Michael) Modified on 12/4/2014 (db). (Entered: 12/03/2014) |
| 2014-12-03 | 108 | FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael Weinbeck in Support re: 107 MOTION for Summary Judgment and in Opposition to the Motion for Summary Judgment Submitted by the CIA and DOD .. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1)(Weinbeck, Michael) Modified on 12/4/2014 (db). (Entered: 12/03/2014) |
| 2014-12-04 | | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Michael P Weinbeck to RE-FILE Document 107 MOTION for Summary Judgment and in Opposition to the Motion for Summary Judgment Submitted by the CIA and DOD . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents, then link to 106 Motion. (db) (Entered: 12/04/2014) |
| 2014-12-04 | | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael P Weinbeck to RE-FILE Document 108 Declaration in Support of Motion. ERROR(S): Document linked to filing error. Refile and link to 106 Motion. (db) (Entered: 12/04/2014) |
| 2014-12-04 | 109 | MEMORANDUM OF LAW in Support re: 106 MOTION for Summary Judgment and in Opposition to the Motion for Summary Judgment Submitted by the CIA and DOD . . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Weinbeck, Michael) (Entered: 12/04/2014) |
| 2014-12-04 | 110 | DECLARATION of Michael Weinbeck in Support re: 106 MOTION for Summary Judgment and in Opposition to the Motion for Summary Judgment Submitted by the CIA and DOD .. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1)(Weinbeck, Michael) (Entered: 12/04/2014) |
| 2014-12-09 | 111 | ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION denying 95 Motion for Reconsideration. For substantially the reasons set forth in the Government's Memorandum of Law in Opposition to the ACLU's Motion for Reconsideration of Court's Decision on Remand (Docket #104), the motion for reconsideration is denied insofar as it addresses Bies Ex. B/K. The motion has already been denied insofar as it relates to the other documents reviewed by the court this go-around. The only thing I really need to note before this aspect of the case is handed off to the Second Circuit is that I read the Second Circuit's decision in the same way the Government does - that is, the Court of Appeals has concluded that the Government has waive FOIA exemptions only to the extent of legal analysis. If I misunderstand the Court of Appeals, am sure the panel will correct me. The Clerk of Court should remove the motion at Docket # 95 from the court's list of open motions. (Signed by Judge Colleen McMahon on 12/9/2014) (kgo) Modified on 12/9/2014 (kgo). (Entered: 12/09/2014) |
| 2014-12-19 | 112 | REPLY MEMORANDUM OF LAW in Support re: 91 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment . and in Opposition to Defendants' Motion for Summary Judgment . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Weinbeck, Michael) (Entered: 12/19/2014) |
| 2014-12-19 | 113 | REPLY MEMORANDUM OF LAW in Support re: 98 MOTION for Summary Judgment . and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment . Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 12/19/2014) |
| 2014-12-24 | 114 | NOTICE OF INTERLOCUTORY APPEAL from 90 Order,,,,,. Document filed by American Civil Liberties Union. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Jaffer, Jameel) (Entered: 12/24/2014) |
| 2014-12-24 | | Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 114 Notice of Interlocutory Appeal. (nd) (Entered: 12/24/2014) |
| 2014-12-24 | | Appeal Fee Due: for 114 Notice of Interlocutory Appeal. $505.00 Appeal fee due by 1/7/2015. (nd) (Entered: 12/24/2014) |
| 2014-12-24 | | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 114 Notice of Interlocutory Appeal filed by American Civil Liberties Union were transmitted to the U.S. Court of Appeals. (nd) (Entered: 12/24/2014) |
| 2014-12-30 | | Appeal Fee Payment: for 114 Notice of Interlocutory Appeal. Filing fee $ 505.00, receipt number 0208-10450157. (Jaffer, Jameel) (Entered: 12/30/2014) |
