Case Detail

FOIA Project Annotation: In a graphic example of trying to ask an agency for something the government won't even admit exists, a federal court in New York has ruled that the Department of Homeland Security conducted an adequate search for records concerning the treatment of individuals who are often referred to in the press as "ghost detainees," individuals who may have been the subject of rendition or whose detention has never been acknowledged by the U.S. Amnesty International and several other public interest groups asked a variety of agencies for information on such detainees. Their request purposely avoided using the charged word "rendition," but described them as "individuals. . .deprived of their liberty by or with the involvement of the United States and about whom the United States has not provided public information." Homeland Security searched for records at Immigration and Customs Enforcement, Customs and Border Protection, and a variety of other offices, including the Department's intelligence and privacy offices. A reasonably broad list of keywordsâ€"such as ghost detainee or secret detentionâ€"was used to search databases and those electronic searches were followed up with manual searches when appropriate. Amnesty argued that the agency had failed to search for records on individuals whose secret detention had become a matter of public knowledge and had thus improperly narrowed the request. But Judge Loretta Preska disagreed, noting that "the documents [about individuals] referenced by Plaintiffs are not responsive to the Request. . .[T]o be responsive, a document itself must reference the 'secret detention' concept; the documents provided by Plaintiffs [as examples of responsive records] do not. Thus, while DHS may have 'been investigating the [Maher] Arar case for more than three years,' there is no reason to believe that such an investigation examined the circumstances of his alleged 'secret detention.'" Preska further explained that "confronted with this Request, I conclude that the Government's interpretation was the only reasonable approach allowed under FOIA. Under Plaintiffs' interpretation, the Government would be required to compile a list of individuals it determined were subject to 'secret detention' and search for documents related to those individuals, whether or not the documents contained words or phrases used in the Scope of Request to identify the concept of 'secret detention.'" She added that "FOIA is a mechanism to obtain access to records, not answers to questions. As understood by Plaintiffs, however, the Request seeks precisely thatâ€"the Government's answer to the question: 'Who are the subjects of your secret detention program?' It is unnecessary to pass on the propriety of that question to recognize that it is not something that can be resolved by way of a FOIA request." Preska made the somewhat peculiar observation that, although agencies were expected to clarify exactly what the requester wanted, they had no legal obligation to do so. She pointed out that "while communication between the Government and requesters is certainly encouraged to resolve FOIA request ambiguities, Plaintiffs cite no controlling authority obligating it to do so. The Government does not admit to harboring any doubts as to the meaning of the request and it is under no 'obligation to search anew based upon a subsequent clarification.'" Preska expressed concern that the agency's database search was only designed to pick up words in specific combinations rather than identifying key terms wherever they occurred. But she indicated that "this failure does not render the Government's searches unreasonable in this case. . .Here, to the extent that classified databases were searched, the vast majority of them were searched by hand and such hand searches are not tainted by any deficiencies in the Government's computerized searches."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2007-06-07	1	COMPLAINT against Department of Justice, Department of State, Central Intelligence Agency, Department of Homeland Security. (Filing Fee $ 350.00, Receipt Number 617555)Document filed by Amestey International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.(jeh) Additional attachment(s) added on 6/13/2007 (Horne, Jenny). (Entered: 06/12/2007)
2007-06-07		SUMMONS ISSUED as to Department of Justice, Department of State, Central Intelligence Agency, Department of Homeland Security, U.S. Attorney and U.S. Attorney General. (jeh) (Entered: 06/12/2007)
2007-06-07		Case Designated ECF. (jeh) (Entered: 06/12/2007)
2007-06-07		Magistrate Judge Ronald L. Ellis is so designated. (jeh) (Entered: 06/12/2007)
2007-06-07	2	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Center for Constitutional Rights, Inc.(jeh) (Entered: 06/12/2007)
2007-06-07	3	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Washington Square Legal Services, Inc.(jeh) (Entered: 06/12/2007)
2007-06-07	4	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Amestey International USA.(jeh) (Entered: 06/12/2007)
2007-07-05	5	AFFIDAVIT OF SERVICE of Summons and Complaint,. Service was accepted by Stephanie Minor, Legal Assistant, Department of State. Document filed by Amestey International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Satterthwaite, Margaret) (Entered: 07/05/2007)
2007-07-05	6	AFFIDAVIT OF SERVICE of Summons and Complaint,. Department of Defense served on 6/14/2007, answer due 7/4/2007. Service was accepted by Sharon Jacobs-Fisher, Paralegal, Department of Defense. Document filed by Amestey International USA; Center for Constitutional Rights, Inc.; Washington Square Legal Services, Inc.. (Satterthwaite, Margaret) (Entered: 07/05/2007)
2007-07-05	7	AFFIDAVIT OF SERVICE of Summons and Complaint,. Service was accepted by Mr. Schurle, Central Intelligence Agency. Document filed by Amestey International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Satterthwaite, Margaret) (Entered: 07/05/2007)
2007-07-05	8	AFFIDAVIT OF SERVICE of Summons and Complaint,. Service was accepted by Willo T. Lee, Mailroom Clerk, Department of Justice. Document filed by Amestey International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Satterthwaite, Margaret) (Entered: 07/05/2007)
2007-07-05	9	AFFIDAVIT OF SERVICE of Summons and Complaint,. Service was accepted by Lakisha Richardson, Paralegal Specialist, Department of Homeland Security. Document filed by Amestey International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Satterthwaite, Margaret) (Entered: 07/05/2007)
