Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the Justice Department properly withheld records from Nancy Crisman under the Privacy Act but rejected the FBI's Exemption 5 (privileges) claim. Crisman worked as a nurse at the Federal Reserve building in Miami. In March 2004, the Financial Institution Security Association sent a financial inquiry known as an FISA Alert concerning whether or not various entities or individuals had accounts at certain banks to the FBI field office in Miami. The FBI erroneously mischaracterized the alert as being under the Foreign Intelligence Surveillance Act, which led to Crisman's termination as well as having her information continually appear on national security and homeland security watchlists. Crisman originally filed a FOIA request in 2005 but the FBI withheld records under Exemption 1 (national security), Exemption 6 (invasion of privacy), and Exemption 7 (C) (invasion of privacy concerning law enforcement records), as well as subsection (j)(2) of the Privacy Act. Crisman filed suit in 2011 which ended in a stipulated dismissal in which Crisman agreed not to challenge the FBI's search or its invocation of the privacy exemptions. She filed another series of FOIA and Privacy Act requests in 2012, which formed the basis of her current suit. Crisman claimed the FBI had improperly redacted information in three pages under the deliberative process privilege. Chutkan agreed that the agency had not substantiated its claim. She noted that "the Declaration does nothing more than recite the legal standards of the deliberative process privilege and therefore cannot justify summary judgment with respect to the FBI's withholdings under Exemption (b)(5)." Crisman asked for damages under the Privacy Act, arguing that the FBI had failed to follow its own procedures for classifying the FISA Alert. The agency contended that Crisman's claim was time-barred. Chutkan disagreed, pointing out that "given that Plaintiff filed her Complaint on November 19, 2012 �" less than six months after Crisman learned of the FBI's allegedly improper conduct �" the court finds that Crisman's claim for damages under the Privacy Act is not time-barred." But she found that since the FBI's Privacy Act regulations exempted its Central Records System, Crisman's claim for damages was prohibited.
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the FBI has resolved her previous concerns about three documents withheld from Nancy Crisman under Exemption 5 (privileges) by disclosing two of them after deciding that there would be no foreseeable harm from disclosure and by sufficiently explaining that redactions in the third document were appropriate under the deliberative process privilege. Crisman lost her job as a corporate nurse working at the Federal Reserve because the FBI mistakenly recorded a document it received from the Financial Institution Security Association as pertaining to the Foreign Intelligence Surveillance Act. Crisman filed a FOIA/Privacy Act request with the FBI for records about herself. By the time Chutkan resolved the case, the FBI was still withholding parts of three documents under Exemption 5. Chutkan noted that "the FBI conducted an additional review of the documents over which it was asserting the (b)(5) exemption. The FBI concluded that two of the three documents withheld could be released in full because of the new law, the FOIA Improvement Act, directing agencies to withhold information only if it is reasonably foreseeable that disclosure would harm an interest protected by the exemption." As to the third document, Chutkan pointed out that the agency's further explanations were sufficient to support its deliberative process privilege claim because "it is apparent that the first redaction protects inter-agency communications about an employee's recommendation for handing a Freedom of Information Act/Privacy Act request, and the second redaction relates to intra-agency communications about an employee's advice based on anticipated [Office of Information Policy] responses; both are permissible purposes for asserting the FOIA (b)(5) exemption."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional

Date Filed	Doc #	Docket Text
2012-11-19	1	COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0090-3136288) filed by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Civil Cover Sheet)(McClanahan, Kelly) (Attachment 1 replaced on 11/20/2012) (jf, ). (Entered: 11/19/2012)
2012-11-19	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL SECURITY COUNSELORS (McClanahan, Kelly) (Main Document 2 replaced on 11/20/2012) (jf, ). (Entered: 11/19/2012)
2012-11-19		Case Assigned to Judge Emmet G. Sullivan. (mmh) (Entered: 11/19/2012)
2012-11-20	3	NOTICE (Summonses) by NANCY GALE CRISMAN re 1 Complaint, (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(McClanahan, Kelly) (Entered: 11/20/2012)
2012-11-21	4	ELECTRONIC (6) SUMMONS Issued as to BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 11/21/2012)
2012-12-07	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM served on 11/26/2012; DEPARTMENT OF HOMELAND SECURITY served on 11/26/2012; DEPARTMENT OF JUSTICE served on 11/26/2012; OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE served on 11/26/2012, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/26/2012., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/28/2012. ( Answer due for ALL FEDERAL DEFENDANTS by 1/27/2013.) (Attachments: # 1 Exhibit A - USPS letter)(McClanahan, Kelly) Modified on 12/8/2012 (jf, ). (Entered: 12/07/2012)
2012-12-20	6	NOTICE of Appearance by Oliver W. McDaniel on behalf of All Defendants (McDaniel, Oliver) (Entered: 12/20/2012)
2012-12-20	7	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 12/20/2012)
2012-12-20		MINUTE ORDER granting 7 defendants' consent motion for extension of time to respond to the complaint. Defendants shall file their response to the complaint by no later than January 28, 2013. Signed by Judge Emmet G. Sullivan on December 20, 2012. (lcegs4) (Entered: 12/20/2012)
2012-12-27		Set/Reset Deadlines: Answer due by 1/28/2013, (clv, ) (Entered: 12/27/2012)
2013-01-25	8	MOTION for Extension of Time to File Answer re 1 Complaint, (Partial Consent) by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 01/25/2013)