| 2015-01-08 | 115 | ORDER REQUIRING REVISED SUBMISSIONS: The in camera submission received from the CIA and the Department of Defense on November 14, 2014, is not readily reviewable (notwithstanding the representation that it was formatted "for the convenience of the court"). It must, therefore, be redone, and promptly. I understand that the Index I am requesting may be somewhat repetitive, and will likely be considerably longer than what the Government has heretofore provided. However, it will be easy for the court to follow, and will, therefore, serve the "convenience of the court." The CIA and the Defense Department have until January 20 to get me a document for review that conforms to the parameters I have set. For future reference, OLC and any other agency should follow the same format. (Signed by Judge Colleen McMahon on 1/7/2015) (kgo) (Entered: 01/08/2015) |
| 2015-01-09 | 116 | REPLY MEMORANDUM OF LAW in Support re: 106 MOTION for Summary Judgment and in Opposition to the Motion for Summary Judgment Submitted by the CIA and DOD . . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Weinbeck, Michael) (Entered: 01/09/2015) |
| 2015-01-20 | 117 | NOTICE of Lodging of Classified Document re: 98 MOTION for Summary Judgment ., 115 Order,,,. Document filed by Central Intelligence Agency, U.S. Department of Defense. (Normand, Sarah) (Entered: 01/20/2015) |
| 2015-03-23 | 118 | ORDER REGARDING EX PARTE PROCEEDINGS: IT IS HEREBY ORDERED that the Clerk of Court note the following proceedings on the public docket of this case: On January 7, 2015, the Court issued an Order Requiring Revised Submissions, see Dkt. No. 115, directing the defendants to provide a revised classified submission with regard to the documents withheld by the Central Intelligence Agency ("CIA") and Department of Defense ("DOD") (the "January 7 Order Requiring Revised Submission"); On January 20, 2015, the government lodged with the Classified Information Security Officer, for secure transmission to the Court, a classified response to the January 7 Order Requiring Revised Submission; On January 29, 2015, the Court issued a classified ex parte Order directing the defendants to provide certain information to the Court (the "January 29 Ex Parte Order"); On February 24, 2015, the Court directed the government to provide a revised classified submission with regard to the remaining documents withheld by the Office of Legal Counsel (the "February 24 Order Requiring Revised Submission"); and On March 3, 2015, the government lodged with the Classified Information Security Officer, for secure transmission to the Court, a classified response to the January 29 Ex Parte Order. SO ORDERED. (Signed by Judge Colleen McMahon on 3/23/2015) (ajs) (Entered: 03/23/2015) |
| 2015-04-21 | 119 | NOTICE OF APPEARANCE by Matthew Douglas Spurlock on behalf of American Civil Liberties Union, The American Civil Liberties Union Foundation. (Spurlock, Matthew) (Entered: 04/21/2015) |
| 2015-05-08 | 120 | MOTION for Michael P. Weinbeck to Withdraw as Attorney APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Weinbeck, Michael) (Entered: 05/08/2015) |
| 2015-05-08 | 121 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Michael P. Weinbeck to Withdraw as Attorney AFFIDAVIT OF MICHAEL P. WEINBECK IN SUPPORT OF APPLICATION TO WITHDRAW AS COUNSEL . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Weinbeck, Michael) Modified on 5/12/2015 (db). (Entered: 05/08/2015) |
| 2015-05-12 | | ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael P Weinbeck to RE-FILE Document 121 MOTION for Michael P. Weinbeck to Withdraw as Attorney AFFIDAVIT OF MICHAEL P. WEINBECK IN SUPPORT OF APPLICATION TO WITHDRAW AS COUNSEL . Use the event type Affidavit in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db) (Entered: 05/12/2015) |
| 2015-05-12 | 122 | AFFIDAVIT of Michael P. Weinbeck in Support re: 120 MOTION for Michael P. Weinbeck to Withdraw as Attorney APPLICATION OF MICHAEL P. WEINBECK TO WITHDRAW AS COUNSEL .. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. (Weinbeck, Michael) (Entered: 05/12/2015) |
