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Case TitleAmerican Civil Liberties Union et al v. National Secuirty Agency et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2013cv09198
Date Filed2013-12-30
Date Closed2017-08-22
JudgeJudge Kimba M. Wood
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
Case DescriptionThe ACLU sent requests to agencies that were part of the intelligence community asking for information about how they interpreted their authority to conduct surveillance. The ACLU also requested a fee waiver. Some agencies provided records that were already publicly available, but after none of the agencies responded fully to the ACLU's request, the organization filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNational Security Agency
DefendantCentral Intelligence Agency
DefendantDepartment of Defense
DefendantDepartment of Justice
DefendantDepartment of State
AppealSecond Circuit 17-3399
Documents
Docket
Complaint
Opinion/Order [93]
FOIA Project Annotation: A federal court in New York has ruled that various intelligence agencies have failed to sufficiently explain the searches they conducted in response to FOIA requests from the ACLU for records concerning their authority under the Reagan administration's E.O. 12,333, minimization procedures used, and standards that must be satisfied for collecting, acquiring, or intercepting communications. Questioning the adequacy of searches conducted by the FBI, the CIA, and the National Security Division of the Justice Department, Judge Kimba Wood observed, as to the CIA, that "however, like FBI and NSD, CIA has failed to provide sufficient information for Plaintiffs or the Court to reasonably assess the search efforts undertaken. Neither the Court nor Plaintiffs are able to evaluate or confirm whether the duplicative and non-responsive results were attributable to the search's comprehensiveness, or, for example, human error. Given the lack of information about the search methods used, the Court can only speculate about whether CIA's efforts were reasonably expected to produce the information requested." However, the agencies withheld 109 documents in full and redacted 4 documents under Exemption 5 (privileges). Wood found that Office of Legal Counsel memos were protected by the deliberative process privilege and that there was no indication that any of them had been adopted as the working law of the agency. She found that NSD memos that contained classified legal advice from OLC were exempt, but NSD's assertion that the majority of certain memoranda were pre-decisional and deliberative was not adequately supported. She questioned a CIA memo that contained talking points, noting that "given this description, the Court cannot conclude that Exemption 5 applies: for the exemption to apply, an agency must 'be able to demonstrate that the document for which executive privilege is claimed related to a specific decision facing the agency,' which these training materials do not do." She found that the CIA had properly withheld legal memoranda under Exemption 3 (other statutes). She noted that "giving the appropriate deference to the assessments of the agencies, the Court finds that it is logical and plausible that there is no segregable non-exemption content contained in the legal memoranda withheld in full." She also approved various claims under Exemption 7 (law enforcement).
Issues: Search - Detailed description of search, Exemption 5 - Privileges - Attorney-client privilege, Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 3 - Statutory prohibition of disclosure
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2013-12-301COMPLAINT against Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Filing Fee $ 350.00, Receipt Number 1084393)Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(laq) Modified on 1/17/2014 (jd). (Entered: 01/07/2014)
2013-12-30SUMMONS ISSUED as to Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (laq) Modified on 1/17/2014 (jd). (Entered: 01/07/2014)
2013-12-30Magistrate Judge Michael H. Dolinger is so designated. (laq) (Entered: 01/07/2014)
2013-12-30Case Designated ECF. (laq) (Entered: 01/07/2014)
2014-01-102INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 3/31/2014 at 04:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. The parties are directed to submit a joint letter by 2/21/2014, addressing the information further set forth in this Order. (Signed by Judge Analisa Torres on 1/10/2014) (tn) (Entered: 01/10/2014)
2014-01-163NOTICE OF APPEARANCE by Jonathan Matthew Manes on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Manes, Jonathan) (Entered: 01/16/2014)
2014-01-164NOTICE OF APPEARANCE by David A.. Schulz on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Schulz, David) (Entered: 01/16/2014)
2014-01-165RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Abdo, Alexander) (Entered: 01/16/2014)
