| Date Filed | Doc # | Docket Text |
|
| 2017-03-16 | 1 | COMPLAINT against Central Intelligence Agency. (Filing Fee $ 400.00, Receipt Number 0208-13427364)Document filed by Adam Johnson. (Attachments: # 1 Exhibit Exhibit A - Example of CIA Redactions)(Novack, Daniel) (Entered: 03/16/2017) |
| 2017-03-16 | 2 | CIVIL COVER SHEET filed. (Novack, Daniel) (Entered: 03/16/2017) |
| 2017-03-16 | 3 | REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint. Document filed by Adam Johnson. (Novack, Daniel) (Entered: 03/16/2017) |
| 2017-03-17 | | ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Richard Novack. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (jvs) (Entered: 03/17/2017) |
| 2017-03-17 | | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (jvs) (Entered: 03/17/2017) |
| 2017-03-17 | | Magistrate Judge Gabriel W. Gorenstein is so designated. (jvs) (Entered: 03/17/2017) |
| 2017-03-17 | | Case Designated ECF. (jvs) (Entered: 03/17/2017) |
| 2017-03-17 | 4 | ELECTRONIC SUMMONS ISSUED as to Central Intelligence Agency. (jvs) (Entered: 03/17/2017) |
| 2017-03-20 | 5 | AFFIDAVIT OF SERVICE of Summons and Complaint. Central Intelligence Agency served on 3/20/2017, answer due 4/20/2017. Service was made by Mail. Document filed by Adam Johnson. (Novack, Daniel) (Entered: 03/20/2017) |
| 2017-04-07 | 6 | NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of Central Intelligence Agency. (Sun, Anthony) (Entered: 04/07/2017) |
| 2017-04-13 | 7 | LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from AUSA Anthony J. Sun dated 4/13/2017. Document filed by Central Intelligence Agency.(Sun, Anthony) (Entered: 04/13/2017) |
| 2017-04-13 | 8 | ORDER granting 7 Letter Motion for Extension of Time. OK. (Signed by Judge Colleen McMahon on 4/13/2017) (kgo) (Entered: 04/13/2017) |
| 2017-04-13 | | Set/Reset Deadlines: Central Intelligence Agency answer due 5/8/2017. (kgo) (Entered: 04/13/2017) |
| 2017-04-13 | 9 | ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/19/2017 at 10:15 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 4/13/2017) (kgo) Modified on 4/13/2017 (kgo). (Entered: 04/13/2017) |
| 2017-05-08 | 10 | ANSWER to 1 Complaint. Document filed by Central Intelligence Agency.(Sun, Anthony) (Entered: 05/08/2017) |
| 2017-05-19 | | Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 5/19/2017. Decision: Initial conference held. Parties have until June 30, 2017 to resolve all outstanding issues in this case. Otherwise, Plaintiffs motion for summary judgment will be due by July 28, 2017, the Governments response will be due August 25, 2017, and Plaintiffs reply will be due by September 8, 2017.Submitted By: Jeremy R. Girton. (mde) (Entered: 05/19/2017) |
| 2017-07-10 | 11 | CONSENT LETTER MOTION for Extension of Time re briefing schedule addressed to Judge Colleen McMahon from AUSA Anthony J. Sun dated 7/10/2017. Document filed by Central Intelligence Agency.(Sun, Anthony) (Entered: 07/10/2017) |
| 2017-07-10 | 12 | ORDER granting 11 CONSENT LETTER MOTION for Extension of Time re briefing schedule addressed to Judge Colleen McMahon from AUSA Anthony J. Sun dated 7/10/2017. Document filed by Central Intelligence Agency. OK. (Cross Motions due by 9/8/2017. Motions due by 8/11/2017). (Signed by Judge Colleen McMahon on 7/10/2017) (rjm) (Entered: 07/11/2017) |
| 2017-07-10 | | Set/Reset Deadlines: Responses due by 9/22/2017. Replies due by 10/6/2017. (rjm) (Entered: 07/11/2017) |
| 2017-08-08 | 13 | SECOND LETTER MOTION for Extension of Time on consent re briefing schedule addressed to Judge Colleen McMahon from AUSA Anthony J. Sun dated 8/8/2017. Document filed by Central Intelligence Agency.(Sun, Anthony) (Entered: 08/08/2017) |
| 2017-08-08 | 14 | ORDER granting 13 Letter Motion for Extension of Time. Ok. Cross Motions due by 9/22/2017. Motions due by 8/25/2017. (Signed by Judge Colleen McMahon on 8/8/2017) (mro) (Entered: 08/09/2017) |
| 2017-08-08 | | Set/Reset Deadlines: Responses due by 10/6/2017 Replies due by 10/20/2017. (mro) (Entered: 08/09/2017) |
