Case Detail

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that the National Archives and Records Administration properly withheld records under Exemption 1 (national security) and Exemption 3 (other statutes) from researcher Katalin Kadar Lynn, who was writing a biography of Hungarian diplomat Tibor Eckhardt, concerning the operations of the Grombach Organization, a secret American intelligence operation which functioned between 1942 and 1955 and was led by U.S. Army Captain John Grombach, after consulting with the CIA. Lynn requested 10 classified documents totaling 733 pages. After consulting with the CIA, NARA withheld the documents in full. Lynn then filed suit. Lynn argued that the 50-year declassification requirement applied to these records. Kollar-Kotelly explained that "documents are exempted from the 50-year declassification requirement if the records could 'clearly and demonstrably' reveal the identity of a confidential human source or intelligence source. Based on [the CIA's] declaration, at least some of the documents would fall under this exception to the 50-year declassification as at least nine of the requested documents contain detailed and identifying information about human sources." She pointed out that the CIA had also exempted information about recruitment methods for human sources from declassification in its 2012 Declassification Guide. Further, Kollar-Kotelly noted, the CIA claimed the documents could be withheld under the sources and methods protection contained in the National Security Act. Lynn cited two cases from the Southern District of New York questioning sources and methods claims by the CIA. However, Kollar-Kotelly found neither case persuasive. Ruling in favor of NARA, she noted that "given 'the special deference owed to agency affidavits on national security matters,' the Court is not prepared to find that Defendant was wrong to withhold the requested documents based solely on Plaintiff's unsupported suspicions and vague challenges." Turning to the issue of segregability, Kollar-Kotelly observed that "having reviewed the declaration by [the agency], the Court is satisfied that no reasonably segregable non-exempt information has been withheld," adding that "Plaintiff provides the Court with no reason to question the veracity of this declaration."
Issues: Exemption 1 - Harm to national security, Exemption 3 - Statutory prohibition of disclosure

Date Filed	Doc #	Docket Text
2018-03-16	1	COMPLAINT against NATIONAL ARCHIVES AND RECORD ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5377118) filed by KATALIN KADAR LYNN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons NARA, # 3 Summons USADC, # 4 Summons USAG)(Moss, Bradley) (Entered: 03/16/2018)
2018-03-16		Case Assigned to Judge Colleen Kollar-Kotelly. (zmd) (Entered: 03/19/2018)
2018-03-20	2	SUMMONS (3) Issued Electronically as to NATIONAL ARCHIVES AND RECORD ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 03/20/2018)
2018-03-20	3	ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 03/20/2018. (DM) (Entered: 03/20/2018)
2018-04-03	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/28/2018. Answer due for ALL FEDERAL DEFENDANTS by 4/27/2018. (Attachments: # 1 Exhibit USADC receipt)(Moss, Bradley) (Entered: 04/03/2018)
2018-04-27	5	ANSWER to Complaint by NATIONAL ARCHIVES AND RECORD ADMINISTRATION.(Haynes, Fred) (Entered: 04/27/2018)
2018-04-27	6	ORDER. The parties shall MEET AND CONFER and file a Joint Status Report proposing a schedule for proceeding in this matter by no later than MAY 18, 2018. Signed by Judge Colleen Kollar-Kotelly on 4/27/2018. (lcckk3) (Entered: 04/27/2018)
2018-05-18	7	PROPOSED BRIEFING SCHEDULE by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Haynes, Fred) (Entered: 05/18/2018)
2018-05-21	8	SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 5/21/2018. (lcckk3) (Entered: 05/21/2018)
2018-05-21		Set/Reset Deadlines: Plaintiff Cross Motion due by 8/16/2018. Response to Cross Motion due by 9/14/2018. Reply to Cross Motion due by 10/15/2018. Defendant's Summary Judgment Motion due by 7/16/2018. Response to Motion for Summary Judgment due by 8/16/2018. Reply to Motion for Summary Judgment due by 9/14/2018. (dot) (Entered: 07/09/2018)
2018-07-03	9	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by NATIONAL ARCHIVES AND RECORD ADMINISTRATION (Haynes, Fred) (Entered: 07/03/2018)