2014-01-166AFFIDAVIT OF SERVICE of Summons served on Eric H. Holder, Attorney General of the United States on 1/3/2014. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Abdo, Alexander) (Entered: 01/16/2014)
2014-01-167AFFIDAVIT OF SERVICE of Summons served on Central Intelligence Agency on 1/3/2014. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Abdo, Alexander) (Entered: 01/16/2014)
2014-01-168AFFIDAVIT OF SERVICE of Summons served on United States Department of Defense on 1/3/2014. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Abdo, Alexander) (Entered: 01/16/2014)
2014-01-169AFFIDAVIT OF SERVICE of Summons served on United States Department of Justice on 1/3/2014. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Abdo, Alexander) (Entered: 01/16/2014)
2014-01-1610AFFIDAVIT OF SERVICE of Summons served on United States Department of State on 1/3/2014. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Abdo, Alexander) (Entered: 01/16/2014)
2014-01-1611AFFIDAVIT OF SERVICE of Summons served on National Security Agency on 1/3/2014. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Abdo, Alexander) (Entered: 01/16/2014)
2014-01-1612AFFIDAVIT OF SERVICE of Summons served on United States Attorney for the Southern District of New York on 1/3/2014. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Abdo, Alexander) (Entered: 01/16/2014)
2014-02-0313CONSENT LETTER MOTION for Extension of Time to file Answer and joint letter addressed to Judge Analisa Torres from Jonathan M. Manes dated 02/03/2014. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Text of Proposed Order)(Manes, Jonathan) (Entered: 02/03/2014)
2014-02-0314ORDER granting 13 Letter Motion for Extension of Time: that Defendants' current deadline of February 5, 2014 to Answer the original Complaint, filed December 30, 2013, is adjourned and Defendants shall file their Answer to Plaintiffs' Amended Complaint by no later than February 21, 2014; the parties' current deadline of February 21, 2014, to submit to the Court their joint letter and proposed Case Management Plan and Scheduling Order is adjourned to February 28, 2014; and the initial pretrial conference, scheduled for March 31, 2014 at 4:00 p.m., will not be disturbed. (Signed by Judge Analisa Torres on 2/3/2014) (tn) Modified on 2/3/2014 (tn). (Entered: 02/03/2014)
2014-02-03Set/Reset Hearings: Initial Conference set for 3/31/2014 at 04:00 PM before Judge Analisa Torres. (tn) (Entered: 02/03/2014)
2014-02-0715CONSENT LETTER MOTION for Extension of Time to file Answer and joint letter addressed to Judge Analisa Torres from Jonathan M. Manes dated 02/07/2014. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Text of Proposed Order)(Manes, Jonathan) (Entered: 02/07/2014)
2014-02-0716ORDER granting 15 Letter Motion for Extension of Time: Not later than February 18, 2014, Plaintiffs shall file any Amended Complaint. Not later than March 3, 2014, Defendants shall file their Answer to the Amended Complaint. Not later than March 10, 2014, the parties shall submit to the Court the joint letter and proposed Case Management Plan and Scheduling Order currently due on February 28, 2014. The initial pretrial conference, scheduled for March 31, 2014 at 4:00 p.m., will not be disturbed. Amended Pleadings due by 2/18/2014. (Signed by Judge Analisa Torres on 2/7/2014) (tn) (Entered: 02/10/2014)
2014-02-1817FIRST AMENDED COMPLAINT amending 1 Complaint, against Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency.Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. Related document: 1 Complaint, filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(cd) (ca). (Entered: 02/19/2014)
2014-02-18***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Alex Abdo for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 17 Amended Complaint, to: caseopenings@nysd.uscourts.gov. (cd) (Entered: 02/19/2014)
2014-03-0318ANSWER to 17 Amended Complaint,. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency.(Barnea, Jean-David) (Entered: 03/03/2014)
2014-03-1119FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Manes, Jonathan) Modified on 3/18/2014 (lb). (Entered: 03/11/2014)
2014-03-1120INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Corrected Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Manes, Jonathan) (Entered: 03/11/2014)
2014-03-1121LETTER MOTION for Extension of Time to File Initial Report of Parties Before Pretrial Conference, nunc pro tunc addressed to Judge Analisa Torres from Jonathan M. Manes dated 03/11/2014. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Manes, Jonathan) (Entered: 03/11/2014)
2014-03-1222NOTICE OF APPEARANCE by Patrick Christopher Toomey on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 03/12/2014)
2014-03-1223ORDER granting 21 Letter Motion for Extension of Time to File: Plaintiffs' late filing is EXCUSED. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa) (Entered: 03/12/2014)