2013-01-25		MINUTE ORDER treating as partially opposed and granting over partial opposition 8 defendants' motion for extension of time to respond to the Complaint. Defendants shall respond to the Complaint by no later than February 21, 2013. Signed by Judge Emmet G. Sullivan on January 25, 2013. (lcegs4) (Entered: 01/25/2013)
2013-01-28		Set/Reset Deadlines: Answer due by 2/21/2013, (clv, ) (Entered: 01/28/2013)
2013-02-21	9	Consent MOTION for Extension of Time to File Answer re 1 Complaint, (until March 14, 2013) by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 02/21/2013)
2013-02-25		MINUTE ORDER granting 9 consent motion for extension of time. Defendants shall file their responses to the complaint by no later than March 14, 2013. Signed by Judge Emmet G. Sullivan on February 25, 2013. (lcegs4) (Entered: 02/25/2013)
2013-03-14	10	Consent MOTION for Extension of Time to File Answer re 1 Complaint, (TWO-BUSINESS-DAY) by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 03/14/2013)
2013-03-15		MINUTE ORDER granting 10 defendants' unopposed motion for extension of time to respond to Complaint. Defendants shall file their response to the Complaint by no later than March 18, 2013. Signed by Judge Emmet G. Sullivan on March 15, 2013. (lcegs4) (Entered: 03/15/2013)
2013-03-18		Set/Reset Deadlines: Answer due by 3/18/2013, (clv, ) (Entered: 03/18/2013)
2013-03-18	11	ANSWER to Complaint by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.(McDaniel, Oliver) (Entered: 03/18/2013)
2013-03-19	12	ORDER FOR MEET AND CONFER REPORT. Attorney Meet and Confer Conference due by 4/09/2013. Meet & Confer Statement due by 4/16/2013. Signed by Judge Emmet G. Sullivan on 03/19/13. (mac) (Entered: 03/19/2013)
2013-04-16	13	Joint MOTION for Extension of Time to File Meet and Confer Report (until April 23, 2013) by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 04/16/2013)
2013-04-16		MINUTE ORDER. Upon consideration of 13 the parties' joint motion for extension of time to submit a meet and confer report so that they may focus on settlement discussions, the motion is GRANTED. The parties shall file their meet and confer report by no later than April 25, 2013. Signed by Judge Emmet G. Sullivan on April 16, 2013. (lcegs4) (Entered: 04/16/2013)
2013-04-17		Set/Reset Deadlines: Meet & Confer Statement due by 4/25/2013. (clv, ) (Entered: 04/17/2013)
2013-04-25	14	MEET AND CONFER STATEMENT. (McDaniel, Oliver) (Entered: 04/25/2013)
2013-04-26		MINUTE ORDER. The Court, sua sponte, schedules a status hearing on May 1, 2013 at 12:15 PM in Courtroom 24A to discuss the parties' meet and confer report. Signed by Judge Emmet G. Sullivan on April 26, 2013. (lcegs4) (Entered: 04/26/2013)
2013-04-26		Set/Reset Hearings: Status Conference set for 5/1/2013 12:15 PM in Courtroom 24A before Judge Emmet G. Sullivan. (clv, ) (Entered: 04/26/2013)
2013-05-01		Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 5/1/2013. Order To Be Issued. (Court Reporter SUSAN TYNER.) (mac) (Entered: 05/01/2013)
2013-05-02		MINUTE ORDER. Upon consideration of the joint meet and confer statement, and pursuant to the parties' consent during the status hearing held on the record on May 1, 2013, the parties are directed to comply with the following schedule. The parties shall continue to engage in settlement negotiations until May 31, 2013. If at any point in time, they desire to have a mediator from the District Court's mediation program appointed to assist with settlement discussions, the parties shall electronically file a motion captioned "Joint Motion for Appointment of a Mediator." If this case settles in whole or in part, counsel are directed to notify the Court by filing a stipulation. In the event this case does not settle, defendants' motion for summary judgment shall be filed no later than July 15, 2013. To the extent applicable, defendants shall prepare and file a Vaughn index and the administrative record by no later than that same date. Plaintiffs' opposition shall be filed no later than August 15, 2013. If plaintiffs choose to file a cross-motion, it shall be combined with the opposition and filed on the same date. Defendants' reply and, if applicable, combined opposition shall be filed no later than September 16, 2013. Plaintiffs' reply, if applicable, shall be filed no later than October 1, 2013. These dates are firm and will not be moved absent exigent circumstances. SO ORDERED. Signed by Judge Emmet G. Sullivan on May 2, 2013. (lcegs4) (Entered: 05/02/2013)
2013-05-02		Set/Reset Deadlines: Vaughn Indes and Administrative Record due by 7/15/2013; Summary Judgment Motion due by 7/15/13; response and Cross Motions due by 8/15/2013; reply and Response to Cross Motions due by 9/16/201;. Reply to Cross Motions due by 10/1/2013. (clv, ) (Entered: 05/02/2013)
2013-07-12	15	Consent MOTION for Extension of Time to Submit Briefing (by One Month) by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 07/12/2013)
2013-07-12		MINUTE ORDER granting 15 defendants' consent motion for extension of briefing schedule so that the parties may continue to focus on settlement. If this case settles in whole or in part, counsel are directed to notify the Court by filing a stipulation. In the event this case does not settle, defendants' motion for summary judgment shall be filed no later than August 15, 2013. To the extent applicable, defendants shall prepare and file a Vaughn index and the administrative record by no later than that same date. Plaintiffs' opposition shall be filed no later than September 16, 2013. If plaintiffs choose to file a cross-motion, it shall be combined with the opposition and filed on the same date. Defendants' reply and, if applicable, combined opposition shall be filed no later than October 16, 2013. Plaintiffs' reply, if applicable, shall be filed no later than November 1, 2013. SO ORDERED. Signed by Judge Emmet G. Sullivan on July 12, 2013. (lcegs4) (Entered: 07/12/2013)
2013-07-12		Set/Reset Deadlines: Summary Judgment Motion due by 8/15/13; Vaughn Index and administrative record due by 8/15/13; Response and Cross Motions due by 9/16/2013; Reply and Response to Cross Motions due by 10/16/2013. Reply to Cross Motions due by 11/1/2013.. (clv, ) (Entered: 07/12/2013)
2013-08-15	16	MOTION for Mediation (Circuit Executive's Alternative Dispute Resolution (ADR) Program) , MOTION to Stay Pending Resolution of ADR by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 08/15/2013)