| 2015-05-13 | 123 | ORDER OF NOTIFICATION: The court intends to issue a supplemental opinion after reviewing the items produced in response to (1) and (2), at which time the court will also enter a Final Order and Judgment that disposes of the entire case. I am doing this to avoid further piecemeal appeals. I specifically direct the Agencies to gather or create and produce the requested materials immediately, even though it will probably be several weeks until the May 13 opinion can be filed in full under seal and made publicly available in redacted form. Additional delay is in no one's interest. The Clerk of the Court is directed to remove the motions at Docket #79, 91, 98 and 106 from the Court's list of open motions. (Signed by Judge Colleen McMahon on 5/13/2015) (kgo) (Entered: 05/13/2015) |
| 2015-06-23 | 137 | INTERNET CITATION NOTE: Material from decision with Internet citation re: 128 Order. (Attachments: # 1 1, # 2 2, # 3 3, # 4 4) (rj) (Entered: 12/29/2015) |
| 2015-06-24 | 124 | NOTICE TO THE PARTIES: In the draft decision dated May 13, 2015 that was provided to the Government for security clearance review, the court identified a number of documents that OLC, CIA and DOD were required to produce for in camera review. The agencies did provide those documents to the court, and they have been reviewed. While it was originally my intention to draft a separate opinion containing those rulings, it quickly became clear that it would be much easier to insert those rulings into the May 13 draft decision, and I did so. The original rulings (the ones requiring the in camera production of the documents) remain in the text, followed by a "Ruling After In Camera Review." The court is today providing the Government with a revised decision for security review; I assume that can happen in a matter of days, since the Government has been working off the old draft for more than a month. I would like to sign off on a final version with all security notations before the end of this month. (Signed by Judge Colleen McMahon on 6/23/2015) (kgo) (Entered: 06/24/2015) |
| 2015-06-29 | 125 | NOTICE of Lodging of Classified Documents re: 124 Order,,,, 123 Order,,,. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Normand, Sarah) (Entered: 06/29/2015) |
| 2015-07-01 | 126 | LETTER MOTION for Extension of Time to Complete Classification Review of June 23, 2015 Decision addressed to Judge Colleen McMahon from Sarah S. Normand dated 07/01/2015. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice.(Normand, Sarah) (Entered: 07/01/2015) |
| 2015-07-06 | 127 | ORDER granting 126 Letter Motion for Extension of Time. OK. (Signed by Judge Colleen McMahon on 7/6/2015) (kgo) (Entered: 07/06/2015) |
| 2015-07-16 | 128 | MEMORANDUM DECISION AND ORDER RULING ON THE MOTIONS FOR SUMMARY JUDGMENT BY THE CENTRAL INTELLIGENCE AGENCY, THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF JUSTICE OFFICE OF LEGAL COUNSEL: To summarize the court's rulings: FOIA exemptions have been waived as to the following "officially acknowledged material" herein. The agencies have 45 days from the date on which this opinion is submitted for classification review (May 13, 2015) to submit to the court, on a document-by-document basis, (1) a certification that the document does not contain any "officially acknowledged material", or (2) a certification that the document contains "officially acknowledged material", OLC, CIA, and DOD have thirty days from May 13, 2015 to produce for in camera review the following documents herein. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 6/23/2015) (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order, # 3 Text of Proposed Order)(kgo) (Entered: 07/16/2015) |