2007-07-20	10	ENDORSED LETTER addressed to Judge Loretta A. Preska from Brian M. Feldman dated 7/19/2007 re: extend the deadline for dfts to respond to the complt in this matter by two weeks. ENDORSEMENT: So Ordered. Department of Justice; Department of State; Department of Defense; Central Intelligence Agency; and Department of Homeland Security answer due 8/3/2007. (Signed by Judge Loretta A. Preska on 7/20/2007) (jar) (Entered: 07/23/2007)
2007-07-20	11	MOTION for Kyle Deyoung to Appear Pro Hac Vice. Document filed by Amestey International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.(jco) (Entered: 07/26/2007)
2007-07-30		CASHIERS OFFICE REMARK on 11 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 07/20/2007, Receipt Number 621878. (jd) (Entered: 07/30/2007)
2007-07-30	12	ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Kyle DeYoung is admitted to practice pro hac vice as counsel for Amnesty International USA, Center for Constitutional Rights, Inc. and Washington Square Legal Services, Inc. All attorneys appearing before this court are subject to the Local Rules of this court, including the Rules governing discipline of attorneys. If this action is assigned to the ECF system, counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of Court. (Signed by Judge Loretta A. Preska on 7/30/07) (dle) Additional attachment(s) added on 7/31/2007 (Lewis, Diahan). Modified on 8/21/2007 (Lewis, Diahan). (Entered: 07/31/2007)
2007-07-30		Transmission to Attorney Admissions Clerk. Transmitted re: 12 Order on Motion to Appear Pro Hac Vice,,, to the Attorney Admissions Clerk for updating of Attorney Information. (dle) (Entered: 07/31/2007)
2007-08-03	13	ANSWER to Complaint. Document filed by Department of Justice, Department of State, Department of Defense, Central Intelligence Agency, Department of Homeland Security.(McShain, Heather) (Entered: 08/03/2007)
2007-08-03	14	CERTIFICATE OF SERVICE. Document filed by Department of Justice, Department of State, Department of Defense, Central Intelligence Agency, Department of Homeland Security. (McShain, Heather) (Entered: 08/03/2007)
2007-08-08	15	NOTICE OF APPEARANCE by Jeannette Anne Vargas on behalf of Department of Justice, Department of State, Department of Defense, Central Intelligence Agency, Department of Homeland Security (Vargas, Jeannette) (Entered: 08/08/2007)
2007-08-09	16	NOTICE OF APPEARANCE by Brian Marc Feldman on behalf of Department of Justice, Department of State, Department of Defense, Central Intelligence Agency, Department of Homeland Security (Feldman, Brian) (Entered: 08/09/2007)
2007-08-17	17	ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/6/2007 at 11:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 8/17/07) (dle) (Entered: 08/20/2007)
2007-09-07	18	ENDORSED LETTER addressed to Judge Loretta A. Preska from Jeannette A. Vargas dated 9/4/07 re: On behalf of all parties to the above referenced Freedom of Information Act litigation, I write to request an adjournment of the conference scheduled for September 6, 2007, at 11:00 a.m.. ENDORSEMENT: The conference is adjourned to September 20, at 9:00 a.m. So Ordered. (Signed by Judge Loretta A. Preska on 9/6/07) (js) (Entered: 09/07/2007)
2007-09-12	19	ENDORSED LETTER addressed to Judge Loretta A. Preska from Brian M. Feldman dated 9/11/07 re: a request that the Court adjourn the initial pretrial conference in this matter from 9/20/2007 to 10/24/2007 to begin at 9:30 AM. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 9/12/07) (kco) (Entered: 09/13/2007)
2007-10-24		Minute Entry for proceedings held before Judge Loretta A. Preska : Interim Pretrial Conference held on 10/24/2007. (jar) (Entered: 11/05/2007)
2007-11-27	20	ENDORSED LETTER addressed to Judge Loretta A. Preska from Brian M. Feldman and Jeannette Anne Vargas dated 11/21/2007 re: Grant the parties a brief extension of time, from Monday, November 26, 2007, until Friday, November 30, 2007, to conclude our discussions and submit our respective reports of the Court. ENDORSEMENT: SO ORDERED. (Status Report due by 11/30/2007.) (Signed by Judge Loretta A. Preska on 11/26/2007) (jmi) (Entered: 11/27/2007)
2007-11-30	21	MOTION for Partial Summary Judgment. Document filed by Department of Homeland Security.(Feldman, Brian) (Entered: 11/30/2007)
2007-11-30	22	MEMORANDUM OF LAW in Support re: 21 MOTION for Partial Summary Judgment.. Document filed by Department of Homeland Security. (Feldman, Brian) (Entered: 11/30/2007)
2007-11-30	23	DECLARATION of Brian M. Feldman, Esq. in Support re: 21 MOTION for Partial Summary Judgment.. Document filed by Department of Homeland Security. (Attachments: # 1 Exhibit A)(Feldman, Brian) (Entered: 11/30/2007)
2007-11-30	24	DECLARATION of Catrina M. Pavlik-Keenan in Support re: 21 MOTION for Partial Summary Judgment.. Document filed by Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Feldman, Brian) (Entered: 11/30/2007)
2007-11-30	25	DECLARATION of Shari Suzuki in Support re: 21 MOTION for Partial Summary Judgment.. Document filed by Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Feldman, Brian) (Entered: 11/30/2007)
2007-11-30	26	DECLARATION of Nicole Bertucci in Support re: 21 MOTION for Partial Summary Judgment.. Document filed by Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Feldman, Brian) (Entered: 11/30/2007)
2007-11-30	27	DECLARATION of Sandy Ford Page in Support re: 21 MOTION for Partial Summary Judgment.. Document filed by Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Feldman, Brian) (Entered: 11/30/2007)
2007-11-30	28	DECLARATION of Vania T. Lockett in Support re: 21 MOTION for Partial Summary Judgment.. Document filed by Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Feldman, Brian) (Entered: 11/30/2007)
2008-01-04	29	MEMORANDUM OF LAW in Opposition re: 21 MOTION for Partial Summary Judgment. and In Support of Plaintiffs' Cross Motion for Partial Summary Judgment . Document filed by Amestey International USA, Washington Square Legal Services, Inc.. (Satterthwaite, Margaret) (Entered: 01/04/2008)
2008-01-04	30	RULE 56.1 STATEMENT. Document filed by Amestey International USA, Washington Square Legal Services, Inc.. (Satterthwaite, Margaret) (Entered: 01/04/2008)
2008-01-04	31	DECLARATION of Daniel L. Regard in Support of Cross Motion for Partial Summary Judgment and in Opposition re: 21 MOTION for Partial Summary Judgment.. Document filed by Amestey International USA, Washington Square Legal Services, Inc.. (Attachments: # 1 Exhibit 1)(Satterthwaite, Margaret) (Entered: 01/04/2008)
2008-01-04	32	DECLARATION of Kyle M. DeYoung in Support of Cross Motion for Partial Summary Judgment and in Opposition re: 21 MOTION for Partial Summary Judgment.. Document filed by Amestey International USA, Washington Square Legal Services, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42)(Satterthwaite, Margaret) (Entered: 01/04/2008)
