Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the Department of Homeland Security properly withheld most remaining documents pertaining to the Lower Manhattan Security Initiative, a federally-funded project of the New York City Police Department to install and maintain surveillance cameras in Lower Manhattan, under Exemption 7(E) (investigative methods and techniques). The New York Civil Liberties Union brought the suit, arguing that the withheld information described methods and techniques that were already publicly known. Indicating that the withheld information was far more specific than any publicly available information introduced by the NYCLU, the court noted that "the location of license plate readers and cameras is the plainest example: although it is publicly known that the LMSI uses cameras and license plate readers, the specific locations of those devices are unknown, and their disclosure could unquestionably aid criminals in evading detection and thereby circumventing the law. Although private citizens may be able to identify the locations of some individual cameras by careful observation, the plaintiff has provided no reason to think that all or even a substantial portion of the cameras can be identified in this manner. Even if the location of some cameras might be publicly knowable, the uncertainty concerning the other cameras is plausibly asserted to be a key component of their deterrent and disruptive effect." The court added that "similarly, although the mechanics of cameras and license plate readers are 'generally known,' the specific types of devices used by the LMSI, their capabilities, and their means of transmitting data are all unknown." Although this project clearly qualified as law enforcement, these kinds of records until recently would have been withheld under Exemption 2 (internal practices and procedures). Sure enough, the court mentioned in a footnote that Exemption 2 was a primary basis for withholding the documents until the Supreme Court's recent decision in Milner v. Dept of Navy rejected the circumvention prong of Exemption 2 that had developed in the case law. The court noted that after the Milner decision, "the government therefore withdrew its reliance on exemption 2."
Issues: Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2009-06-09	1	COMPLAINT against United States Department of Homeland Security. (Filing Fee $ 350.00, Receipt Number 690378)Document filed by New York Civil Liberties Union.(mro) (ama). (Entered: 06/09/2009)
2009-06-09		SUMMONS ISSUED as to United States Department of Homeland Security, U.S. Attorney and U.S. Attorney General. (mro) (Entered: 06/09/2009)
2009-06-09		Magistrate Judge Theodore H. Katz is so designated. (mro) (Entered: 06/09/2009)
2009-06-09		Case Designated ECF. (mro) (Entered: 06/09/2009)
2009-06-09	2	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Civil Liberties Union.(mro) (ama). (Entered: 06/09/2009)
2009-06-15	3	AFFIDAVIT OF SERVICE of Summons and Complaint. United States Department of Homeland Security served on 6/9/2009, answer due 8/10/2009. Service was made by Mail. Document filed by New York Civil Liberties Union. (Faiella, Matthew) (Entered: 06/15/2009)
2009-07-10	4	ANSWER to Complaint. Document filed by United States Department of Homeland Security.(Simmons, Alicia) (Entered: 07/10/2009)
2009-07-10	5	CERTIFICATE OF SERVICE of Answer served on New York Civil Liberties Union on July 10, 2009. Service was made by Mail. Document filed by United States Department of Homeland Security. (Simmons, Alicia) (Entered: 07/10/2009)
2009-07-29	6	NOTICE OF COURT CONFERENCE addressed to To All Parties from Don Fletcher, Courtroom Case Manager dated 7/29/2009 re: You are directed to appear for a pretrial conference, to be held on Wednesday, August 5, 2009 at 4:30 pm in Courtroom 12B, in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. (jpo) Modified on 7/29/2009 (jpo). (Entered: 07/29/2009)
