Case Detail

FOIA Project Annotation: A federal court in Massachusetts has ruled that the CIA conducted an adequate search for records concerning its role in the 1961 coup that installed General Park Chung-hee as the leader of South Korea and Park's subsequent assassination in 1979 and that it properly withheld records under Exemption 1 (national security) and Exemption 3 (other statutes). George Katsiaficas, a professor at Wentworth Institute of Technology, submitted a request for records pertaining to the coup and a separate request for records pertaining to Park's assassination. The agency disclosed 15 documents with redactions in response to the coup request. The agency disclosed 14 documents and withheld 16 documents in full in response to the assassination request. Katsiaficas argued that because of the extensive involvement of the United States with South Korea during the time when Park rose to power and his subsequent assassination, it did not seem plausible that the agency had so few responsive documents. But the court, siding with the agency, noted that "this claim, though it cites to the long history of South Korea's relationship with the United States, its merely speculative with regard to discoverable documents in the CIA's possession. Therefore, it is insufficient to rebut the presumption of good faith on the part of the CIA." Katsiaficas did not challenge the substance of the agency's exemption claims except to argue that the age of the documents and the friendly relationship between the U.S. and South Korea suggested that the disclosure would not harm national security. The court agreed with the agency's reasoning, pointing out that "even when a friendly nation is involved, revealing confidential sources' identities could expose aspects of the CIA's recruitment process, negatively impact sources and their families, and hurt the CIA's ability to recruit future confidential sources." Even though some of the records were more than 50 years old, the court observed that "the CIA determined that the information in these records was properly withheld under FOIA exemption (b)(1) because it relates to 'CIA intelligence methods still in use, would reveal a confidential human source, or would reveal government information that would impair the U.S. foreign relations with another country.'"
Issues: Search - Reasonableness of search, Exemption 1 - Harm to national security

Date Filed	Doc #	Docket Text
2013-04-29	1	COMPLAINT against U.S. Central Intelligence Agency . Filing fee: $ 350, receipt number 0101-4431592 (Fee Status: Filing Fee paid), filed by George Katsiaficas. (Attachments: # 1 Civil Cover Sheet, # 2 Catagory Form)(Berman, Neil) Modified to correct docket text on 4/30/2013 (Abaid, Kimberly). (Entered: 04/29/2013)
2013-04-30	2	ELECTRONIC NOTICE of Case Assignment. Judge William G. Young assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Abaid, Kimberly) (Entered: 04/30/2013)
2013-04-30	3	Summons Issued as to Central Intelligence Agency, U.S.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Abaid, Kimberly) (Entered: 04/30/2013)
2013-06-24	4	NOTICE of Appearance by Jennifer A. Serafyn on behalf of Central Intelligence Agency, U.S. (Serafyn, Jennifer) (Entered: 06/24/2013)
2013-07-12	5	Assented to MOTION for Extension of Time to July 26, 2013 to File Answer or Otherwise Response to Plaintiff's Complaint by Central Intelligence Agency, U.S..(Serafyn, Jennifer) (Entered: 07/12/2013)
2013-07-15	6	Judge William G. Young: ELECTRONIC ORDER entered granting 5 Assented to MOTION for Extension of Time to July 26, 2013 to File Answer or Otherwise Response to Plaintiff's Complaint. (Paine, Matthew) (Entered: 07/15/2013)
2013-07-26	7	Defendant's ANSWER to 1 Complaint, and Affirmative of Defenses by Central Intelligence Agency, U.S..(Serafyn, Jennifer) (Entered: 07/26/2013)
2013-07-27	8	AFFIDAVIT OF SERVICE Executed by George Katsiaficas. All Defendants. Acknowledgement filed by George Katsiaficas. (Berman, Neil) (Entered: 07/27/2013)