2008-01-04	33	CERTIFICATE OF SERVICE. Document filed by Amestey International USA, Washington Square Legal Services, Inc.. (Satterthwaite, Margaret) (Entered: 01/04/2008)
2008-01-07	34	CROSS MOTION for Partial Summary Judgment. Document filed by Amestey International USA, Washington Square Legal Services, Inc.. (Attachments: # 1 Exhibit 1)(Satterthwaite, Margaret) (Entered: 01/07/2008)
2008-02-04	35	DECLARATION of James McNeely in Support re: 21 MOTION for Partial Summary Judgment.. Document filed by Department of Homeland Security. (Vargas, Jeannette) (Entered: 02/05/2008)
2008-02-05	36	REPLY AFFIDAVIT of William T. Kammer in Support re: 21 MOTION for Partial Summary Judgment.. Document filed by Department of Homeland Security. (Attachments: # 1 Exhibit A (part 1), # 2 Exhibit A (part 2), # 3 Exhibit A (part 3), # 4 Exhibit B)(Vargas, Jeannette) (Entered: 02/05/2008)
2008-02-05	37	REPLY AFFIDAVIT of Brian Feldman in Support re: 21 MOTION for Partial Summary Judgment.. Document filed by Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Vargas, Jeannette) (Entered: 02/05/2008)
2008-02-05	38	REPLY MEMORANDUM OF LAW in Support re: 34 CROSS MOTION for Partial Summary Judgment., 21 MOTION for Partial Summary Judgment.. Document filed by Department of Homeland Security. (Feldman, Brian) (Entered: 02/05/2008)
2008-02-05	39	REPLY AFFIDAVIT of Vania Lockett in Support re: 21 MOTION for Partial Summary Judgment.. Document filed by Department of Homeland Security. (Attachments: # 1 Exhibit A (part 1), # 2 Exhibit A (part 2), # 3 Exhibit A (part 3), # 4 Exhibit A (part 4), # 5 Exhibit B (part 1), # 6 B (part 2), # 7 B (part 3), # 8 B (part 3), # 9 Exhibit B (part 5), # 10 Exhibit B (part 6), # 11 Exhibit B (part 7), # 12 Exhibit B (part 8), # 13 Exhibit B (part 9), # 14 Exhibit B (part 10), # 15 Exhibit C, # 16 Exhibit D)(Vargas, Jeannette) (Entered: 02/05/2008)
2008-02-15	40	MEMORANDUM OF LAW in Support re: 34 CROSS MOTION for Partial Summary Judgment., 29 Memorandum of Law in Opposition to Motion, for Partial Summary Judgment . Document filed by Amestey International USA, Washington Square Legal Services, Inc.. (Attachments: # 1 Affidavit)(Satterthwaite, Margaret) (Entered: 02/15/2008)
2008-02-20	41	ENDORSED LETTER addressed to Judge Loretta A. Preska from Kyle DeYoung dated 2/15/08 re: Request for leave from the Court, nunc pro tunc, to file a 15 page memorandum of law. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 2/20/08) (cd) (Entered: 02/20/2008)
2008-03-03	42	SCHEDULING ORDER: Oral Argument set for 4/23/2008 at 09:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 3/3/08) (tro) (Entered: 03/03/2008)
2008-04-14	43	ENDORSED LETTER addressed to Judge Loretta A. Preska from Jeannette A. Vargas dated 4/10/2008 re: Requesting leave form the Court to file a 45 page memorandum of law. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 4/11/2008) (jpo) (Entered: 04/14/2008)
2008-04-16	44	NOTICE OF APPEARANCE by Gitanjali S. Gutierrez on behalf of Center for Constitutional Rights, Inc. (Gutierrez, Gitanjali) (Entered: 04/16/2008)
2008-04-18	45	STIPULATION AND ORDER OF PARTIAL SETTLEMENT AND DISMISSAL, that DHS will, in good faith, process all remaining Withheld Records using the redactions made to the Representative Set as a guideline for the withholding of exempt information; provided, however that, in processing the remaining Withheld Records, DHS will segregate non-exempt electronic mail transmittal information. (Signed by Judge Loretta A. Preska on 4/16/08) (cd) (Entered: 04/18/2008)
2008-04-21	46	MOTION for Summary Judgment. Document filed by Central Intelligence Agency.(Feldman, Brian) (Entered: 04/21/2008)
2008-04-21	47	DECLARATION of Paul P. Colborn in Support re: 46 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Feldman, Brian) (Entered: 04/21/2008)
2008-04-21	48	DECLARATION of Philip J. McGuire in Support re: 46 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Feldman, Brian) (Entered: 04/21/2008)
2008-04-21	49	DECLARATION of Karen L. Hecker in Support re: 46 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A)(Feldman, Brian) (Entered: 04/21/2008)
2008-04-21	50	DECLARATION of Margaret P. Grafeld in Support re: 46 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Feldman, Brian) (Entered: 04/21/2008)
2008-04-21	51	DECLARATION of Dione Jackson Stearns in Support re: 46 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Feldman, Brian) (Entered: 04/21/2008)
2008-04-21	52	DECLARATION of John P. Hackett in Support re: 46 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Feldman, Brian) (Entered: 04/21/2008)
2008-04-21	53	DECLARATION of William T. Kammer in Support re: 46 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Feldman, Brian) (Entered: 04/21/2008)
2008-04-21	54	DECLARATION of Ralph S. DiMaio in Support re: 46 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A (1-50), # 2 Exhibit A (51-100), # 3 Exhibit A (101-125), # 4 Exhibit A (126-150), # 5 Exhibit A (151-200), # 6 Errata A (201-225), # 7 Exhibit A (226-250), # 8 Exhibit B, # 9 Exhibit C, # 10 Exhibit D, # 11 Exhibit E, # 12 Exhibit F, # 13 Exhibit G, # 14 Exhibit H (stipulation))(Feldman, Brian) (Entered: 04/21/2008)
2008-04-21	55	MEMORANDUM OF LAW in Support re: 46 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Feldman, Brian) (Entered: 04/21/2008)
2008-04-22	56	ENDORSED LETTER addressed to Judge Loretta A. Preska from Margaret L. Satterthwaite dated 4/18/2008 re: Updating the Court regarding a change in the agreed upon processing and briefing schedule for the CIA. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 4/21/2008) (jpo) (Entered: 04/22/2008)
2008-04-22	57	DECLARATION of Ralph S. DiMaio (Volume II) in Support re: 46 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit I, # 2 Exhibit J (Exemption 1 and 3 Chart))(Vargas, Jeannette) (Entered: 04/22/2008)
2008-04-22	58	CERTIFICATE OF SERVICE of (1) Notice of Motion; (2) Memorandum of Law in Support of the Central Intelligence Agencys Motion for Summary Judgment; (3) Declaration of Ralph S. DiMaio; (4) Declaration of Paul P. Colborn; (5) Declaration of Philip J. McGuire; (6) Declaration of Karen Hecker; (7) Declaration of Margaret P. Grafeld; (8) Declaration of Dione Jackson Stearns; (9) Declaration of John F. Hackett; and (10) Declaration of William T. Kammer, and accompanying exhibits served on Plaintiffs on April 21, 2008. Service was made by First Class Mail. Document filed by Central Intelligence Agency. (Feldman, Brian) (Entered: 04/22/2008)
2008-05-16	59	ENDORSED LETTER addressed to Judge Loretta A. Preska from Kyle DeYoung dated 5/14/08 re: Plaintiffs' opposition (and brief in support of their cross-motion for summary judgment will be due on Wednesday, 5/28/08. Accordingly, CIA's opposition/reply brief will be due on Friday, 6/27/08 and plaintiffs' reply brief will be due on Friday, 7/11/08. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 5/14/08) (cd) (Entered: 05/16/2008)