| 2017-08-25 | 15 | NOTICE OF APPEARANCE by Elizabeth Tulis on behalf of Central Intelligence Agency. (Tulis, Elizabeth) (Entered: 08/25/2017) |
| 2017-08-25 | 16 | MOTION for Summary Judgment . Document filed by Central Intelligence Agency. Responses due by 9/22/2017(Sun, Anthony) (Entered: 08/25/2017) |
| 2017-08-25 | 17 | DECLARATION of Anthony J. Sun in Support re: 16 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Sun, Anthony) (Entered: 08/25/2017) |
| 2017-08-25 | 18 | DECLARATION of Antoinette B. Shiner in Support re: 16 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Sun, Anthony) (Entered: 08/25/2017) |
| 2017-08-25 | 19 | NOTICE of Classified Filing re: 16 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Sun, Anthony) (Entered: 08/25/2017) |
| 2017-08-25 | 20 | MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency. (Sun, Anthony) (Entered: 08/25/2017) |
| 2017-09-22 | 21 | MOTION for Summary Judgment . Document filed by Adam Johnson. Responses due by 10/6/2017(Novack, Daniel) (Entered: 09/22/2017) |
| 2017-09-22 | 22 | MEMORANDUM OF LAW in Support re: 21 MOTION for Summary Judgment . . Document filed by Adam Johnson. (Novack, Daniel) (Entered: 09/22/2017) |
| 2017-10-06 | 23 | REPLY MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment ., 21 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency. (Sun, Anthony) (Entered: 10/06/2017) |
| 2017-10-20 | 24 | REPLY MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment ., 21 MOTION for Summary Judgment . . Document filed by Adam Johnson. (Novack, Daniel) (Entered: 10/20/2017) |
| 2018-01-19 | 25 | ORDER: The court has today posted an interim order in the above-captioned case. The Government has been given a copy of this order, which seeks additional briefing from the parties on the issue of FOIA waiver. The Government has five business days to review this order and redact any classified information therefrom, so that the redacted order can be publicly posted on ECF. (Signed by Judge Colleen McMahon on 1/19/2018) (kgo) (Entered: 01/19/2018) |
| 2018-01-24 | 26 | LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from AUSA Anthony J. Sun dated 1/24/2018. Document filed by Central Intelligence Agency.(Sun, Anthony) (Entered: 01/24/2018) |
| 2018-01-25 | 27 | ORDER granting 26 Letter Motion for Extension of Time. OK. (Signed by Judge Colleen McMahon on 1/25/2018) (kgo) (Entered: 01/25/2018) |
| 2018-01-30 | 28 | MEMORANDUM ORDER REGARDING THE GOVERNMENT'S AND PLAINTIFF'S RESPECTIVE MOTIONS FOR SUMMARY JUDGMENT: The Government has until January 31 to provide the court with a better reply to Plaintiff's brief in opposition to the motion. There is no need to reiterate the reasons why the exemptions apply, the only open issue is whether they have been waived. I must give Plaintiff an opportunity to respond to any unclassified information in the Government's response; it has until February 15. This constitutes the decision and order of the Court. BY HAND TO THE GOVERNMENT IN UNREDACTED FORM. BY ECF IN REDACTED FORM TO ALL COUNSEL. (Signed by Judge Colleen McMahon on 1/19/2018) (ras) (Entered: 01/30/2018) |
| 2018-02-14 | 29 | SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment . (redacted version) . Document filed by Central Intelligence Agency. (Sun, Anthony) (Entered: 02/14/2018) |
| 2018-02-14 | 30 | NOTICE of Classified Lodging re: 29 Memorandum of Law in Support of Motion. Document filed by Central Intelligence Agency. (Sun, Anthony) (Entered: 02/14/2018) |
| 2018-02-27 | 31 | CONSENT MOTION to File Amicus Brief in Opposition to Defendant's Motion for Summary Judgment . Document filed by National Security Counselors, Inc., New Venture Fund. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 02/27/2018) |
| 2018-03-02 | 32 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUPPLEMENTAL MOTION for Summary Judgment . Document filed by Adam Johnson.(Novack, Daniel) Modified on 4/23/2018 (ldi). (Entered: 03/02/2018) |