2013-07-30	9	NOTICE of Scheduling Conference. Scheduling Conference set for 9/11/2013 02:00 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 07/30/2013)
2013-09-10	10	Joint MOTION Relief from Compliance with the Joint Statement and for Adjournment of the September 11, 2013 Initial Scheduling Conference re 9 Notice of Scheduling Conference with certificate of service by George Katsiaficas.(Berman, Neil) (Entered: 09/10/2013)
2013-09-11	11	Judge William G. Young: ELECTRONIC ORDER entered denying 10 Joint Motion for Relief from Compliance with the Joint Statement and for Adjournment of the September 11, 2013 Initial Scheduling Conference. Counsel shall appear for the scheduling conference as set. (Gaudet, Jennifer) (Entered: 09/11/2013)
2013-09-11	12	ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young: Scheduling Conference held on 9/11/2013. The Court explains the requirements of the session. The parties do not want to proceed before a magistrate judge. No referral to ADR month entered. The case is placed on the running trial list as of June 2014. A final pretrial conference will be set for the month of May 2014. Counsel shall file a joint proposed case management schedule within two weeks. Any motions for summary judgment shall be filed atleast three months prior to trial month. A final pretrial memo is due the first business day of the month prior to trial month. (Court Reporter: No Court Reporter Used.) (Gaudet, Jennifer) (Entered: 09/12/2013)
2013-09-12	13	Set/Reset Hearings: Ready for Trial on 6/2/2014 09:00 AM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 09/12/2013)
2013-09-23	14	First JOINT STATEMENT re scheduling conference . (Berman, Neil) (Entered: 09/23/2013)
2013-09-30	15	Judge William G. Young: ORDER entered. re 14 First JOINT STATEMENT is so order as the case management scheduling order. DISPOSITIVE MOTIONS DUE January 14, 2014. (Paine, Matthew) (Entered: 09/30/2013)
2014-01-13	16	MOTION for Extension of Time to February 14, 2014 to File Dispositive Motions by Central Intelligence Agency, U.S..(Serafyn, Jennifer) (Entered: 01/13/2014)
2014-01-14	17	MOTION for Summary Judgment by George Katsiaficas.(Berman, Neil) (Entered: 01/14/2014)
2014-01-14	18	APPENDIX/EXHIBIT re 17 MOTION for Summary Judgment A, B, C by George Katsiaficas. (Berman, Neil) (Entered: 01/14/2014)
2014-01-14	19	APPENDIX/EXHIBIT re 17 MOTION for Summary Judgment D by George Katsiaficas. (Berman, Neil) (Entered: 01/14/2014)
2014-02-06	20	Judge William G. Young: ELECTRONIC ORDER entered granting 16 MOTION for Extension of Time to February 14, 2014 to File Dispositive Motions. (Paine, Matthew) (Entered: 02/06/2014)
2014-02-12	21	Assented to MOTION for Extension of Time to February 28, 2014 to File Defendant's Opposition to Plaintiff's Motion for Summary Judgment and to Cross-Move for Summary Judgment by Central Intelligence Agency, U.S..(Serafyn, Jennifer) Modified on 2/19/2014 (Gaudet, Jennifer). (Entered: 02/12/2014)
2014-02-14	22	MOTION to Dismiss for Lack of Jurisdiction by Central Intelligence Agency, U.S..(Serafyn, Jennifer) (Entered: 02/14/2014)
2014-02-14	23	MEMORANDUM in Support re 22 MOTION to Dismiss for Lack of Jurisdiction filed by Central Intelligence Agency, U.S.. (Attachments: # 1 Exhibit Declaration of Martha M. Lutz)(Serafyn, Jennifer) (Entered: 02/14/2014)
2014-02-19	24	ELECTRONIC NOTICE Setting Hearing on Motion 17 MOTION for Summary Judgment , 22 MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 4/4/2014 02:00 PM before Judge William G. Young. This hearing will take place at Boston University Law School, 765 Commonwealth Avenue, 6th Floor, Boston, MA. (Gaudet, Jennifer) (Entered: 02/19/2014)
2014-02-19	25	Judge William G. Young: ELECTRONIC ORDER entered granting 21 Assented to Motion for Extension of Time to File Response/Reply re 17 MOTION for Summary Judgment . Responses due by 2/28/2014. (Gaudet, Jennifer) (Entered: 02/19/2014)
2014-02-28	26	Cross MOTION for Summary Judgment by Central Intelligence Agency, U.S..(Serafyn, Jennifer) (Entered: 02/28/2014)