2013-09-03	17	Memorandum in opposition to re 16 MOTION for Mediation (Circuit Executive's Alternative Dispute Resolution (ADR) Program) MOTION to Stay Pending Resolution of ADR filed by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Exhibit A - McDaniel-McClanahan email, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/03/2013)
2013-09-09	18	REPLY to opposition to motion re 16 MOTION for Mediation (Circuit Executive's Alternative Dispute Resolution (ADR) Program) MOTION to Stay Pending Resolution of ADR filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (McDaniel, Oliver) (Entered: 09/09/2013)
2013-09-11		MINUTE ORDER. Pending before the Court is 16 Defendants' Motion for a Stay and Referral to this Court's Mediation Program, which plaintiffs strongly oppose. In light of the fact that plaintiffs do not agree to mediate, the Court is unwilling to waste the valuable time of a seasoned mediator. If at any future time the parties desire to have a mediator from the District Court's mediation program appointed to assist with settlement discussions, the parties shall electronically file a motion captioned "Joint Motion for Appointment of a Mediator." Accordingly, it is hereby ORDERED that defendants' motion is denied. It is FURTHER ORDERED that defendants' motion for summary judgment shall be filed no later than October 11, 2013.To the extent applicable, defendants shall prepare and file a Vaughn index and the administrative record by no later than that same date. Plaintiffs' opposition shall be filed no later than November 12, 2013. If plaintiffs choose to file a cross-motion, it shall be combined with the opposition and filed on the same date. Defendants' reply and, if applicable, combined opposition shall be filed no later than December 9, 2013. Plaintiffs' reply, if applicable, shall be filed no later than December 23, 2013. SO ORDERED.Signed by Judge Emmet G. Sullivan on September 11, 2013. (lcegs4) (Entered: 09/11/2013)
2013-09-12		Set/Reset Deadlines: Defendant's Summary Judgment motions due by 10/11/2013. Defendant Vaughn Index due by 10/11/2013. Defendant Administrative Record due by 10/11/2013. Plaintiff Opposition to Motion for Summary Judgment due by 11/12/2013. Defendant's Reply to Motion for Summary Judgment due by 12/9/2013. Plaintiff's Replies due by 12/23/2013. (mac) (Entered: 09/12/2013)
2013-10-01	19	Consent MOTION to Stay Case Because of Lapse of Appropriations by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 10/01/2013)
2013-10-01		MINUTE ORDER granting 19 unopposed request for stay of the proceedings in light of the government shutdown. The government shall notify the Court as soon as Congress has appropriated funds for the Department of Justice, shall request that the stay be lifted, and shall set forth proposed new deadlines in this matter commensurate with the duration of the lapse in appropriations. Signed by Judge Emmet G. Sullivan on October 1, 2013. (lcegs4) (Entered: 10/01/2013)
2013-10-02		Case Stayed (mac) (Entered: 10/02/2013)
2013-10-21	20	NOTICE OF RESUMPTION OF GOVERNMENT OPERATIONS by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (McDaniel, Oliver) (Entered: 10/21/2013)
2013-10-22		MINUTE ORDER. In view of the end of the government shut down, the parties are directed to file a proposed revised briefing schedule by no later than October 24, 2013. Signed by Judge Emmet G. Sullivan on October 22, 2013. (lcegs4) (Entered: 10/22/2013)
2013-10-24	21	WITHDRAWN PURSUANT TO 22 NOTICE OF WITHDRAWAL..... NOTICE OF JOINT PROPOSED BRIEFING SCHEDULE by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (McDaniel, Oliver) Modified on 10/28/2013 (jf, ). (Entered: 10/24/2013)
2013-10-25	22	NOTICE OF WITHDRAWAL OF NOTICE OF JOINT PROPOSED BRIEFING SCHEDULE by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 21 Notice (Other) (McDaniel, Oliver) (Entered: 10/25/2013)
2013-10-25	23	MOTION for Extension of Time to File Briefs (Partially Unopposed) by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 10/25/2013)
2013-10-25	24	NOTICE OF FILING DECLARATION OF DAVID M. HARDY by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 23 MOTION for Extension of Time to File Briefs (Partially Unopposed) (Attachments: # 1 Declaration of David M. Hardy and Exhibit A)(McDaniel, Oliver) (Entered: 10/25/2013)
2013-10-29		MINUTE ORDER treating as partially opposed and granting over partial opposition 23 defendants' motion for extension of briefing schedule. Defendants' motion for summary judgment shall be filed by no later than December 2, 2013, and Vaughn indices/administrative records shall be filed by no later than that same date. Plaintiffs' opposition and cross motion, if any, shall be filed by no later than January 9, 2014. Defendants' reply and opposition to cross motion, if any, shall be filed by no later than February 11, 2014, and plaintiffs' reply in support of cross motion, if any, shall be filed by no later than February 25, 2104. No further extensions of time will be granted absent exigent circumstances. Signed by Judge Emmet G. Sullivan on October 29, 2013. (lcegs4) (Entered: 10/29/2013)
2013-10-29		Set/Reset Deadlines: Defendant's Summary Judgment motion due by 12/2/2013. Administrative Record due by 12/2/2013. Plaintiff Response to Motion for Summary Judgment due by 1/9/2014. Defendant's Reply to Opposition due by 2/11/2014. Plaintiff Reply in Support of Cross Motion due by 2/25/2014. (mac) (Entered: 10/29/2013)
2013-12-02	25	Consent MOTION for Extension of Time to File Motion for Summary Judgment (for One Business Day) by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 12/02/2013)
2013-12-03		MINUTE ORDER granting 25 consent motion for one day extension of time. Defendants shall file their summary judgment motion by no later than December 3, 2013. Signed by Judge Emmet G. Sullivan on December 3, 2013. (lcegs4) (Entered: 12/03/2013)
2013-12-03		Set/Reset Deadlines: Defendant's Summary Judgment motion due by 12/3/2013. (mac) (Entered: 12/03/2013)
2013-12-03	26	MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Memorandum in Support)(McDaniel, Oliver) (Entered: 12/03/2013)
2013-12-04	27	MOTION for Leave to File Late Exhibits and a Statement Of Material Facts Not In Genuine Dispute In Support Of Defendants' Motion for Summary by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order, # 2 Ex. 1 (Stipulation of Dismissal), # 3 Ex. 2 (Other Complaint), # 4 Ex. 3 (2nd Declaration of David Hardy), # 5 Ex. 3 (Exhibits A - X of Hardy Dec.), # 6 Ex. 3 (Exhibit Z to Hardy Dec.), # 7 SEALED PER COUNSEL. . . . Ex. 4 (Declaration of James Holzer and Exhibits), # 8 Ex. 5 (Declaration of David Caperton and Exhibits), # 9 Ex. 6 (Declaration of Jennifer Hudson and Exhibits), # 10 Statement of Facts)(McDaniel, Oliver) Modified on 12/6/2013 (td, ). (Entered: 12/04/2013)
