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Case TitleAmerican Civil Liberties Union et al v. National Security Agency et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2024cv03147
Date Filed2024-04-25
Date ClosedOpen
JudgeMagistrate Judge Robyn F. Tarnofsky
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
Case DescriptionACLU submitted requests to the National Security Agency, the Office of the Director of National Intelligence, and the Department of Defense for records concerning the Inspector General's Report on the DOD's and NSA's Integration of Artificial Intelligence issued October 17, 2022. The ACLU also asked for expedited processing and a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Fees, Litigation - Attorney's fees

DefendantNational Security Agency
DefendantDepartment of Defense
DefendantOffice of the Director of National Intelligence
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-04-251COMPLAINT against Department of Defense, National Security Agency, Office of the Director of National Intelligence. (Filing Fee $ 405.00, Receipt Number ANYSDC-29269065)Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit Exhibit A - FOIA Request).(Toomey, Patrick) (Entered: 04/25/2024)
2024-04-252CIVIL COVER SHEET filed..(Toomey, Patrick) (Entered: 04/25/2024)
2024-04-253RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 04/25/2024)
2024-04-254FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) Modified on 4/26/2024 (jgo). (Entered: 04/25/2024)
2024-04-255REQUEST FOR ISSUANCE OF SUMMONS as to National Security Agency, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 04/25/2024)
2024-04-256REQUEST FOR ISSUANCE OF SUMMONS as to Office of the Director of National Intelligence, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 04/25/2024)
2024-04-257NOTICE OF APPEARANCE by Patrick Christopher Toomey on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 04/25/2024)
2024-04-258NOTICE OF APPEARANCE by Terry Ding on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Ding, Terry) (Entered: 04/25/2024)
2024-04-259NOTICE OF APPEARANCE by Beth Haroules on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Haroules, Beth) (Entered: 04/25/2024)
2024-04-26CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(jgo) (Entered: 04/26/2024)
2024-04-26Magistrate Judge James L. Cott is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (jgo) (Entered: 04/26/2024)
2024-04-26Case Designated ECF. (jgo) (Entered: 04/26/2024)
2024-04-2610ELECTRONIC SUMMONS ISSUED as to National Security Agency..(jgo) (Entered: 04/26/2024)
2024-04-2611ELECTRONIC SUMMONS ISSUED as to Office of the Director of National Intelligence..(jgo) (Entered: 04/26/2024)
2024-04-26***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Patrick Christopher Toomey to RE-FILE Document No. 4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name listed on the PDF case caption is not a party of record;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 04/26/2024)
2024-04-2612REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 04/26/2024)
2024-04-2913ELECTRONIC SUMMONS ISSUED as to Department of Defense..(pc) (Entered: 04/29/2024)
2024-05-1714SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. National Security Agency served on 5/2/2024, answer due 6/3/2024. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 05/17/2024)
2024-05-1715SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. Department of Defense served on 5/2/2024, answer due 6/3/2024. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 05/17/2024)
2024-05-1716SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. Office of the Director of National Intelligence served on 5/2/2024, answer due 6/3/2024. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 05/17/2024)
2024-05-2217AFFIDAVIT OF SERVICE of Copy of Complaint and Summons served on Attorney General of the United States on May 7, 2024. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 05/22/2024)
2024-05-2218AFFIDAVIT OF SERVICE of Copy of Complaint and Summons served on Civil Process Clerk of the Southern District of New York on May 2, 2024. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 05/22/2024)
2024-06-0319ANSWER to 1 Complaint,. Document filed by Department of Defense, National Security Agency, Office of the Director of National Intelligence..(Osmond, Mark) (Entered: 06/03/2024)