2018-07-09		MINUTE ORDER. The Court is in receipt of Defendant's 9 Consent Motion for an Extension of Time to File Defendant's Summary Judgment Motion. Defendant requests a two-week extension of time to file its Summary Judgment Motion because additional time is needed to prepare a declaration from the CIA concerning the classified nature of the records at issue in this case. Plaintiff consents to this request. Defendant's Motion is GRANTED. Defendant shall file its Motion for Summary Judgment by no later than JULY 30, 2018. Plaintiff shall file her opposition to Defendant's Summary Judgment Motion, and her Cross-Motion for Summary Judgment, by no later than AUGUST 30, 2018. Defendant shall file its reply in support of its Motion for Summary Judgment, and its opposition to Plaintiff's Motion for Summary Judgment, by no later than SEPTEMBER 28, 2018. Plaintiff shall file her reply in support of her Motion for Summary Judgment by no later than OCTOBER 29, 2018. Signed by Judge Colleen Kollar-Kotelly on 7/9/2018. (lcckk3) (Entered: 07/09/2018)
2018-07-09		Set/Reset Deadlines: Defendant shall file its Motion for Summary Judgment by no later than 7/30/2018. Plaintiff shall file her opposition to Defendant's Summary Judgment Motion, and her Cross-Motion for Summary Judgment, by no later than 8/30/2018. Defendant shall file its reply in support of its Motion for Summary Judgment, and its opposition to Plaintiff's Motion for Summary Judgment, by no later than 9/28/2018. Plaintiff shall file her reply in support of her Motion for Summary Judgment by no later than 10/29/2018. (kt) (Entered: 07/09/2018)
2018-07-24	10	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by NATIONAL ARCHIVES AND RECORD ADMINISTRATION (Haynes, Fred) (Entered: 07/24/2018)
2018-07-26		MINUTE ORDER. The Court is in receipt of Defendant's 10 Consent Motion for a Brief Further Extension of Time to File Defendant's Summary Judgment Motion. Defendant requests a ten-day extension of time to file its Summary Judgment Motion because additional time is needed for defense counsel to receive declarations from the National Archives and the CIA, and because defense counsel is busy with other matters. This is the second request for an extension of this deadline. Plaintiff consents. Defendant's Motion is GRANTED. Defendant shall file its Motion for Summary Judgment by no later than AUGUST 9, 2018. Plaintiff shall file her opposition to Defendant's Summary Judgment Motion, and her Cross-Motion for Summary Judgment, by no later than SEPTEMBER 10, 2018. Defendant shall file its reply in support of its Motion for Summary Judgment, and its opposition to Plaintiff's Motion for Summary Judgment, by no later than OCTOBER 9, 2018. Plaintiff shall file her reply in support of her Motion for Summary Judgment by no later than NOVEMBER 8, 2018. Signed by Judge Colleen Kollar-Kotelly on 7/26/2018. (lcckk3) (Entered: 07/26/2018)
2018-07-26		Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 8/9/2018. Response to Motion for Summary Judgment due by 9/10/2018. Reply to Motion for Summary Judgment due by 10/9/2018. Plaintiff's Cross Motion due by 9/10/2018. Response to Cross Motions due by 10/9/2018. Reply to Cross Motions due by 11/8/2018. (dot) (Entered: 07/27/2018)
2018-08-09	11	MOTION for Summary Judgment by NATIONAL ARCHIVES AND RECORD ADMINISTRATION (Attachments: # 1 Exhibit A - Mengel Declaration (NARA), # 2 Exhibit Exhibits to Mengel Declaration, # 3 Exhibit B - Shiner Declaration (CIA))(Haynes, Fred) (Entered: 08/09/2018)
2018-09-10	12	Memorandum in opposition to re 11 MOTION for Summary Judgment filed by KATALIN KADAR LYNN. (Attachments: # 1 Statement of Facts Response, # 2 Exhibit 1 - Moss Declaration, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 09/10/2018)
2018-10-02	13	Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment by NATIONAL ARCHIVES AND RECORD ADMINISTRATION (Haynes, Fred) (Entered: 10/02/2018)
2018-10-03		MINUTE ORDER. The Court is in receipt of Defendant's 13 Consent Motion for an Extension of Time to File Defendant's Reply Memorandum in Support of its Summary Judgment Motion. Defendant's Reply is currently due October 9, 2018. Defendant requests a ten-day extension of time to file its Reply because unanticipated emergency litigation commitments arose, leaving insufficient time to work on the Reply in this case. Defendant's Motion is GRANTED. Defendant shall file its Reply Memorandum in Support of its Summary Judgment Motion by no later than OCTOBER 19, 2018. Signed by Judge Colleen Kollar-Kotelly on 10-3-2018. (lcckk3) (Entered: 10/03/2018)
2018-10-03		Set/Reset Deadlines: Defendant's Reply to Motion for Summary Judgment due by 10/19/2018. (dot) (Entered: 10/03/2018)
2018-10-18	14	REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Haynes, Fred) (Entered: 10/18/2018)
2019-01-02	15	NOTICE of Appearance by Mark Steven Zaid on behalf of All Plaintiffs (Zaid, Mark) (Entered: 01/02/2019)
2019-02-07	16	ORDER granting 11 Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on 2/7/2019. (lcckk3) (Entered: 02/07/2019)
2019-02-07	17	MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 2/7/2019. (lcckk3) (Entered: 02/07/2019)
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