2013-12-04	28	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Ex. 3 (Exhibit Y - Part 1 to Hardy Dec.), # 3 Ex. 3 (Exhibit Y - Part 2 to Hardy Dec.))(McDaniel, Oliver) (Entered: 12/04/2013)
2013-12-04	29	NOTICE OF FILING REDACTED EXHIBIT Y TO EXHIBIT 3, DECLARATION OF DAVID M. HARDY, IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 27 MOTION for Leave to File Late Exhibits and a Statement Of Material Facts Not In Genuine Dispute In Support Of Defendants' Motion for Summary , 26 MOTION for Summary Judgment (Attachments: # 1 Exhibit 3 (Ex. Y (redacted) to Hardy Dec. - Part 1), # 2 Exhibit 3 (Ex. Y (redacted) to Hardy Dec. - Part 2))(McDaniel, Oliver) (Entered: 12/04/2013)
2013-12-05		MINUTE ORDER granting 27 defendants' motion for leave to late file statement of material facts and exhibits in support of the motion for 26 summary judgment. Defendants' statement of material facts and exhibits in support of motion for summary judgment are hereby deemed filed. Signed by Judge Emmet G. Sullivan on December 5, 2013. (lcegs4) (Entered: 12/05/2013)
2013-12-05	31	STATEMENT OF MATERIAL FACTS re 26 MOTION for Summary Judgment filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Exhibits, # 2 Exhibits)(jf, ) (Entered: 12/11/2013)
2013-12-06	30	NOTICE OF FILING CORRECTED EXHIBIT 4, DECLARATION OF JAMES HOLZER, IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 26 MOTION for Summary Judgment (Attachments: # 1 Exhibit 4 (Declaration of James Holzer and Exhibits))(McDaniel, Oliver) (Entered: 12/06/2013)
2013-12-09	32	SEALED ORDER re 28 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (This document is SEALED and only available to authorized persons) filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, DEPARTMENT OF HOMELAND SECURITY.(This document is SEALED and only available to authorized persons.)Signed by Judge Emmet G. Sullivan on 12/05/13.(zmac) (Entered: 12/11/2013)
2013-12-09	33	SEALED Exhibit Y re 31 STATEMENT OF MATERIAL FACTS re 26 MOTION for Summary Judgment filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, DEPARTMENT OF HOMELAND SECURITY. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Part 2)(zjf, ) (Entered: 12/17/2013)
2014-01-09	34	Consent MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 01/09/2014)
2014-01-13		MINUTE ORDER granting 34 plaintiffs' consent motion for extension of time. Plaintiffs' opposition to defendants' motion for summary judgment shall be filed by no later than January 16, 2014. Signed by Judge Emmet G. Sullivan on January 13, 2014. (lcegs4) (Entered: 01/13/2014)
2014-01-13		Set/Reset Deadlines: Plaintiff Opposition to Defendant'sMotion for Summary Judgment due by 1/16/2014. (mac) (Entered: 01/13/2014)
2014-01-15	35	MOTION to Stay re 26 MOTION for Summary Judgment by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Exhibit A - Ibrahim order, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 01/15/2014)
2014-01-29	36	Memorandum in opposition to re 35 MOTION to Stay re 26 MOTION for Summary Judgment filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (McDaniel, Oliver) (Entered: 01/29/2014)
2014-01-29	37	Cross MOTION for Briefing Schedule (New) by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 01/29/2014)
2014-02-05	38	REPLY to opposition to motion re 35 MOTION to Stay re 26 MOTION for Summary Judgment filed by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (McClanahan, Kelly) (Entered: 02/05/2014)
2014-02-05	39	Memorandum in opposition to re 37 Cross MOTION for Briefing Schedule (New) filed by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 02/05/2014)
2014-02-13		MINUTE ORDER granting 35 plaintiffs' motion to stay and denying 37 defendants' cross motion for briefing schedule. "A trial court has broad discretion to stay all proceedings in an action pending the resolution of independent proceedings elsewhere." Hisler v. Gallaudet Univ., 344 F.Supp.2d29, 35 (D.D.C. 2004) (citing Landis v. North Am. Co., 299 U.S. 248, 254 (1936)). The court "must weigh competing interests and maintain an even balance," when determining when to stay a proceeding. Landis, 299 U.S. at 254. "The power to stay proceedings is... inherent in every court to control thedisposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants." Air Line Pilots Ass'n v. Miller, 523 U.S. 866, 879 n.6 (1998) (quoting Landis, 299 U.S. at 254-55). "Indeed, a trial court may, with propriety, find it is efficient for its own docket and the fairest course for the parties to enter a stay of an action before it pending resolution of independent proceedings which bear upon the case." IBT/HERE Employee Representatives Councilv. Gate Gourmet Div. Ams., 402 F.Supp.2d 289, 292 (D.D.C. 2005). For substantially the reasons stated in plaintiffs' motion to stay the case and reply in support thereof, the Court will, in the exercise of its sound discretion, STAY this case for a limited period of time, until April 22, 2014, in order to provide plaintiffs the opportunity to address Judge Alsup's unsealed, or partially unsealed, memorandum opinion in Ibrahim v. DHS, No. 06-545 (N.D. Cal.). Plaintiffs' opposition to defendants' motion for summary judgment and cross motion, if any, shall be filed by no later than April 22, 2014. Defendants' reply and opposition to cross motion, if any, shall be filed by no later than May 22, 2014, and plaintiffs' reply in support of cross motion, if any, shall be filed by no later than June 5, 2014. SO ORDERED. Signed by Judge Emmet G. Sullivan on February 13, 2014. (lcegs4) (Entered: 02/13/2014)
2014-04-18	40	MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/18/2014)
2014-04-18		MINUTE ORDER treating as opposed and granting over objection 40 plaintiffs' motion for extension of time. Plaintiffs' opposition to defendants' motion for summary judgment shall be filed by no later than April 28, 2014. Signed by Judge Emmet G. Sullivan on April 18, 2014. (lcegs2) (Entered: 04/18/2014)
2014-04-24		Set/Reset Deadlines: Plaintiff's Opposition to Defendant's Motion for Summary Judgment due by 4/28/2014. (mac) (Entered: 04/24/2014)
