Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the CIA properly invoked a Glomar response neither confirming nor denying the existence of records on Armando Florez, the Cuban charge d'affaires in Washington in 1960 when the United States severed diplomatic ties with Cuba, under Exemption 1 (national security) and Exemption 3 (other statutes). Florez eventually was granted asylum in the U.S. Sergio Florez, Armando's son, requested the records. The CIA initially refused to confirm or deny the existence of records, but once Sergio located two records on the CIA's public website, the agency conducted further searches and ultimately produced four declassified records referring to Florez. However, it continued to insist that it could neither confirm nor deny the existence of any possible classified connection with Florez. Judge Sidney Stein found the CIA's affidavits supported its Glomar response. He noted that "unlike an affidavit which summarily recycles the language of the classification standards or exempting statutes, the CIA has outlined how any acknowledgment of the existence of the requested records would reveal classified information regarding intelligence activities, sources and methods, and why that information should logically remain classified. Such declarations are given 'substantial weight' when offered in the context of national security." Sergio argued that the declassified documents referring to the possibility that Florez would provoke a U.S. request for the recall of the Cuban ambassador showed an intelligence interest in Florez that required the agency to disclose more records. Stein disagreed, observing that "the two documents plaintiff identified do not show that the CIA was employing Dr. Florez as an intelligence source or targeting him in any way. They certainly do not reveal any intelligence activity conducted by Dr. Florez or any relationship that he may have had with the CIA. By necessity, the CIA collects and relies upon a plethora of information, but it does not follow that all information reviewed by the CIA is perforce clandestine or classified intelligence."
Issues: Determination - Glomar response, Exemption 1 - Harm to national security

Date Filed	Doc #	Docket Text
2014-02-18	1	CIVIL COVER SHEET filed. (js) (Entered: 02/24/2014)
2014-02-18	2	COMPLAINT against Central Intelligence Agency. (Filing Fee $ 350.00, Receipt Number 465401087855)Document filed by Sergio Florez.(js) (js). (Entered: 02/24/2014)
2014-02-18		SUMMONS ISSUED as to Central Intelligence Agency, U.S. Attorney and U.S. Attorney General. (js) (Entered: 02/24/2014)
2014-02-18		Magistrate Judge Kevin Nathaniel Fox is so designated. (js) (Entered: 02/24/2014)
2014-02-18		Case Designated ECF. (js) (Entered: 02/24/2014)
2014-03-11	3	NOTICE OF APPEARANCE by Jessica Jean Hu on behalf of Central Intelligence Agency. (Hu, Jessica) (Entered: 03/11/2014)
2014-03-11	4	LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Sidney H. Stein from AUSA JESSICA JEAN HU dated March 11, 2014. Document filed by Central Intelligence Agency.(Hu, Jessica) (Entered: 03/11/2014)
2014-03-12	5	ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/17/2014 at 03:00 PM in Courtroom 23A, before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 3/11/2014) (kgo) Modified on 3/12/2014 (kgo). (Entered: 03/12/2014)
2014-03-12	6	ORDER granting 4 Letter Motion for Extension of Time to File Response/Reply: SO ORDERED. (Signed by Judge Sidney H. Stein on 3/11/2014) (tn) (Entered: 03/12/2014)
2014-04-11	7	LETTER addressed to Judge Sidney H. Stein from David E. McCraw dated 4/11/2014 re: Briefing Schedule. Document filed by Sergio Florez.(Baranetsky, Diana) (Entered: 04/11/2014)
2014-04-11	8	MEMO ENDORSEMENT on re: 7 Letter filed by Sergio Florez. ENDORSEMENT: The initial conference set for 4/17/14 is adjourned sine die. (Cross Motions due by 5/14/2014, Motions due by 4/28/2014, Responses due by 5/28/2014, Replies due by 6/11/2014.) (Signed by Judge Sidney H. Stein on 4/11/2014) (tn) (Entered: 04/11/2014)