| 2015-07-16 | 129 | ORDER WITH RESPECT TO THE GOVERNMENT'S SUBMISSION OF JULY 1, 2015: Notwithstanding my disinclination to second-guess myself, I did re-review a document already reviewed in camera. After reading the OLC affidavit and the Response to Order dated June 23, 2015, I retrieved and reviewed Documents 144 and 145. The document referred to in the Fifth Classified Bies Declaration at the bottom of page 17 is, according to my records, Document 145, not Document 144 (as stated in the Bies Declaration). After a second in camera review, I revise my earlier ruling by directing the redaction of two sentences from the first bullet point prior to disclosure. Accordingly, I will revise the June 23 opinion (when I receive a copy with full security legending from the Government) before its final release, so that its states, at page 66, that the first sentence, the fourth sentence and the last sentence in the bullet point should be redacted, and the rest of the bullet point disclosed. As far as this court is concerned, this completes the record with respect to the documents listed on the Vaughn Indices that were provided to this court following remand from the United States Court of Appeals for the Second Circuit. The case can go up on appeal and after appeal it can finally be closed. Or not quite. In its Response to Order Dated June 23, 2015 (Submitted Ex Parte and in Camera), the Government has indicated an intent to move for reargument as to the seven documents that the court ordered released in whole or in part. Much of the Response reads like just such a motion. There comes a point when this exercise must end. I have spent literally hundreds of hours locked in a secure facility reviewing first Vaughn Indices and then documents, and drafting a 160 page opinion. I have no interest in addressing yet another motion as to which no opposition can be filed. I believe that my decision is clear, and I have certainly attempted to be internally consistent. Rather than waste time and precious resources trying to convince me that I made a mistake in ordering the Government to disclose all or some part of seven documents out of the hundreds originally listed on the Vaughn Indices, I suggest that the Government simply take this matter back to the Court of Appeals, where it can try to convince the panel that I erred, or was inconsistent, or whatever. I appreciate that the revisions from the May 13 draft in the June 23 opinion are complicating the Government's effort to finish the classification exercise. Get it done as quickly as possible. That is all I ask. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 7/6/2015) (kgo) (Entered: 07/16/2015) |
| 2015-07-17 | 130 | ENDORSED LETTER addressed to Sarah Normand, AUSA from Judge Colleen McMahon dated 6/23/2015 re: Attached decision. ENDORSEMENT: The final decision, incorporating the in camera review rulings as to documents recently produced to me, is attached. I will refer to it hereafter as the "June 23 Decision." (As further set forth in this letter.) (Signed by Judge Colleen McMahon on 6/23/2015) (kgo) (Entered: 07/17/2015) |
| 2015-07-17 | 131 | ORDER AMENDING DECISION OF JUNE 23, 2015, DIRECTING THE UNSEALING OF CERTAIN ORDERS PREVIOUSLY FILED, DIRECTING THE ENTRY OF JUDGMENT, AND CLOSING CASE: The court, for its final order in this case: The court's Memorandum Decision and Order dated June 23, 2015, (the "June 23 Decision"), together with paragraph-by-paragraph classification notations as subsequently inserted by the Government, is the final decision and order of the court after remand, and is hereby ordered filed under seal in the manner used for highly classified material. A redacted copy of the June 23 Decision was publicly filed yesterday (Docket #128), and the following as further set forth herein. This order ends the case. The Clerk of the Court shall enter judgment directing that: 1. OLC produce redacted versions of OLC Documents 46, 144 and 145, and the complete text of Document 150; 2. CIA produce Tab C to Document 59 and redacted versions of Documents 109 and 113; to Plaintiffs, and otherwise GRANTING the motions of OLC and CIA for summary judgment dismissing the case as against them; and GRANTING in its entirety the motion of DOD for summary judgment dismissing the case as against it. The Clerk of the Court shall thereafter close the file. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 7/17/2015) (kgo) (Entered: 07/17/2015) |
| 2015-07-17 | | Transmission to Judgments and Orders Clerk. Transmitted re: 131 Order of Dismissal, to the Judgments and Orders Clerk. (kgo) (Entered: 07/17/2015) |
