Case Detail

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that the NSA properly issued a Glomar response neither confirming nor denying the existence of records in response to Glen Carter's request for any information about himself picked up by NSA surveillance. Carter did not argue that much of the agency's information was classified and protected by Exemption 1 (national security) and Exemption 3 (other statutes). Instead, he contended that since the agency's surveillance swept so broadly it likely had picked up non-exempt data about his activities as a Christian activist in Canada. Kollar-Kotelly noted that "if there were any personal information about Plaintiff in NSA's records, its very existenceâ€"without moreâ€"reveals classified intelligence information." She added that "NSA establishes that any further response to Plaintiff's FOIA request would result in disclosure of intelligence information which, in light of the NSA's intelligence responsibilities, amounts to the disclosure of the sources of and methods by which its intelligence is collected."
Issues: Determination - Glomar response

Date Filed	Doc #	Docket Text
2012-06-14	1	COMPLAINT against NATIONAL SECURITY AGENCY filed by GLEN CARTER. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 06/15/2012)
2012-06-14		SUMMONS (3) Issued as to NATIONAL SECURITY AGENCY, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 06/15/2012)
2012-06-14	2	MOTION for Leave to Proceed in forma pauperis by GLEN CARTER (td, ) (Entered: 06/15/2012)
2012-06-14		ORDER granting 2 Motion for Leave to Proceed in forma pauperis.FIAT Signed by Judge Ellen S. Huvelle on 6/13/12; (See document no. 2 to view) (td, ) (Entered: 06/15/2012)
2012-06-19	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/18/2012. Answer due for ALL FEDERAL DEFENDANTS by 7/18/2012. (jf, ) (Entered: 06/19/2012)
2012-06-20	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/19/12. (td, ) (Entered: 06/21/2012)
2012-07-06	5	ORDER Establishing Procedures for Filing for Cases Assigned to Judge Colleen Kollar-Kotelly, signed on July 6, 2012. (SM) (Entered: 07/06/2012)
2012-07-11	6	NOTICE of Appearance by Emily Kathryn Tyler on behalf of NATIONAL SECURITY AGENCY (Tyler, Emily) (Entered: 07/11/2012)
2012-07-11	7	MOTION for Extension of Time to File Answer by NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Tyler, Emily) (Entered: 07/11/2012)
2012-07-19		MINUTE ORDER granting 7 Defendant's First Motion for Extension of Time to Answer Plaintiff's Complaint. Accordingly, Defendant shall have until and including August 17, 2012, to respond to Plaintiff's Complaint. Set/Reset Deadlines: Answer due by 8/17/2012. Signed by Judge Colleen Kollar-Kotelly on July 19, 2012. (SM) (Entered: 07/19/2012)
2012-07-24	8	Civil Statement from plaintiff Glenn Carter. (td, ) (Entered: 07/24/2012)
2012-08-10	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL SECURITY AGENCY served on 6/27/2012 (td, ) (Entered: 08/10/2012)
2012-08-15	10	MOTION for Summary Judgment by NATIONAL SECURITY AGENCY (Attachments: # 1 Janosek Declaration)(Tyler, Emily) (Entered: 08/15/2012)
2012-08-22	11	Order advising plaintiff to respond by 9/21/2012 to defendant's motion for summary judgment, or the Court may deem the motion conceded. Signed by Judge Colleen Kollar-Kotelly on 8/22/12. (ms, ) (Entered: 08/22/2012)
2012-09-10	12	MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Summary Judgment by GLEN CARTER (dr) (Entered: 09/12/2012)
2012-10-09		MINUTE ORDER: Plaintiff's 12 Motion for Extension of Time is granted, and his opposition to defendant's motion for summary judgment is due by 10/10/2012. Signed by Judge Colleen Kollar-Kotelly on 10/7/12. (ms, ) (Entered: 10/09/2012)