2014-03-3124ORDER: The initial pre-trial conference scheduled for March 31, 2014 is ADJOURNED to April 16, 2014 at 4:30 p.m. (Signed by Judge Analisa Torres on March 31, 2014) (Torres, Analisa) (Entered: 03/31/2014)
2014-04-1425LAW STUDENT INTERN APPEARANCE FORM. Consent of Judge. I authorize this student, Conor Clarke: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client, and as further set forth. (Signed by Judge Analisa Torres on 4/14/2014) (rjm) (Entered: 04/15/2014)
2014-04-16Minute Order Proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 4/16/2014. (mo) (Entered: 04/17/2014)
2014-04-1826LETTER MOTION for Conference addressed to Judge Analisa Torres from David A. Schulz dated 4/18/2014. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Schulz, David) (Entered: 04/18/2014)
2014-04-1827ORDER granting 26 LETTER MOTION for Conference addressed to Judge Analisa Torres from David A. Schulz dated 4/18/2014. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. So ordered. (Signed by Judge Analisa Torres on 4/18/2014) (rjm) (Entered: 04/21/2014)
2014-05-0728CONSENT LETTER MOTION for Extension of Time to File Joint Stipulation addressed to Judge Analisa Torres from Jonathan M. Manes dated 05/07/2014. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Manes, Jonathan) (Entered: 05/07/2014)
2014-05-0829ORDER granting 28 Letter Motion for Extension of Time to File Joint Stipulation. ENDORSEMENT: The parties' request to extend the deadline to submit a joint stipulation to May 9, 2014 is GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 5/8/2014) (kgo) (Entered: 05/08/2014)
2014-05-0930STIPULATION AND ORDER REGARDING DOCUMENT SEARCHES. It is hereby STIPULATED and AGREED between the Parties as follows: The searches the Agencies agree to undertake that are described herein are deemed to fulfill in full the Agencies' search obligations under the respective Requests. OLC will continue to search for and process only those documents encompassed by the agreement it reached with Plaintiffs during the administrative processing of the relevant Request. NSA, CIA, DIA, FBI, and State will search for and process only the categories of documents as further specified herein, and as further set forth in this Stipulation and Order Regarding Document Searches. (Signed by Judge Analisa Torres on 5/9/2014) (rjm) (Entered: 05/12/2014)
2014-05-2131ENDORSED LETTER addressed to Judge Analisa Torres from Jonathan M. Manes dated 5/21/2014 re: The parties hereby request that the Court endorse this letter to set deadlines by when the defendant agencies are to complete any required remaining searches for potentially responsive documents in connection with Plaintiffs' FOIA requests, as those requests have been modified or construed by so-ordered stipulation of the parties (Dkt. No. 30). The parties' agreed-upon deadlines are as further specified in this letter. ENDORSEMENT: So ordered. (Signed by Judge Analisa Torres on 5/21/2014) (rjm) (Entered: 05/22/2014)
2014-06-2332ENDORSED LETTER addressed to Judge Analisa Torres from Jonathan M. Manes dated 6/20/2014 re: As directed by the Court's so-ordering of an April 18 joint letter of the parties (Dkt. No. 27), the parties hereby request that the Court endorse this letter to set deadlines by when the defendant agencies are to complete any required review and processing of potentially responsive documents in connection with Plaintiffs' FOIA requests, as those requests have been modified or construed by so-ordered stipulation of the parties (Dkt. No. 30). ENDORSEMENT: So ordered. (Signed by Judge Analisa Torres on 6/23/2014) (lmb) (Entered: 06/23/2014)
2014-08-0833LETTER MOTION for Extension of Time to extend deadline for completion of CIA's search for records to August 27, 2014, and to extend to September 5, 2014 the last date for parties to propose modification of the CIA's processing completion date, addressed to Judge Analisa Torres from AUSA David S. Jones dated 08/08/2014. Document filed by Central Intelligence Agency.(Jones, David) (Entered: 08/08/2014)
2014-08-1134LETTER addressed to Judge Analisa Torres from Patrick Toomey dated August 11, 2014 re: Opposition to CIA Motion for Extension of Search Deadline. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 08/11/2014)
2014-08-1235ORDER. Having reviewed the parties' letters dated August 8, 2014 and August 11, 2014, it is ORDERED that Defendant's request for an extension is GRANTED, and Plaintiffs' requests are DENIED. By August 27, 2014, the CIA shall complete its search for potentially responsive documents. By September 3, 2014, the parties shall submit any proposed modifications to the February 9, 2015 deadline for the CIA to complete its review and processing of responsive documents. Granting 33 Letter Motion for Extension of Time. (Signed by Judge Analisa Torres on 8/12/2014) (rjm) (Entered: 08/13/2014)
2014-09-0336LETTER addressed to Judge Analisa Torres from AUSA Jean-David Barnea dated 9/3/14 re: CIA Production Schedule. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency.(Barnea, Jean-David) (Entered: 09/03/2014)