| 2015-07-22 | 132 | CLERK'S JUDGMENT: That for the reasons stated in the Court's Order dated July 17, 2015, judgment is entered as follows:1.OLC shall produce redacted versions of the OLC Documents 46, 144 and 145, and the complete text of Document 150; 2.CIA shall produce Tab C to Document 59 and redacted versions of Documents 109 and 113; to Plaintiffs, and otherwise the motions of the OLC and CIA for summary judgment dismissing the case as against them are granted; the motion of DOD for summary judgment dismissing the case against it is granted in its entirety; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/22/2015) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Main Document 132 replaced on 7/23/2015) (dt). (Entered: 07/23/2015) |
| 2015-09-17 | 133 | NOTICE OF APPEARANCE by Brett Max Kaufman on behalf of American Civil Liberties Union, The American Civil Liberties Union Foundation. (Kaufman, Brett) (Entered: 09/17/2015) |
| 2015-09-18 | 134 | NOTICE OF APPEAL from 132 Clerk's Judgment,,,. Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation. Filing fee $ 505.00, receipt number 0208-11405536. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Wicker, Colin) (Entered: 09/18/2015) |
| 2015-09-18 | | Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 134 Notice of Appeal. (tp) (Entered: 09/18/2015) |
| 2015-09-18 | | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 134 Notice of Appeal, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation were transmitted to the U.S. Court of Appeals. (tp) (Entered: 09/18/2015) |
| 2015-10-02 | 135 | NOTICE OF CROSS APPEAL from 132 Clerk's Judgment,,,. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Normand, Sarah) (Entered: 10/02/2015) |
| 2015-10-02 | | Appeal Fee Not Required for 135 Notice of Cross Appeal. Appeal filed by U.S. Government. (tp) (Entered: 10/02/2015) |
| 2015-10-02 | | Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 135 Notice of Cross Appeal. (tp) (Entered: 10/02/2015) |
| 2015-10-02 | | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 135 Notice of Cross Appeal, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency were transmitted to the U.S. Court of Appeals. (tp) (Entered: 10/02/2015) |
| 2015-11-23 | 136 | OPINION of USCA as to 114 Notice of Interlocutory Appeal filed by American Civil Liberties Union. USCA Case Number 14-4764-cv. Appeal from the October 31, 2014, decision and order of the United States District Court for the Southern District of New York (Colleen McMahon, District Judge), adjudicating, pursuant to a remand from this Court, Freedom of Information Act requests for documents prepared by the Office of Legal Counsel of the United States Department of Justice concerning targeted killings by drone aircraft. The District Court ordered disclosure of all or portions of some documents and denied disclosure of other documents. The appeal also concerns disclosure of redacted portions of the District Court's sealed opinion and disclosure of redacted portions of the transcript of the June 23, 2015, oral argument present by the Government to the Court ex parte and in camera. Judgment AFFIRMED; redacted portions of District Court opinion to remain UNDISCLOSED, except for three paragraphs (as redacted pursuant to Part IV of this opinion) that the District Court wishes to disclose; and redacted portions of transcript of June 23, 2015, oral argument to remain UNDISCLOSED; case REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/23/2015. (nd) (Entered: 11/23/2015) |
| 2016-04-21 | 138 | MANDATE of USCA (Certified Copy) as to 114 Notice of Interlocutory Appeal filed by American Civil Liberties Union. USCA Case Number 14-4764(con). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is AFFIRMED. The matter is REMANDED and the district court is authorized to disclose the three redacted paragraphs on page 9 of its opinion (as redacted pursuant to Part IV of this court's opinion),and maintain undisclosed the redacted portions of the District Court's opinion and the June 23, 2015, transcript.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/21/2016. (nd) (Entered: 04/21/2016) |