2024-06-1820NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference by telephone set for 7/22/2024 at 10:30 AM before Judge Mary Kay Vyskocil. To join the conference, the parties should dial (646) 453-4442 and use Conference ID 255 842 59#. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 6/18/2024) (vfr) (Entered: 06/18/2024)
2024-07-1221PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Department of Defense, National Security Agency, Office of the Director of National Intelligence. Document filed by Department of Defense, National Security Agency, Office of the Director of National Intelligence..(Osmond, Mark) (Entered: 07/12/2024)
2024-07-12NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robyn F. Tarnofsky to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (vba) (Entered: 07/12/2024)
2024-07-1222CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by American Civil Liberties Union, American Civil Liberties Union Foundation, Department of Defense, National Security Agency, Office of the Director of National Intelligence. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robyn F. Tarnofsky. In light of this reference, the Initial Pretrial Conference scheduled for July 22, 2024 at 10:30 AM is ADJOURNED sine die. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/12/2024).(tg) (Entered: 07/12/2024)
2024-07-1723ORDER This action is scheduled for a telephonic status conference at 11:00 AM on July 25, 2024, to discuss the possibility of settlement and a briefing schedule on any anticipated motions for summary judgment. Counsel for the parties are directed to call my conference line at the scheduled time by dialing (646) 453-4442, Access Code: 961 081 067 #. SO ORDERED. (Telephone Conference set for 7/25/2024 at 11:00 AM before Magistrate Judge Robyn F. Tarnofsky.) (Signed by Magistrate Judge Robyn F. Tarnofsky on 7/17/2024) (jca) (Entered: 07/17/2024)
2024-07-1824JOINT LETTER MOTION to Continue July 25 Conference and Joint Status Report addressed to Magistrate Judge Robyn F. Tarnofsky from Mark Osmond dated 7/18/2024. Document filed by Department of Defense, National Security Agency, Office of the Director of National Intelligence..(Osmond, Mark) (Entered: 07/18/2024)
2024-07-1925ORDER granting 24 Letter Motion to Continue Application GRANTED. The status conference is adjourned sine die. The parties shall submit monthly joint status letters beginning on September 5, 2024. Within 30 days after Defendants complete their production, the parties shall jointly inform the Court whether Plaintiffs intend to challenge any of the agencies' withholdings or searches, and if so, to identify the specific withholdings or searches to be challenged and propose a briefing schedule to resolve their dispute. SO ORDERED.. (Signed by Magistrate Judge Robyn F. Tarnofsky on 7/19/2024) (jca) (Entered: 07/19/2024)
2024-09-0526JOINT LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from Mark Osmond dated 9/5/2024 re: Status Report. Document filed by Department of Defense, National Security Agency, Office of the Director of National Intelligence..(Osmond, Mark) (Entered: 09/05/2024)
2024-10-0727JOINT LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from Mark Osmond dated 10/7/2024 re: Joint status letter. Document filed by Department of Defense, National Security Agency, Office of the Director of National Intelligence..(Osmond, Mark) (Entered: 10/07/2024)
2024-10-1528PROPOSED STIPULATION AND ORDER. Document filed by Department of Defense, National Security Agency, Office of the Director of National Intelligence..(Osmond, Mark) (Entered: 10/15/2024)
2024-10-1629STIPULATION AND ORDER REGARDING DOCUMENT SEARCHES AND PRODUCTIONS NOW, THEREFORE, it is hereby STIPULATED and AGREED between the parties as follows: 1.NSA will complete its remaining searches by November 27, 2024, and will inform Plaintiffs of the number of outstanding responsive records the agency has located by December 11, 2024.2.The parties will propose a joint processing schedule for the remaining NSA documents for the Court's review by December 16, 2024, or will send the Court a joint letter by December 18, 2024, setting forth their respective positions on an appropriate processing schedule. 3.NSA will make its next interim production by December 6, 2024, and will make additional productions in accordance with the agreed schedule or Court order.4.As part of its next production, NSA will process the two documents from the ODNI referral that are still under review, and any remaining records identified through NSAs first supplemental search described above that do not require consultations with other government components.5. DOD will complete its review and processing of the six DOD OIG documents(including the Joint Evaluation) and produce them or provide a response to Plaintiffs by December 5, 2024.6. For any responsive records that Defendants withhold in full, they shall provide as part of their response to Plaintiffs the documents title, date, and number of pages,to the extent Defendants do not consider that information exempt under FOIA.7. The parties understand that these deadlines may not be extended except upon further application to the Court by the party seeking additional time. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 10/16/2024) (jca) (Entered: 10/16/2024)
