Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the intelligence agencies properly invoked a Glomar response neither confirming nor denying the existence of records in response to Washington attorney Gene Schaerr's multi-part FOIA request for records concerning unmasking and upstreaming of classified information gathered under the Foreign Intelligence Surveillance Act. Schaerr asked for policies and procedures involving unmasking, as well as whether there had been any requests to unmask or upstream information about 21 individuals who either served in or were supporters of the Trump administration. All the agencies initially issued Glomar responses for those portions of Schaerr's request pertaining to the 21 named individuals. All of the agencies searched for records pertaining to those portions of Schaerr's request that did not relate to third party individuals. The FBI and the National Security Agency provided some records but withheld others. Berman Jackson found that all the agencies' Glomar responses were appropriate under Exemption 1 (national security) and Exemption 3 (other statutes). Schaerr argued that the Glomar responses were improper because the agency had acted in bad faith. He cited Jones v. FBI, 41 F.3d 238 (6th Cir. 1994), in which the Sixth Circuit found that the FBI's handling of the COINTELPRO operation suggested that the court in this case should consider whether the agency had acted in bad faith, to support his claim. Noting that Jones v. FBI was not binding on D.C. Circuit courts, Berman Jackson nonetheless pointed out that "some of these circumstances [suggesting bad faith in this case] may be relevant to an 'official acknowledgement' argument, but they are not relevant to demonstrate the bad faith that would undermine agency affidavits because the information [suggesting bad faith that Schaerr highlighted] has nothing to do with plaintiff's FOIA request itself or the agencies' Glomar responses." Schaerr's primary challenge to the agencies' Glomar responses was to point to various public statements to show that the information had been officially acknowledged. Schaerr pointed to four tweets from President Donald Trump, referring to possible improper surveillance, two statements by Rep. Devin Nunes (R-CA) suggesting that improper unmasking had taken place, one statement by then-Press Secretary Sarah Huckabee Sanders referring to allegations that former National Security Advisor Susan Rice had requested unmasking while serving in the Obama administration, and statements by former Director of National Intelligence James Clapper and former Attorney General Sally Yates testifying before the Senate that they had viewed intelligence documents in which names of members of Congress or Trump administration officials had been unmasked. Berman Jackson agreed that Sanders could be considered an authorized representative of her parent agency but found that Sanders' statement was far too vague to qualify as an official acknowledgement of the unmasking of specific individuals. She indicated that both Clapper and Yates were authorized to speak for their agencies but then explained that "their testimony generally acknowledged that they had viewed documents in which Congressmen and Trump officials had been unmasked, and Clapper testified that on at least one occasion, he had requested unmaskings of 'Congressmen and Trump associates.' But this testimony does not confirm that documents responsive to plaintiff's FOIA request, which specifies a time frame and names twenty-one individuals, definitively exist." Berman Jackson explained that Trump's tweets also failed the specificity test. She observed that "by acknowledging that the President was responding to a Fox and Friends broadcast, plaintiff concedes that the President was not responding to information he learned through government documents." Turning to whether the agencies conducted an adequate search for those portions of Schaerr's request that did not qualify for a Glomar response, Berman Jackson found that the FBI, the NSA, and the National Security Division at the Department of Justice had not shown that their searches were adequate, while the CIA, ODNI, and the State Department had shown their searches were adequate. Berman Jackson faulted the affidavits from the FBI, the NSA, and DOJ's National Security Division primarily because they did not provide enough detail to satisfy the agencies' burden of proof. As to the NSA, she noted that "the description of the agency's search does not assure the Court that the search was reasonably calculated to uncover responsive documents. The declaration does not detail what files or repositories were searched, whether hard copy or physical documents were searched, and through what processes the documents were searched." Schaerr argued that State's sampling search was inadequate. But Berman Jackson pointed out that "it was not unreasonable to review a sample of documents unearthed with the use of a broad term to determine whether the search needed to be more targeted." She rejected Schaerr's claim that the subsequent search terms used by State were also too limited. Instead, she noted that "these search terms were reasonably calculated to uncover responsive documents to part 1 of plaintiff's request, and every document that resulted from the narrower searches was reviewed for responsiveness."