| 2016-05-23 | 139 | REVISED DECISION ON REMAND WITH RESPECT TO ISSUE (3): (U) This constitutes the decision and order of the court. Before releasing this decision to plaintiffs and to the public, I am providing a copy to the Government, to check classification status (which we have tried our best to get right on a paragraph by paragraph basis) and to propose redactions. (U) To the extent it should be necessary, the court certifies that an immediate entry of partial judgment as to this aspect of the case would be appropriate, pursuant to Fed. R. Civ. P.54(b), because (1) this order finally disposes of a discrete and severable issue in this action, to wit the disclosability of one specific type of legal document (legal opinions from the OLC) sought from one party defendant (the Department of Justice); and (2) there is no just reason for delay. These FOIA requests were made nearly three years ago, and it is in the public interest that any disclosable documents become public as without further delay. Also, there are many open issues in this case, which are completely severable from Remand Issue 3; and (if the parties' briefing schedule is any indication) it will take many months to resolve those issues. (U) The mandate directs that any appeal from this order and the partial judgment to be entered thereon be referred to a panel consisting of Judges Newman, Cabranes, and Pooler. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 5/11/2016) (kgo) (Entered: 05/23/2016) |
| 2016-08-30 | 140 | MANDATE of USCA (Certified Copy) as to 134 Notice of Appeal, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 135 Notice of Cross Appeal, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency USCA Case Number 15-2956(L); 15-3122(XAP). A mandate shall issue forthwith remanding the appeal to the District Court for the limited purpose of making the clarification requested in this Order. Upon the District Court's entry of a responsive order, jurisdiction of this appeal will be automatically restored to this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/30/2016. (tp) (Entered: 08/30/2016) |
| 2016-08-30 | | Transmission of USCA Mandate/Order to the District Judge re: 140 USCA Mandate. (tp) (Entered: 08/30/2016) |
| 2016-10-20 | 141 | LETTER addressed to Judge Colleen McMahon from AUSA Sarah S. Normand and Elizabeth J. Shapiro dated 10/20/16 re: status of appellate proceedings. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice. (Attachments: # 1 Exhibit 7/16/15 Order, # 2 Exhibit 8/30/16 Mandate)(Normand, Sarah) (Entered: 10/20/2016) |
| 2016-10-20 | 142 | ORDER: I reach out to the parties and ask them to do what they should have done without prompting - explain to the court, in writing and with great clarity, what orders are implicated on these appeals, what has confused the Court of Appeals and what it is that they think I am expected to do. My senior law clerk telephoned the Government after we heard from the Court of Appeals, so the Government is expecting this order. The Government has asked to have until Monday, October 24 to comply with this order. That is certainly fine with me, although I cannot say whether it is fine with the Court of Appeals. However, I must tell both the parties and the Court of Appeals that I will not be able to tum my attention to this matter until after my current criminal trial concludes at the earliest - and that I will have to wedge any work that is required into whatever interstices there are in my very busy schedule. (Signed by Judge Colleen McMahon on 10/20/2016) (tn) (Entered: 10/20/2016) |
| 2016-10-21 | 143 | NOTICE OF APPEARANCE by Brett Max Kaufman on behalf of American Civil Liberties Union, The American Civil Liberties Union Foundation. (Kaufman, Brett) (Entered: 10/21/2016) |
