Case Detail

FOIA Project Annotation: Judge Randolph Moss has ruled that the CIA properly invoked a Glomar response neither confirming nor denying the existence of records concerning any agency communications with the district attorney's office in Douglas County, Colorado. Larry Klayman represented Jeffrey Maes in a civil suit against Raymond Allen Davis, who was convicted of third-degree assault as the result of an altercation following an argument over a parking spot. Davis had been involved in a fatal shooting in Pakistan and had been identified in the press as a CIA contractor. Klayman believed the CIA was responsible for "strange things" that happened during the civil suit and filed a FOIA request with the CIA. Challenging the Glomar response, Klayman argued that any communication about the civil litigation could not possibly be classified. But Moss explained the agency was not concerned about the subject matter, but instead, "it contends that disclosure of whether or not it communicated with local officials would reveal whether or not it has or had a covert relationship with Davis. Indeed, that is precisely what Plaintiff seeks to discover." Moss found Klayman's claims of interference were not sufficient to rebut the agency's Glomar response. He noted that "in short, [Klayman] offers nothing but unsupported speculation that the CIA interfered in any way with the civil or criminal cases stemming from Davis's assault on Maesâ€"or, indeed, that it had anything to do with either case. This is not a basis for questioning the Agency's good faith or otherwise rejecting its Glomar response." Moss rejected Klayman's argument that any time the CIA communicated with a third party it had made a public disclosure. Moss pointed out that "it defies commonsense to argue that any time a CIA official allegedly communicates with a third party, any such communication (if, in fact, one exists) has been 'made public'â€"and is thus subject to FOIA disclosure." He added that "the mere fact that Plaintiff seeks communications allegedly occurring between the CIA and third parties does not undermine the propriety of the CIA's Glomar response."
Issues: Determination - Glomar response

Date Filed	Doc #	Docket Text
2014-03-21	1	COMPLAINT against CENTRAL INTELLIGENCE AGENCY ( Filing fee $ 400 receipt number 0090-3659817) filed by FREEDOM WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons CIA, # 3 Summons US Attorney, # 4 Summons Attorney General)(Klayman, Larry) (Entered: 03/21/2014)
2014-03-21		Case Assigned to Judge Richard J. Leon. (md, ) (Entered: 03/21/2014)
2014-03-21	2	ELECTRONIC SUMMONS (3) ISSUED as to CENTRAL INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice of Consent, # 4 Consent Form)(md, ) (Entered: 03/21/2014)
2014-11-24		Case randomly reassigned to Judge Randolph D. Moss. Judge Richard J. Leon no longer assigned to the case. (gt, ) (Entered: 11/24/2014)
2015-01-27	3	ORDER: Pursuant to Rule 4(m), Federal Rules of Civil Procedure, the plaintiff shall, within 14 days, show cause why this case should not be dismissed for failure to serve the defendant within 120 days after filing of the complaint. Signed by Judge Randolph D. Moss on 1/27/2015. (kt) (Entered: 01/27/2015)
2015-02-10	4	RESPONSE TO ORDER OF THE COURT re 3 Order, filed by FREEDOM WATCH, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Klayman, Larry) (Entered: 02/10/2015)
2015-02-12	5	ORDER instructing the Defendant to file a status report or responsive pleading on or before March 12, 2015. Signed by Judge Randolph D. Moss on February 12, 2015. (lcrdm1, ) (Entered: 02/12/2015)
2015-02-13		Set/Reset Deadline: The Defendant to file a Status Report or Responsive Pleading on or before 3/12/2015. (kt) (Entered: 02/13/2015)
2015-03-12	6	MOTION to Dismiss by CENTRAL INTELLIGENCE AGENCY (Haynes, Fred) (Entered: 03/12/2015)
2015-03-12	7	STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit A - Van Horn Declaration)(Haynes, Fred) (Entered: 03/12/2015)
2015-03-26	8	Consent MOTION to Amend/Correct 1 Complaint, by FREEDOM WATCH, INC. (Attachments: # 1 Exhibit 1)(Klayman, Larry) (Entered: 03/26/2015)
2015-03-27		MINUTE ORDER: Upon consideration of Plaintiff's Consent Motion to Amend the Complaint 8 , it is hereby ORDERED that the motion is GRANTED. The Amended Complaint attached as Ex. 1 to Motion 8 is DEEMED FILED. It is further ORDERED that Defendant's Motion to Dismiss 6 is DENIED as moot. Signed by Judge Randolph D. Moss on March 27, 2015. (lcrdm1, ) (Entered: 03/27/2015)
2015-03-27	9	AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY filed by LARRY KLAYMAN.(rdj) (Entered: 03/27/2015)
2015-04-10	10	Consent MOTION for Extension of Time to File Answer re 9 Amended Complaint by CENTRAL INTELLIGENCE AGENCY (Haynes, Fred) (Entered: 04/10/2015)
2015-04-13		MINUTE ORDER: Upon consideration of Defendant's Consent Motion for Extension of Time to File Answer to Amended Complaint 10 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its Answer on April 13, 2015. Signed by Judge Randolph D. Moss on April 13, 2015. (lcrdm1, ) (Entered: 04/13/2015)
2015-04-13		Set/Reset Deadline: Defendant shall file its Answer on 4/13/2015. (ad) (Entered: 04/13/2015)
2015-04-13	11	ANSWER to 9 Amended Complaint by CENTRAL INTELLIGENCE AGENCY. Related document: 9 Amended Complaint filed by LARRY KLAYMAN.(Haynes, Fred) (Entered: 04/13/2015)