Issues: Determination - Glomar response, Adequacy - Search

Date Filed	Doc #	Docket Text
2018-03-14	1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5373922) filed by GENE C. SCHAERR. (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, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Civil Cover Sheet, # 23 Summons US Attorney, # 24 Summons US Department of Justice, # 25 Summons US Attorney General, # 26 Summons Office of the Director of National Intelligence, # 27 Summons State Department, # 28 Summons CIA, # 29 Summons NSA)(Schaerr, Gene) (Entered: 03/14/2018)
2018-03-16	2	CIVIL COVER SHEET (MODIFIED) by GENE C. SCHAERR filed by GENE C. SCHAERR.(Schaerr, Gene) (Entered: 03/16/2018)
2018-03-19		Case Assigned to Judge Amy Berman Jackson. (zsb) (Entered: 03/19/2018)
2018-03-19	3	SUMMONS (7) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 03/19/2018)
2018-04-05	4	NOTICE of Appearance by Marina Utgoff Braswell on behalf of CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE (Braswell, Marina) (Entered: 04/05/2018)
2018-04-20	5	NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. Attorney Marina Utgoff Braswell terminated. (Braswell, Marina) (Entered: 04/20/2018)
2018-04-23	6	MOTION for Extension of Time to respond re 1 Complaint by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE (jf) (Entered: 04/23/2018)
2018-04-24	7	NOTICE of Appearance by Laura Ann Hunt on behalf of All Defendants (Hunt, Laura) (Entered: 04/24/2018)
2018-04-24		MINUTE ORDER granting 6 Motion for Extension of Time. Defendants must file a responsive pleading by May 7, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/24/2018. (lcabj2) (Entered: 04/24/2018)
2018-05-07	8	ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE.(Hunt, Laura) (Entered: 05/07/2018)
2018-05-08	9	ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendants shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before June 5, 2018. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/8/2018. (lcabj2) (Entered: 05/08/2018)
2018-06-05	10	STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Hunt, Laura) (Entered: 06/05/2018)
2018-06-08		MINUTE ORDER. The parties must file a joint status report by July 13, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/8/2018. (lcabj2) (Entered: 06/08/2018)
2018-07-13	11	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Hunt, Laura) (Entered: 07/13/2018)
2018-07-16		MINUTE ORDER. Defendants Department of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, and Department of State must file a status report on the production of documents by September 5, 2018. With respect to defendant National Security Agency, the Court acknowledges the complexity of the review required but it is not persuaded that the six month time period is reasonable given the relatively small number of records involved. Therefore, defendant NSA must endeavor to do as much as possible by September 5, 2018 and provide the Court with an adjusted proposed date of completion in the status report to be filed on that date. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/16/2018. (lcabj2) (Entered: 07/16/2018)
2018-08-18	12	MOTION for Hearing in-person status conference by GENE C. SCHAERR (Schaerr, Gene) Modified event title on 8/21/2018 (znmw). (Entered: 08/18/2018)
2018-08-20		MINUTE ORDER. The 12 Motion for In-Person Status Conference is DENIED without prejudice. Any legal questions related to a Glomar response will not be resolved based on oral representations made at a status conference. If it turns out that the agency intends to rely on such a response, these questions will be presented for resolution with supporting affidavits and briefing in the form of a motion for summary judgment or partial summary judgment. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/20/2018. (lcabj2) (Entered: 08/20/2018)
2018-09-05	13	STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Hunt, Laura) (Entered: 09/05/2018)
2018-09-06		MINUTE ORDER. Defendants must file a status report by November 19, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/6/2018. (lcabj2) (Entered: 09/06/2018)
2018-11-19	14	STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Hunt, Laura) (Entered: 11/19/2018)