2014-02-28	27	MEMORANDUM in Support re 26 Cross MOTION for Summary Judgment filed by Central Intelligence Agency, U.S.. (Serafyn, Jennifer) (Entered: 02/28/2014)
2014-02-28	28	DECLARATION of Martha M. Lutz by Central Intelligence Agency, U.S.. (Attachments: # 1 Exhibit A - March 4, 2010 Coup Request, # 2 Exhibit B - April 8, 2010 Letter from CIA Re Coup Request, # 3 Exhibit C - April 8, 2010 CIA Response to Assassination Documents Request, # 4 Exhibit D - FFLP, # 5 Exhibit E - October 13, 2010 Letter from Attorney Berman, # 6 Exhibit F - November 9, 2010 CIA Letter, # 7 Exhibit G - February 11, 2011 Letter from Attorney Berman, # 8 Exhibit H - March 2, 2011 CIA Letter, # 9 Exhibit I - March 29, 2011 CIA Letter, # 10 Exhibit J - May 9, 2011 Letter from Attorney Berman, # 11 Exhibit K - August 18, 2011 CIA Letter, # 12 Exhibit L - July 20, 2012 CIA Final Response Letter, # 13 Exhibit M - February 19, 2014 CIA Letter, # 14 Exhibit N - Coup Request Documents, # 15 Exhibit O - May 18 & 19, 1961 Post Appeal Release)(Serafyn, Jennifer) (Entered: 02/28/2014)
2014-03-03	29	ELECTRONIC NOTICE issued requesting courtesy copy for 27 Memorandum in Support of Motion, 26 Cross MOTION for Summary Judgment , 28 Declaration,,,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office attention Matt Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) (Entered: 03/03/2014)
2014-03-03	30	ELECTRONIC NOTICE Setting Hearing on Motion 26 Cross MOTION for Summary Judgment : Motion Hearing set for 4/4/2014 02:00 PM in Courtroom 18 before Judge William G. Young. This hearing will take place at Boston University Law School, 765 Commonwealth Avenue, 6th Floor, Boston, MA. (Gaudet, Jennifer) (Entered: 03/03/2014)
2014-03-21	31	Opposition re 22 MOTION to Dismiss for Lack of Jurisdiction , 26 Cross MOTION for Summary Judgment filed by George Katsiaficas. (Berman, Neil) (Entered: 03/21/2014)
2014-03-31	32	NOTICE: Please note the motion hearing scheduled for 4/4/2014 at 2:00 PM is being held at Boston University Law School, 765 Commonwealth Avenue, 6th Floor, Boston, MA. (Gaudet, Jennifer) (Entered: 03/31/2014)
2014-04-04	33	ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 4/4/2014 re 22 MOTION to Dismiss for Lack of Jurisdiction filed by Central Intelligence Agency, U.S. After hearing from counsel, the Court enters an Order granting provisionally 22 Motion to Partially Dismiss for Lack of Jurisdiction as to exhaustion, not on the merits. The parties agree to proceed on a case stated basis as to the cross motions for summary judgment. Motion Hearing (case stated) set for 5/19/2014 02:00 PM in Courtroom 18 before Judge William G. Young. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Berman for the plaintiff and Serafyn for the defendant) (Gaudet, Jennifer) (Entered: 04/08/2014)
2014-05-16	35	Assented to MOTION to Stay by Central Intelligence Agency, U.S..(Serafyn, Jennifer) (Entered: 05/16/2014)
2014-05-19	36	Judge William G. Young: ELECTRONIC ORDER entered granting 35 Assented to Motion to Stay. (Gaudet, Jennifer) (Entered: 05/19/2014)
2014-05-19	37	ELECTRONIC NOTICE Canceling Hearing. Case stated hearing set for 5/19/2014 at 2:00 PM is cancelled. Case stayed. (Gaudet, Jennifer) (Entered: 05/19/2014)
2015-02-13	38	ELECTRONIC NOTICE of Reassignment. Judge Allison D. Burroughs added. Judge William G. Young no longer assigned to case. (Abaid, Kimberly) (Entered: 02/13/2015)
2015-08-13	39	Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Parties are ordered to file a Status Report by 8/20/25.( Status Report due by 8/20/2015)(Folan, Karen) (Entered: 08/13/2015)
2015-08-20	40	STATUS REPORT by Central Intelligence Agency, U.S.. (Serafyn, Jennifer) (Entered: 08/20/2015)
2015-08-24	41	Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties shall submit a further status report by 9/25/2015.(Nicewicz, Craig) (Entered: 08/24/2015)
2015-09-25	42	STATUS REPORT in Accordance with the Court's August 24, 2015 Electronic Order 41 by Central Intelligence Agency, U.S.. (Serafyn, Jennifer) (Entered: 09/25/2015)