2014-04-14	9	ANSWER to 2 Complaint. Document filed by Central Intelligence Agency.(Hu, Jessica) (Entered: 04/14/2014)
2014-04-28	10	MOTION for Summary Judgment . Document filed by Central Intelligence Agency. Responses due by 5/14/2017 Return Date set for 5/28/2015 at 11:59 PM.(Hu, Jessica) (Entered: 04/28/2014)
2014-04-28	11	MEMORANDUM OF LAW in Support re: 10 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency. (Hu, Jessica) (Entered: 04/28/2014)
2014-04-28	12	DECLARATION of MARTHA M. LUTZ in Support re: 10 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Hu, Jessica) (Entered: 04/28/2014)
2014-05-14	13	CROSS MOTION for Summary Judgment . Document filed by Sergio Florez. Responses due by 6/3/2014 Return Date set for 6/11/2014 at 05:00 PM.(Baranetsky, Diana) (Entered: 05/14/2014)
2014-05-14	14	MEMORANDUM OF LAW in Support re: 13 CROSS MOTION for Summary Judgment . . Document filed by Sergio Florez. (Baranetsky, Diana) (Entered: 05/14/2014)
2014-05-14	15	DECLARATION of Sergio Florez in Support re: 13 CROSS MOTION for Summary Judgment .. Document filed by Sergio Florez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Baranetsky, Diana) (Entered: 05/14/2014)
2014-05-14	16	DECLARATION of David E. McCraw in Support re: 13 CROSS MOTION for Summary Judgment .. Document filed by Sergio Florez. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Baranetsky, Diana) (Entered: 05/14/2014)
2014-05-21	17	FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Sidney H. Stein from AUSA JESSICA JEAN HU dated May 21, 2014. Document filed by Central Intelligence Agency.(Hu, Jessica) (Entered: 05/21/2014)
2014-05-21	18	ORDER granting 17 Letter Motion for Extension of Time to File Response/Reply re 13 CROSS MOTION for Summary Judgment , 10 MOTION for Summary Judgment . SO ORDERED. Responses due by 5/29/2014. Replies due by 5/29/2014. (Signed by Judge Sidney H. Stein on 5/21/2014) (ja) (Entered: 05/21/2014)
2014-05-29	19	SECOND LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Sidney H. Stein from AUSA JESSICA JEAN HU dated May 29, 2014. Document filed by Central Intelligence Agency.(Hu, Jessica) (Entered: 05/29/2014)
2014-05-29	20	ORDER granting 19 Letter Motion for Extension of Time to File Response/Reply. ENDORSEMENT: SO ORDERED (Signed by Judge Sidney H. Stein on 5/29/2014) (kgo) (Entered: 05/29/2014)
2014-05-29		Set/Reset Deadlines: Responses due by 6/5/2014. Replies due by 6/19/2014. (kgo) (Entered: 05/30/2014)
2014-06-04	21	THIRD LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Sidney H. Stein from AUSA JESSICA JEAN HU dated June 4, 2014. Document filed by Central Intelligence Agency.(Hu, Jessica) (Entered: 06/04/2014)
2014-06-05	22	MEMO ENDORSEMENT granting 21 Letter Motion for Extension of Time to File Response/Reply. ENDORSEMENT: SO ORDERED. Responses due by 7/10/2014. (Signed by Judge Sidney H. Stein on 6/5/2014) (ft) (Entered: 06/05/2014)
2014-06-20	23	LETTER addressed to Judge Sidney H. Stein from AUSA JESSICA JEAN HU dated June 20, 2014 re: Request fo File 12 Page Reply. Document filed by Central Intelligence Agency.(Hu, Jessica) (Entered: 06/20/2014)
2014-06-20	24	REPLY MEMORANDUM OF LAW in Support re: 10 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency. (Hu, Jessica) (Entered: 06/20/2014)
2014-06-20	25	DECLARATION of Martha M. Lutz in Support re: 10 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Hu, Jessica) (Entered: 06/20/2014)
2014-06-20	26	ENDORSED LETTER: addressed to Judge Sidney H. Stein from Preet Bharara dated 6/20/2014 re: The CIA respectfully submits this letter to request permission to file a Reply brief of 12 pages. ENDORSEMENT: So Ordered. (Signed by Judge Sidney H. Stein on 6/20/2014) (js) (Entered: 06/20/2014)
2014-07-09	27	REPLY MEMORANDUM OF LAW in Support re: 13 CROSS MOTION for Summary Judgment . . Document filed by Sergio Florez. (Baranetsky, Diana) (Entered: 07/09/2014)