2015-04-14	12	ORDER directing parties to confer and submit a joint report proposing a briefing schedule on or before April 28, 2015. See order for details. Signed by Judge Randolph D. Moss on April 14, 2015. (lcrdm1, ) (Entered: 04/14/2015)
2015-04-14		Set/Reset Deadline: The parties shall confer and submit, on or before 4/28/2015, a joint report proposing a briefing schedule on dispositive motions and addressing whether any further amendments to the pleadings are contemplated. (kt) (Entered: 04/14/2015)
2015-04-28	13	STATUS REPORT (Joint) by LARRY KLAYMAN. (Klayman, Larry) (Entered: 04/28/2015)
2015-04-30		MINUTE ORDER: Upon consideration of the Joint Status Report 13 , it is hereby ORDERED that the following schedule shall govern further proceedings in this case: (1) Defendant will file a motion for summary judgment by May 29, 2015; (2) Plaintiff will file an opposition to that motion by June 29, 2015; and (3) Defendant will file a reply no later than fourteen days after Plaintiff files an opposition. Signed by Judge Randolph D. Moss on April 30, 2015. (lcrdm1, ) (Entered: 04/30/2015)
2015-04-30		Set/Reset Deadlines: Defendant will file a motion for summary judgment by 5/29/2015; Plaintiff will file an opposition to that motion by 6/29/2015. (kt) (Entered: 04/30/2015)
2015-05-29	14	First MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Haynes, Fred) (Entered: 05/29/2015)
2015-06-01		MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time 14 , it is hereby ORDERED that the motion is granted. Defendant shall file its motion for summary judgment on June 1, 2015. Signed by Judge Randolph D. Moss on June 1, 2015. (lcrdm1, ) (Entered: 06/01/2015)
2015-06-01		Set/Reset Deadline: Defendant shall file its Motion for Summary Judgment on 6/1/2015. (kt) (Entered: 06/01/2015)
2015-06-01	15	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Haynes, Fred) (Entered: 06/01/2015)
2015-06-02		MINUTE ORDER: Upon consideration of Defendant's Consent Motion for Extension of Time 15 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its motion for summary judgment on or before June 3, 2015. Signed by Judge Randolph D. Moss on June 2, 2015. (lcrdm1, ) (Entered: 06/02/2015)
2015-06-02		Set/Reset Deadline: Defendant shall file its motion for summary judgment on or before 6/3/2015. (kt) (Entered: 06/02/2015)
2015-06-03	16	MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Exhibit A - Lutz Declaration)(Haynes, Fred) (Entered: 06/03/2015)
2015-06-30	17	Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment by LARRY KLAYMAN (Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered: 06/30/2015)
2015-07-01		MINUTE ORDER: Upon consideration of Plaintiff's Consent Motion for an Extension of Time 17 it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file his response to Defendant's Motion for Summary Judgment on or before July 21, 2015. Signed by Judge Randolph D. Moss on July 1, 2015. (lcrdm1, ) (Entered: 07/01/2015)
2015-07-01		Set/Reset Deadline: Plaintiff shall file his response to Defendant's Motion for Summary Judgment on or before 7/21/2015. (kt) (Entered: 07/01/2015)
2015-07-20	18	Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment by LARRY KLAYMAN (Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered: 07/20/2015)
2015-07-21		MINUTE ORDER: Upon consideration of Plaintiff's Consent Motion for an Extension of Time 18 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file his response on or before August 4, 2015. Signed by Judge Randolph D. Moss on July 21, 2015. (lcrdm1, ) (Entered: 07/21/2015)
2015-07-22		Set/Reset Deadline: Plaintiff shall file his response on or before 8/4/2015. (kt) (Entered: 07/22/2015)
2015-08-04	19	Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment by LARRY KLAYMAN (Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered: 08/04/2015)
2015-08-05		MINUTE ORDER: Upon consideration of Plaintiff's Consent Motion for Extension of Time 19 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file his response to Defendant's Motion for Summary Judgment on or before August 14, 2015. Signed by Judge Randolph D. Moss on August 5, 2015. (lcrdm1, ) (Entered: 08/05/2015)
2015-08-06		Set/Reset Deadline: Plaintiff shall file his response to Defendant's Motion for Summary Judgment on or before 8/14/2015. (kt) (Entered: 08/06/2015)
2015-08-13	20	RESPONSE re 16 MOTION for Summary Judgment filed by LARRY KLAYMAN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Klayman, Larry) (Entered: 08/13/2015)
2015-08-24	21	Consent MOTION for Extension of Time to File Reply Memorandum in Support of Defendant's Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Haynes, Fred) (Entered: 08/24/2015)
2015-08-25		MINUTE ORDER: Upon consideration of Defendant's Consent Motion for Extension of Time to File Reply Memorandum 21 it is hereby ORDERED that the motion is GRANTED. Defendant shall file its reply on or before August 26, 2015. Signed by Judge Randolph D. Moss on August 25, 2015.(lcrdm1, ) (Entered: 08/25/2015)
2015-08-26		Set/Reset Deadline: Defendant shall file its reply on or before 8/26/2015. (kt) (Entered: 08/26/2015)
2015-08-26	22	REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Haynes, Fred) (Entered: 08/26/2015)
2016-03-22	23	MEMORANDUM AND OPINION: See document for details. Signed by Judge Randolph D. Moss on 3/22/2016. (lcrdm1, ) (Main Document 23 replaced on 3/23/2016) (zkt). (Entered: 03/22/2016)
2016-03-23	24	CLERK'S JUDGMENT in favor of DEFENDANT against PLAINTIFF. Signed by Kristin Thompson, Deputy Clerk, on 3/23/2016. (kt) (Entered: 03/23/2016)
Hide Docket Events