2014-04-29	41	Memorandum in opposition to re 26 MOTION for Summary Judgment filed by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Exhibit A - NSD response letter, # 2 Exhibit B - Jones-McClanahan appeal correspondence, # 3 Exhibit C - McClanahan-McDaniel email, # 4 Exhibit D - April 2004 transmittal notice, # 5 Exhibit E - May 2004 transmittal notice, # 6 Exhibit F - FRB-OPM notice of termination, # 7 Exhibit G - Ibrahim declarations, # 8 Exhibit H - Ibrahim opinion, # 9 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/29/2014)
2014-04-29	42	Consent MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment (Nunc Pro Tunc) by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/29/2014)
2014-04-30		MINUTE ORDER granting, nunc pro tunc, 42 plaintiffs' motion for one day extension to file opposition to the government's motion for summary judgment. Signed by Judge Emmet G. Sullivan on April 30, 2014. (lcegs4) (Entered: 04/30/2014)
2014-05-15	43	MOTION to Modify the Current Briefing Schedule or, alternatively, , MOTION for Extension of Time to File Response/Reply (Partial Consent) by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 05/15/2014)
2014-05-20	44	NOTICE OF PLAINTIFFS' FULL CONSENT TO DEFENDANTS' MOTION TO MODIFY THE CURRENT BRIEFING SCHEDULE OR, ALTERNATIVELY, TO EXTEND THE TIME FOR DEFENDANTS TO FILE THEIR REPLY BRIEF by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 43 MOTION to Modify the Current Briefing Schedule or, alternatively, MOTION for Extension of Time to File Response/Reply (Partial Consent) (McDaniel, Oliver) (Entered: 05/20/2014)
2014-05-23		MINUTE ORDER granting defendants' request to modify the briefing schedule. The revised schedule shall be as follows: by no later than June 10, 2014 Defendants shall file their Reply in Support of their First Motion for Summary Judgment (MSJ) and Second MSJ; by no later than July 14, 2014 Plaintiffs shall file their Second Opposition and, if applicable, Cross-Motion for Summary Judgment; by no later than August 12, 2014 Defendants shall file their Reply in support of their Second MSJ and, if applicable, Cross-Opposition; by no later than September 5, 2014, plaintiffs shall file their Reply in support of their Cross-Motion, if applicable. Signed by Judge Emmet G. Sullivan on May 23, 2014. (lcegs4) (Entered: 05/23/2014)
2014-05-23		Set/Reset Deadlines: Defendants Shall File Reply In Support of First And Second Motion For Summary Judgment due by 6/10/14. Plaintiff's Shall File Their Second Opposition And If Applicable, Cross Motion For Summary Judgment ue by 7/14/14. Defendants Shall File Their Reply In Support Of Their Second Motion For Summary Judgment And, If Applicable, Cross-Oppostion due by 8/12/14. Plaintiffs Shall File Their Reply In Support Of Their Cross-Motion, If Applicable, due by 9/5/14. (mac) (Entered: 05/23/2014)
2014-06-10	45	REPLY to opposition to re 26 First Motion for SUmmary Judgment filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (McDaniel, Oliver) Modified on 6/11/2014 (jf, ). (Entered: 06/10/2014)
2014-06-10	46	Second MOTION for Summary Judgment and to Dismiss by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Memorandum in Support)(McDaniel, Oliver) (Entered: 06/11/2014)
2014-06-11		Case reassigned to Judge Tanya S. Chutkan. Judge Emmet G. Sullivan no longer assigned to the case. (ztnr, ) (Entered: 06/11/2014)
2014-07-14	47	Consent MOTION for Extension of Time to File Response/Reply as to 46 Second MOTION for Summary Judgment and to Dismiss by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/14/2014)
2014-07-14	48	NOTICE of Circumstances Necessitating Requested Modification of Briefing Schedule by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 47 Consent MOTION for Extension of Time to File Response/Reply as to 46 Second MOTION for Summary Judgment and to Dismiss (McDaniel, Oliver) (Entered: 07/14/2014)
2014-07-31	49	Consent MOTION for Extension of Time to File Response/Reply as to 46 Second MOTION for Summary Judgment and to Dismiss by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/31/2014)
2014-08-15		MINUTE ORDER: Finding as moot 47 Consent Motion for Extension of Time to File Response/Reply ; Granting 49 Consent Motion for Extension of Time to File Response/Reply ; Set/Reset Deadlines: Plaintiffs' Response due by 8/18/2014. Defendants' Reply due by 9/30/2014. Plaintiffs' Reply due by 10/21/2014. Signed by Judge Tanya S. Chutkan on 8/15/14. (djs) (Entered: 08/15/2014)
2014-08-19	50	Memorandum in opposition to re 46 Second MOTION for Summary Judgment and to Dismiss filed by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Exhibit A - Watchlisting Guidance, # 2 Exhibit B - National Foreign Intelligence Program Manual, # 3 Exhibit C - 2003 QFR responses, # 4 Exhibit D - Crisman declaration, # 5 Exhibit E - 2009 QFR responses, # 6 Exhibit F - 1999 delegation memo, # 7 Exhibit G - Crisman JMD response, # 8 Exhibit H - NSC JMD response, # 9 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/20/2014)
2014-08-20	51	NOTICE of Filing Corrected Exhibit by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS re 50 Memorandum in Opposition,, (Attachments: # 1 Exhibit D - Crisman declaration)(McClanahan, Kelly) (Entered: 08/20/2014)
2014-09-09	52	MOTION for Leave to File Additional Exhibits by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Exhibit I - VGTOF EC, # 2 Exhibit J - May 2001 AG memo, # 3 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/09/2014)
2014-09-09	53	ERRATA by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS 52 MOTION for Leave to File Additional Exhibits filed by NATIONAL SECURITY COUNSELORS, NANCY GALE CRISMAN. (McClanahan, Kelly) (Entered: 09/09/2014)
2014-09-26	54	Consent MOTION for Extension of Time to File Response/Reply as to 46 Second MOTION for Summary Judgment and to Dismiss , MOTION for Extension of Time to File Opposition to 52 Plaintiffs' Motion for Leave to File Additional Exhibits by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 09/26/2014)
2014-09-27		MINUTE ORDER: Granting 54 Consent Motion for Extension of Time to File. Defendants' Combined Reply Memorandum Supporting their Second Motion for Summary Judgment and their Opposition to Plaintiff's Motion shall be filed not later than 10/3/2014. Signed by Judge Tanya S. Chutkan on 9/27/14. (DJS) (Entered: 09/27/2014)