2014-09-0537ORDER: Defendant's request is GRANTED. By February 27, 2015, the CIA shall complete its review and processing of all potentially responsive documents. SO ORDERED. (Signed by Judge Analisa Torres on 9/4/2014) (ajs) (Entered: 09/05/2014)
2014-09-1638NOTICE OF APPEARANCE by David Stuart Jones on behalf of Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Jones, David) (Entered: 09/16/2014)
2014-09-1639LETTER MOTION for Extension of Time as to NSA's review and processing of potentially responsive records addressed to Judge Analisa Torres from David S. Jones dated September 16, 2014. Document filed by National Security Agency.(Jones, David) (Entered: 09/16/2014)
2014-09-1740MEMO ENDORSED ORDER granting 39 Letter Motion for Extension of Time. ENDORSEMENT: Defendant's request is GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 9/17/2014) (ajs) (Entered: 09/17/2014)
2014-10-0941NOTICE OF APPEARANCE by Ashley Marie Gorski on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Gorski, Ashley) (Entered: 10/09/2014)
2014-10-3042LETTER addressed to Judge Analisa Torres from Ashley Gorski dated October 30, 2014 re: Joint Stipulation and Proposed Order. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Text of Proposed Order)(Gorski, Ashley) (Entered: 10/30/2014)
2014-10-3043JOINT STIPULATION AND ORDER: Plaintiffs may file a Second Amended Complaint in the form attached hereto as Exhibit A. Within two weeks of the date of this Joint Stipulation, the parties will submit to the Court an agreed upon schedule for the search and processing of records responsive to the FOIA request submitted by Plaintiffs on July 29, 2014 to the National Security Division of the Department of Justice. In the event that that the parties cannot reach an agreement as to the search and processing schedule, they will each submit their respective proposed schedules to the Court for a decision. Defendants will file their Answer to the Second Amended Complaint no later than thirty days after it is filed. Nothing in this Stipulation shall affect existing orders of the Court setting certain deadlines for Defendants' search, review, and processing of potentially responsive documents. SO ORDERED. (Signed by Judge Analisa Torres on 10/30/2014) (ajs) (Entered: 10/31/2014)
2014-10-3144SECOND AMENDED COMPLAINT amending 17 Amended Complaint, against Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency.Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. Related document: 17 Amended Complaint, filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Gorski, Ashley) (Entered: 10/31/2014)
2014-11-1445LETTER addressed to Judge Analisa Torres from David S. Jones dated November 14, 2014 re: proposed schedule for processing documents responsive to plaintiffs' July 2014 FOIA request to the DOJ National Security Division. Document filed by Department of Justice.(Jones, David) (Entered: 11/14/2014)
2014-11-1746MEMO ENDORSEMENT on re: 45 Letter, filed by Department of Justice. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 11/17/2014) (ajs) (Entered: 11/17/2014)
2014-11-2447ANSWER to 44 Amended Complaint,. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency.(Barnea, Jean-David) (Entered: 11/24/2014)
2015-02-2748CONSENT LETTER MOTION for Extension of Time for CIA to complete production addressed to Judge Analisa Torres from AUSA Jean-David Barnea dated 2/27/15. Document filed by Central Intelligence Agency.(Barnea, Jean-David) (Entered: 02/27/2015)
2015-03-0249ORDER granting 48 Letter Motion for Extension of Time. Defendant's request is GRANTED. By April 30, 2015, the CIA shall complete its review and processing of all potentially responsive documents. SO ORDERED. (Signed by Judge Analisa Torres on 3/2/2015) (ajs) (Entered: 03/02/2015)
2015-03-1650STIPULATION AND ORDER REGARDING NSD DOCUMENT SEARCHES FOR PRODUCTION: 1. Date Limitations for Document Searches. a. With respect to the categories of documents described in Paragraphs 1-3 of the Second Request, NSD will search for and process only documents that are currently in use or effect, or that were created or modified on or after September 11, 2001. b. With respect to the categories of documents described in Paragraph 4 of the Second Request, NSD will search for and process only documents that are currently in use or effect. c. With respect to the categories of documents described in Paragraph 5 of the Second Request, NSD will initially search for and process only documents created or modified on or after September 11, 2001; after the completion of NSD's production of these documents, the parties agree to continue their discussions regarding whether searches for documents created before September 11, 2001 will be undertaken, including whether conducting such searches would be unduly burdensome to NSD. 2. Document Production Deadlines. By May 1, 2015, NSD shall complete its processing of the Second Request and produce all documents, or portions thereof, it deems to be responsive and non-exempt. By March 13, 2015, NSD shall make an interim production that includes any documents for which it does not need to consult with other agencies. 3. Nothing in this Stipulation and Order, including the fact of its entry, should be taken as a concession by NSD that Plaintiffs have "substantially prevailed" in this action in whole or in part, as that term is used in 5 U.S.C. § 552(a)(4)(E). SO ORDERED. (Signed by Judge Analisa Torres on 3/16/2015) (ajs) (Entered: 03/16/2015)