2018-11-20		MINUTE ORDER. Defendants must submit a status report to the Court by December 19, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/20/2018. (lcabj2) (Entered: 11/20/2018)
2018-12-19	15	STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Hunt, Laura) (Entered: 12/19/2018)
2018-12-20		MINUTE ORDER. In light of the status report 15 , it is ORDERED that defendants' motion for summary judgment must be filed by March 15, 2019; plaintiff's opposition and any cross-motion for summary judgment must be filed by April 5, 2019; defendants' reply and opposition must be filed by April 26, 2019; and plaintiff's reply must be filed by May 10, 2019. It is FURTHER ORDERED that the Court will schedule any hearing on a date that is convenient for the parties and the Court if and when it determines a hearing is necessary. Signed by Judge Amy Berman Jackson on 12/20/2018. (lcabj2) (Entered: 12/20/2018)
2019-02-14	16	Unopposed MOTION to Modify the Summary Judgment Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Hunt, Laura) (Entered: 02/14/2019)
2019-02-19		MINUTE ORDER granting 16 Motion to Modify Briefing Schedule. Defendants' motion for summary judgment must be filed by April 30, 2019. Plaintiff's opposition and cross-motion for summary judgment must be filed by May 21, 2019. Defendants' reply and cross-opposition must be filed by June 11, 2019. Plaintiff's cross-reply must be filed by June 25, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/19/2019. (lcabj2) (Entered: 02/19/2019)
2019-04-30	17	Unopposed MOTION for Extension of Time to File Defendants' Summary Judgment Motion by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Hunt, Laura) (Entered: 04/30/2019)
2019-05-01		MINUTE ORDER granting 17 Motion for Extension of Time. Defendants' motion for summary judgment is due on May 14, 2019; plaintiff's opposition and cross-motion for summary judgment is due on June 4, 2019; defendants' reply and cross-opposition is due on June 25, 2019; and plaintiff's reply is due on July 9, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/1/2019. (lcabj2) (Entered: 05/01/2019)
2019-05-14	18	MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Statement of Material Undisputed Facts, # 2 Text of Proposed Order, # 3 Declaration of Antoinette Shiner, # 4 Exhibit to Shiner Declaration (A-I), # 5 Declaration of David Hardy, # 6 Exhibit to Hardy Declaration (A-P), # 7 Declaration of Steven Thompson, # 8 Exhibit to Thompson Declaration (A-M), # 9 Declaration of Patrick Findlay, # 10 Exhibit to Findlay Declaration (A-C), # 11 Declaration of Patricia Gaviria, # 12 Exhibit to Gaviria Declaration (A-D), # 13 Declaration of Eric Stein, # 14 Exhibit to Stein Declaration (1-3))(Hunt, Laura) (Entered: 05/14/2019)
2019-05-20	19	Joint MOTION to Seal Document File ECF No. 18 Under Seal, Nunc Pro Tunc re 18 MOTION for Summary Judgment by GENE C. SCHAERR (Schaerr, Gene) Modified event title on 5/20/2019 (znmw). (Entered: 05/20/2019)
2019-05-21		MINUTE ORDER granting 19 Motion for Leave to File Under Seal. The Clerk of the Court is directed to file under seal defendant's motion for summary judgment 18 and all associated attachments. Defendants must file a redacted version of the motion and attachments on the public docket by May 29, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/21/2019. (lcabj2) (Entered: 05/21/2019)
2019-05-29	20	MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Declaration of Antoinette Shiner, # 2 Exhibit to Shiner Declaration (A-I) (REDACTED), # 3 Declaration of David Hardy (REDACTED), # 4 Exhibit to Hardy Declaration (A-I) (REDACTED), # 5 Exhibit to Hardy Declaration (J-P) (REDACTED), # 6 Declaration of Steven Thompson, # 7 Exhibit to Thompson Declaration (A-M) (REDACTED), # 8 Declaration of Patrick Findlay, # 9 Exhibit to Findlay Declaration (A-C), # 10 Declaration of Patricia Gaviria, # 11 Exhibit to Gaviria Declaration (A-D), # 12 Declaration of Eric Stein, # 13 Exhibit to Stein Declaration (1-3), # 14 Text of Proposed Order, # 15 Statement of Facts)(Hunt, Laura) (Entered: 05/29/2019)
2019-05-31	21	MOTION for Extension of Time to File Cross Motion for Summary Judgment and Opposition to Motion for Summary Judgment by GENE C. SCHAERR (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 05/31/2019)