2008-05-16		Set/Reset Deadlines: Reply due by 5/28/2008. Response due by 5/28/2008 (cd) (Entered: 05/16/2008)
2008-05-28	60	NOTICE OF APPEARANCE by Martha Jane Johnstone on behalf of Washington Square Legal Services, Inc. (Johnstone, Martha) (Entered: 05/28/2008)
2008-05-28	61	MOTION to Withdraw as Counsel to Plaintiffs Amnesty International USA and Washington Square Legal Services, Inc. . Document filed by Amestey International USA, Washington Square Legal Services, Inc..(Deyoung, Kyle) (Entered: 05/28/2008)
2008-06-02	62	ENDORSED LETTER addressed to Judge Loretta A. Preska from Kyle De Young dated 5/23/08 re: Plaintiffs request leave from the Court to file a 40-page memorandum of law. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 5/31/08) (tro) (Entered: 06/02/2008)
2008-06-04	63	TRANSCRIPT of proceedings held on May 22, 2008 @ 9:10 am before Judge Loretta A. Preska. (jab) (Entered: 06/04/2008)
2008-06-04	64	AFFIDAVIT of Kyle M. DeYoung, Esq. in Support re: 61 MOTION to Withdraw as Counsel to Plaintiffs Amnesty International USA and Washington Square Legal Services, Inc. .. Document filed by Amestey International USA, Washington Square Legal Services, Inc.. (Deyoung, Kyle) (Entered: 06/04/2008)
2008-06-06	65	NOTICE OF APPEARANCE by Emilou Harris MacLean on behalf of Center for Constitutional Rights, Inc. (MacLean, Emilou) (Entered: 06/06/2008)
2008-06-06	68	AMENDED COMPLAINT amending 1 Complaint, against Department of Justice, Department of State, Department of Defense, Central Intelligence Agency, Department of Homeland Security.Document filed by Amestey International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc. Related document: 1 Complaint, filed by Washington Square Legal Services, Inc., Amestey International USA, Center for Constitutional Rights, Inc..(dle) (dle). (Entered: 06/09/2008)
2008-06-09	66	MEMO ENDORSEMENT granting 61 Motion to Withdraw. The motion is granted.. (Signed by Judge Loretta A. Preska on 6/9/08) (mme) (Entered: 06/09/2008)
2008-06-09	67	STIPULATION AND ORDER BETWEEN PLAINTIFFS AND THE CENTRAL INTELLIGENCE AGENCY REGARDING PROCEDURES FOR ADJUDICATING SUMMARY JUDGMENT MOTIONS. Regarding procedures to be followed that shall govern the handling of summary judgement motions. (Signed by Judge Loretta A. Preska on 6/9/08) (mme) (Entered: 06/09/2008)
2008-06-11	69	TRANSCRIPT of proceedings held on 5/22/2008 before Judge Loretta A. Preska. (ama) (Entered: 06/11/2008)
2008-06-17	70	ENDORSED LETTER addressed to Loretta A. Preska from Emilou MacLean dated 6/6/08 re: that based on communications with Your Honor's law clerk as well as the consensual nature of this amended complaint, we understand that a formal motion for leave to amend is unnecessary. We have thus electronically filed a amended complaint and served Defendant CIA electronically and by federal express. ENDORSEMENT: Filing of the Amended Complaint is approved. (Signed by Judge Loretta A. Preska on 6/16/08) (pl) (Entered: 06/17/2008)
2008-06-19	71	MEMORANDUM AND ORDER: For the reasons set forth above, the search undertaken by DHS was adequate and its lone non-disclosure was proper under Exemption 6. Accordingly, Plaintiffs' cross-motion for partial summary judgment [dkt. no. 34] is DENIED, and Defendant DHS's motion for partial summary judgment [dkt. no. 21] is GRANTED. So Ordered. (Signed by Judge Loretta A. Preska on 6/19/08) (js) (Entered: 06/19/2008)
2008-06-20	72	ANSWER to Amended Complaint. Document filed by Department of Justice, Department of State, Department of Defense, Central Intelligence Agency, Department of Homeland Security. Related document: 68 Amended Complaint, filed by Washington Square Legal Services, Inc., Amestey International USA, Center for Constitutional Rights, Inc..(Feldman, Brian) (Entered: 06/20/2008)
2008-06-20	73	CERTIFICATE OF SERVICE of ANSWER TO THE AMENDED COMPLAINT served on AMNESTY INTERNATIONAL USA, CENTER FOR CONSTITUTIONAL RIGHTS, WASHINGTON SQUARE LEGAL SERVICES, INC. on June 20, 2008. Service was made by MAIL. Document filed by Department of Justice, Department of State, Department of Defense, Central Intelligence Agency, Department of Homeland Security. (Feldman, Brian) (Entered: 06/20/2008)
2008-06-25	74	FILING ERROR - DUPLICATE DOCKET ENTRY - AFFIDAVIT of Gitanjali S. Gutierrez in Opposition re: 46 MOTION for Summary Judgment.. Document filed by Amestey International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Attachments: # 1 Affidavit Gutierrez Declaration, pt 1, # 2 Affidavit Gutierrez Declaration pt 2, # 3 Affidavit Gutierrez Declaration pt 3, # 4 Exhibit Chart, # 5 Affidavit Satterthwaite Decl, pt 1, # 6 Affidavit Satterthwaite A-D, # 7 Affidavit Satterthwaite E-I, # 8 Affidavit Satterthwaite J-N, # 9 Affidavit Satterthwaite O-V, # 10 Affidavit Satterthwaite W-Z, # 11 Affidavit Satterthwaite AA, # 12 Affidavit Satterthwaite BB, # 13 Affidavit Satterthwaite CC-KK, # 14 Affidavit Satterthwaite LL-QQ, # 15 Affidavit Satterthwaite RR-ZZ, # 16 Affidavit Satterthwaite AAA-end)(Gutierrez, Gitanjali) Modified on 6/26/2008 (jar). (Entered: 06/25/2008)
2008-06-25	75	FILING ERROR - DEFICIENT DOCKET ENTRY - CROSS MOTION for Partial Summary Judgment Against Central Intelligence Agency . Document filed by Amestey International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Attachments: # 1 Cross-Motion for Summary Judgment, # 2 Exhibit Gutierrez Declaration, pt 1, # 3 Exhibit Gutierrez Declaration pt 2, # 4 Exhibit Gutierrez Declaration pt 3, # 5 Exhibit Chart, # 6 Exhibit Satterthwaite Declaration, # 7 Exhibit Satterthwaite Decl. Exs. A-D, # 8 Exhibit Satterthwaite Decl. Exs. E-I, # 9 Exhibit Satterthwaite Decl. Ex. J-N, # 10 Exhibit Satterthwaite Decl. Exs. O-V, # 11 Exhibit Satterthewaite Decl. Exs. W-Z, # 12 Exhibit Satterthwaite Decl. Ex. AA, # 13 Exhibit Satterthwaite Decl. Ex. BB, # 14 Exhibit Satterthwaite Decl. Exs. CC-KK, # 15 Exhibit Satterthwaite Decl. Exs. LL-QQ, # 16 Exhibit Satterthwaite Decl. Exs. RR-ZZ, # 17 Exhibit Satterthwaite Decl. Exs. AAA-end)(Gutierrez, Gitanjali) Modified on 6/26/2008 (jar). (Entered: 06/26/2008)
2008-06-26		***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Gitanjali Gutierrez to RE-FILE Document 75 CROSS MOTION for Partial Summary Judgment Against Central Intelligence Agency . ERROR(S): Attachments error. Supporting documents are filed individually. Use event codes Memorandum of Law in Support, Declaration in Support and Affidavit in Support which are found under event list Replies, Oppositions, Supporting Documents. (jar) (Entered: 06/26/2008)