2015-10-06	43	Judge Allison D. Burroughs: ELECTRONIC ORDER entered. ( Status Report due by 11/24/2015)(Folan, Karen) (Entered: 10/06/2015)
2015-11-24	44	STATUS REPORT by Central Intelligence Agency, U.S.. (Serafyn, Jennifer) (Entered: 11/24/2015)
2015-11-25	45	Judge Allison D. Burroughs: ELECTRONIC ORDER entered. No later than 12/15/2015, Plaintiff shall notify the Court in writing as to whether he intends to file a motion for summary judgment. The Court will set a briefing schedule at that time.( Plaintiff's Status Report due by 12/15/2015)(Montes, Mariliz) (Entered: 11/25/2015)
2016-01-06	46	Judge Allison D. Burroughs: ORDER entered. ORDER TO SHOW CAUSE On 11/24/2015, the Defendant filed a Status Report indicating that it had completed its release of documents in response to Plaintiff's FOIA request. [ECF No. 44]. On 11/25/2015, the Court ordered Plaintiff to notify the Court in writing, no later than 12/15/2015, as to whether he intends to file a motion for summary judgment. [ECF No. 45]. To date, the Court has not received a response. Therefore, the Court presumes that Plaintiff is satisfied with the production and does not intend to file a summary judgment motion, or to renew his previous motion for summary judgment [ECF No. 17]. Absent further communication from Plaintiff, it is the Court's intention to close this case on 1/20/2016. Therefore, Plaintiff is hereby ORDERED TO SHOW CAUSE, no later than 1/20/2016, why this action should not be dismissed. Failure to respond will result in the dismissal of Plaintiff's claims.(Show Cause Response due by 1/20/2016.)(Montes, Mariliz) Modified on 1/6/2016 (Montes, Mariliz). (Entered: 01/06/2016)
2016-01-06	47	NOTICE by George Katsiaficas re 46 Order to Show Cause,,,, (Berman, Neil) (Entered: 01/06/2016)
2016-03-11	48	ELECTRONIC NOTICE of Hearing. Status Conference set for 3/21/2016 10:30 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) (Entered: 03/11/2016)
2016-03-21	49	Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 3/21/2016. Stay to be lifted. Colloqy re: summary judgment motion. Plaintiff to file new summary judgment motion within 30 days. Previous motion will be denied as moot. Order to issue. (Court Reporter: Lee Marzilli at leemarz@aol.com.)(Attorneys present: Berman, Serafyn) (Folan, Karen) (Entered: 03/21/2016)
2016-03-21	50	Judge Allison D. Burroughs: ELECTRONIC ORDER entered. ORDER LIFTING STAY(Folan, Karen) (Entered: 03/21/2016)
2016-03-21	51	Judge Allison D. Burroughs: ELECTRONIC ORDER entered denying as moot 17 Motion for Summary Judgment; finding as moot 26 Motion for Summary Judgment. (Folan, Karen) (Entered: 03/21/2016)
2016-03-21	52	Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties may file Motions for Summary Judgment no later than 4/22/2016. Oppositions shall be filed no later than 5/13/2016, and Reply briefs, if any, shall be filed by 5/27/2016. (Folan, Karen) (Entered: 03/21/2016)
2016-04-18	53	MOTION for Summary Judgment Renewed with Certificate of Service by George Katsiaficas. (Attachments: # 1 Errata Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C, # 4 Exhibit Attachment D, # 5 Exhibit Attachment E, # 6 Exhibit Attachment F)(Berman, Neil) (Entered: 04/18/2016)
2016-05-06	54	MOTION for Extension of Time to June 10 to File Response/Reply as to 53 MOTION for Summary Judgment Renewed with Certificate of Service by Central Intelligence Agency, U.S..(Serafyn, Jennifer) (Entered: 05/06/2016)
2016-05-06	55	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 54 Motion for Extension of Time to File Response/Reply re 53 MOTION for Summary Judgment Renewed with Certificate of Service Responses due by 6/10/2016 (Flaherty, Elaine) (Entered: 05/06/2016)
2016-06-09	56	MOTION for Extension of Time to July 11, 2016 to File Opposition to Plaintiff's Renewed Motion for Summary Judgment and to Cross-Move for Summary Judgment by Central Intelligence Agency, U.S..(Serafyn, Jennifer) (Entered: 06/09/2016)
2016-06-09	57	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 56 Motion for Extension of Time. (Folan, Karen) (Entered: 06/09/2016)