2019-06-04		MINUTE ORDER granting 21 Motion for Extension of Time. Plaintiff must file his opposition and cross-motion for summary judgment by June 25, 2019; defendants must file their reply and cross-opposition by July 26, 2019; and plaintiff must file his reply by August 9, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/4/2019. (lcabj2) (Entered: 06/04/2019)
2019-06-04		Set/Reset Deadlines: Cross-Motion and Opposition to Motion for Summary Judgment due by 6/25/2019; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 7/26/2019; Reply to Opposition to Cross-Motion due by 8/9/2019. (tg) (Entered: 06/04/2019)
2019-06-21	22	Second MOTION for Extension of Time to file cross-motion for summary judgment , Second MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Summary Judgment , 20 MOTION for Summary Judgment by GENE C. SCHAERR (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 06/21/2019)
2019-06-24		MINUTE ORDER granting 22 Motion for Extension of Time. Plaintiff must file his opposition and cross-motion for summary judgment by July 5, 2019; defendants must file their reply and cross-opposition by August 16, 2019; and plaintiff must file his reply by August 30, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/24/2019. (lcabj2) (Entered: 06/24/2019)
2019-07-02	23	Third MOTION for Extension of Time to File Cross-Motion for Summary Judgment , Third MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Summary Judgment , 20 MOTION for Summary Judgment by GENE C. SCHAERR (Attachments: # 1 Proposed Order Granting Motion for Extension of Time)(Schaerr, Gene) (Entered: 07/02/2019)
2019-07-05		MINUTE ORDER granting 23 Motion for Extension of Time. Plaintiff must file his opposition and cross-motion for summary judgment by July 12, 2019; defendants must file their reply and cross-opposition by August 23, 2019; and plaintiff must file his cross-reply by September 6, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 07/05/2019. (lcabj3) (Entered: 07/05/2019)
2019-07-05		Set/Reset Deadlines: Plaintiff's cross-motion and opposition to motion for summary judgment due by 7/12/2019; defendants' opposition to cross-motion and reply to opposition to motion for summary judgment due by 8/23/2019; plaintiff's reply to opposition to cross motion due by 9/6/2019. (tg) (Entered: 07/05/2019)
2019-07-12	24	RESPONSE re 18 MOTION for Summary Judgment , 20 MOTION for Summary Judgment filed by GENE C. SCHAERR. (Attachments: # 1 Exhibit List of Responsive Documents Identified by Plaintiff, # 2 Exhibit Letter to Hunt (Dec. 17, 2018), # 3 Exhibit ODNI Letter to Sen. Burr and Sen. Warner (Jun. 20, 2017), # 4 Exhibit ODNI Letter to Unnamed Senator, # 5 Exhibit Identities in SIGINT Manual, # 6 Exhibit Annex A: Dissemination of Congressional Identity Information, # 7 Statement of Facts, # 8 Text of Proposed Order)(Schaerr, Gene) (Entered: 07/12/2019)
2019-07-12	25	Cross MOTION for Summary Judgment by GENE C. SCHAERR (Attachments: # 1 Exhibit A - List of Responsive Documents Identified by Plaintiff, # 2 Exhibit B - Letter to Hunt (Dec. 17, 2018), # 3 Exhibit C - ODNI Letter to Sen. Burr and Sen. Warner (Jun. 20, 2017), # 4 Exhibit D - ODNI Letter to Unnamed Senator, # 5 Exhibit E - Identities in SIGINT Manual, # 6 Exhibit F - Annex A: Dissemination of Congressional Identity Information, # 7 Statement of Facts, # 8 Text of Proposed Order)(Schaerr, Gene) (Entered: 07/12/2019)
2019-08-23	26	RESPONSE re 25 Cross MOTION for Summary Judgment (and Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment) filed by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Response to Plaintiff's Statement of Undisputed Facts, # 2 Text of Proposed Order, # 3 Declaration of Linda M. Kiyosaki, # 4 Declaration of David M. Hardy (Second), # 5 Declaration of Kevin G. Tiernan, # 6 Exhibit to Tiernan Declaration, # 7 Declaration of Susan C. Weetman)(Hunt, Laura) (Entered: 08/23/2019)
2019-08-26	27	REPLY to opposition to motion re 20 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Response to Plaintiff's Statement of Undisputed Facts, # 2 Text of Proposed Order, # 3 Declaration of Linda M. Kiyosaki, # 4 Declaration of David M. Hardy (Second), # 5 Declaration of Kevin G. Tiernan, # 6 Exhibit to Tiernan Declaration, # 7 Declaration of Susan C. Weetman)(Hunt, Laura) (Entered: 08/26/2019)