2008-06-26	76	MEMORANDUM OF LAW in Opposition re: 46 MOTION for Summary Judgment. By Central Intelligence Agency . Document filed by Amestey International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Attachments: # 1 Memorandum in Opposition to CIA's Motion for Summary Judgment and Plaintiffs' Cross-Motion for Partial Summary Judgment, # 2 Exhibit 2 Vaughn Index Chart)(Gutierrez, Gitanjali) (Entered: 06/26/2008)
2008-06-26	77	DECLARATION of Gitanjali S. Gutierrez in Opposition re: 46 MOTION for Summary Judgment.. Document filed by Amestey International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Attachments: # 1 Exhibit 1, Declaration of Gitanjali S. Gutierrez w/Exhibits, pt. 1, # 2 Exhibit 1, Declaration of Gitanjali S. Gutierrez w/Exhibits, pt. 2, # 3 Exhibit 1, Declaration of Gitanjali S. Gutierrez w/Exhibits, pt. 3)(Gutierrez, Gitanjali) (Entered: 06/26/2008)
2008-06-26	78	DECLARATION of Margaret L. Satterthwaite in Opposition re: 46 MOTION for Summary Judgment.. Document filed by Amestey International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Attachments: # 1 Exhibit 3, Declaration of Margaret L. Satterthwaite, Exhibits A-D, # 2 Exhibit 2, Declaration of Margaret L. Satterthwaite, Exhibits E-I, # 3 Exhibit 2, Declaration of Margaret L. Satterthwaite, Exhibits J-N, # 4 Exhibit 2, Declaration of Margaret L. Satterthwaite, Exhibits O-V, # 5 Exhibit 2, Declaration of Margaret L. Satterthwaite, Exhibits W-Z, # 6 Exhibit 2, Declaration of Margaret L. Satterthwaite, Exhibits AA, # 7 Exhibit 2, Declaration of Margaret L. Satterthwaite, Exhibit BB, # 8 Exhibit 2, Declaration of Margaret L. Satterthwaite, Exhibits CC-KK, # 9 Exhibit 2, Declaration of Margaret L. Satterthwaite, Exhibits LL-QQ, # 10 Exhibit 2, Declaration of Margaret L. Satterthwaite, Exhibits RR-ZZ, # 11 Exhibit 2, Declaration of Margaret L. Satterthwaite, Exhibits, AAA-end)(Gutierrez, Gitanjali) (Entered: 06/26/2008)
2008-07-03	79	TRANSCRIPT of proceedings held on 5/22/2008 before Judge Loretta A. Preska. (ama) (Entered: 07/03/2008)
2008-07-18	80	FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Preliminary Injunction Against DOJ and the CIA. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Attachments: # 1 Memorandum of Law in Support of Motion for Preliminary Injunction Against DOJ and the CIA, # 2 Exhibit Ex. B Nov. 30, 2007 Ltr from Defs to Court, # 3 Exhibit Ex. C Nov. 30, 2007 Ltr from Plaintiffs to Court, # 4 Exhibit Ex. D DOJ Records List, # 5 Text of Proposed Order)(Gutierrez, Gitanjali) Modified on 7/21/2008 (KA). (Entered: 07/18/2008)
2008-07-18	81	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Gitanjali S. Gutierrez in Support re: 80 MOTION for Preliminary Injunction Against DOJ and the CIA. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Attachments: # 1 Gutierrez Declaration, Attachments A-B, # 2 Gutierrez Declaration, Attachments C-D, # 3 Gutierrez Declaration, Attachments E-F, # 4 Gutierrez Declaration, Attachment G-1, # 5 Gutierrez Declaration, Attachment G-2, # 6 Gutierrez Declaration, Attachments H-J, # 7 Gutierrez Declaration, Attachments K-Q, # 8 Gutierrez Declaration, Attachment R, # 9 Gutierrez Declaration, Attachments S-X, # 10 Gutierrez Declaration, Attachment Y-1, # 11 Gutierrez Declaration, Attachment Y-2, # 12 Gutierrez Declaration, Attachments Z-EE, # 13 Gutierrez Declaration, Attachments FF-KK)(Gutierrez, Gitanjali) Modified on 7/21/2008 (KA). (Entered: 07/18/2008)
2008-07-21		***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Gitanjali S. Gutierrez to RE-FILE Document 80 MOTION for Preliminary Injunction Against DOJ and the CIA. ERROR(S): Filing Error of Attachment #80. Supporting Memorandum of Law must be filed individually. Event code located under Replies, Opposition and Supporting Documents. (KA) (Entered: 07/21/2008)
2008-07-21		***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Gitanjali S. Gutierrez to RE-FILE Document 81 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of document#80. (KA) (Entered: 07/21/2008)
2008-07-21	82	FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT NO. 85 )- MOTION for Preliminary Injunction Against DOJ and the CIA . Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Gutierrez, Gitanjali) Modified on 7/22/2008 (kkc). (Entered: 07/21/2008)
2008-07-21	83	FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT NO. 86 )- MEMORANDUM OF LAW in Support re: 82 MOTION for Preliminary Injunction Against DOJ and the CIA .. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Gutierrez, Gitanjali) Modified on 7/22/2008 (kkc). (Entered: 07/21/2008)
2008-07-21	84	FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT NO. 87 )- DECLARATION of Gitanjali S. Gutierrez in Support re: 82 MOTION for Preliminary Injunction Against DOJ and the CIA .. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Attachments: # 1 Ex. A Gutierrez Decl. Attachments A-B, # 2 Ex. A Gutierrez Decl. Attachments C-D, # 3 Ex. A Gutierrez Decl. Attachments E-F, # 4 Ex. A Gutierrez Decl. Attachment G-1, # 5 Ex. A Gutierrez Decl. Attachment G-2, # 6 Ex. A Gutierrez Decl. Attachments H-J, # 7 Ex. A Gutierrez Decl. Attachments K-Q, # 8 Ex. A Gutierrez Decl. Attachment R, # 9 Ex. A Gutierrez Decl. Attachments S-X, # 10 Ex. A Gutierrez Decl. Attachment Y-1, # 11 Ex. A Gutierrez Decl. Attachment Y-2, # 12 Ex. A Gutierrez Decl. Attachments Z-EE, # 13 Ex. A Gutierrez Decl. Attachments FF-KK)(Gutierrez, Gitanjali) Modified on 7/22/2008 (kkc). (Entered: 07/21/2008)
2008-07-21	85	FIRST MOTION for Preliminary Injunction Against DOJ and the CIA . Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Attachments: # 1 Exhibit Ex. B. Nov. 30, 2007 Ltr from Defs to Court, # 2 Exhibit Ex. C. Nov. 30, 2007 Ltr from Plaintiffs to Court, # 3 Exhibit Ex. D DOJ Document List, # 4 Text of Proposed Order)(Gutierrez, Gitanjali) (Entered: 07/21/2008)
2008-07-21	86	MEMORANDUM OF LAW in Support re: 85 FIRST MOTION for Preliminary Injunction Against DOJ and the CIA .. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Gutierrez, Gitanjali) (Entered: 07/21/2008)
2008-07-21	87	DECLARATION of Gitanjali S. Gutierrez in Support re: 85 FIRST MOTION for Preliminary Injunction Against DOJ and the CIA .. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Attachments: # 1 Ex. A Gutierrez Decl. Attachments A-B, # 2 Ex. A Gutierrez Decl. Attachments C-D, # 3 Ex. A Gutierrez Decl. Attachments E-F, # 4 Ex. A Gutierrez Decl. Attachment G-1, # 5 Ex. A Gutierrez Decl. Attachment G-2, # 6 Ex. A Gutierrez Decl. Attachments H-J, # 7 Ex. A Gutierrez Decl. Attachments K-Q, # 8 Ex. A Gutierrez Decl. Attachment R, # 9 Ex. A Gutierrez Decl. Attachments S-X, # 10 Ex. A Gutierrez Decl. Attachment Y-1, # 11 Ex. A Gutierrez Decl. Attachment Y-2, # 12 Ex. A Gutierrez Decl. Attachments Z-EE, # 13 Ex. A Gutierrez Decl. Attachments FF-KK)(Gutierrez, Gitanjali) (Entered: 07/21/2008)