| 2018-03-09 | 33 | NOTICE OF CHANGE OF ADDRESS by Kelly Brian McClanahan on behalf of National Security Counselors, Inc., New Venture Fund. New Address: National Security Counselors, 4702 Levada Terrace, Rockville, MD, USA 20853, 301-728-5908. (McClanahan, Kelly) (Entered: 03/09/2018) |
| 2018-03-09 | 34 | CONSENT MOTION for Extension of Time to File Proposed Amici Curiae Brief . Document filed by National Security Counselors, Inc., New Venture Fund. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/09/2018) |
| 2018-03-12 | 35 | ORDER granting 34 Letter Motion for Extension of Time to File Amici Curiae Brief. It is ORDERED that the Motion is GRANTED conditioned on the filing of a brief by March 16. I do not consent to April 2; this motion must be decided before March 31. (Signed by Judge Colleen McMahon on 3/12/2018) (kgo) (Entered: 03/12/2018) |
| 2018-03-12 | | Set/Reset Deadlines: Brief due by 3/16/2018. (kgo) (Entered: 03/12/2018) |
| 2018-03-16 | 36 | BRIEF re: 16 MOTION for Summary Judgment ., 21 MOTION for Summary Judgment . (Amici Curiae) . Document filed by National Security Counselors, Inc., New Venture Fund, Government Accountability Project, Inc., Government Information Watch, Project on Government Oversight, Inc.. (Attachments: # 1 Exhibit A - NSC v. CIA Suppl. Lutz Decl., # 2 Exhibit B - Leak report form)(McClanahan, Kelly) (Entered: 03/16/2018) |
| 2018-03-29 | 37 | RESPONSE in Support of Motion re: 16 MOTION for Summary Judgment . Response to brief of amici curiae . Document filed by Central Intelligence Agency. (Sun, Anthony) (Entered: 03/29/2018) |
| 2018-03-29 | 38 | ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT terminating 31 Letter Motion to File Amicus Brief; denying 32 Motion for Summary Judgment; granting 16 Motion for Summary Judgment; terminating 21 Motion for Summary Judgment. The motion by the Defendant Central Intelligence Agency for summary judgment dismissing Plaintiff's complaint under the Freedom of Information Act (FOIA), 5 U.S.C. § 552 (1988), is GRANTED. The cross motion for summary judgment filed by Plaintiff is correspondingly DENIED. The Clerk is directed to remove the motions at Dockets# 16 and 21, from the Court's list of open motions. Docket #32 is erroneously docketed as a "Supplemental Motion," when it is in fact a "supplemental brief;" it is the Plaintiff's reply papers in support of its motion and in opposition to the Government's motion. Therefore, Docket #32 should be removed from the Court's list of open motions. Finally, the court has already granted the consent motion by Amici to file a brief in this matter, so the motion at Docket #31 should be closed and removed from the Court's open motion list. There should be no open motions remaining in this matter. (As further set forth herein.) (Signed by Judge Colleen McMahon on 3/29/2018) (kgo) (Entered: 03/29/2018) |
| 2018-03-29 | | Transmission to Judgments and Orders Clerk. Transmitted re: 38 Order on Motion to File Amicus Brief, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,,,, to the Judgments and Orders Clerk. (kgo) (Entered: 03/29/2018) |
| 2018-03-30 | | ***DELETED DOCUMENT. Deleted document number 39 CLERK'S JUDGMENT. The document was incorrectly filed in this case. (dt) (Entered: 04/26/2018) |
| 2018-04-12 | 40 | NOTICE OF LODGING: The court is providing the United States Attorney with a copy of its opinion for security clearance. The Government should not need more than 10 days to accomplish its review. (Signed by Judge Colleen McMahon on 4/12/2018) (kgo) (Entered: 04/13/2018) |
| 2018-04-26 | 41 | MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT: The public disclosure doctrine "is premised upon the logic that a FOIA exemption can no longer serve its purpose when there is a permanent public record of the requested information," Muslim Advocates, supra., 833 F. Supp 2d at 101, n.7, citing Cottone, supra., 193 F.3d at 554. Despite the CIA's carelessness in not ensuring that every copy of the information it disclosed remained within its custody-thereby giving it the benefit of a carefully crafted "safe harbor" that has long been recognized by the courts-the plaintiff in this case and the Amici that support his quest have not proven that there exists a permanent public record of the information they are requesting. For that reason, I conclude that the CIA's motion for summary judgment should be granted, and that plaintiff Johnson's cross motion for summary judgment should be denied, and as further set forth in this order. (Signed by Judge Colleen McMahon on 4/12/2018) (ap) (Entered: 04/26/2018) |