2015-02-19	28	OPINION & ORDER #105262 re: 13 CROSS MOTION for Summary Judgment filed by Sergio Florez, 10 MOTION for Summary Judgment filed by Central Intelligence Agency. As set forth above, the Court finds that the CIA' s Glomar response was justified by FOIA Exemptions 1 and 3. Defendant's motion for summary judgment is therefore granted and plaintiff's cross-motion for summary judgment is denied. The Clerk of Court is directed to enter judgment accordingly. SO ORDERED. (Signed by Judge Sidney H. Stein on 2/19/2015) (ama) Modified on 2/20/2015 (ca). (Entered: 02/19/2015)
2015-02-19		Transmission to Judgments and Orders Clerk. Transmitted re: 28 Memorandum & Opinion,,, to the Judgments and Orders Clerk. (ama) (Entered: 02/19/2015)
2015-02-20	29	CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated February 19, 2015, the Court finds that the CIA's Glomar response was justified by FOIA Exemptions 1 and 3; Defendant's motion for summary judgment is therefore granted and Plaintiff's cross-motion for summary judgment is denied. (Signed by Clerk of Court Ruby Krajick on 2/20/2015) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Entered: 02/20/2015)
2015-04-03	30	NOTICE OF APPEAL from 29 Clerk's Judgment, 28 Memorandum & Opinion,,. Document filed by Sergio Florez. Filing fee $ 505.00, receipt number 0208-10779160. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (McCraw, David) (Entered: 04/03/2015)
2015-04-03		Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 30 Notice of Appeal. (tp) (Entered: 04/03/2015)
2015-04-03		Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 30 Notice of Appeal, filed by Sergio Florez were transmitted to the U.S. Court of Appeals. (tp) (Entered: 04/03/2015)
2015-05-29	31	INTERNET CITATION NOTE: Material from decision with Internet citation re: 28 Memorandum & Opinion. (vf) (Entered: 05/29/2015)
2016-07-14	32	OPINION of USCA as to 30 Notice of Appeal, filed by Sergio Florez. USCA Case Number 15-1055-cv. Appeal from the entry of summary judgment by the United States District Court for the Southern District of New York (Sidney H. Stein, Judge), in favor of DefendantAppellee Central Intelligence Agency, in an action by Plaintiff-Appellant Sergio Florez challenging the Agency's Glomar response to a Freedom of Information Act request. During the pendency of this appeal, the Federal Bureau of Investigation released certain documents concerning the subject of Mr. Florezs request. Because we find those disclosures relevant to the merits of Mr. Florez's challenge, we REMAND for the District Court to pass on the import of those documents in the first instance. Judge LIVINGSTON dissents in a separate opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 07/14/2016. (nd) (Entered: 07/14/2016)
2016-07-14	33	MANDATE of USCA (Certified Copy) as to 30 Notice of Appeal, filed by Sergio Florez. USCA Case Number 15-1055. Appeal from the entry of summary judgment by the United States District Court for the Southern District of New York (Sidney H. Stein, Judge), in favor of DefendantAppellee Central Intelligence Agency, in an action by Plaintiff-Appellant Sergio Florez challenging the Agency's Glomar response to a Freedom of Information Act request. During the pendency of this appeal, the Federal Bureau of Investigation released certain documents concerning the subject of Mr. Florezs request. Because we find those disclosures relevant to the merits of Mr. Florez's challenge, we REMAND for the District Court to pass on the import of those documents in the first instance. Judge LIVINGSTON dissents in a separate opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/14/2016. (nd) (Entered: 07/14/2016)
2016-07-14		Transmission of USCA Mandate to the District Judge re: 33 USCA Mandate,,,. (nd) (Entered: 07/14/2016)
2016-10-04		Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference held on 10/4/2016. Counsel for all parties were present. (lab) (Entered: 10/04/2016)