2016-07-11	58	Assented to MOTION for Extension of Time to July 29, 2016 to File Its Opposition to Plaintiff's Renewed Motion for Summary Judgment AND to Cross-Move for Summary Judgment by Central Intelligence Agency, U.S..(Serafyn, Jennifer) (Entered: 07/11/2016)
2016-07-11	59	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 58 Motion for Extension of Time (Folan, Karen) (Entered: 07/11/2016)
2016-07-13	60	Reset Deadlines as to 53 MOTION for Summary Judgment Renewed with Certificate of Service . Responses due by 7/29/2016 (Montes, Mariliz) (Entered: 07/13/2016)
2016-07-28	61	MOTION for Extension of Time to Sept. 16, 2016 to File Response/Reply as to 53 MOTION for Summary Judgment Renewed with Certificate of Service by Central Intelligence Agency, U.S..(Serafyn, Jennifer) (Entered: 07/28/2016)
2016-07-29	62	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 61 Motion for Extension of Time to File Response/Reply re 53 MOTION for Summary Judgment Renewed with Certificate of Service . Defendant's Fourth Motion for an Extension of Time [ECF No. 61] is ALLOWED. Defendant's deadline to file its opposition to Plaintiff's Motion for Summary Judgment, and to cross-move for summary judgment, is hereby extended until 9/16/2016. Responses due by 9/16/2016. (Gaudet, Jennifer) (Entered: 07/29/2016)
2016-09-15	63	Assented to MOTION for Extension of Time to September 30, 2016 to File CIA's Opposition to Plaintiff's Renewed Motion for Summary Judgment and to Cross-Move for Summary Judgment by Central Intelligence Agency, U.S..(Serafyn, Jennifer) (Entered: 09/15/2016)
2016-09-15	64	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 63 Motion for Extension of Time to 9/30/16 to file response to renewed motion for summary judgment. (Folan, Karen) (Entered: 09/15/2016)
2016-09-28	65	Reset Deadlines as to 53 MOTION for Summary Judgment Renewed with Certificate of Service . Responses due by 9/30/2016 (Montes, Mariliz) (Entered: 09/28/2016)
2016-09-30	66	Assented to MOTION for Extension of Time to Oct. 5 to File Response/Reply to Plaintiff's Renewed Motion for Summary Judgment by Central Intelligence Agency, U.S..(Serafyn, Jennifer) (Entered: 09/30/2016)
2016-10-03	67	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 66 Motion for Extension of Time to File Response/Reply re 53 MOTION for Summary Judgment Renewed with Certificate of Service Responses due by 10/5/2016 (Folan, Karen) (Entered: 10/03/2016)
2016-10-04	68	Assented to MOTION for Leave to File Excess Pages by Central Intelligence Agency, U.S..(Serafyn, Jennifer) (Entered: 10/04/2016)
2016-10-04	69	Cross MOTION for Summary Judgment by Central Intelligence Agency, U.S..(Serafyn, Jennifer) (Entered: 10/04/2016)
2016-10-04	70	MEMORANDUM in Opposition re 53 MOTION for Summary Judgment Renewed with Certificate of Service , 69 Cross MOTION for Summary Judgment filed by Central Intelligence Agency, U.S.. (Serafyn, Jennifer) (Entered: 10/04/2016)
2016-10-04	71	DECLARATION re 70 Memorandum in Opposition to Motion, 69 Cross MOTION for Summary Judgment by Central Intelligence Agency, U.S.. (Serafyn, Jennifer) (Entered: 10/04/2016)
2016-10-04	72	EXHIBIT re 71 Declaration Vaughn Index Coup Request by Central Intelligence Agency, U.S.. (Serafyn, Jennifer) (Entered: 10/04/2016)
2016-10-04	73	EXHIBIT re 71 Declaration Vaughn Index Assassination Request by Central Intelligence Agency, U.S.. (Serafyn, Jennifer) (Entered: 10/04/2016)
2016-10-12	74	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 68 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) (Entered: 10/12/2016)
2017-05-17	75	Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. 69 Defendant's Motion for Summary Judgment is GRANTED and 53 Plaintiff's Motion for Summary Judgment is DENIED . (Montes, Mariliz) (Entered: 05/17/2017)
2017-05-17	76	Judge Allison D. Burroughs: ORDER entered. ORDER DISMISSING CASE(Montes, Mariliz) (Entered: 05/17/2017)
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