2014-09-29		Set/Reset Deadlines: Defendant's Reply Memorandum supporting their Second Motion for Summary Judgment and their Opposition to Plaintiff's Motion due by 10/3/2014. (sm) (Entered: 09/29/2014)
2014-10-03	55	Memorandum in opposition to re 52 MOTION for Leave to File Additional Exhibits filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (McDaniel, Oliver) (Entered: 10/03/2014)
2014-10-03	56	REPLY to opposition to motion re 46 Second MOTION for Summary Judgment and to Dismiss and Supplemental Memorandum filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (McDaniel, Oliver) (Entered: 10/03/2014)
2014-10-15	57	REPLY to opposition to motion re 52 MOTION for Leave to File Additional Exhibits filed by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Exhibit A)(McClanahan, Kelly) (Entered: 10/15/2014)
2015-07-21	58	NOTICE of Change of Address by Kelly Brian McClanahan (McClanahan, Kelly) (Entered: 07/21/2015)
2015-08-20	59	NOTICE OF SUPPLEMENTAL AUTHORITY by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Exhibit K - DOJ guidance)(McClanahan, Kelly) (Entered: 08/20/2015)
2016-05-27	60	NOTICE OF SUBSTITUTION OF COUNSEL by Brian J. Field on behalf of All Defendants Substituting for attorney Oliver W. McDaniel (Field, Brian) (Entered: 05/27/2016)
2018-04-19	61	Unopposed MOTION for Hearing Status Conference by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) Modified event title on 4/23/2018 (znmw). (Entered: 04/19/2018)
2018-09-18	62	MEMORANDUM AND OPINION regarding 26 Defendants' First Motion for Summary Judgment, 46 Defendants' Second Motion for Summary Judgment and to Dismiss, and 52 Plaintiffs' Motion for Leave to File Additional Exhibits. Signed by Judge Tanya S. Chutkan on 9/18/2018. (lctsc2). (Entered: 09/18/2018)
2018-09-18	63	ORDER: Granting in part and denying in part Defendants' 26 First Motion for Summary Judgment and 46 Second Motion for Summary Judgment and to Dismiss. The order also grants 52 Plaintiffs' Motion for Leave to File Additional Exhibits. The Department of Justice is hereby ordered to submit a declaration that provides more details regarding the application of the deliberative process and work product privileges to the information withheld pursuant to Exemption (b)(5). This declaration is due by October 2, 2018. Signed by Judge Tanya S. Chutkan on 9/18/2018. (lctsc2). Modified on 9/19/2018 (DJS). (Entered: 09/18/2018)
2018-09-25		MINUTE ORDER: Denying 61 without prejudice Plaintiffs' Motion for Hearing. Signed by Judge Tanya S. Chutkan on 9/25/18. (DJS) (Entered: 09/25/2018)
2018-09-28	64	MOTION for Extension of Time to File Supplemental Declaration by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Field, Brian) (Entered: 09/28/2018)
2018-10-01		MINUTE ORDER: Defendants' 64 Motion for Extension of Time is hereby GRANTED. The Department of Justice shall submit its supplemental declaration concerning Exemption (b)(5) by November 2, 2018. Signed by Judge Tanya S. Chutkan on 10/1/2018. (lctsc2). (Entered: 10/01/2018)
2018-10-02		Set/Reset Deadlines: Supplemental declaration due by 11/2/2018. (tb) (Entered: 10/02/2018)
2018-11-01	65	NOTICE of filing of Third Hardy Declaration by DEPARTMENT OF JUSTICE re Order on Motion for Extension of Time to, (Attachments: # 1 Declaration Third Hardy Declaration)(Field, Brian) (Entered: 11/01/2018)
2019-03-25	66	SUPPLEMENTAL MEMORANDUM OPINION regarding Defendants' First Motion 26 for Summary Judgment. Signed by Judge Tanya S. Chutkan on 3/25/2019. (lctsc1) (Entered: 03/25/2019)
2019-03-25	67	ORDER granting Defendants' First Motion 26 for Summary Judgment with respect to Count Two. Signed by Judge Tanya S. Chutkan on 3/25/2019. (lctsc1) (Entered: 03/25/2019)
2019-03-25		MINUTE ORDER: On or before March 29, 2019, the parties shall file a joint status report advising whether this case can be closed. Signed by Judge Tanya S. Chutkan on 3/25/2019. (lctsc1) (Entered: 03/25/2019)
2019-03-26		Set/Reset Deadline: The parties shall file a Joint Status Report by 3/29/2019 advising whether this case can be closed. (jth) (Entered: 03/26/2019)
2019-03-29	68	Joint STATUS REPORT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Field, Brian) (Entered: 03/29/2019)
2019-04-04		MINUTE ORDER: Having considered the parties' joint status report 68 , it is hereby ordered that the parties shall file another joint report by 4/30/19 and every 30 days thereafter. To the extent the report contains a proposed briefing schedule, the report shall include a proposed order. Signed by Judge Tanya S. Chutkan on 4/4/19. (DJS) (Entered: 04/04/2019)
2019-04-05		Set/Reset Deadlines: Joint Status Report due by 4/30/2019. (tb) (Entered: 04/05/2019)
2019-04-30	69	Joint STATUS REPORT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Field, Brian) (Entered: 04/30/2019)
2019-05-30	70	Joint STATUS REPORT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Field, Brian) (Entered: 05/30/2019)
2019-07-01	71	Joint STATUS REPORT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Field, Brian) (Entered: 07/01/2019)
2019-07-24	72	Consent MOTION for Extension of Time to file Joint Status Report by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Field, Brian) (Entered: 07/24/2019)
2019-07-24		MINUTE ORDER: Granting 72 Consent Motion for Extension of Deadlines. The parties shall file a joint status report and proposed order by August 7, 2019. Signed by Judge Tanya S. Chutkan on 7/24/19. (DJS) (Entered: 07/24/2019)
2019-07-26		Set/Reset Deadlines: Joint Status Report due by 8/7/2019. (tb) (Entered: 07/26/2019)
2019-08-07	73	Joint STATUS REPORT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Field, Brian) (Entered: 08/07/2019)
2019-08-26		MINUTE ORDER: Having considered the parties' joint status report 73 , it is hereby ordered that the parties shall file another joint report by 9/3/19 and every 30 days thereafter. A proposed order shall be attached to the report to the extent the report contains a proposed production schedule or briefing schedule. Signed by Judge Tanya S. Chutkan on 8/26/19. (DJS) (Entered: 08/26/2019)
2019-08-27		Set/Reset Deadlines: Joint Status Report due by 9/3/2019. (tb) (Entered: 08/27/2019)
2019-09-03	74	Joint STATUS REPORT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Field, Brian) (Entered: 09/03/2019)
2019-10-03	75	Joint STATUS REPORT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Field, Brian) (Entered: 10/03/2019)
2019-11-04	76	Joint STATUS REPORT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Field, Brian) (Entered: 11/04/2019)