2019-08-26	28	NOTICE of Filing of Defendants' Amended Response to Plaintiff's Statement of Undisputed Facts by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE re 26 Response to motion,, (Hunt, Laura) (Entered: 08/26/2019)
2019-08-26	29	NOTICE of Filing of Defendants' Amended Response to Plaintiff's Statement of Undisputed Facts by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE re 27 Reply to opposition to Motion,, (Hunt, Laura) (Entered: 08/26/2019)
2019-09-03	30	First MOTION for Extension of Time to File Response/Reply as to 25 Cross MOTION for Summary Judgment by GENE C. SCHAERR (Schaerr, Gene) (Entered: 09/03/2019)
2019-09-04		MINUTE ORDER granting 30 Motion for Extension of Time. Plaintiff must file his reply in support of his cross-motion for summary judgment 25 by September 18, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/4/2019. (lcabj2) (Entered: 09/04/2019)
2019-09-18	31	REPLY to opposition to motion re 25 Cross MOTION for Summary Judgment filed by GENE C. SCHAERR. (Attachments: # 1 Supplemental Statement of Facts)(Schaerr, Gene) (Entered: 09/18/2019)
2019-10-25	32	MOTION to Substitute Party by GENE C. SCHAERR (Schaerr, Gene) (Entered: 10/25/2019)
2019-11-08	33	Memorandum in opposition to re 32 MOTION to Substitute Party filed by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Hunt, Laura) (Entered: 11/08/2019)
2019-11-13	34	MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Substitute Party by GENE C. SCHAERR (Schaerr, Gene) (Entered: 11/13/2019)
2019-11-14		MINUTE ORDER granting 34 Motion for Extension of Time. Plaintiff must file his reply in support of his motion to substitute party 32 by November 22, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/14/2019. (lcabj2) (Entered: 11/14/2019)
2019-11-22	35	REPLY to opposition to motion re 32 MOTION to Substitute Party filed by GENE C. SCHAERR. (Attachments: # 1 Declaration of Gene C. Schaerr)(Schaerr, Gene) (Entered: 11/22/2019)
2020-01-14	36	MOTION for Hearing re 32 MOTION to Substitute Party , 18 MOTION for Summary Judgment , 20 MOTION for Summary Judgment , 27 Reply to opposition to Motion,, 35 Reply to opposition to Motion, 31 Reply to opposition to Motion, 24 Response to motion,, 25 Cross MOTION for Summary Judgment , 33 Memorandum in Opposition, 26 Response to motion,, by GENE C. SCHAERR (Schaerr, Gene) (Entered: 01/14/2020)
2020-01-16		MINUTE ORDER denying 36 Motion for Hearing. The Court is aware of the pendency of the motions in this case, and they are under advisement. The Court will schedule a hearing if and when it deems it necessary to do so. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/16/2020. (lcabj2) (Entered: 01/16/2020)
2020-01-28	37	ORDER. Upon consideration of Federal Rule of Civil Procedure 25(c), the parties' pleadings, and the applicable points and authorities, the motion to substitute 32 will be DENIED. See Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/28/2020. (lcabj2) (Entered: 01/28/2020)
2020-01-28	38	ORDER. Pursuant to Federal Rules of Civil Procedure 56 and 58, and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that defendants' motion for summary judgment 20 is GRANTED IN PART AND DENIED IN PART, and plaintiff's motion for summary judgment 25 is GRANTED IN PART AND DENIED IN PART. It is FURTHER ORDERED that the parties shall file a joint status report by March 27, 2020 to update the Court on whether further proceedings are necessary in this matter. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/28/2020. (lcabj2) (Entered: 01/28/2020)
2020-01-28	39	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 1/28/2020. (lcabj2) (Entered: 01/28/2020)
2020-03-09	40	NOTICE OF SUBSTITUTION OF COUNSEL by Jason C. Lynch on behalf of All Defendants Substituting for attorney Laura Hunt (Lynch, Jason) (Entered: 03/09/2020)
2020-03-19	41	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 38 Order on Motion for Summary Judgment,,,,,,,,, Set/Reset Deadlines,, 39 Memorandum & Opinion by GENE C. SCHAERR. Filing fee $ 505, receipt number ADCDC-6936630. Fee Status: Fee Paid. Parties have been notified. (Schaerr, Gene) (Entered: 03/19/2020)
2020-03-19	42	Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 41 Notice of Appeal to DC Circuit Court. (jf) (Entered: 03/19/2020)