2024-11-0730STATUS REPORT. Document filed by National Security Agency, Department of Defense, Office of the Director of National Intelligence..(Osmond, Mark) (Entered: 11/07/2024)
2024-11-1931MOTION for Terry Ding to Withdraw as Attorney . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Ding, Terry) (Entered: 11/19/2024)
2024-11-1932MEMO ENDORSEMENT granting 31 MOTION for Terry Ding to Withdraw as Attorney ENDORSEMENT Application granted. SO ORDERED. Attorney Terry Ding terminated. (Signed by Magistrate Judge Robyn F. Tarnofsky on 11/19/2024) (jca) (Entered: 11/19/2024)
2024-12-0933STATUS REPORT. Document filed by National Security Agency, Department of Defense, Office of the Director of National Intelligence..(Osmond, Mark) (Entered: 12/09/2024)
2024-12-1634LETTER MOTION for Extension of Time addressed to Magistrate Judge Robyn F. Tarnofsky from Mark Osmond dated 12/16/2024. Document filed by National Security Agency, Department of Defense, Office of the Director of National Intelligence..(Osmond, Mark) (Entered: 12/16/2024)
2024-12-1735ORDER granting 34 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is respectfully requested to terminate ECF 34. SO ORDERED (Signed by Magistrate Judge Robyn F. Tarnofsky on 12/17/2024) (jca) (Entered: 12/17/2024)
2024-12-1836LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from Mark Osmond dated 12/18/2024 re: Stipulated Revised Schedule. Document filed by National Security Agency, Department of Defense, Office of the Director of National Intelligence..(Osmond, Mark) (Entered: 12/18/2024)
2024-12-1937MEMO ENDORSEMENT on re: 36 Letter, filed by Department of Defense, Office of the Director of National Intelligence, National Security Agency ENDORSEMENT Application granted. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 12/19/2024) (jca) (Entered: 12/19/2024)
2025-01-1038STATUS REPORT. Joint Document filed by National Security Agency, Department of Defense, Office of the Director of National Intelligence..(Osmond, Mark) (Entered: 01/10/2025)
2025-01-2939NOTICE OF APPEARANCE by Sara Robinson on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Robinson, Sara) (Entered: 01/29/2025)
2025-02-1040STATUS REPORT. Joint Document filed by National Security Agency, Department of Defense, Office of the Director of National Intelligence..(Osmond, Mark) (Entered: 02/10/2025)
2025-02-1941CONSENT LETTER MOTION for Extension of Time addressed to Magistrate Judge Robyn F. Tarnofsky from Mark Osmond dated 2/19/2025. Document filed by National Security Agency, Department of Defense, Office of the Director of National Intelligence..(Osmond, Mark) (Entered: 02/19/2025)
2025-02-2042ORDER granting 41 Letter Motion for Extension of TimeApplication granted. The Clerk of Court is respectfully requested to terminate ECF 41. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 2/20/2025) (jca) (Entered: 02/20/2025)
2025-02-2843JOINT LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from Mark Osmond dated 2/28/2025 re: Stipulated Processing Schedule for NSA Documents. Document filed by National Security Agency, Department of Defense, Office of the Director of National Intelligence..(Osmond, Mark) (Entered: 02/28/2025)
2025-03-0344MEMO ENDORSEMENT on re: 43 Letter Stipulated Processing Schedule for NSA Documents, filed by Department of Defense, Office of the Director of National Intelligence, National Security Agency. ENDORSEMENT : SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/3/25) (yv) (Entered: 03/03/2025)
2025-03-1045STATUS REPORT. Joint Document filed by National Security Agency, Department of Defense, Office of the Director of National Intelligence..(Osmond, Mark) (Entered: 03/10/2025)
2025-04-1046STATUS REPORT. Joint Document filed by Department of Defense, National Security Agency, Office of the Director of National Intelligence..(Osmond, Mark) (Entered: 04/10/2025)
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