2019-12-04	77	STATUS REPORT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Field, Brian) (Entered: 12/04/2019)
2020-01-03	78	Joint STATUS REPORT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Field, Brian) (Entered: 01/03/2020)
2020-02-03	79	Joint STATUS REPORT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Exhibit)(Field, Brian) (Entered: 02/03/2020)
2020-03-03	80	Joint STATUS REPORT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Field, Brian) (Entered: 03/03/2020)
2020-04-03	81	Joint STATUS REPORT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Exhibit Pls.' Exhibit)(Field, Brian) (Entered: 04/03/2020)
2020-04-13		MINUTE ORDER: Having considered the parties' joint status report 81 , the court hereby orders the parties to file another joint status report by May 22, 2020. In that report, the Defendants shall provide: 1) a detailed explanation regarding the status of any ongoing searches; 2) a list of all agency searches that have concluded and are ready for release to the Plaintiff; and 3) the specific reasons any searches are currently hampered or have been hampered by Plaintiff's alleged failure to provide required or helpful additional information. To the extent the current national crisis has impacted the Defendants' search efforts, the Defendants shall explain the nature of the impact and provide a short declaration in support of Defendants' position. Signed by Judge Tanya S. Chutkan on 4/13/2020. (DJS) (Entered: 04/13/2020)
2020-04-13		Set/Reset Deadlines: Joint Status Report due by 5/22/2020. (tb) (Entered: 04/13/2020)
2020-05-22	82	Joint STATUS REPORT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Declaration Hardy Decl.)(Field, Brian) (Entered: 05/22/2020)
2020-06-02		MINUTE ORDER: Having considered the parties' joints status report 82 , it is hereby ordered that the parties shall adhere to the following deadlines: Defendants' Motion for Summary Judgment shall be filed by July 30, 2020. Plaintiffs' Combined Opposition and Cross-Motion for Summary Judgment shall be filed by August 31, 2020. Defendants' Combined Reply and Opposition shall be filed by September 30, 2020. Plaintiffs' Reply shall be filed by October 21, 2020. The parties are hereby reminded that pursuant to Local Civil Rule 5.1(d), footnotes "shall not be excessive" and shall appear in 12-pt. font. Failure to comply with this rule or any other relevant rule may result in the court sua sponte striking a parties' brief. Signed by Judge Tanya S. Chutkan on 6/2/2020. (DJS) (Entered: 06/02/2020)
2020-06-02		Set/Reset Deadlines: Cross Motion due by 8/31/2020. Response to Cross Motion due by 9/30/2020. Reply to Cross Motion due by 10/21/2020. Summary Judgment motion due by 7/30/2020. Response to Motion for Summary Judgment due by 8/31/2020. Reply to Motion for Summary Judgment due by 9/30/2020. (tb) (Entered: 06/02/2020)
2020-07-30	83	MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A (McFadden Decl.), # 4 Exhibit B (2d Holzer Decl.), # 5 Exhibit C (Proposal), # 6 Exhibit D (E-mails))(Field, Brian) (Entered: 07/30/2020)
2020-08-28	84	Consent MOTION to Modify Briefing Schedule by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/28/2020)
2020-08-28		MINUTE ORDER: Granting 84 Motion to Modify Briefing Schedule. Plaintiff's combined opposition/cross motion due September 30, 2020. Defendant' combined reply/opposition to cross-motion due October 30, 2020. Plaintiffs' reply due November 24, 2020. Signed by Judge Tanya S. Chutkan on 8/28/2020. (DJS) (Entered: 08/28/2020)
2020-08-28		Set/Reset Deadlines: Plaintiffs' combined opposition/cross motion due 9/30/2020; Defendants' combined reply/opposition to cross-motion due 10/30/2020. Plaintiffs' cross-reply due 11/24/2020. (jth) (Entered: 08/28/2020)
2020-09-30	85	Consent MOTION to Modify Briefing Schedule by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/30/2020)
2020-10-01		MINUTE ORDER: Granting 85 Motion to Modify Deadlines. Plaintiffs' Combined Opposition/Cross-Motion for Summary Judgment due 10/21/20. Defendants' Combined Reply/Opposition due 11/20/20. Plaintiffs' Reply due 12/15/20. Signed by Judge Tanya S. Chutkan on 10/1/2020. (DJS) (Entered: 10/01/2020)
2020-10-01		Set/Reset Deadlines: Cross Motion due by 10/21/2020. Response to Cross Motion due by 11/20/2020. Reply to Cross Motion due by 12/15/2020. Response to Motion for Summary Judgment due by 10/21/2020. Reply to Motion for Summary Judgment due by 11/20/2020. (tb) (Entered: 10/01/2020)
2020-10-21	86	Unopposed MOTION to Stay re 83 MOTION for Summary Judgment by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/21/2020)
2020-10-22		MINUTE ORDER: Plaintiffs' Unopposed motion 86 to stay is hereby GRANTED. All briefing in this case is hereby stayed pending further order of the court. Within 21 days after the Department of Homeland Security has completed prepublication review of all relevant materials, the parties shall meet, confer and file a joint status report and proposed order for moving forward with this case. Signed by Judge Tanya S. Chutkan on 10/22/2020. (DJS) (Entered: 10/22/2020)
2021-06-02	87	NOTICE OF SUBSTITUTION OF COUNSEL by Stephen DeGenaro on behalf of All Defendants Substituting for attorney Brian Field (DeGenaro, Stephen) (Entered: 06/02/2021)
2022-08-05		MINUTE ORDER: On 7/30/20 Defendant filed a Motion for Summary Judgment. Plaintiff received several extensions of his opposition due date and ultimately requested a stay with the consent of opposing counsel. On 10/22/20 the court granted the motion to stay and directed the parties to file a joint status report within 21 days of the Defendant's "prepublication review of all relevant materials." The parties have yet to file a joint status report and this case remains open on the court's active docket, despite inactivity (save for a substitution of counsel) since 10/22/20. Accordingly, it is hereby ordered that the Defendant's Motion for Summary Judgment 83 is DENIED without prejudice, with the right to seek leave to renew the motion or file a new motion in accordance with is "prepublication review." The parties shall file a joint status report by 8/15/22, and every 90 days thereafter. To the extent the parties request a change in the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 8/5/22. (DJS) (Entered: 08/05/2022)