2015-12-0251FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Cross Motions for Partial Summary Judgment addressed to Judge Analisa Torres from Jonathan Manes dated 12/2/2015. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Manes, Jonathan) Modified on 12/8/2015 (ldi). (Entered: 12/02/2015)
2015-12-08***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jonathan Matthew Manes to RE-FILE Document 51 LETTER MOTION for Leave to File Cross Motions for Partial Summary Judgment addressed to Judge Analisa Torres from Jonathan Manes dated 12/2/2015. Use the event type Letter found under the event list Other Documents. (ldi) (Entered: 12/08/2015)
2015-12-0852LETTER addressed to Judge Analisa Torres from Jonathan Manes dated 12/2/2015 re: Proposed Schedule for Cross Motions for Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Manes, Jonathan) (Entered: 12/08/2015)
2015-12-0953ORDER re: 52 LETTER addressed to Judge Analisa Torres from Jonathan Manes dated 12/2/2015 re: Proposed Schedule for Cross Motions for Summary Judgment. Having reviewed the parties' joint letter dated December 2, 2015, it is ORDERED that: 1. By January 15, 2016, the Defendants shall submit their motion for partial summary judgment; 2. By February 16, 2016, Plaintiffs shall submit their cross-motion for partial summary judgment and opposition to the Defendants' motion; 3. By March 18, 2016, the Defendants shall submit their opposition to Plaintiffs' cross-motion and reply in support of partial summary judgment; and 4. By April 8, 2016, Plaintiffs shall submit their reply in support of partial summary judgment. In addition, the parties' request to forego the exchange of Local Civil Rule 56.1 Statements is GRANTED. (Motions due by 1/15/2016. Cross Motions due by 2/16/2016. Responses due by 3/18/2016. Replies due by 4/8/2016.) (Signed by Judge Analisa Torres on 12/9/2015) (adc) (Entered: 12/10/2015)
2016-01-1154CONSENT LETTER MOTION for Extension of Time to File Partial Summary Judgment Motion addressed to Judge Analisa Torres from AUSA Jean-David Barnea dated 1/11/16. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency.(Barnea, Jean-David) (Entered: 01/11/2016)
2016-01-1255ORDER granting 54 Letter Motion for Extension of Time to Partial Summary Judgment Motion. Having reviewed the parties' joint letter dated January 11, 2016, it is ORDERED that: 1. By February 5, 2016, the Defendants shall submit their motion for partial summary judgment; 2. By March 8, 2016, Plaintiffs shall submit their cross-motion for partial summary judgment and opposition to the Defendants' motion; 3. By April 8, 2016, the Defendants shall submit their opposition to Plaintiffs' cross-motion and reply in support of partial summary judgment; and 4. By April 29, 2016, Plaintiffs shall submit their reply in support of partial summary judgment. (Signed by Judge Analisa Torres on 1/12/2016) (kko) (Entered: 01/12/2016)
2016-01-12Set/Reset Deadlines: Motions due by 2/5/2016. Cross Motions due by 3/8/2016. Responses due by 4/8/2016. Replies due by 4/29/2016. (kko) (Entered: 01/12/2016)
2016-01-2956CONSENT LETTER MOTION for Extension of Time on briefing for summary judgment addressed to Judge Analisa Torres from David S. Jones dated January 29, 2016. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency.(Jones, David) (Entered: 01/29/2016)
2016-02-0257ORDER granting 56 Letter Motion for Extension of Time on briefing for summary judgment. GRANTED. The parties shall adhere to the schedule set forth above. SO ORDERED. (Motions due by 2/26/2016. Cross Motions due by 4/20/2016.) (Signed by Judge Analisa Torres on 2/2/2016) (kko) (Entered: 02/02/2016)
2016-02-02Set/Reset Deadlines: Responses due by 5/18/2016. Replies due by 6/8/2016. (kko) (Entered: 02/02/2016)
2016-02-2658MOTION for Partial Summary Judgment . Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency.(Barnea, Jean-David) (Entered: 02/26/2016)
2016-02-2659MEMORANDUM OF LAW in Support re: 58 MOTION for Partial Summary Judgment . . Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Attachments: # 1 Addendum: Document Index)(Barnea, Jean-David) (Entered: 02/26/2016)
2016-02-2660DECLARATION of Antoinette B. Shiner (CIA) in Support re: 58 MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Attachments: # 1 Exhibit A - Vaughn, # 2 Exhibit B, # 3 Exhibit C)(Barnea, Jean-David) (Entered: 02/26/2016)