2020-03-24		USCA Case Number 20-5065 for 41 Notice of Appeal to DC Circuit Court, filed by GENE C. SCHAERR. (zrdj) (Entered: 03/24/2020)
2020-03-27	43	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1 - Seidel Declaration)(Lynch, Jason) (Entered: 03/27/2020)
2020-03-30		MINUTE ORDER. The parties must submit a joint status report by April 27, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/30/2020. (lcabj2) (Entered: 03/30/2020)
2020-04-27	44	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1 - 4/24/2020 Hardy Decl.)(Lynch, Jason) (Entered: 04/27/2020)
2020-04-29		MINUTE ORDER. The parties must submit a joint status report by May 27, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/29/2020. (lcabj2) (Entered: 04/29/2020)
2020-05-27	45	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Lynch, Jason) (Entered: 05/27/2020)
2020-05-28		MINUTE ORDER. The parties must submit another joint status report by June 10, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/28/2020. (lcabj2) (Entered: 05/28/2020)
2020-06-10	46	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Lynch, Jason) (Entered: 06/10/2020)
2020-06-11		MINUTE ORDER. The parties must submit another joint status report by June 17, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/11/2020. (lcabj2) (Entered: 06/11/2020)
2020-06-17	47	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Lynch, Jason) (Entered: 06/17/2020)
2020-06-19		MINUTE ORDER. In light of the parties' joint status report 47 , it is ORDERED that the parties shall file another joint status report by July 17, 2020. Signed by Judge Amy Berman Jackson on 6/19/20. (DMK) (Entered: 06/19/2020)
2020-06-19		Set/Reset Deadline: The parties shall file another Joint Status Report by 7/17/2020. (jth) (Entered: 06/19/2020)
2020-07-17	48	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Lynch, Jason) (Entered: 07/17/2020)
2020-07-20		MINUTE ORDER. The parties must file another joint status report by August 18, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/20/2020. (lcabj2) (Entered: 07/20/2020)
2020-08-18	49	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Lynch, Jason) (Entered: 08/18/2020)
2020-08-19		MINUTE ORDER. The parties must file another joint status report by September 17, 2020. Signed by Judge Amy Berman Jackson on 8/19/2020. (lcabj2) (Entered: 08/19/2020)
2020-09-01	50	MANDATE of USCA as to 41 Notice of Appeal to DC Circuit Court, filed by GENE C. SCHAERR ; USCA Case Number 20-5065. (Attachments: # 1 USCA Order)(zrdj) (Entered: 09/02/2020)
2020-09-17	51	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Lynch, Jason) (Entered: 09/17/2020)
2020-09-18		MINUTE ORDER. The parties must file another joint status report by October 19, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/18/2020. (lcabj2) (Entered: 09/18/2020)
2020-10-19	52	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Lynch, Jason) (Entered: 10/19/2020)
2020-10-20		MINUTE ORDER. The parties must submit a joint status report by November 18, 2020 if the matter is not otherwise resolved in the interim. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/20/2020. (lcabj1) (Entered: 10/20/2020)
2020-11-18	53	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Lynch, Jason) (Entered: 11/18/2020)
2020-11-20		MINUTE ORDER. The parties must submit a joint status report by December 18, 2020. Signed by Judge Amy Berman Jackson on 11/20/2020. (lcabj1) (Entered: 11/20/2020)
2020-12-18	54	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Lynch, Jason) (Entered: 12/18/2020)
2020-12-28		MINUTE ORDER. The parties must submit a joint status report by January 8, 2021. Signed by Judge Amy Berman Jackson on 12/28/2020. (lcabj1) (Entered: 12/28/2020)
2021-01-08	55	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Lynch, Jason) (Entered: 01/08/2021)
2021-01-11		MINUTE ORDER. The parties must submit a joint status report by January 22, 2021. Signed by Judge Amy Berman Jackson on 1/11/2021. (lcabj1) (Entered: 01/11/2021)
2021-01-22	56	STIPULATION of Dismissal by CENTRAL INTELLIGENCE AGENCY, NATIONAL SECURITY AGENCY, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Lynch, Jason) (Entered: 01/22/2021)
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