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Case TitleCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. NATIONAL SECURITY AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00569
Date Filed2018-03-14
Date Closed2018-10-11
JudgeJudge Amy Berman Jackson
PlaintiffCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON
Case DescriptionCitizens for Responsibility and Ethics in Washington submitted FOIA requests to the National Security Agency and the CIA. CREW's request to the NSA asked for records concerning communications between homeland security advisor Thomas Bossert and NSA Director Mike Rogers concerning President Trump's May 10, 2017 meeting with the Russian foreign minister and the Russian ambassador. CREW also requested expedited processing. The agency acknowledged receipt of the request and issued a Glomar response, citing Exemption 1 (national security). CREW filed an administrative appeal, arguing that a Glomar response was not appropriate because the White House had already publicly acknowledged that responsive records existed. NSA denied CREW's appeal, citing both Exemption 1 and Exemption 3 (other statutes). CREW submitted a FOIA request to the CIA for records concerning the meeting between Trump and the Russians. CREW also requested expedited processing. The agency acknowledged receipt of the request and granted CREW's request for expedited processing. However, after hearing nothing further from the CIA, CREW filed suit against both agencies.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNATIONAL SECURITY AGENCY
DefendantCENTRAL INTELLIGENCE AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-141COMPLAINT against CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY ( Filing fee $ 400 receipt number 0090-5373344) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Gutman, Jeffrey) (Entered: 03/14/2018)
2018-03-14Case Assigned to Judge Ketanji Brown Jackson. (zsb) (Entered: 03/14/2018)
2018-03-142SUMMONS (2) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY. (Attachment: # 1 Notice and Consent)(zsb) (Entered: 03/14/2018)
2018-03-163GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 3/16/2018. (lckbj1) (Entered: 03/16/2018)
2018-03-274RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL SECURITY AGENCY served on 3/22/2018 (Gutman, Jeffrey) (Entered: 03/27/2018)
2018-04-035RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/27/2018. (Gutman, Jeffrey) (Entered: 04/03/2018)
2018-04-036RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/27/2018. Answer due for ALL FEDERAL DEFENDANTS by 4/26/2018. (Gutman, Jeffrey) (Entered: 04/03/2018)
2018-04-187RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 3/26/2018 (Gutman, Jeffrey) (Entered: 04/18/2018)
2018-04-268ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY.(Elliott, Stephen) (Entered: 04/26/2018)
2018-04-26MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, on or before 5/10/2018. Signed by Judge Ketanji Brown Jackson on 04/26/2018. (lckbj1) (Entered: 04/26/2018)
2018-05-099PROPOSED BRIEFING SCHEDULE (Joint) by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY. (Elliott, Stephen) (Entered: 05/09/2018)
2018-05-14MINUTE ORDER ADOPTING parties' proposed briefing schedule. It is hereby ORDERED that Defendants' motion to stay is due on or before 5/23/2018; Plaintiff's opposition thereto is due on or before 6/6/2018; and Defendants' reply in further support thereof is due on or before 6/13/2018. Signed by Judge Ketanji Brown Jackson on 05/14/2018. (lckbj1) (Entered: 05/14/2018)
2018-05-2310MOTION to Stay Proceedings by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Elliott, Stephen) (Entered: 05/23/2018)
2018-06-0511Memorandum in opposition to re 10 MOTION to Stay Proceedings filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit Exhibit 1, # 2 Text of Proposed Order, # 3 Certificate of Service)(Gutman, Jeffrey) (Entered: 06/05/2018)
2018-06-1312REPLY to opposition to motion re 10 MOTION to Stay Proceedings filed by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY. (Attachments: # 1 Exhibit A)(Elliott, Stephen) (Entered: 06/13/2018)
2018-06-2013ORDER directing NSA to SHOW CAUSE on or before 7/3/2018 why its 10 Motion to Stay the instant proceedings should not be construed as a Notice of Related Case under Local Rule 40.5(a)(3), and so construed, evaluated by this Court under that provision. Signed by Judge Ketanji Brown Jackson on 06/20/2018. (lckbj1) (Entered: 06/20/2018)
2018-07-0314RESPONSE TO ORDER TO SHOW CAUSE by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY . (Elliott, Stephen) (Entered: 07/03/2018)
2018-07-06MINUTE ORDER. It is hereby ORDERED that, on or before 7/16/2018, Plaintiff shall respond to Defendants' 14 Response to Order to Show Cause. Signed by Judge Ketanji Brown Jackson on 07/6/2018. (lckbj1) (Entered: 07/06/2018)
2018-07-1115RESPONSE re 14 RESPONSE TO ORDER TO SHOW CAUSE filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Gutman, Jeffrey) Modified on 7/11/2018 to add docket link (jf). (Entered: 07/11/2018)
2018-07-17MINUTE ORDER. Upon consideration of the parties' filings, it is hereby ORDERED that the Court shall refer this matter to the Calendar Committee for reassignment as related to The James Madison Project, et al. v. Central Intelligence Agency, et al. (17-cv-1231), currently pending before Judge Amy Jackson. Signed by Judge Ketanji Brown Jackson on 07/17/2018. (lckbj1) (Entered: 07/17/2018)
2018-07-1716Case reassigned to Judge Amy Berman Jackson as she has an earlier related case. Judge Ketanji Brown Jackson is no longer assigned to the case. (rj) (Entered: 07/18/2018)
2018-08-2217NOTICE OF SUBSTITUTION OF COUNSEL by Nicholas P. Cartier on behalf of CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY Substituting for attorney Stephen Elliott (Cartier, Nicholas) (Entered: 08/22/2018)
2018-10-05MINUTE ORDER. On May 23, 2018, defendants moved to stay the proceedings in this case pending the Court's ruling in a separate related case, James Madison Project v. CIA, Case No. 17-cv-01231. The Court has now ruled in that case, so the motion to stay will be denied as moot at this time. The parties must submit a joint status report by October 12, 2018 proposing a schedule for further proceedings and informing the Court of the parties' position (or positions) on whether the Court's ruling in the James Madison case addresses the validity of the agencies' Glomar responses to any or all of the three requests at issue in this case. Signed by Judge Amy Berman Jackson on 10/05/2018. (lcabj3) (Entered: 10/05/2018)
2018-10-1118STIPULATION of Dismissal Without Prejudice by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Gutman, Jeffrey) (Entered: 10/11/2018)
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by FOIA Project Staff
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