2016-02-2661DECLARATION of Arthur R. Sepeta (DHS) in Support re: 58 MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Barnea, Jean-David) (Entered: 02/26/2016)
2016-02-2662DECLARATION of Alesia Y. Williams (DIA) in Support re: 58 MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Attachments: # 1 Exhibits A-E, # 2 Exhibit F)(Barnea, Jean-David) (Entered: 02/26/2016)
2016-02-2663DECLARATION of David M. Hardy (FBI) in Support re: 58 MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Barnea, Jean-David) (Entered: 02/26/2016)
2016-02-2664DECLARATION of David J. Sherman (NSA) in Support re: 58 MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Attachments: # 1 Declaration (part 2), # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18)(Barnea, Jean-David) (Entered: 02/26/2016)
2016-02-2665DECLARATION of John Bradford Wiegmann (NSD) in Support re: 58 MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Attachments: # 1 Exhibits)(Barnea, Jean-David) (Entered: 02/26/2016)
2016-02-2666DECLARATION of Christina M. Butler (OIP) in Support re: 58 MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Barnea, Jean-David) (Entered: 02/26/2016)
2016-02-2667DECLARATION of Paul P. Colborn (OLC) in Support re: 58 MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit E-1, # 7 Exhibit E-2 (part 1), # 8 Exhibit E-2 (part 2), # 9 Exhibit E-3, # 10 Exhibit F, # 11 Exhibit G)(Barnea, Jean-David) (Entered: 02/26/2016)
2016-02-2668DECLARATION of John F. Hackett (State) in Support re: 58 MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Attachments: # 1 Exhibits)(Barnea, Jean-David) (Entered: 02/26/2016)
2016-04-2069CROSS MOTION for Partial Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Gorski, Ashley) (Entered: 04/20/2016)
2016-04-2070MEMORANDUM OF LAW in Support re: 69 CROSS MOTION for Partial Summary Judgment . and in Opposition to Defendants' Motion for Partial Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Gorski, Ashley) (Entered: 04/20/2016)
2016-04-2071DECLARATION of Jonathan Manes in Support re: 69 CROSS MOTION for Partial Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D-Part 1, # 5 Exhibit D-Part 2, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O-Part 1, # 17 Exhibit O-Part 2, # 18 Exhibit P, # 19 Exhibit Q)(Gorski, Ashley) (Entered: 04/20/2016)
2016-05-1172JOINT LETTER MOTION for Extension of Time to File Response/Reply as to 57 Order on Motion for Extension of Time, on cross-motions for summary judgment (ECF Nos. 59, 70), also to extend plaintiff's time to reply in support of their cross-motion addressed to Judge Analisa Torres from David S. Jones dated 05/11/2016. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency.(Jones, David) (Entered: 05/11/2016)
2016-05-1173ORDER granting 72 Letter Motion for Extension of Time to File Response/Reply re 58 MOTION for Partial Summary Judgment, 69 CROSS MOTION for Partial Summary Judgment. GRANTED. Defendants shall file their opposition and reply by June 8, 2016. Plaintiffs shall file their reply by July 1, 2016. No further extensions shall be granted. SO ORDERED. (Replies due by 6/8/2016. Responses due by 6/8/2016. Replies due by 7/1/2016.) (Signed by Judge Analisa Torres on 5/11/2016) (kko) (Entered: 05/11/2016)
2016-06-0874NOTICE of filing of classified document on 2/29/2016 re: 58 MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Jones, David) (Entered: 06/08/2016)
2016-06-0875REPLY MEMORANDUM OF LAW in Support re: 58 MOTION for Partial Summary Judgment . and in Opposition to Plaintiffs' Cross-Motion . Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Barnea, Jean-David) (Entered: 06/08/2016)
2016-06-0876DECLARATION of Antoinette B. Shiner (CIA) in Support re: 58 MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Barnea, Jean-David) (Entered: 06/08/2016)
2016-06-0877DECLARATION of Alesia Y. Williams (DIA) in Support re: 58 MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Barnea, Jean-David) (Entered: 06/08/2016)
2016-06-0878DECLARATION of David M. Hardy (FBI) in Support re: 58 MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Barnea, Jean-David) (Entered: 06/08/2016)
2016-06-0879DECLARATION of David J. Sherman (NSA) in Support re: 58 MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Barnea, Jean-David) (Entered: 06/08/2016)
2016-06-0880DECLARATION of John Bradford Wiegmann (NSD) in Support re: 58 MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Attachments: # 1 Exhibit Transmittal Letter)(Barnea, Jean-David) (Entered: 06/08/2016)
2016-06-0881DECLARATION of Eric F. Stein (State) in Support re: 58 MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Barnea, Jean-David) (Entered: 06/08/2016)
2016-07-0182REPLY MEMORANDUM OF LAW in Support re: 69 CROSS MOTION for Partial Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Gorski, Ashley) (Entered: 07/01/2016)
2016-08-17Magistrate Judge James C. Francis IV is so redesignated. (wb) (Entered: 08/17/2016)