2008-08-04	88	ENDORSED LETTER addressed to Judge Loretta A. Preska from Gitanjali S. Gutierrez dated 7/23/08 re: counsel for plaintiff writes to the court to memorialize the parties agreement to the following proposed schedule for the plaintiffs motion for a Preliminary Injunction filed on 7/18/08: Defendants will file their letter brief in opposition on 7/30/08; Plaintiffs will file their reply on 8/4/08; and the motion will be heard on 8/8/08 at 9:00 a.m. At this time, plaintiffs respectfully request that the hearing be conducted in person rather than telephonically and will notify the Court in their 8/4/08 submission if this position changes. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 8/4/08) (pl) Modified on 8/7/2008 (pl). (Entered: 08/04/2008)
2008-08-08	89	ENDORSED LETTER addressed to Judge Loretta A. Preska from Martha Jane Johnstone dated 7/31/2008 re: Counsel respectfully request that the Court grant me leave to withdraw as counsel. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 8/8/2008) (jfe) (Entered: 08/08/2008)
2008-08-12	90	MOTION to Stay Partially the Proceedings . Document filed by United States of America. Return Date set for 8/29/2008 at 09:00 AM.(Vargas, Jeannette) (Entered: 08/12/2008)
2008-08-12	91	MEMORANDUM OF LAW in Support re: 90 MOTION to Stay Partially the Proceedings .. Document filed by United States of America. (Vargas, Jeannette) (Entered: 08/12/2008)
2008-08-12	92	DECLARATION of John H. Durham in Support re: 90 MOTION to Stay Partially the Proceedings .. Document filed by United States of America. (Vargas, Jeannette) (Entered: 08/12/2008)
2008-08-12	93	DECLARATION of Emily Daughtry in Support re: 90 MOTION to Stay Partially the Proceedings .. Document filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Vargas, Jeannette) (Entered: 08/12/2008)
2008-08-15	94	ENDORSED LETTER addressed to Judge Loretta A. Preska from Brian M. Feldman dated 8/13/2008 re: Counsel respectfully request that the Court permit them to submit the proposed joint scheduling order by Friday, August 15, 2008. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 8/14/2008) (jfe) Modified on 9/17/2008 (jfe). (Entered: 08/15/2008)
2008-08-20	95	ENDORSED LETTER addressed to Judge Loretta A. Preska from Jeanette A. Vargas dated 8/15/2008; counsel writes for approval of the following schedules: Governments motion for a partial stay 8/12/2008; Plaintiffs opposition 8/20/2008; Government's reply 8/26/2008. CIA's opposition to the plaintiffs cross-motion for summary judgment and reply brief in support of the CIA's Motion for summary judgment will now be due on 9/4/2008 and plainffs reply brief will be due on 9/19/2008. CIA/OIPR's motion for summary judgment 10/31/2008; Plaintiffs opposition and cross-motion for summary judgment 12/8/2008; CIA/OIPR's opposition to cross-motion 1/16/2009; Plaintiffs reply 1/30/2009. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 8/20/2008) (jp) (Entered: 08/20/2008)
2008-08-21	96	MEMORANDUM OF LAW in Opposition re: 90 MOTION to Stay Partially the Proceedings .. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Gutierrez, Gitanjali) (Entered: 08/21/2008)
2008-08-26	97	REPLY MEMORANDUM OF LAW in Support re: 90 MOTION to Stay Partially the Proceedings .. Document filed by United States of America. (Daughtry, Emily) (Entered: 08/26/2008)
2008-08-27	98	CERTIFICATE OF SERVICE of Reply Memorandum of Law served on Center for Constitutional Rights, Washington Square Legal Services, Inc., and Amnesty Int'l USA on August 26, 2008. Document filed by United States of America. (Daughtry, Emily) (Entered: 08/27/2008)
2008-08-27	99	NOTICE OF APPEARANCE by David Seaton Brown on behalf of Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc. (Brown, David) (Entered: 08/27/2008)
2008-08-28	100	NOTICE of of Supplemental Authority on Consent. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (MacLean, Emilou) (Entered: 08/28/2008)
2008-09-03	101	ENDORSED LETTER addressed to Judge Loretta A. Preska from Brian M. Feldman dated 8/29/2008 re: AUSA writes requesting leave for CIA to file a 60-page memorandum of law. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 9/3/2008) (tve) (Entered: 09/03/2008)
2008-09-04	102	NOTICE OF APPEARANCE by Madeleine Ann Hensler on behalf of Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc. (Hensler, Madeleine) (Entered: 09/04/2008)
2008-09-04	103	REPLY MEMORANDUM OF LAW in Support re: 46 MOTION for Summary Judgment., 75 CROSS MOTION for Partial Summary Judgment Against Central Intelligence Agency .. Document filed by Central Intelligence Agency. (Feldman, Brian) (Entered: 09/04/2008)
2008-09-04	104	REPLY AFFIRMATION of RALPH S. DIMAIO in Support re: 46 MOTION for Summary Judgment., 75 CROSS MOTION for Partial Summary Judgment Against Central Intelligence Agency .. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A (Vaughn Entry for Doc. 300), # 2 Exhibit B (DNI Authorization))(Feldman, Brian) (Entered: 09/04/2008)
2008-09-04	105	REPLY AFFIRMATION of EMILY E. DAUGHTRY in Support re: 34 CROSS MOTION for Partial Summary Judgment., 75 CROSS MOTION for Partial Summary Judgment Against Central Intelligence Agency .. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A (Oral Opinion of Aug. 29, 2008))(Feldman, Brian) (Entered: 09/04/2008)
2008-09-05	106	TRANSCRIPT of proceedings held on 8/29/08 before Judge Loretta A. Preska. (ama) (Entered: 09/05/2008)
2008-09-12	107	ENDORSED LETTER addressed to Judge Loretta A. Preska from Madeleine A. Hensler dated 9/11/08 re: Plaintiff requests leave from the Court to file a 60 page memorandum of law in further support of plaintiffs' Cross-Motion for Partial Summary Judgment and for a two week extension of time within which to file this memorandum, until October 3, 2008. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 9/11/08) (js) (Entered: 09/12/2008)
2008-09-22	108	TRANSCRIPT of proceedings held on August 29,2008 9:15 a.m. before Judge Loretta A. Preska. (mro) (Entered: 09/22/2008)
2008-09-24	109	ORDER denying 85 Motion for Preliminary Injunction; granting 90 Motion to Stay. For the reasons stated on the record on August 29, 2008, the Government's motion [dkt. no. 90] for a four-month stay with respect to categories 11 and 13 of the CIA's supplemental request is GRANTED. In addition, in light of the schedule agreed to among the parties and memorialized in counsels' August 15, 2008 letter, endorsed by the Court on August 20, 2008, Plaintiffs' motion [dkt. no. 85] for a preliminary injunction is DENIED as moot. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/24/2008) (tve) (Entered: 09/24/2008)