2016-10-05	34	ORDER: IT IS HEREBY ORDERED that: Plaintiff's renewed motion for summary judgment is due on or before November 11, 2016; Defendant's opposition is due on or before December 16, 2016; Plaintiff's reply is due on or before January 6, 2017; and Defendant's reply is due on or before January 20, 2017. SO ORDERED., ( Motions due by 11/11/2016., Responses due by 1/20/2017, Replies due by 1/6/2017.) (Signed by Judge Sidney H. Stein on 10/04/2016) (ama) (Entered: 10/05/2016)
2016-10-05		Set/Reset Deadlines: Responses due by 12/16/2016 Replies due by 1/20/2017. (ama) (Entered: 10/26/2016)
2016-11-04	35	LETTER MOTION for Extension of Time addressed to Judge Sidney H. Stein from Jessica Jean Hu dated November 4, 2016. Document filed by Central Intelligence Agency.(Hu, Jessica) (Entered: 11/04/2016)
2016-11-04	36	ORDER granting 35 Letter Motion for Extension of Time. SO ORDERED. (Motions due by 12/2/2016.) (Signed by Judge Sidney H. Stein on 11/4/2016) (cla) (Entered: 11/04/2016)
2016-11-04		Set/Reset Deadlines: Cross Motions due by 1/13/2016. Responses due by 2/3/2017 Replies due by 2/17/2017. (cla) (Entered: 11/04/2016)
2016-11-04		Set/Reset Deadlines: Cross Motions due by 1/13/2017. (cla) (Entered: 12/05/2016)
2016-11-28	37	THIRD LETTER MOTION for Extension of Time addressed to Judge Sidney H. Stein from Jessica Jean Hu dated November 28, 2016. Document filed by Central Intelligence Agency.(Hu, Jessica) (Entered: 11/28/2016)
2016-11-29	38	ORDER granting 37 Letter Motion for Extension of Time. SO ORDERED. Cross Motions due by 2/3/2017. Motions due by 12/23/2016. (Signed by Judge Sidney H. Stein on 11/29/2016) (cf) (Entered: 11/29/2016)
2016-11-29		Set/Reset Deadlines: Responses due by 2/24/2017 Replies due by 3/10/2017. (cf) (Entered: 11/29/2016)
2016-12-20	39	LETTER MOTION to Stay Summary Judgment Briefing addressed to Judge Sidney H. Stein from David E. McCraw dated December 20, 2016. Document filed by Sergio Florez.(McCraw, David) (Entered: 12/20/2016)
2016-12-21	40	ORDER granting 39 Letter Motion to Stay. Application Granted. SO ORDERED. (Signed by Judge Sidney H. Stein on 12/20/2016) (ama) (Entered: 12/21/2016)
2017-01-06	41	NOTICE OF APPEARANCE by Ian MacDougall on behalf of Sergio Florez. (MacDougall, Ian) (Entered: 01/06/2017)
2017-01-10	42	LETTER MOTION for Extension of Time addressed to Judge Sidney H. Stein from JESSICA JEAN HU dated January 10, 2017. Document filed by Central Intelligence Agency.(Hu, Jessica) (Entered: 01/10/2017)
2017-01-11	43	ORDER granting 42 Letter Motion for Extension of Time. (CIA submits this letter to respectfully request that the CIA's deadline to produce documents in response to Plaintiff's FOIA request be extended from January 10, 2017, to January 13, 2017, and that Plaintiff's deadline to inform the Court whether renewed summary judgment motions are necessary, and to provide the Court with a proposed briefing schedule, be extended from January 20, 2017, to January 27, 2017.) Application Granted. SO ORDERED. (Signed by Judge Sidney H. Stein on 1/11/2017) (ama) (Entered: 01/11/2017)
2017-01-25	44	LETTER MOTION for Extension of Time addressed to Judge Sidney H. Stein from David E. McCraw dated January 25, 2017. Document filed by Sergio Florez.(McCraw, David) (Entered: 01/25/2017)
2017-01-26	45	ORDER granting 44 Letter Motion for Extension of Time. (Accordingly, Plaintiff requests that the Court extend the time for the parties to provide an update as to the need for renewed summary judgment motions until Friday, February 10, 2017.) Application Granted. SO ORDERED. (Signed by Judge Sidney H. Stein on 1/26/2017) (ama) (Entered: 01/26/2017)
2017-02-10	46	FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - CONSENT LETTER MOTION for Leave to File Cross-Motions for Summary Judgment addressed to Judge Sidney H. Stein from David E. McCraw dated February 10, 2017. Document filed by Sergio Florez.(McCraw, David) Modified on 3/9/2017 (db). (Entered: 02/10/2017)
2017-02-10	47	ORDER granting 46 Letter Motion for Leave to File Document. SO ORDERED. (Signed by Judge Sidney H. Stein on 2/10/2017) (jwh) (Entered: 02/10/2017)
2017-02-10		Cross Motions due by 4/24/2017. Motions due by 3/24/2017. Responses due by 5/8/2017 Replies due by 5/22/2017. (Signed by Judge Sidney H. Stein on 2/10/2017) (jwh) (Entered: 02/10/2017)