2022-08-06		Set/Reset Deadlines: The parties shall file a Joint Status Report by 8/15/22, and every 90 days thereafter. To the extent the parties request a change in the status quo, the report shall be accompanied by a proposed order. (jth) (Entered: 08/06/2022)
2022-08-15	88	Joint STATUS REPORT by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 08/15/2022)
2022-08-21		MINUTE ORDER: Having considered the parties' joint status report, it is hereby ordered that that the parties shall adhere to the following deadlines: Defendants' Motion for Summary Judgment due September 23, 2022. Plaintiffs' Combined Cross Motion/Opposition due October 24, 2022. Defendants' Combined Opposition/Reply due November 23, 2022. Plaintiffs' Reply due December 23, 2022. Signed by Judge Tanya S. Chutkan on 8/21/22. (DJS) (Entered: 08/21/2022)
2022-08-23		Set/Reset Deadlines: Cross Motion due by 10/24/2022. Response to Cross Motion due by 11/23/2022. Reply to Cross Motion due by 12/23/2022. Summary Judgment motion due by 9/23/2022. Response to Motion for Summary Judgment due by 10/24/2022. Reply to Motion for Summary Judgment due by 11/23/2022. (tb) (Entered: 08/23/2022)
2022-09-23	89	MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A (McFadden Decl.), # 4 Exhibit B (2d Holzer Decl.), # 5 Exhibit C (Proposal), # 6 Exhibit D (E-mails), # 7 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 09/23/2022)
2022-10-24	90	Consent MOTION for Briefing Schedule (Modified) by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/24/2022)
2022-11-07		MINUTE ORDER: Granting 90 consent motion for Briefing Schedule. The Court modifies the existing briefing schedule as follows: Plaintiffs' Opposition and Cross-Motion for Summary Judgment is due on November 10, 2022. Defendants' Reply and Opposition to Cross-Motion is due on December 16, 2022. Plaintiffs' Reply for Cross-Motion is due on January 6, 2023. Signed by Judge Tanya S. Chutkan on 11/7/2022. (lcsr) (Entered: 11/07/2022)
2022-11-08		Set/Reset Deadlines: Cross Motion due by 11/10/2022. Response to Cross Motion due by 12/16/2022. Reply to Cross Motion due by 1/6/2023. Response to Motion for Summary Judgment due by 11/10/2022. Reply to Motion for Summary Judgment due by 12/16/2022. (tb) (Entered: 11/08/2022)
2022-11-10	91	Memorandum in opposition to re 89 Motion for Summary Judgment, filed by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Exhibit A - Chien tr. excerpt, # 2 Exhibit B - 1st 2019 email, # 3 Exhibit C - 2d 2019 email, # 4 Exhibit D - 1999 delegation memo, # 5 Exhibit E - DOJ classification guidance, # 6 Exhibit F - Crisman JMD response, # 7 Exhibit G - NSC JMD response, # 8 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/11/2022)
2022-11-11	92	Cross MOTION for Summary Judgment by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Exhibit A - Chien tr. excerpt, # 2 Exhibit B - 1st 2019 email, # 3 Exhibit C - 2d 2019 email, # 4 Exhibit D - 1999 delegation memo, # 5 Exhibit E - DOJ classification guidance, # 6 Exhibit F - Crisman JMD response, # 7 Exhibit G - NSC JMD response, # 8 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/11/2022)
2022-11-15	93	Consent MOTION for Extension of Time to File Cross-Motion for Summary Judgment by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 11/15/2022)
2022-12-05		MINUTE ORDER: Granting Plaintiffs' 93 Nunc Pro Tunc Consent Motion for Extension of Time to File Cross-Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 12/5/2022. (lcsr) (Entered: 12/05/2022)
2022-12-12	94	Consent MOTION for Extension of Time to File Response/Reply as to 89 MOTION for Summary Judgment , 92 Cross MOTION for Summary Judgment by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, US DEPT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 12/12/2022)
2023-01-26	95	Consent MOTION for Extension of Time to to File Response/Reply as to 89 MOTION for Summary Judgment, 92 Cross MOTION for Summary Judgment by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, US DEPT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 01/26/2023)
2023-01-27		MINUTE ORDER: Denying 94 Consent Motion for Extension of Time as moot and granting 95 Consent Motion for Extension of Time. Defendants' Combined Opposition to Plaintiffs' Motion for Summary Judgment and Reply in Support of Defendants' Motion for Summary Judgment is due February 13, 2023; Plaintiff's Reply in Support of Plaintiff's Motion for Summary Judgment is due March 7, 2023. Signed by Judge Tanya S. Chutkan on 1/27/2023. (lcsr) (Entered: 01/27/2023)
2023-01-30		Set/Reset Deadlines: Response to Cross Motion due by 2/13/2023. Reply to Cross Motion due by 3/7/2023. Reply to Motion for Summary Judgment due by 2/13/2023. (tb) (Entered: 01/30/2023)
2023-02-13	96	Memorandum in opposition to re 92 Motion for Summary Judgment, filed by DEPARTMENT OF HOMELAND SECURITY, US DEPT OF JUSTICE. (Attachments: # 1 Response to Plaintiffs' Statement of Facts, # 2 Exhibit A - Excerpts from Mobley Appellant Brief, # 3 Pavlik-Keenan Declaration, # 4 Seidel Declaration)(DeGenaro, Stephen) (Entered: 02/13/2023)
2023-02-13	97	REPLY to opposition to motion re 89 MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, US DEPT OF JUSTICE. (Attachments: # 1 Exhibit A - Excerpts from Mobley Appellant Brief, # 2 Pavlik-Keenan Declaration, # 3 Seidel Declaration)(DeGenaro, Stephen) (Entered: 02/13/2023)
2023-03-08	98	REPLY to opposition to motion re 92 Cross MOTION for Summary Judgment filed by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (McClanahan, Kelly) (Entered: 03/08/2023)
2023-03-08	99	Consent MOTION for Extension of Time to File Response/Reply as to 92 Cross MOTION for Summary Judgment by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/08/2023)
2023-03-09		MINUTE ORDER: Granting Plaintiffs' 99 Consent Motion for Extension of Time to File Reply. Signed by Judge Tanya S. Chutkan on 3/9/23. (lcsr) (Entered: 03/09/2023)
2023-03-14	100	NOTICE OF SUPPLEMENTAL AUTHORITY by NANCY GALE CRISMAN, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Exhibit H - NSC classification report request, # 2 Exhibit I - NSC classification report response)(McClanahan, Kelly) (Entered: 03/14/2023)
2023-08-25	101	RESPONSE re 100 NOTICE OF SUPPLEMENTAL AUTHORITY filed by DEPARTMENT OF HOMELAND SECURITY, US DEPT OF JUSTICE. (Attachments: # 1 Second Seidel Declaration)(DeGenaro, Stephen) Modified on 8/25/2023 to correct event (zjm). (Entered: 08/25/2023)
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