Case Detail

FOIA Project Annotation: The court ruled that the NSA has explained why any records on Michael Taylor would be exempt under the Privacy Act. Taylor had requested any records concerning himself and the agency responded that it could confirm nor deny the existence of records, citing both Exemption 1 (national security) and Exemption 3 (other statutes) as the basis for its Glomar response. The court had found that Exemption 3 protected the records from FOIA disclosure, but indicated the agency had not provided justification for withholding records under the Privacy Act. After the agency provided a supplemental affidavit, the court agreed the records were exempt under the Privacy Act as well. The court noted that Subsection (k)(1) provided an exemption for properly classified records. As a result, the court addressed whether Exemption 1 also covered the records. The court observed that acknowledgement of "the existence or non-existence of intelligence information on Plaintiff is proper because a positive or negative response to Plaintiff's request would reveal information this is currently and properly classified in accordance with [the Executive Order on Classification] and is thus exempt from disclosure under Section 442(b)(1) of FOIA. Therefore, the request is also exempt from disclosure under Section 552a(k)(1) of the Privacy Act."
Issues: Determination - Glomar response, Exemption 1, Exemption 3

Date Filed	Doc #	Docket Text
2013-07-05	1	COMPLAINT against National Security Agency, filed by Michael Taylor. (Attachments: # 1 envelope)(jah) (Entered: 07/05/2013)
2013-07-05		Filing fee paid: $ 400.00, receipt number AUG014301. (jah) (Entered: 07/05/2013)
2013-07-08	2	RULE 26 INSTRUCTION ORDER. Signed by Magistrate Judge Brian K. Epps on 7/8/13. (cmr) (Entered: 07/08/2013)
2013-07-09	3	ORDER instructing the plaintiff on the procedure for serving the defendant. Signed by Magistrate Judge Brian K. Epps on 7/9/13. (cmr) (Entered: 07/09/2013)
2013-07-12	4	Summons Issued as to National Security Agency. (cmr) (Entered: 07/12/2013)
2013-07-16	5	Summons Issued as to National Security Agency, U.S. Attorney and U.S. Attorney General. (cmr) (Entered: 07/16/2013)
2013-07-18	6	NOTICE of Appearance by Melissa Stebbins Mundell on behalf of National Security Agency (Mundell, Melissa) (Entered: 07/18/2013)
2013-07-22	7	"CERTIFICATE OF SERVICE for Summons and complaint/notice of alternative dispute resolution and case management procedures", by Michael Taylor. (cmr) (Entered: 07/22/2013)
2013-07-22	8	Litigants' Bill of Rights by Michael Taylor. (cmr) (Entered: 07/22/2013)
2013-07-29	9	Disclosure Statement pursuant to Local Rule 7.1.1 by Michael Taylor. (cmr) (Entered: 07/29/2013)
2013-07-29	10	ANSWER to Complaint by National Security Agency.(Mundell, Melissa) (Entered: 07/29/2013)
2013-08-01	11	MOTION for Summary Judgment With Incorporated Brief In Support by National Security Agency. Responses due by 8/26/2013. (Attachments: # 1 Exhibit A thru C, # 2 Stmt of Material Fact)(Mundell, Melissa) (Entered: 08/01/2013)
2013-08-01	12	NOTICE issued re: 11 MOTION for Summary Judgment With Incorporated Brief In Support by National Security Agency. Responses due by 8/26/2013. (Attachments: # 1 Exhibit A thru C, # 2 Stmt of Material Fact)(Mundell, Melissa). (cmr) (Entered: 08/01/2013)
2013-08-05	13	AMENDED COMPLAINT against National Security Agency, filed by Michael Taylor.(cmr) (Entered: 08/05/2013)
2013-08-06	14	ANSWER to Amended Complaint by National Security Agency.(Mundell, Melissa) (Entered: 08/06/2013)
2013-08-06	15	Amended MOTION for Summary Judgment with incorporated brief in support by National Security Agency. Responses due by 8/30/2013. (Attachments: # 1 Exhibit A thru C)(Mundell, Melissa) (Entered: 08/06/2013)
2013-08-06	16	NOTICE issued re: 15 Amended MOTION for Summary Judgment with incorporated brief in support by National Security Agency. Responses due by 8/30/2013. (Attachments: # 1 Exhibit A thru C)(Mundell, Melissa). (cmr) (Entered: 08/06/2013)
2013-08-07	17	MOTION for Temporary Restraining Order by Michael Taylor. Responses due by 8/26/2013. (cmr) (Entered: 08/07/2013)
2013-08-07	18	RESPONSE in Opposition by Michael Taylor - re 11 MOTION for Summary Judgment With Incorporated Brief In Support . (cmr) (Entered: 08/07/2013)
2013-08-12	19	MEMORANDUM in Opposition re 17 MOTION for Temporary Restraining Order filed by National Security Agency. (Mundell, Melissa) (Entered: 08/12/2013)