2017-03-22	48	FIRST LETTER MOTION for Extension of Time addressed to Judge Sidney H. Stein from JESSICA JEAN HU dated March 22, 2017. Document filed by Central Intelligence Agency.(Hu, Jessica) (Entered: 03/22/2017)
2017-03-22	49	ORDER: granting 48 Letter Motion for Extension of Time. SO ORDERED. Motions due by 3/28/2017. (Signed by Judge Sidney H. Stein on 3/22/2017) (ama) (Entered: 03/22/2017)
2017-03-28	50	MOTION for Summary Judgment . Document filed by Central Intelligence Agency.(Hu, Jessica) (Entered: 03/28/2017)
2017-03-28	51	MEMORANDUM OF LAW in Support re: 50 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency. (Hu, Jessica) (Entered: 03/28/2017)
2017-03-28	52	DECLARATION of Jessica Jean Hu in Support re: 50 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit 1A, # 2 Exhibit 1B, # 3 Exhibit 2, # 4 Exhibit 3)(Hu, Jessica) (Entered: 03/28/2017)
2017-03-28	53	DECLARATION of Antoinette B. Shiner in Support re: 50 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Hu, Jessica) (Entered: 03/28/2017)
2017-04-24	54	CROSS MOTION for Summary Judgment (Partial) . Document filed by Sergio Florez.(McCraw, David) (Entered: 04/24/2017)
2017-04-24	55	MEMORANDUM OF LAW in Support re: 54 CROSS MOTION for Summary Judgment (Partial) . . Document filed by Sergio Florez. (McCraw, David) (Entered: 04/24/2017)
2017-05-04	56	LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Sidney H. Stein from JESSICA JEAN HU dated May 4, 2017. Document filed by Central Intelligence Agency.(Hu, Jessica) (Entered: 05/04/2017)
2017-05-04	57	ORDER granting 56 Letter Motion for Extension of Time to File Response/Reply re 50 MOTION for Summary Judgment , 54 CROSS MOTION for Summary Judgment (Partial): So ordered. (Responses due by 5/19/2017 Replies due by 6/2/2017.) (Signed by Judge Sidney H. Stein on 5/4/2017) (jwh) (Entered: 05/04/2017)
2017-05-19	58	SECOND LETTER MOTION for Extension of Time addressed to Judge Sidney H. Stein from JESSICA JEAN HU dated May 19, 2017. Document filed by Central Intelligence Agency.(Hu, Jessica) (Entered: 05/19/2017)
2017-05-19	59	ORDER granting 58 Letter Motion for Extension of Time: SO ORDERED. (Signed by Judge Loretta A. Preska on 5/19/2017) (jwh) (Entered: 05/19/2017)
2017-05-19		Set/Reset Deadlines as to 50 MOTION for Summary Judgment ., 54 CROSS MOTION for Summary Judgment (Partial) .. Replies due by 6/16/2017. (jwh) (Entered: 06/07/2017)
2017-06-02	60	THIRD LETTER MOTION for Extension of Time addressed to Judge Sidney H. Stein from JESSICA JEAN HU dated June 2, 2017. Document filed by Central Intelligence Agency.(Hu, Jessica) (Entered: 06/02/2017)
2017-06-02	61	ORDER granting 60 Letter Motion for Extension of Time. (The CIA respectfully requests that its deadline for filing a brief in further support of its own motion for summary judgment and in opposition to Plaintiff's cross-motion for summary judgment be extended an additional two weeks from June 2, 2017, to June 16, 2017. The CIA further requests that Plaintiff's deadline to file his reply be extended from June 16, 2017, to June 30, 2017). SO ORDERED. (Signed by Judge Edgardo Ramos Part I on 6/02/2017) (ama) (Entered: 06/02/2017)
2017-06-02		Set/Reset Deadlines: Responses due by 6/16/2017 Replies due by 6/30/2017. (ama) (Entered: 06/02/2017)
2017-06-13	62	LETTER addressed to Judge Sidney H. Stein from Jessica Jean Hu dated June 13, 2017 re: Settlement Agreement. Document filed by Central Intelligence Agency.(Hu, Jessica) (Entered: 06/13/2017)
2017-06-13	63	ORDER OF DISMISSAL: The Court having been informed that this action has settled [ECF # 62], IT IS HEREBY ORDERED that this action is dismissed with prejudice and without costs; provided, however, that within 30 days of the date of this Order any party may reinstate this action in writing. The Court retains jurisdiction to enforce the settlement agreement. SO ORDERED. (Signed by Judge Sidney H. Stein on 6/13/2017) (ama) (Entered: 06/13/2017)
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