2008-10-02	110	ORDER: Following review of Ms. Hensler's letter of 9/24/08, and Messrs. Armand and Feldman's letter of 9/29/08, and construing them as Plaintiffs' motion for the relief requested therein and Defendants' opposition, Plaintiffs' motion is denied. As set out in the CIA's papers on its motion for summary judgment, it takes the position that the publicly filed materials provide sufficient basis for decision and provides the classified Hilton Declaration ex parte and in camera as additional information, should the Court determine it was necessary to refer to it. Plaintiffs shall file their reply brief promptly. Counsel shall confer and inform the Court by letter when to expect the reply brief. (Signed by Judge Loretta A. Preska on 10/1/08) (tro) (Entered: 10/02/2008)
2008-10-06	111	ENDORSED LETTER addressed to Judge Loretta A. Preska from Madeleine A. Hensler dated 10/2/2008 re: Counsel writes requesting that with the Court's consent, Plaintiff will file their reply on 10/7/2008. ENDORSEMENT: SO ORDERED. ( Replies due by 10/7/2008.) (Signed by Judge Loretta A. Preska on 10/6/2008) (tve) (Entered: 10/06/2008)
2008-10-07	112	DECLARATION of Gitanjali S. Gutierrez in Support re: 34 CROSS MOTION for Partial Summary Judgment.. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Gutierrez, Gitanjali) (Entered: 10/07/2008)
2008-10-07	113	REPLY MEMORANDUM OF LAW in Support re: 34 CROSS MOTION for Partial Summary Judgment.. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Gutierrez, Gitanjali) (Entered: 10/07/2008)
2008-10-30	114	ENDORSED LETTER addressed to Judge Loretta A. Preska from Emily E. Daughtry dated 10/24/08 re: Request for the following revised briefing schedule - CIA/OIPR's Motion for Summary Judgment November 14,2008; Plaintiffs' Opposition and Cross-Motion for Summary Judgment December 22,2008; CIA/OIPR's Opposition to Cross-Motion January 30,2009; and Plaintiffs' Reply February 13, 2009. ENDORSEMENT: SO ORDERED. (Cross Motions due by 12/22/2008. Motions due by 11/14/2008. Replies due by 1/30/2009. Responses due by 12/22/2008) (Signed by Judge Loretta A. Preska on 10/30/08) (db) (Entered: 10/30/2008)
2008-11-13	115	ENDORSED LETTER addressed to Judge Loretta A. Preska from Pierre G. Armand, Brian M. Feldman and Emily E. Daughtry dated 11/12/08 re: Counsel requests that the Court grant the parties leave to file 45-page memoranda in support of these motions. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 11/13/08) (mme) (Entered: 11/13/2008)
2008-11-14	116	MOTION for Summary Judgment. Document filed by Department of Justice, Central Intelligence Agency.(Daughtry, Emily) (Entered: 11/14/2008)
2008-11-14	117	FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 116 MOTION for Summary Judgment.. Document filed by Department of Justice, Central Intelligence Agency. (Daughtry, Emily) Modified on 11/17/2008 (jar). (Entered: 11/14/2008)
2008-11-14		***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Emily Daughtry to RE-FILE Document 117 Memorandum of Law in Support of Motion. ERROR(S): Attorney signature missing from document. (jar) (Entered: 11/17/2008)
2008-11-15	118	DECLARATION of Wendy Hilton in Support re: 116 MOTION for Summary Judgment.. Document filed by Department of Justice, Central Intelligence Agency. (Attachments: # 1 Exhibit A (Supplementary CIA FOIA Request))(Daughtry, Emily) (Entered: 11/15/2008)
2008-11-15	119	DECLARATION of Mark Bradley in Support re: 116 MOTION for Summary Judgment.. Document filed by Department of Justice, Central Intelligence Agency. (Attachments: # 1 Exhibit A (CCR Request), # 2 Exhibit B (First Amnesty), # 3 Exhibit C (Second Amnesty Request))(Daughtry, Emily) (Entered: 11/15/2008)
2008-11-17	120	MEMORANDUM OF LAW in Support re: 116 MOTION for Summary Judgment.. Document filed by Department of Justice, Central Intelligence Agency. (Daughtry, Emily) (Entered: 11/17/2008)
2008-11-20	121	NOTICE OF APPEARANCE by Amna Amber Akbar on behalf of Amnesty International USA, Washington Square Legal Services, Inc. (Akbar, Amna) (Entered: 11/20/2008)
2008-12-19	122	ENDORSED LETTER addressed to Judge Loretta A. Preska from Gitanjali S. Gutierrez dated 12/18/2008 re: Requesting leave to file a 60 page memorandum in opposition to the Government's summary judgment motion and in support of their cross-motion for judgment. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 12/18/2008) (jpo) (Entered: 12/19/2008)
2008-12-22	123	MEMORANDUM OF LAW in Opposition re: 116 MOTION for Summary Judgment.. Document filed by Amnesty International USA. (Brown, David) (Entered: 12/22/2008)
2008-12-22	124	MOTION for Summary Judgment. Document filed by Amnesty International USA.(Brown, David) (Entered: 12/22/2008)
2008-12-22	125	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Gitanjali S. Gutierrez in Opposition re: 124 MOTION for Summary Judgment.. Document filed by Amnesty International USA. (Attachments: # 1 Exhibit a, # 2 Errata 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)(Brown, David) Modified on 12/23/2008 (jar). (Entered: 12/22/2008)
2008-12-22	126	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Gitanjali S. Gutierrez in Opposition re: 124 MOTION for Summary Judgment.. Document filed by Amnesty International USA. (Attachments: # 1 Exhibit n, # 2 Exhibit o, # 3 Exhibit p, # 4 Exhibit q, # 5 Exhibit r, # 6 Exhibit s, # 7 Exhibit t, # 8 Exhibit u, # 9 Exhibit v, # 10 Exhibit w, # 11 Exhibit x, # 12 Exhibit y, # 13 Exhibit z)(Brown, David) Modified on 12/23/2008 (jar). (Entered: 12/22/2008)
2008-12-22	127	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Gitanjali S. Gutierrez in Opposition re: 124 MOTION for Summary Judgment.. Document filed by Amnesty International USA. (Attachments: # 1 Exhibit aa, # 2 Exhibit bb)(Brown, David) Modified on 12/23/2008 (jar). (Entered: 12/23/2008)
2008-12-23	128	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Gitanjali S. Gutierrez in Opposition re: 116 MOTION for Summary Judgment.. Document filed by Amnesty International USA. (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 L, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Brown, David) Modified on 12/23/2008 (jar). (Entered: 12/23/2008)
2008-12-23	129	FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Gitanjali S. Gutierrez in Opposition re: 116 MOTION for Summary Judgment.. Document filed by Amnesty International USA. (Attachments: # 1 Exhibit O, # 2 Exhibit P, # 3 Exhibit Q, # 4 Exhibit R, # 5 Exhibit S, # 6 Exhibit T, # 7 Exhibit U, # 8 Exhibit V, # 9 Exhibit W, # 10 Exhibit X, # 11 Exhibit Y, # 12 Exhibit Z, # 13 Exhibit AA, # 14 Exhibit BB)(Brown, David) Modified on 12/23/2008 (jar). (Entered: 12/23/2008)