2009-07-29		Set Deadlines/Hearings: Pretrial Conference set for 8/5/2009 at 04:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (jpo) (Entered: 07/29/2009)
2009-08-06	7	ORDER, Conference set for 9/25/2009 at 04:00 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 8/5/09) (cd) (Entered: 08/06/2009)
2009-09-23	8	ENDORSED LETTER addressed to Judge John G. Koeltl from Matthew Faiella and Alicia M. Simmons dated 9/22/2009 re: The government has agreed to process and produce to the NYCLU responsive, nonexempt documents by October 23, 2009. The parties have further agreed to a proposed schedule from that point forward to address any remaining disputes, with the following dates: November 6, 2009; The government will produce a Vaughn index to the NYCLU. ENDORSEMENT: The proposed scheduled is so ordered. No conference in necessary. The Court will await the motion for summary judgment. Any party can request an earlier conference with the Court. SO ORDERED. ( Motions due by 1/29/2010, Replies due by 3/19/2010, Responses due by 2/26/2010) (Signed by Judge John G. Koeltl on 9/23/2009) (jmi) (Entered: 09/23/2009)
2010-01-04	9	ENDORSED LETTER addressed to Judge John G. Koeltl from Alicia Simmons dated 12/23/2009 re: The parties respectfully request an adjournment of the summary judgment briefing schedule set forth in the Scheduling Order. The parties will advise the Court by March 1, 2010, of the status of their discussions and, if necessary, propose a revised summary judgment briefing schedule for this Court's approval. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge John G. Koeltl on 1/3/2010) (jfe) (Entered: 01/04/2010)
2010-03-02	10	ENDORSED LETTER addressed to Judge John G. Koeltl from Alicia Simmons dated 3/1/2010 re: Counsel for the Government write on behalf of the parties to update the Court of the status of this action, and to seek Your Honor's approval of the proposed briefing schedule agreed upon by the parties for the Government's summary judgment motion, if necessary, as follows: 4/16/2010- deadline by which the Government shall file and serve its brief in support of its motions for summary judgment; 5/21/2010- deadline by which the plaintiff shall file and serve its brief in opposition to the Government's summary judgment motion; and 6/11/2010- deadline by which the Government shall file and serve its brief in further support of its summary judgment motion. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 3/2/2010) (tro) (Entered: 03/02/2010)
2010-04-16	11	ENDORSED LETTER addressed to Judge John G. Koeltl from Sarah Normand dated 4/14/10 re: Revised briefing schedule for partial summary judgment motion. ENDORSEMENT: Application granted. So ordered. ( Motion due by 5/7/2010. Reply due by 6/25/2010. Response due by 6/4/2010) (Signed by Judge John G. Koeltl on 4/16/10) (cd) (Entered: 04/16/2010)
2010-05-06	12	ENDORSED LETTER: addressed to Judge John G. Koeltl from Sarah S. Normand dated 5/5/2010 re: Government requests that the Court modify the briefing schedule such that the Government's motion would be filed on May 21, 2010, plaintiff's opposition would be filed on June 18, 2010, and the Government's reply would be filed on July 2, 2010. Plaintiff consents to this request. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 5/6/2010) (js) (Entered: 05/06/2010)
2010-05-24	13	ENDORSED LETTER addressed to Judge John G. Koeltl from Sarah Normand dated 5/20/10 re: Request for a 3 day extension of time to 5/26/10, for the Government to file its motion for partial summary judgment. ENDORSEMENT: Granted. ( Motion due by 5/26/2010.) (Signed by Judge Kimba M. Wood, Part I on 5/21/10) (cd) (Entered: 05/24/2010)
2010-05-26	14	MOTION for Partial Summary Judgment (Partial) . Document filed by United States Department of Homeland Security.(Simmons, Alicia) Modified on 5/28/2010 (jar). (Entered: 05/26/2010)