2016-08-1883ORDER. It is ORDERED that by September 30, 2016, State shall complete its review of the materials for responsiveness to Plaintiffs' requests, whereupon Defendants shall submit a letter informing the Court as to the number of responsive documents found and proposing a date by which Defendants will produce the responsive documents and a Vaughn index justifying any withholdings. By October 5, 2016, Plaintiffs shall respond to Defendants' letter. Decision on the parties' cross-motions for partial summary judgment is held in abeyance pending Defendants' review of these additional materials. The Clerk of Court is directed to terminate the motions at ECF Nos. 58 and 69. SO ORDERED. Terminating 58 Motion for Partial Summary Judgment; Terminating 69 Motion for Partial Summary Judgment. (Signed by Judge Analisa Torres on 8/18/2016) (rjm) (Entered: 08/19/2016)
2016-08-2384MOTION for Hannah Corey Bloch-Wehba to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12682205. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing for District of Columbia Bar, # 3 Exhibit Certificate of Good Standing for State Bar of Texas)(Bloch-Wehba, Hannah) (Entered: 08/23/2016)
2016-08-23>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 84 MOTION for Hannah Corey Bloch-Wehba to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12682205. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 08/23/2016)
2016-08-2585ORDER granting 84 Motion for Hannah Corey Bloch-Wehba to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa) (Entered: 08/25/2016)
2016-09-2686LETTER addressed to Judge Analisa Torres from David S. Jones dated September 26, 2016 re: outcome of supplemental review of additional files (submitted as directed by order dated August 18, 2016 (ECF No. 83)). Document filed by Department of State.(Jones, David) (Entered: 09/26/2016)
2016-09-2987LETTER addressed to Judge Analisa Torres from Ashley Gorski dated September 29, 2016 re: outcome of supplemental review of additional files (submitted as directed by order dated August 18, 2016 (ECF No. 83)). Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Gorski, Ashley) (Entered: 09/29/2016)
2016-09-3088LETTER addressed to Judge Analisa Torres from David S. Jones dated 09 30 2016 re: response and non-objection to plaintiffs' September 29 letter; request for simultaneous reinstatement of defendants' motion for partial summary judgment. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency.(Jones, David) (Entered: 09/30/2016)
2016-11-22NOTICE OF CASE REASSIGNMENT to Judge Kimba M. Wood. Judge Analisa Torres is no longer assigned to the case. (wb) (Entered: 11/22/2016)
2016-12-1989JOINT LETTER addressed to Judge Kimba M. Wood from Ashley Gorski dated 12/19/2016 re: Status Update and Request to Reinstate Cross-Motions. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Gorski, Ashley) (Entered: 12/19/2016)
2016-12-2190MEMO ENDORSEMENT on re: 89 Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation. ENDORSEMENT SO ORDERED. (Signed by Judge Kimba M. Wood on 12/21/2016) (cf) (Entered: 12/21/2016)
2017-01-0391MOTION for Alex Abdo to Withdraw as Attorney . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Abdo, Alexander) (Entered: 01/03/2017)
2017-01-0492ORDER granting 91 MOTION OF ALEX ABDO TO WITHDRAW AS COUNSEL. SO ORDERED. Attorney Alexander Abraham Abdo terminated. (Signed by Judge Kimba M. Wood on 1/04/2017) (ama) (Entered: 01/04/2017)
2017-03-2793MEMORANDUM OPINION AND ORDER: The parties each move for partial summary judgment on the adequacy of certain agencies' searches and the applicability of certain FOIA exemptions to 150 responsive documents that were partially or fully withheld by Defendants. (As further set forth in this Order.) For the reasons stated above, Defendants' motion is GRANTED in part and DENIED in part, and Plaintiffs' motion is DENIED without prejudice. The parties are directed to confer and jointly submit a proposed briefing schedule on any further motions on or before April 26, 2017. The Clerk of Court is directed to terminate the motions at ECF Nos. 58 and 69. (Signed by Judge Kimba M. Wood on 3/27/2017) (cf) (Entered: 03/27/2017)
2017-03-2794INTERNET CITATION NOTE: Material from decision with Internet citation re: 93 Memorandum & Opinion. (Attachments: # 1 Internet Citation, # 2 Internet Citation, # 3 Internet Citation, # 4 Internet Citation, # 5 Internet Citation, # 6 Internet Citation, # 7 Internet Citation, # 8 Internet Citation, # 9 Internet Citation) (vf) (Entered: 04/19/2017)
2017-04-2595JOINT LETTER addressed to Judge Kimba M. Wood from AUSA Jean-David Barnea dated 4/25/17 re: Schedule for Supplemental Filings. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency.(Barnea, Jean-David) (Entered: 04/25/2017)
2017-04-2696MEMO ENDORSEMENT on re: 95 Letter, filed by Department of Defense, Department of State, Department of Justice, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. (Cross Motions due by 7/10/2017. Motions due by 6/12/2017. Responses due by 7/10/2017. Replies due by 7/24/2017.) (Signed by Judge Kimba M. Wood on 4/25/2017) (ras) (Entered: 04/26/2017)