| 2016-10-21 | 144 | RESPONSE TO THE OCTOBER 21, 2016 MANDATE OF THE COURT OF APPEALS: After reviewing the agencies' classified responses, I issued the order of July 16, 2015, in which I intended to convey that the Government had established that, to the extent any document responsive to the ACLU's FOIA request contained a reference to one or more of the six facts this court found to be "officially acknowledged," that information could not reasonably be segregated from information in that document that was not disclosable. I trust this answers the question that was originally troubling the panel, and I apologize for not having understood more completely or responded more quickly. (As further set forth herein. (Signed by Judge Colleen McMahon on 10/21/2016) Copies Emailed By Chambers. (kgo) (Entered: 10/21/2016) |
| 2016-10-24 | 145 | ORDER of USCA (Certified Copy) as to 134 Notice of Appeal, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 135 Notice of Cross Appeal, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency. USCA Case Number 15-2956(L); 15-3122(XAP). The District Court entered an Order on October 20, 2016, in its docket number 1:12-cv-00794-CM, endeavoring to respond to this Court's limited remand Order entered August 16, 2016. We deem the District Court's October 20, 2016' Order sufficient to restore jurisdiction to this Court of our docket numbers 15-2956 and 15-3122(XAP), pursuant to the terms of our August 16, 2016, Order. With our jurisdiction restored, we rule as follows in an attempt to clarify our October 20, 2016, order.... (See attached pdf). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 10/24/2016. (nd) (Entered: 10/24/2016) |
| 2016-10-24 | | First Supplemental ROA Sent to USCA (Electronic File). USCA Case Number 15-2956(L); 15-3122(XAP), Certified Supplemental Indexed record on Appeal Electronic Files for 144 Order were transmitted to the U.S. Court of Appeals. (nd) (Entered: 10/24/2016) |
| 2016-11-02 | 146 | MOTION for Matthew Spurlock to Withdraw as Attorney . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Spurlock, Matthew) (Entered: 11/02/2016) |
| 2016-11-02 | 147 | MOTION for Jameel Jaffer to Withdraw as Attorney . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Jaffer, Jameel) (Entered: 11/02/2016) |
| 2016-11-16 | 148 | MEMO ENDORSEMENT granting 146 Motion to Withdraw as Attorney. ENDORSEMENT: OK. Attorney Matthew Douglas Spurlock terminated. (Signed by Judge Colleen McMahon on 11/16/2016) (kgo) (Entered: 11/16/2016) |
| 2016-11-16 | 149 | MEMO ENDORSEMENT granting 147 Motion to Withdraw as Attorney. ENDORSEMENT: OK. Attorney Jameel Jaffer terminated. (Signed by Judge Colleen McMahon on 11/16/2016) (kgo) (Entered: 11/16/2016) |
| 2016-12-20 | 150 | OPINION of USCA as to 134 Notice of Appeal, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 135 Notice of Cross Appeal, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency. USCA Case Number 15-2956(L), 15-3122(XAP). Appeal and cross-appeal from the July 23, 2015, judgment of the District Court for the Southern District of New York (Colleen McMahon, now-Chief Judge) in a case brought under the Freedom of Information Act. The judgment granted in part and denied in part disclosure of documents sought from the Office of Legal Counsel of the Department of Justice, the Central Intelligence Agency, and the Department of Defense concerning drone strikes. Affirmed on the appeal, reversed on the cross-appeal, and remanded for entry of a revised judgment. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/20/2016. (nd) (Entered: 12/20/2016) |
| 2017-01-05 | 151 | MOTION for Extension of Time for Proceedings Regarding Attorneys' Fees and Costs . Document filed by American Civil Liberties Union, The American Civil Liberties Union Foundation.(Kaufman, Brett) (Entered: 01/05/2017) |
| 2017-01-12 | 152 | ORDER granting 151 Letter Motion for Extension of Time. It is, pursuant to Fed. R. Civ. P. 6 and 54 and Local Rule 54.1, hereby: ORDERED, that the motion is granted, and the deadline for filing a motion relating to an award of attorneys' fees and costs is extended until March 17, 2017. Motions due by 3/17/2017. (Signed by Judge Colleen McMahon on 1/11/2017) (kgo) (Entered: 01/12/2017) |