2010-05-26	15	MEMORANDUM OF LAW in Support re: 14 MOTION for Summary Judgment (Partial) .. Document filed by United States Department of Homeland Security. (Simmons, Alicia) (Entered: 05/26/2010)
2010-05-26	16	DECLARATION of Alicia M. Simmons in Support re: 14 MOTION for Summary Judgment (Partial) .. Document filed by United States Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Simmons, Alicia) (Entered: 05/26/2010)
2010-05-26	17	DECLARATION of Elizabeth Gary in Support re: 14 MOTION for Summary Judgment (Partial) .. Document filed by United States Department of Homeland Security. (Simmons, Alicia) (Entered: 05/26/2010)
2010-05-26	18	DECLARATION of Katina L. Hill in Support re: 14 MOTION for Summary Judgment (Partial) .. Document filed by United States Department of Homeland Security. (Simmons, Alicia) (Entered: 05/26/2010)
2010-05-26	19	DECLARATION of Robert Kevan in Support re: 14 MOTION for Summary Judgment (Partial) .. Document filed by United States Department of Homeland Security. (Simmons, Alicia) (Entered: 05/26/2010)
2010-06-16	20	ENDORSED LETTER addressed to Judge John G. Koeltl from Matthew Faiella dated 6/16/2010 re: Requesting a one week extension until June 25, 2010, for plaintiff's opposition to defendant's motion for partial summary judgment, and a one week extension, until July 9, 2010, for defendant's reply in the above captioned FOIA action. ENDORSEMENT: Application granted. (Signed by Judge John G. Koeltl on 6/16/2010) (jpo) (Entered: 06/16/2010)
2010-06-25	21	MEMORANDUM OF LAW in Opposition re: 14 MOTION for Partial Summary Judgment.. Document filed by New York Civil Liberties Union. (Faiella, Matthew) (Entered: 06/25/2010)
2010-06-25	22	DECLARATION of Matthew Faiella in Opposition re: 14 MOTION for Partial Summary Judgment.. Document filed by New York Civil Liberties Union. (Attachments: # 1 Declaration of Matthew Faiella, part 2, # 2 Declaration of Matthew Faiella, part 3, # 3 Declaration of Matthew Faiella, part 4, # 4 Declaration of Matthew Faiella, part 5a, # 5 Declaration of Matthew Faiella, part 5b, # 6 Declaration of Matthew Faiella, 5c, # 7 Declaration of Matthew Faiella, part 6, # 8 Declaration of Matthew Faiella, part 7, # 9 Declaration of Matthew Faiella, part 8, # 10 Declaration of Matthew Faiella, part 9a, # 11 Declaration of Matthew Faiella, part 9b, # 12 Declaration of Matthew Faiella, part 9c, # 13 Declaration of Matthew Faiella, part 10)(Faiella, Matthew) (Entered: 06/25/2010)
2010-07-09	23	REPLY MEMORANDUM OF LAW in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Homeland Security. (Attachments: # 1 Addendum 1)(Simmons, Alicia) (Entered: 07/09/2010)
2010-07-09	24	DECLARATION of Alicia M. Simmons in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Simmons, Alicia) (Entered: 07/09/2010)
2010-07-09	25	DECLARATION of Elizabeth Gary in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Homeland Security. (Simmons, Alicia) (Entered: 07/09/2010)
2010-07-09	26	DECLARATION of Katina Hill in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Homeland Security. (Simmons, Alicia) (Entered: 07/09/2010)
2010-07-09	27	DECLARATION of Judy Hampton in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Homeland Security. (Simmons, Alicia) (Entered: 07/09/2010)
2011-02-14	28	NOTICE OF ORAL ARGUMENT (Letter) addressed to All Parties from Don Fletcher, Courtroom Case Manager dated 2/14/2011 re: You are directed to appear for oral argument on the pending motion(s), to be held on Tuesday, March 1, 2011 at 10:00 a.m. in Courtroom 12B, in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. (rjm) (Entered: 02/15/2011)
2011-02-14		Set Deadlines/Hearings: Oral Argument set for 3/1/2011 at 10:00 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (rjm) (Entered: 02/15/2011)
2011-02-16	29	ORDER that the defendant is ordered to produce unredacted copies of Exhibits CC, DD, and EE for in camera, ex parte review by the Court on 2/28/11. (Signed by Judge John G. Koeltl on 2/16/11) (cd) (Entered: 02/16/2011)