2013-08-13	20	REPORT of Rule 26(f) Planning Meeting. (Mundell, Melissa) (Entered: 08/13/2013)
2013-08-13	21	ORDER denying 17 Motion for TRO. Signed by Judge Dudley H. Bowen on 8/13/13. (cmr) (Entered: 08/13/2013)
2013-08-15	22	RESPONSE in Opposition re 15 Amended MOTION for Summary Judgment filed by Michael Taylor. (cmr) (Entered: 08/15/2013)
2013-08-23	23	SCHEDULING ORDER: Amended Pleadings due by 9/27/2013. Discovery due by 12/16/2013. Motions due by 1/15/2014. Expert Witness Report (Plaintiff) due by 9/30/2013. Expert Witness Report (defendant) due by 10/30/2013. Signed by Magistrate Judge Brian K. Epps on 8/23/13. (cmr) (Entered: 08/23/2013)
2014-03-28	24	ORDER denying as moot 11 Motion for Summary Judgment; granting in part and denying in part 15 Motion for Summary Judgment; Specifically, Defendant's amended motion as to Plaintiff's Privacy Act claim is denied. It is further ordered that the period for filing civil motions is reopened for a period of 30 days from the date of this order. Signed by Judge Dudley H. Bowen on 3/28/14. (cmr) (Entered: 03/28/2014)
2014-03-28		Set/Reset Deadlines: Motions due by 4/27/2014. (cmr) (Entered: 03/28/2014)
2014-04-07	25	MOTION to amend judgment - re 24 Order on Motion for Summary Judgment, by Michael Taylor. Responses due by 4/24/2014. REFERRED to Judge Dudley H. Bowen.(cmr) (Entered: 04/07/2014)
2014-04-09	26	RESPONSE in Opposition re 25 MOTION re 24 Order on Motion for Summary Judgment, filed by National Security Agency. (Mundell, Melissa) (Entered: 04/09/2014)
2014-04-28	27	******* MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for , MOTION for Summary Judgment by National Security Agency. Responses due by 5/15/2014. Responses due by 5/22/2014. (Attachments: # 1 Exhibit B)(Mundell, Melissa) (Entered: 04/28/2014)
2014-04-29	28	NOTICE issued re: 27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for , MOTION for Summary Judgment by National Security Agency (Attachments: # 1 Exhibit B)(Mundell, Melissa). Responses due by 5/22/2014. (cmr) (Entered: 04/29/2014)
2014-04-29	29	MOTION for Temporary Restraining Order by Michael Taylor. Responses due by 5/16/2014. REFERRED to Judge Brian K. Epps.(cmr) (Entered: 04/29/2014)
2014-04-29		Motions No Longer Referred: 29 MOTION for Temporary Restraining Order. (cmr) (Entered: 04/29/2014)
2014-04-29	30	RESPONSE in Opposition re 29 MOTION for Temporary Restraining Order filed by National Security Agency. (Mundell, Melissa) (Entered: 04/29/2014)
2014-04-30	31	ORDER denying 29 Motion for TRO. Signed by Judge Dudley H. Bowen on 4/30/14. (cmr) (Entered: 04/30/2014)
2014-05-08	32	MEMORANDUM in Opposition re 27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for MOTION for Summary Judgment , filed by Michael Taylor. (cmr) (Entered: 05/08/2014)
2014-05-08	33	NOTICE of constitutional challenge to a statute by Michael Taylor. (cmr) (Entered: 05/08/2014)
2014-05-15	34	RESPONSE to 33 Notice (Other) filed by Michael Taylor filed by National Security Agency. (Mundell, Melissa) (Entered: 05/15/2014)
2014-05-23	35	RESPONSE to 34 Response filed by National Security Agency filed by Michael Taylor. (cmr) (Entered: 05/23/2014)
2014-05-30	36	Corrected MEMORANDUM in Opposition re 27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for MOTION for Summary Judgment , filed by Michael Taylor. (cmr) (Entered: 05/30/2014)
2014-05-30	37	NOTICE of constitutional challenge to a statute Fed. R. Civ. Procedure 5.1(a) by Michael Taylor. (cmr) (Entered: 05/30/2014)
2014-06-09	38	MEMORANDUM in Support re 27 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for MOTION for Summary Judgment (in Opposiiton to Docket Number 36) filed by National Security Agency. (Mundell, Melissa) (Entered: 06/09/2014)
2014-06-09	39	NOTICE by National Security Agency re 37 Notice (Other) Response to Second Notice of Constitutional Challenge (Mundell, Melissa) (Entered: 06/09/2014)
2014-09-30	40	ORDER denying 25 Motion to amend judgment, and granting 27 Motion for Summary Judgment. Therefore, this civil action is closed. Signed by Judge Dudley H. Bowen on 9/30/14. (cmr) (Entered: 09/30/2014)
2014-09-30	41	CLERK'S JUDGMENT in accordance with the Order of this Court entered on September 30, 2014. Signed on 9/30/14. (cmr) (Entered: 09/30/2014)
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