| 2017-02-28 | 153 | MANDATE of USCA (Certified Copy) as to 134 Notice of Appeal, filed by American Civil Liberties Union, The American Civil Liberties Union Foundation, 135 Notice of Cross Appeal, filed by U.S. Department of Defense, U.S. Department of Justice, Central Intelligence Agency USCA Case Number 15-2956 (L). 15-3122 (XAP). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district courts judgment is AFFIRMED on the appeal, REVERSED on the cross-appeal, and REMANDED for entry of a revised judgment in accordance with the 150 opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/28/2017. (nd) (Entered: 03/01/2017) |
| 2017-03-01 | | Transmission of USCA Mandate to the District Judge re: 153 USCA Mandate,,. (nd) (Entered: 03/01/2017) |
| 2017-03-08 | 154 | LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from AUSA Sarah S. Normand dated March 8, 2017. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice.(Normand, Sarah) (Entered: 03/08/2017) |
| 2017-03-08 | 155 | ORDER granting 154 Letter Motion for Extension of Time. OK. Motions due by 4/17/2017. (Signed by Judge Colleen McMahon on 3/8/2017) (kgo) (Entered: 03/08/2017) |
| 2017-04-10 | 156 | LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from AUSA Sarah Normand dated April 10, 2017. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice.(Normand, Sarah) (Entered: 04/10/2017) |
| 2017-04-11 | 157 | ORDER: granting 156 Letter Motion for Extension of Time. OK. Motions due by 5/17/2017. (Signed by Judge Colleen McMahon on 4/11/2017) (ap) (Entered: 04/11/2017) |
| 2017-05-15 | 158 | LETTER MOTION for Extension of Time for ACLU to file fee application addressed to Judge Colleen McMahon from Sarah S. Normand dated 05/15/2017. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice.(Normand, Sarah) (Entered: 05/15/2017) |
| 2017-05-16 | 159 | ORDER granting 158 Letter Motion for Extension of Time. OK. Motions due by 5/24/2017. (Signed by Judge Colleen McMahon on 5/16/2017) (kgo) (Entered: 05/16/2017) |
| 2017-05-25 | 160 | STIPULATION AND ORDER REGARDING FEES: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: l. The Government shall pay to Plaintiffs the sum of $100,000.00 (ONE HUNDRED THOUSAND DOLLARS) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiffs agree to accept as full payment of any attorneys' fees and costs Plaintiffs have incurred or will incur in this action for services performed up to the date of this Stipulation and Order. 2. This Stipulation and Order does not constitute, and shall not be construed as, an admission by the Government that Plaintiffs are either eligible or entitled to recover attorneys' fees or costs in connection with this matter. 3. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. 4. Facsimile or pdf signatures shall have the same force and effect as original signatures on this Stipulation. (Signed by Judge Colleen McMahon on 5/25/2017) (kgo) (Entered: 05/25/2017) |
| 2017-05-26 | 161 | ORDER: In accordance with the Mandate of the Second Circuit (dkt. No. 153) remanding this Court for entry of a revised judgment in accordance with its opinion, Am. Civil Liberties Union v. U.S. Dep't of Justice, 844 F. 3d 126 (2d Cir. 2016), Defendants are hereby ordered to submit to the Court a revised form of judgment no later than 30days after entry of this order. So Ordered (Signed by Judge Colleen McMahon on 5/26/2017) Copies Sent By Chambers Via ECF. (js) Modified on 6/5/2017 (mro). (Entered: 05/26/2017) |
| 2017-06-26 | 162 | LETTER MOTION for Extension of Time to submit revised judgment addressed to Judge Colleen McMahon from Sarah S. Normand dated June 26, 2017. Document filed by Central Intelligence Agency, U.S. Department of Defense, U.S. Department of Justice.(Normand, Sarah) (Entered: 06/26/2017) |
| 2017-06-26 | 163 | ORDER granting 162 Letter Motion for Extension of Time, to submit a proposed revised Judgment. ok. So Ordered. (Signed by Judge Colleen McMahon on 6/26/2017) (js) (Entered: 06/27/2017) |
| 2017-07-10 | 164 | REVISED JUDGMENT: JUDGMENT IS HEREBY ENTERED, in accordance with the Court of Appeals' December 20, 2016 opinion, granting the motions for summary judgment of DOD, CIA and OLC, denying Plaintiffs' motion for summary judgment, and closing this case. (Signed by Judge Colleen McMahon on 7/10/2017) (kgo) (Entered: 07/10/2017) |
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