2011-02-25	30	NOTICE OF APPEARANCE by Melissa Goodman on behalf of New York Civil Liberties Union (Goodman, Melissa) (Entered: 02/25/2011)
2011-03-01		Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 3/1/2011 re: 14 MOTION for Partial Summary Judgment. filed by United States Department of Homeland Security. (mbe) (Entered: 04/01/2011)
2011-03-04	31	ORDER The parties are directed to advise the Court as to whether any redactions remain in dispute as to the documents Bates - stampted FEMA _00105-S, FEMA_00106-S, FEMA_00158-S, FEMA_00178-S FEMA_00179-S, FEMA_002S8-S, and FEMA_00262-S. It is unclear from the parties' letters of March 3, 2011 which documents still contain portions that the defendant contends can be withheld, and which of those withholdings the plaintiff challenges. The parties should inform the Court of the status of these documents in a joint letter to the Court by March 8, 2011. (Signed by Judge John G. Koeltl on 3/4/11) (djc) (Entered: 03/04/2011)
2011-03-09	35	TRANSCRIPT of proceedings held on 3/1/2011 before Judge John G. Koeltl. (ab) (Entered: 03/22/2011)
2011-03-10	32	SEALED DOCUMENT placed in vault.(mps) (Entered: 03/10/2011)
2011-03-10		***DELETED DOCUMENT. Deleted document number 7 opinion and order. The document was incorrectly filed in this case. (js) (Entered: 03/10/2011)
2011-03-10	33	OPINION AND ORDER: #100022 For the foregoing reasons, the defendant's motion for partial summary judgment is granted. The Clerk is directed to close Docket No. 14. So Ordered (Signed by Judge John G. Koeltl on 3/9/2011) (js) Modified on 3/14/2011 (ajc). (Entered: 03/10/2011)
2011-03-10	34	ORDER: IN response to the Court's 2/16/2011 order, the defendant submitted unredacted copies of the documents Bates-stamped FEMA_00105-S, FEMA_00106-S, FEMA_00158-S and FEMA_00178-S for ex parte, in camera review. Additionally, the defendant provided unredacted copies of the full documents from which these excerpts were drawn, Bates-stamped FEMA_00104-S through FEMA_00113-S, FEMA 00157-S through FEMA_00173-S, and FEMA_00173-S through FEMA_00185-S. The Court is filing these unredacted documents under seal. (Signed by Judge John G. Koeltl on 3/9/2011) (ab) (Entered: 03/10/2011)
2011-04-13	36	MOTION for Matthew J. Faiella to Withdraw as Attorney. Document filed by New York Civil Liberties Union.(Dunn, Christopher) (Entered: 04/13/2011)
2011-07-11	37	MEMO ENDORSEMENT granting 36 Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. Attorney Matthew John Faiella terminated. (Signed by Judge John G. Koeltl on 7/7/2011) (tro) (Entered: 07/11/2011)
2011-10-05	38	NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge John G. Koeltl is no longer assigned to the case. (sjo) (Entered: 10/05/2011)
2011-10-18	39	ORDER: As counsel may be aware, this case has been reassigned to this Court's docket. All current deadlines and schedules ordered by Judge Koeltl remain in effect, including the dates for the completion of discovery. In addition, a conference has been scheduled for November 28,2011, at 11:00a.m. to be held in Courtroom 18C at the U.S. Courthouse, 500 Pearl Street, New York, New York 10007, and as further set forth in this document. ( Status Conference set for 11/28/2011 at 11:00 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 10/14/2011) (cd) (Entered: 10/18/2011)
2012-02-02	40	ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Christopher Dunn dated 2/1/2012 re: Counsel writes in anticipation of the status conference scheduled for this Friday, February 3, in this Freedom of Information Law case. ENDORSEMENT: The conference scheduled for 2/3/2012 in this matter is adjourned sine die. Parties shall provide the Court with a joint status letter by April 1, 2012, and every 60 days thereafter. (Signed by Judge Paul A. Engelmayer on 2/2/2012) (jfe) (Entered: 02/02/2012)