2017-06-0797CONSENT LETTER MOTION for Extension of Time for submissions on motion for partial summary judgment addressed to Judge Kimba M. Wood from David S. Jones dated June 7, 2017. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency.(Jones, David) (Entered: 06/07/2017)
2017-06-0898ORDER granting 97 Letter Motion for Extension of Time. GRANTED. The parties shall follow the schedule set forth above. (Cross Motions due by 7/14/2017. Motions due by 6/14/2017.) (Signed by Judge Kimba M. Wood on 6/8/2017) (ras) (Entered: 06/08/2017)
2017-06-08Set/Reset Deadlines: Responses due by 7/14/2017. Replies due by 7/28/2017. (ras) (Entered: 06/08/2017)
2017-06-1499SECOND MOTION for Partial Summary Judgment . Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. Responses due by 7/14/2017(Jones, David) (Entered: 06/14/2017)
2017-06-14100MEMORANDUM OF LAW in Support re: 99 SECOND MOTION for Partial Summary Judgment . . Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Jones, David) (Entered: 06/14/2017)
2017-06-14101DECLARATION of Antoinette B. Shiner (CIA) in Support re: 99 SECOND MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Jones, David) (Entered: 06/14/2017)
2017-06-14102DECLARATION of David M. Hardy (FBI) in Support re: 99 SECOND MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Jones, David) (Entered: 06/14/2017)
2017-06-14103DECLARATION of David J. Sherman (NSA) in Support re: 99 SECOND MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Jones, David) (Entered: 06/14/2017)
2017-06-14104DECLARATION of Kevin G. Tiernan (NSD) in Support re: 99 SECOND MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Jones, David) (Entered: 06/14/2017)
2017-07-07105DECLARATION of David M. Hardy (FBI) (Supplemental) in Support re: 99 SECOND MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Barnea, Jean-David) (Entered: 07/07/2017)
2017-07-14106SECOND MOTION for Partial Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. Responses due by 7/28/2017(Gorski, Ashley) (Entered: 07/14/2017)
2017-07-14107MEMORANDUM OF LAW in Support re: 106 SECOND MOTION for Partial Summary Judgment . and in Opposition to Defendants' Second Motion for Partial Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Gorski, Ashley) (Entered: 07/14/2017)
2017-07-25108LETTER MOTION for Extension of Time to File Response/Reply as to 99 SECOND MOTION for Partial Summary Judgment . addressed to Judge Kimba M. Wood from AUSA Jean-David Barnea dated 7/25/17. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency.(Barnea, Jean-David) (Entered: 07/25/2017)
2017-07-25109ORDER granting 108 Letter Motion for Extension of Time to File Response/Reply. GRANTED. Defendants' reply brief shall be filed no later than August 4, 2017. SO ORDERED. (Replies due by 8/4/2017.) (Signed by Judge Kimba M. Wood on 7/25/2017) (ras) (Entered: 07/25/2017)
2017-08-04110REPLY MEMORANDUM OF LAW in Support re: 99 SECOND MOTION for Partial Summary Judgment . and in Opposition to Plaintiffs' Cross-Motion . Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Barnea, Jean-David) (Entered: 08/04/2017)
2017-08-04111REPLY AFFIRMATION of David J. Sherman (NSA) in Support re: 99 SECOND MOTION for Partial Summary Judgment .. Document filed by Central Intelligence Agency, Department of Defense, Department of Justice, Department of State, National Security Agency. (Barnea, Jean-David) (Entered: 08/04/2017)
2017-08-17112ORDER granting 99 Motion for Partial Summary Judgment; denying 106 Motion for Partial Summary Judgment. The parties now each move for partial summary judgment as to the remaining 46 documents that are contested. In accordance with the Order, the Government has conducted additional review and searches, and provided additional support for its motion. (As further set forth in this Order.) For the reasons stated above, Defendants' motion is GRANTED and Plaintiffs' motion is DENIED. The Court believes that this order resolves all remaining issues. If the parties disagree, they shall file a letter on the docket within 30 days explaining any outstanding issues. The Clerk of Court is directed to terminate the motions at ECF Nos. 99 and 106 and to close the case. (Signed by Judge Kimba M. Wood on 8/17/2017) (cf) (Entered: 08/17/2017)
2017-08-17Transmission to Judgments and Orders Clerk. Transmitted re: 112 Order to the Judgments and Orders Clerk. (cf) (Entered: 08/17/2017)
2017-08-22113CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated August 17, 2017, Defendants' motion is granted and Plaintiffs' motion is denied. The Court believes that the Order resolves all remaining issues. If the parties disagree, they shall file a letter on the docket within 30 days explaining any outstanding issues; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/22/2017) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 08/22/2017)
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