2012-11-13	13	VACATED PURSUANT TO ORDER FILED 1/18/2013.....MEMORANDUM AND OPINION. Signed by Judge Colleen Kollar-Kotelly on 11/13/12. (ms, ) Modified on 1/22/2013 (znmw, ). (Entered: 11/13/2012)
2012-11-13	14	VACATED PURSUANT TO ORDER FILED 1/18/2013.....ORDER granting defendant's 10 Motion for Summary Judgment as conceded. This is a final appealable Order. Signed by Judge Colleen Kollar-Kotelly on 11/13/12. (ms, ) Modified on 1/22/2013 (znmw, ). (Entered: 11/13/2012)
2012-11-13		NOTICE: The Court's Memorandum Opinion and Order issued on 11/13/2012 has been mailed by first class mail to Plaintiff: GLEN CARTER, c/o 102-11 Avenue SE Calgary AB, T2G 0X5, Canada, 001-403-767-2469 on 11/13/2012. (tcb) . (Entered: 11/13/2012)
2013-01-18	15	ORDER granting plaintiff's motion to vacate and for an extension of time, vacating November 13, 2012 Memorandum Opinion and Order, and directing plaintiff to file his opposition or other response to defendant's motion for summary judgment not later than February 15, 2013. Signed by Judge Colleen Kollar-Kotelly on 1/18/13. (ms, ) (Entered: 01/18/2013)
2013-01-18	16	MOTION for Extension of Time by GLEN CARTER; ("Leave to file GRANTED" by Judge Colleen Kollar-Kotelly) (td, ) (Entered: 01/24/2013)
2013-01-24	17	NOTICE OF SUBSTITUTION OF COUNSEL by Jeffrey Earl Warner on behalf of NATIONAL SECURITY AGENCY Substituting for attorney Emily Kathryn Tyler (Warner, Jeffrey) (Entered: 01/24/2013)
2013-02-08	18	NOTICE OF SUBSTITUTION OF COUNSEL by Hubert T. Lee on behalf of NATIONAL SECURITY AGENCY Substituting for attorney Jeffrey Earl Warner (Lee, Hubert) (Entered: 02/08/2013)
2013-03-01	19	Cross MOTION for Summary Judgment by GLEN CARTER; ("Leave to file GRANTED") by Judge Colleen Kollar-Kotelly; (Some pages may be illegible and Exhibit G Bulky has been submitted to the Fileroom) (td, ) (Entered: 03/04/2013)
2013-03-14	20	REPLY to opposition to motion re 19 MOTION for Summary Judgment Plaintiff's Cross Motion for Summary Judgment filed by NATIONAL SECURITY AGENCY. (Lee, Hubert) (Entered: 03/14/2013)
2013-08-22	21	NOTICE of Appearance by Mary Elizabeth Stratton on behalf of NATIONAL SECURITY AGENCY (Stratton, Mary) (Entered: 08/22/2013)
2013-08-26	22	MEMORANDUM AND OPINION. Signed by Judge Colleen Kollar-Kotelly on 8/26/13. (ms, ) (Entered: 08/26/2013)
2013-08-26	23	ORDER denying 19 Plaintiff's Cross Motion for Summary Judgment and granting 10 Defendant's Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Colleen Kollar-Kotelly on 8/26/13. (ms, ) (Entered: 08/26/2013)
2013-10-17	24	NOTICE OF APPEAL as to 23 Order on Motion for Summary Judgment, 22 Memorandum & Opinion by GLEN CARTER. Fee Status: IFP. Parties have been notified. (td, ) (Entered: 10/21/2013)
2013-10-21	25	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Fee was not paid because it was filed In Forma Pauperis re 24 Notice of Appeal. (td, ) (Entered: 10/21/2013)
2013-10-28		USCA Case Number 13-5322 for 24 Notice of Appeal filed by GLEN CARTER. (td, ) (Entered: 10/28/2013)
2013-11-01	26	NOTICE OF SUBSTITUTION OF COUNSEL by Robert N. Englund on behalf of All Defendants Substituting for attorney Mary Elizabeth Stratton (Englund, Robert) (Entered: 11/01/2013)
2013-11-25	27	Mail Returned as undeliverable. sent to Glen Carter; Type of Document Returned: Order 23 dated 8/26/2013 and Memorandum and Opinion 22 dated 8/26/2013; Resent at new address: unknown. (dot ) (Entered: 11/25/2013)
2014-09-02	28	MANDATE of USCA (certified copy) as to 24 Notice of Appeal filed by GLEN CARTER ; ORDERED that the motion for summary affirmance be granted and the motion for summary reversal be denied; FURTHER ORDERED that the motion for an injunction be denied. USCA Case Number 13-5322. (md, ) (Entered: 09/04/2014)
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