2012-04-06	41	ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Christopher Dunn dated 3/30/2012 re: counsel for plaintiff writes, as directed by your Memo Endorsement of February 2, 2012, to apprise you of the status of this Freedom of Information Act case. As was the situation when you issued your Memo Endorsement in February, the Government continues to produce responsive documents, and no disputes have arisen between the parties. We will again report to you in 60 days, as provided in your Memo Endorsement. ENDORSEMENT: Plaintiff shall provide the Court with a status letter no later than June 1, 2012, and every 60 days thereafter., ( Status Report due by 6/1/2012.) (Signed by Judge Paul A. Engelmayer on 4/6/2012) (pl) (Entered: 04/06/2012)
2012-08-17	42	ENDORSED LETTER addressed to Paul A Engelmayer from Alicia M Simmons dated 8/16/2012 re: The Government continues to produce to plaintiff responsive investment justifications, or grant applications. ENDORSEMENT: The parties shall provide a joint status letter on 10/1/2012, and every 60 days thereafter. (Signed by Judge Paul A. Engelmayer on 8/17/2012) (cd) (Entered: 08/17/2012)
2013-03-26	43	NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Paul A. Engelmayer is no longer assigned to the case. (pgu) (Entered: 03/26/2013)
2013-06-19	44	LETTER addressed to Judge Lorna G. Schofield from Alicia M. Simmons dated 6/19/2013 re: This Office represents the Department of Homeland Security (DHS or the Government), defendant in the above-referenced action initiated pursuant to the Freedom of Information Act, 5 U.S.C. 552 (FOIA). Pursuant to this Courts April 6, 2012, Memo Endorsement, I write respectfully on behalf of both parties to update the Court on the status of this action, which was reassigned to Your Honor from Judge Engelmayer. Document filed by United States Department of Homeland Security.(rsh) (Entered: 06/19/2013)
2013-08-02	45	LETTER addressed to Judge Lorna G. Schofield from Alicia M. Simmons dated 8/1/2013 re: I write respectfully on behalf of both parties to update the Court on the status of this action. The Government anticipates that DHS's Federal Emergency Management Agency will produce the remaining investment justifications responsive to plaintiffs FOIA request by August 9, 2013. No disputes have arisen between the parties. The parties will submit another status report to the Court by October 1, 2013, as provided in the Courts April 6, 2012 Memo Endorsement. Document filed by United States Department of Homeland Security.(cd) (Entered: 08/05/2013)
2013-10-01	46	STANDING ORDER M10-468: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding. (Signed by Judge Loretta A. Preska on 10/1/2013) ***Original Standing Order docketed in case no. 1:13-mc-00334-LAP, document no. 2 on 10/1/2013.***(tro) (Entered: 10/01/2013)
2013-10-01	47	LETTER addressed to Judge Lorna G. Schofield from Alicia M. Simmons dated 10/1/2013 re: Pursuant to this Court's April 6, 2012, Memo Endorsement, I write respectfully on behalf of both parties to update the Court on the status of this action. Document filed by United States Department of Homeland Security.(lmb) (Entered: 10/01/2013)
2013-12-02	48	LETTER addressed to Judge Lorna G. Schofield from AUSA Alicia M. Simmons dated December 2, 2013 re: status of action. Document filed by United States Department of Homeland Security.(Simmons, Alicia) (Entered: 12/02/2013)
2014-02-04	49	LETTER addressed to Judge Lorna G. Schofield from AUSA Alicia M. Simmons dated February 4, 2014 re: Proposed Stipulation. Document filed by United States Department of Homeland Security.(Simmons, Alicia) (Entered: 02/04/2014)
2014-02-05	50	STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and the Government, as follows: 1. Plaintiff's claims against the Government in the above-captioned action are hereby dismissed with prejudice, and without interest, costs, or attorney's fees to either party. 2. The parties understand and agree that this Stipulation 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. (Signed by Judge Lorna G. Schofield on 2/5/2014) (lmb) (Entered: 02/05/2014)
Hide Docket Events