2008-12-23		***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David Brown to RE-FILE Document 128 Declaration in Opposition to Motion. ERROR(S): All exhibits must be filed with the document they support. Multiple entries of a document to accommodate exhibits are not accepted. See Section 5 and Section 15.4 of Electronic Case Filing Rules & Instructions. (jar) Modified on 12/23/2008 (jar). (Entered: 12/23/2008)
2008-12-23		***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David Brown to RE-FILE Document 129 Declaration in Opposition to Motion. ERROR(S): All exhibits must be filed with the document they support. Multiple entries of a document to accommodate exhibits are not accepted. See Section 5 and Section 15.4 of Electronic Case Filing Rules & Instructions. (jar) (Entered: 12/23/2008)
2008-12-23	130	ORDER Having considered the Governments letter of December 16, 2008 and Plaintiffs' letter dated December 23, 2008 (both attached) (deemed the Governments motion and the Plaintiffs' opposition, respectively), the Governments request for a two-month extension of the stay of the CIA's obligations to search, process, and produce responsive releaseable information pursuant to Categories 11 and 13 of Plaintiffs' Supplementary CIA For A Request, dated December 28, 2007, which this Court stayed on the record on August 29, 2008, and then by written order on September 24, 2008,is granted. (Signed by Judge Loretta A. Preska on 12/23/08) (mme) (Entered: 12/24/2008)
2008-12-29	131	DECLARATION of Gitanjali S. Gutierrez in Opposition re: 116 MOTION for Summary Judgment.. Document filed by Amnesty International USA. (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 Errata 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 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB)(Brown, David) (Entered: 12/29/2008)
2009-01-27	132	ENDORSED LETTER addressed to Judge Loretta A. Preska from Pierre Armand dated 1/23/99 re: counsel for the Government requests a two week extension of time until 2/13/09 to file a combined reply in further support of their motion for summary judgment and opposition to plaintiffs' cross motion for summary judgment and permission to file a 60 page opposition/reply brief and a 45 page reply. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 1/26/09) (dle) (Entered: 01/27/2009)
2009-01-27		Set/Reset Deadlines as to 124 MOTION for Summary Judgment.. Responses due by 2/13/2009 (dle) (Entered: 01/27/2009)
2009-01-27	133	ENDORSED LETTER addressed to Judge Loretta A. Preska from Brian Feldman dated 1/20/09 re: counsel for the Government requests that the Court notify the parties if any further briefing on this issue could be of assistance to the Court and that this letter be docketed and retained as part of the record in this case. ENDORSEMENT: The Clerk of the Court shall docket this letter. So ordered. (Signed by Judge Loretta A. Preska on 1/27/09) (dle) (Entered: 01/27/2009)
2009-02-10	134	ENDORSED LETTER addressed to Judge Loretta A. Preska from Pierre G. Armand dated 2/6/09 re: Counsel requests a 90-day extension of time, from February 13, 2009 until May 14, 2009, to file a combined reply in further support of their motions for summary judgment and opposition to plaintiff's cross-motion for summary judgment. ENDORSEMENT: Time is extended to February 16, to permit Plaintiffs to consider Defendants' request. This extension is without prejudice to additional extensions if the parties are unable to agree. (Signed by Judge Loretta A. Preska on 2/9/09) (mme) (Entered: 02/10/2009)
2009-02-18	135	ENDORSED LETTER addressed to Judge Loretta A. Preska from Gitanjali S. Gutierrez dated 2/11/2009 re: Counsel writes in response to the Central Intelligence Agency ("CIA") and the Department of Justice Office of Intelligence Policy and Review ("OIPR") request a 90 day extension of time from February 13, 2009 until May 14, 2009 to file a combined reply in further support of their motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment. ENDORSEMENT: In light of the request dated February 6, 2009, of the CIA and OIPR for a 90 day extension of time in which to file a reply in support of their motion for summary judgment and opposition to plaintiff's cross-motion and Plaintiff's, consent to a 60 day extension the time to file is extended 60 days without prejudice to additional requests. So Ordered. (Signed by Judge Loretta A. Preska on 2/14/2009) (jfe) (Entered: 02/18/2009)
2009-04-14	136	ENDORSED LETTER addressed to Judge Loretta A. Preska from Jeanette A. Vargas, Brian M. Feldman and Emily E. Daughtry dated 4/9/2009 re: The Government respectfully requests a 60-day extension of time, from 4/14/2009, until 6/15/2009, to file a reply in further support of the Central Intelligence Agency and the Department of Justice's motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment. ENDORSEMENT: Recognizing Plaintiff's opposition, the request is granted. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/14/2009) (tve) (Entered: 04/14/2009)
2009-04-14		Set/Reset Deadlines: Replies due by 6/15/2009. (tve) (Entered: 06/02/2009)
2009-05-22	137	ENDORSED LETTER addressed to Judge Loretta A. Preska from Brian M. Feldman dated 5/19/09 re: Request to inform the court by joint letter no later than 6/5/09 on the status regarding the 2 summary judgment motions and if an agreement has been reached. ENDORSEMENT: SO ORDERED. (Status Report due by 6/5/2009.) (Signed by Judge Loretta A. Preska on 5/21/09) (db) (Entered: 05/22/2009)
2009-06-04	138	ENDORSED LETTER addressed to Judge Loretta A. Preska from Emily Daughtry dated 5/29/09 re: Update on the Freedom of Information Act requests. ENDORSEMENT: Counsel shall report by letter no later than 6/30/09. (Signed by Judge Loretta A. Preska on 6/3/09) (cd) (Entered: 06/04/2009)
2009-06-04		Set Deadlines/Hearings: Status Report due by 6/30/2009. (cd) (Entered: 06/04/2009)
2009-06-09	139	ENDORSED LETTER: Addressed to Judge Loretta A. Preska from Jeannette A Vargas, Brian M. Feldman, and Emily E. Daughtry dated June 5, 2009, re: we respectfully write, jointly, on behalf of the Plaintiffs and the Government, to inform the Court that the parties are withdrawing their respective motion for summary judgment, consisting of the Government's motions of April 21, 2008, and November 14, 2008 and Plaintiffs' cross-motions of June 26, 2008, and December 22, 2008. The parties agree on the withdrawal of theses motions at this time. [dkt. nos. 46, 116, 76, 124] ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 6/9/2009) (rw) (Entered: 06/10/2009)
2009-09-17	140	ENDORSED LETTER: addressed to Judge Loretta A. Preska from Preet Bharara dated 9/16/09 re: The Government and Plaintiffs jointly write the Court to request that the Court grant the parties leave to file 60 page memoranda in support of these motions. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 9/16/09) (js) (Entered: 09/17/2009)
2009-09-22	141	MOTION for Summary Judgment. