Case Detail

FOIA Project Annotation: Judge Rosemary Collyer has ruled that the FBI and the Defense Department conducted adequate searches for records pertaining to government surveillance of protests against the military's "Don't Ask, Don't Tell" policy and of gay and lesbian groups. The Servicemembers Legal Defense Network filed the request after press reports indicated that the Defense Department had started a program to keep track of terrorist threats and that the database included entries on gay protests. When Defense first responded, SLDN asked why it had received no reports from the new database. Defense said that it did not consider tracking incidents as surveillance, but later agreed to conduct a broader search. Both agencies produced a handful of documents. Collyer found the FBI's search was proper even though SLDN claimed lack of any documents concerning the Defense database entries showed that the search was incomplete. She noted that "SLDN's speculation that documents may exist is not relevant to the inquiry. . . Here, the FBI has shown that it conducted a reasonably adequate search, and SLDN has failed to identify any flaws in it. SLDN's belief that other documents may exist does not make the search inadequate." She added that the FBI was not obligated to search its field offices without a specific request to do so, noting that "here, the FBI did not search its field offices because SLDN did not make such a request. The FBI did search its [Joint Terrorism Task Force] records, however, as the JTTF records are part of the FBI Central Records System." SLDN complained about the first search conducted by Defense, but Collyer pointed out that "because DOD now has described the files searched, the claim that the search was inadequate based on the failure to provide such an explanation is now moot." She also rejected SLDN's complaint about Defense's narrow interpretation of its request, observing that "while DOD originally construed SLDN's request narrowly, it subsequently agreed to accommodate SLDN and treated SLDN's request 'as if it had called for all [database] reports related to meetings or communications involving [gay] groups.' In searching a second time, DOD interpreted SLDN's request in the broad manner that SLDN desired."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2006-02-06	1	COMPLAINT For Injunctive Relief against DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE (Filing fee $ 250) filed by SERVICEMEMBERS LEGAL DEFENSE NETWORK.(tg, ) (Entered: 02/07/2006)
2006-02-06	2	LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SERVICEMEMBERS LEGAL DEFENSE NETWORK (tg, ) (Entered: 02/07/2006)
2006-02-06		SUMMONS Not Issued as to DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (tg, ) (Entered: 02/07/2006)
2006-02-07		Summons (4) Issued as to DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (tg, ) (Entered: 02/07/2006)
2006-02-13	3	SUMMONS Returned Executed by SERVICEMEMBERS LEGAL DEFENSE NETWORK. DEPARTMENT OF DEFENSE served on 2/13/2006, answer due 3/15/2006; DEPARTMENT OF JUSTICE served on 2/13/2006, answer due 3/15/2006. (Attachments: # 1 Exhibit)(Segroves, James) (Entered: 02/13/2006)
2006-02-24	4	MOTION for Preliminary Injunction by SERVICEMEMBERS LEGAL DEFENSE NETWORK. (Segroves, James) (Entered: 02/24/2006)
2006-02-25	5	ENTERED IN ERROR.....NOTICE by SERVICEMEMBERS LEGAL DEFENSE NETWORK re 4 MOTION for Preliminary Injunction (Attachments: # 1 Exh. 1 to Plaintiff's Motion for P.I.# 2 Exh 2 to Plaintiff's Mot. for a P.I.# 3 Exh. 3# 4 Exh.4# 5 Exh.5# 6 Exh. 6# 7 Exh. 7# 8 Exh. 8# 9 Exh. 9# 10 Exh. 10)(Segroves, James) Modified on 2/28/2006 (jf, ). (Entered: 02/25/2006)
2006-02-25	6	ENTERED IN ERROR.....NOTICE by SERVICEMEMBERS LEGAL DEFENSE NETWORK re 4 MOTION for Preliminary Injunction (Attachments: # 1 Exh. 11 to Plaintiff's Motion for a PI# 2 Exh. 12# 3 Exh. 13# 4 Exh. 14# 5 Exh. 15# 6 Exh. 16# 7 Exh. 17# 8 Exh. 18# 9 Exh. 19# 10 Exh. 20# 11 Exh. 21# 12 Exh. 22# 13 Exh. 23# 14 Exh. 24)(Segroves, James) Modified on 2/28/2006 (jf, ). (Entered: 02/25/2006)
2006-02-25	7	ENTERED IN ERROR.....NOTICE by SERVICEMEMBERS LEGAL DEFENSE NETWORK re 4 MOTION for Preliminary Injunction (Attachments: # 1 # 2 Exh. 25A to Plaintiff's Motion for a PI# 3 Exh. 25B# 4 Exh. 25C# 5 Exh. D# 6 Exh. 25E# 7 Exh. 25F# 8 Exh. 25G# 9 )(Segroves, James) Modified on 2/28/2006 (jf, ). (Entered: 02/25/2006)
2006-02-25	8	ENTERED IN ERROR.....NOTICE by SERVICEMEMBERS LEGAL DEFENSE NETWORK re 4 MOTION for Preliminary Injunction (Attachments: # 1 Exh. 25H to Plaintiff's Mot. For a PI# 2 Exh. i# 3 Exh. J# 4 # 5 Exh. L# 6 # 7 Exh. 25N# 8 Exh. 25O# 9 Exh. 25P)(Segroves, James) Modified on 2/28/2006 (jf, ). (Entered: 02/25/2006)
2006-02-25	9	ENTERED IN ERROR.....NOTICE by SERVICEMEMBERS LEGAL DEFENSE NETWORK re 4 MOTION for Preliminary Injunction (Attachments: # 1 Exh. 26A to Plaintiff's Mot. for a PI# 2 Exh. 26B# 3 Exh. 26C# 4 Exh. 26D# 5 Exh. 26E# 6 Exh. 26F# 7 Exh. 26G# 8 Exh. 26H# 9 Exh. 26i)(Segroves, James) Modified on 2/28/2006 (jf, ). (Entered: 02/25/2006)
2006-02-25	10	ENTERED IN ERROR.....NOTICE by SERVICEMEMBERS LEGAL DEFENSE NETWORK re 4 MOTION for Preliminary Injunction (Attachments: # 1 Exh. 26K# 2 Exh. 26L# 3 Exh. 26M# 4 Exh. 27# 5 Exh. 28# 6 Exh. 29# 7 Exh. 30)(Segroves, James) Modified on 2/28/2006 (jf, ). (Entered: 02/25/2006)
2006-02-27	11	NOTICE Regarding Exhibit Attachment by SERVICEMEMBERS LEGAL DEFENSE NETWORK re 4 MOTION for Preliminary Injunction (Segroves, James) (Entered: 02/27/2006)
2006-02-27	12	MOTION to Proceed Without Disclosure of Full Residence Address by SERVICEMEMBERS LEGAL DEFENSE NETWORK. (Attachments: # 1 Exhibit A# 2 Exhibit A1# 3 Exhibit B# 4 Exhibit C)(Segroves, James) (Entered: 02/27/2006)
2006-02-28		NOTICE OF CORRECTED DOCKET ENTRY: Document Nos. re 10 5 8 (Other),, 6 9 7 was entered in error and refiled as No. 11 (jf, ) (Entered: 02/28/2006)
2006-03-03	13	MOTION for Extension of Time to Oppose Plaintiff's Motion for Preliminary Injunction and in Which to Answer or Otherwise Respond to Plaintiff's Complaint by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Text of Proposed Order)(Bhattacharyya, Rupa) (Entered: 03/03/2006)
2006-03-05	14	Memorandum in opposition to re 13 Defs.' Mot. for an Extension of Time Within Which to Respond to Prelim. Inj. Mot. filed by SERVICEMEMBERS LEGAL DEFENSE NETWORK. (Attachments: # 1 Text of Proposed Order Proposed Order)(Segroves, James) (Entered: 03/05/2006)
2006-03-06		MINUTE ENTRY ORDER granting 13 Defendants' Motion for Extension of Time to Respond to Preliminary Injunction Motion and to Respond to Complaint. Defendants must respond to Plaintiff's Motion for Preliminary Injunction on or before March 20, 2006, and Defendants must respond to the Complaint on or before March 29, 2006. Signed by Judge Rosemary M. Collyer on 3/6/06. (KD) (Entered: 03/06/2006)
2006-03-06		Set/Reset Deadlines: Answer to complaint due by 3/29/2006. (cdw) (Entered: 03/14/2006)
2006-03-14	15	MOTION for Hearing on Pl.'s Mot. for Prelim. Inj. by SERVICEMEMBERS LEGAL DEFENSE NETWORK. (Attachments: # 1 Exhibit Letter from Robert W. Rogalski, Acting Under Secretary of Defense (Counterintelligence and Security), Department of Defense, to Senator Patrick J. Leahy (D-VT) (Mar. 8, 2006)# 2 Exhibit Pentagon admits errors in spying on protesters# 3 Text of Proposed Order)(Segroves, James) (Entered: 03/14/2006)
2006-03-20	16	NOTICE of Appearance by Samuel C. Kaplan on behalf of all defendants (Kaplan, Samuel) (Entered: 03/20/2006)
2006-03-20	17	Memorandum in opposition to re 4 plaintiff's motion for preliminary injunction filed by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Excerpt from Plaintiff's Web-Site# 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 )(Kaplan, Samuel) (Entered: 03/20/2006)
2006-03-24	18	REPLY to opposition to motion re 4 MOTION for Preliminary Injunction filed by SERVICEMEMBERS LEGAL DEFENSE NETWORK. (Attachments: # 1 Exhibit Defs.' Expedited Mot. for Relief, EPIC v. DOJ, No. 06-96# 2 Exhibit Ex. 2 James Bovard, Op-Ed., A terrorist on every corner, L.A. Times, Feb. 8, 2006, at B15.pdf# 3 Exhibit Ex. 3 Walter Pincus, Unverified Reports of Terror Threats Linger, Wash. Post, Jan. 31, 2006, at A6# 4 Exhibit Ex. 4 Michael Isikoff, The Other Big Brother The Pentagon has its own domestic spying program, Newsweek (Jan. 30, 2006)# 5 Exhibit Ex. 5 Editorial, Bad Targeting, Wash. Post, Jan. 30, 2006, at A16# 6 Exhibit Ex. 5 Editorial, Bad Targeting, Wash. Post, Jan. 30, 2006, at A16# 7 Exhibit Ex. 7 Dep?t of Def., Freedom of Information Act Report for Fiscal Year (FY) 2005# 8 Exhibit Ex. 8 Dep?t of Justice, Freedom of Information Act (FOIA) Report for Fiscal Year 2005# 9 Exhibit Ex. 9 Press Release, Office of Sen. Patrick Leahy, Rumsfeld Finally Yields Some Answers To Leahy?s Questions (Mar. 9, 2006))(Segroves, James) (Entered: 03/24/2006)
2006-03-29	19	ANSWER to Complaint by DEPARTMENT OF DEFENSE. Related document: 1 Complaint filed by SERVICEMEMBERS LEGAL DEFENSE NETWORK,.(Kaplan, Samuel) (Entered: 03/29/2006)
2006-03-29	20	ANSWER to Complaint by DEPARTMENT OF JUSTICE. Related document: 1 Complaint filed by SERVICEMEMBERS LEGAL DEFENSE NETWORK,.(Kaplan, Samuel) (Entered: 03/29/2006)
2006-03-30	21	MOTION for Leave to File Brief as Amicus Curiae in Support of Plaintiff's Motion for a Preliminary Injunction by NEW YORK UNIVERSITY SCHOOL OF LAW. (Attachments: # 1 Brief as Amicus Curiae# 2 Text of Proposed Order)(tg, ) (Entered: 03/31/2006)
2006-03-30	22	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ada Meloy. :Address- 70 Washington Square South, New York University, New York, NY 10012. Phone No. - (212) 998-2258. . (Attachments: # 1 Text of Proposed Order)(tg, ) (Entered: 03/31/2006)
2006-04-03		MINUTE ENTRY ORDER granting 21 New York University School of Law's Motion for Leave to File Brief Amicus Curiae in support of Plaintiff's motion for preliminary injunction. The brief amicus curiae may be filed. Signed by Judge Rosemary M. Collyer on 4/3/06. (KD) (Entered: 04/03/2006)
2006-04-03	23	AMICUS CURIAE BRIEF In Support of Plaintiff's Motion for Preliminary Injunction by NEW YORK UNIVERSITY SCHOOL OF LAW. (tg, ) (Entered: 04/04/2006)
2006-04-04		MINUTE ENTRY ORDER granting 22 Motion for Leave to Appear Pro Hac Vice. Ada Meloy shall be admitted pro hac vice to appear on behalf of amicus curiae New York University School of Law in this proceeding. Signed by Judge Rosemary M. Collyer on 4/4/06. (KD) (Entered: 04/04/2006)
2006-04-04	24	NOTICE of Supplemental Authority and Submission of Supplemental Declarations by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE re 4 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit March 24, 2006 Order# 2 Exhibit Second Declaration of Melanie Ann Pustay# 3 Exhibit Second Declaration of William T. Kammer)(Kaplan, Samuel) (Entered: 04/04/2006)
2006-04-04	25	ENTERED IN ERROR.....MOTION for Leave to File Supplemental Declarations by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Second Declaration of Melanie Ann Pustay# 2 Exhibit Second Declaration of William T. Kammer)(Kaplan, Samuel) Modified on 4/4/2006 (lc, ). (Entered: 04/04/2006)
2006-04-04	26	MOTION for Leave to File Supplemental Declarations by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Second Declaration of Melanie Ann Pustay# 2 Exhibit Second Declaration of William T. Kammer)(Kaplan, Samuel) (Entered: 04/04/2006)
2006-04-04		NOTICE OF CORRECTED DOCKET ENTRY: re 25 MOTION for Leave to File Supplemental Declarations was entered in error and counsel has refiled the document (see docket entry #26). (lc, ) (Entered: 04/04/2006)
2006-04-05		MINUTE ENTRY ORDER granting 26 Defendants' Motion for Leave to File Supplemental Declarations. Signed by Judge Rosemary M. Collyer on 4/5/06. (KD) (Entered: 04/05/2006)
2006-04-13		MINUTE ENTRY ORDER granting 12 Plaintiff's Motion to Proceed Without Disclosure of Full Residence Address. Plaintiff shall file its full residence address under seal in accordance with LCvR 5.1(j) and Plaintiff's full residences address shall remain under seal and shall not be publically disclosed by the Clerk or the parties. Signed by Judge Rosemary M. Collyer on 4/13/06. (KD) (Entered: 04/13/2006)
2006-04-13		MINUTE ENTRY ORDER granting 15 Plaintiff's Motion for Hearing on its motion for preliminary injunction. Preliminary injunction hearing is set for April 19, 2006 at 4:00 p.m. Signed by Judge Rosemary M. Collyer on 4/13/06. (KD) (Entered: 04/13/2006)
2006-04-14	27	NOTICE of Sealed Filing by SERVICEMEMBERS LEGAL DEFENSE NETWORK (Segroves, James) (Entered: 04/14/2006)
2006-04-14	28	Unopposed MOTION for Leave to File Supplemental Declaration by SERVICEMEMBERS LEGAL DEFENSE NETWORK. (Attachments: # 1 Affidavit Supplemental Declaration of James F. Segroves# 2 Text of Proposed Order)(Segroves, James) (Entered: 04/14/2006)
2006-04-17	29	MOTION for Leave to File Supplemental Declaration in Support of Amicus Curiae Brief by NEW YORK UNIVERSITY SCHOOL OF LAW. (Attachments: # 1 Affidavit Supplemental Declaration of Ada Meloy# 2 Text of Proposed Order Proposed Order)(Routh, Steven) (Entered: 04/17/2006)
2006-04-18		MINUTE ENTRY ORDER granting 28 Plaintiff's Motion for Leave to File Supplemental Declaration and granting 29 Motion for Leave to File Supplemental Declaration filed by New York University School of Law. Signed by Judge Rosemary M. Collyer on 4/18/06. (KD) (Entered: 04/18/2006)
2006-04-18	30	ADDITIONAL ATTACHMENT by NEW YORK UNIVERSITY SCHOOL OF LAW re 23 Amicus Brief, filed by NEW YORK UNIVERSITY SCHOOL OF LAW,. (tg, ) (Entered: 04/19/2006)
2006-04-19		Preliminary Injunction Hearing held before Judge Rosemary M. Collyer on 4/19/2006. (Court Reporter: Annie Shaw) (cdw) (Entered: 04/25/2006)
2006-04-20	31	ORDER denying as moot 4 Plaintiff's Motion for Preliminary Injunction, denying without prejudice Plaintiff's request for a fee waiver, noting the parties' agreement regarding dates for responses to FOIA requests, and setting briefing schedule. Defendants shall file a motion for summary judgment on or before June 5, 2006; Plaintiff shall file a response on or before July 5, 2006; and Defendants may file a reply on or before July 19, 2006. See Order for further details. Signed by Judge Rosemary M. Collyer on 4/20/06. (KD) (Entered: 04/20/2006)
2006-04-20		Set Deadlines/Hearings: Defendant's Summary Judgment motion due by 6/5/2006. Plaintiff's Response to Motion for Summary Judgment due by 7/5/2006. Defendant's Reply to Motion for Summary Judgment due by 7/19/2006. (cdw) (Entered: 04/21/2006)
2006-05-22	32	Unopposed MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Kaplan, Samuel) (Entered: 05/22/2006)
2006-05-23		MINUTE ENTRY ORDER granting 32 Unopposed Motion for Extension of Time to File Defendants' Motion for Summary Judgment. Dispositive motion deadlines are rescheduled as follows: Motion for Summary Judgment due on or before June 26, 2006; Response due on or before July 26, 2006; and Reply due on or before August 9, 2006. Signed by Judge Rosemary M. Collyer on 5/23/06. (KD) (Entered: 05/23/2006)
2006-05-23		Set Deadlines/Hearings: Summary Judgment motions due by 6/26/2006. Response to Motion for Summary Judgment due by 7/26/2006. Reply to Motion for Summary Judgment due by 8/9/2006. (cdw) (Entered: 05/24/2006)
2006-06-26	33	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Kaplan, Samuel) (Entered: 06/26/2006)
2006-06-27		MINUTE ENTRY ORDER granting 33 Defendants' Unopposed Motion for Extension of Time to File Motion for Summary Judgment. Defendants shall file their motion for summary judgment no later than June 28, 2006; a response shall be filed no later than July 28, 2006; a reply may be filed no later than August 11, 2006. Signed by Judge Rosemary M. Collyer on 6/27/06. (KD) (Entered: 06/27/2006)
2006-06-27		Set Deadlines/Hearings: Summary Judgment motions due by 6/28/2006. Response to Motion for Summary Judgment due by 7/28/2006. Reply to Motion for Summary Judgment due by 8/11/2006. (cdw) (Entered: 06/28/2006)
2006-06-28	34	MOTION for Summary Judgment by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order # 2 Exhibit Third Declaration of Melanie Ann Pustay# 3 Exhibit Second Declaration of David M. Hardy# 4 Exhibit Third Declaration of William T. Kammer# 5 Exhibit Second Declaration of Brian S. Kinsey# 6 Exhibit Letter from James F. Segroves to Samuel C. Kaplan# 7 Exhibit Letter from Samuel C. Kaplan to James F. Segroves# 8 Exhibit E-mails, June 20, 2006)(Kaplan, Samuel) (Entered: 06/28/2006)
2006-07-05	35	NOTICE of Submission of Supplemental Declaration and Supplement to Rule 56.1 Statement of Material Facts as to Which There Is No Genuine Issue by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE re 34 MOTION for Summary Judgment (Attachments: # 1 Affidavit of William T. Kammer)(Kaplan, Samuel) (Entered: 07/05/2006)
2006-07-24	36	Unopposed MOTION for Extension of Time to File Opposition to Defendants' Motion for Summary Judgment by SERVICEMEMBERS LEGAL DEFENSE NETWORK. (Attachments: # 1 Text of Proposed Order)(Segroves, James) (Entered: 07/24/2006)
2006-07-24		MINUTE ENTRY ORDER granting 36 Plaintiff's unopposed Motion for Extension of Time to file an opposition to Defendants' motion for summary judgment. Plaintiff shall file its response on or before August 11, 2006. Defendants may file a reply on or before August 25, 2006. Signed by Judge Rosemary M. Collyer on 7/24/06. (KD) (Entered: 07/24/2006)
2006-07-24		Set Deadlines/Hearings: Response to Motion for Summary Judgment due by 8/11/2006. Reply to Motion for Summary Judgment due by 8/25/2006. (cdw) (Entered: 08/01/2006)
2006-08-11	37	Memorandum in opposition to re 34 MOTION for Summary Judgment filed by SERVICEMEMBERS LEGAL DEFENSE NETWORK. (Attachments: # 1 Affidavit Third Segroves Declaration# 2 Text of Proposed Order)(Segroves, James) (Entered: 08/11/2006)
2006-08-25	38	MOTION for Extension of Time to File Defendants' Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Kaplan, Samuel) (Entered: 08/25/2006)
2006-08-25		MINUTE ENTRY ORDER granting 38 Defendants' unopposed Motion for Extension of Time to file reply. The reply may be filed no later than September 8, 2006. Signed by Judge Rosemary M. Collyer on 8/25/06. (KD) (Entered: 08/25/2006)
2006-09-01	39	REPLY to opposition to motion re 34 MOTION for Summary Judgment filed by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1 - Fifth Declaration of William T. Kammer# 2 Exhibit 2 - Declaration of John M. Smith# 3 Exhibit 3 - Third Declaration of David M. Hardy# 4 Exhibit 4 - Slip opinion in Prescott v. Dep't of Justice, No. 00-0187)(Kaplan, Samuel) (Entered: 09/01/2006)
2007-01-12	40	MEMORANDUM AND OPINION granting 34 Defendants' motion for summary judgment. See Opinion for further details. Signed by Judge Rosemary M. Collyer on 1/12/07. (KD) (Entered: 01/12/2007)
2007-01-12	41	ORDER granting 34 Defendants' Motion for Summary Judgment. Signed by Judge Rosemary M. Collyer on 1/12/07. (KD) (Entered: 01/12/2007)
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