| 2018-04-26 | | Transmission to Judgments and Orders Clerk. Transmitted re: 41 Order to the Judgments and Orders Clerk. (ap) (Entered: 04/26/2018) |
| 2018-04-26 | 42 | CLERK'S FINAL JUDGMENT: re: 41 Order. in favor of Central Intelligence Agency against Adam Johnson. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Decision and Order dated April 12, 2018, the CIA's motion for summary judgment is granted and that Plaintiff Johnson's cross-motion for summary judgment is denied. (Signed by Clerk of Court Ruby Krajick on 04/26/2018) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 04/26/2018) |
| 2018-05-07 | 43 | MOTION for Extension of Time to file Motion for Costs and Attorney Fees . Document filed by Adam Johnson.(Novack, Daniel) (Entered: 05/07/2018) |
| 2018-05-09 | 44 | MEMO ENDORSEMENT on CONSENT MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR COSTS AND ATTORNEY FEES. ENDORSEMENT: OK. Granting 43 Motion for Extension of Time. (Signed by Judge Colleen McMahon on 5/8/2018) (rjm) (Entered: 05/09/2018) |
| 2018-05-09 | | Set/Reset Deadlines: Motions due by 6/25/2018. (rjm) (Entered: 05/09/2018) |
| 2018-06-19 | 45 | NOTICE OF APPEAL from 41 Order,,,,. Document filed by Adam Johnson. Filing fee $ 505.00, receipt number 0208-15217041. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Novack, Daniel) (Entered: 06/19/2018) |
| 2018-06-19 | | Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 45 Notice of Appeal. (tp) (Entered: 06/19/2018) |
| 2018-06-19 | | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 45 Notice of Appeal filed by Adam Johnson were transmitted to the U.S. Court of Appeals. (tp) (Entered: 06/19/2018) |
| 2019-07-30 | 46 | PROPOSED STIPULATION AND ORDER. Document filed by Central Intelligence Agency. (Sun, Anthony) (Entered: 07/30/2019) |
| 2019-07-30 | 47 | STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, and subject to endorsement by the Court, that: 1. The documents produced by CIA fully settle any and all claims Plaintiff now has or may hereafter acquire against CIA or the United States of America ("United States"), or any department, agency, officer, or employee of CIA and/or the United States, related to or arising out of Plaintiff's FOIA request at issue in this action. 2. As soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order, CIA shall pay to Plaintiff via electronic funds transfer to the IOLTA account designated by Plaintiffs counsel the sum of TWO THOUSAND TWO HUNDRED DOLLARS AND ZERO CENTS ($2,200.00) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiff agrees to accept as full payment of any attorneys' fees and costs Plaintiff has incurred or will incur in this action for services performed up to the date of this Stipulation and Order. 3. This action is hereby dismissed with prejudice, and without costs or fees other than as provided in paragraph 2 of this Stipulation and Order, provided that the Court shall retain jurisdiction over any issues that may arise relating to this Stipulation and Order, as urther st forth in this Order. (Signed by Judge Colleen McMahon on 7/30/2019) (mml) (Entered: 07/30/2019) |
| 2019-08-19 | 48 | MANDATE of USCA (Certified Copy) as to 45 Notice of Appeal filed by Adam Johnson. USCA Case Number 18-1826-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/19/2019. (nd) (Entered: 08/19/2019) |
| 2019-08-19 | | Transmission of USCA Mandate to the District Judge re: 48 USCA Mandate,. (nd) (Entered: 08/19/2019) |
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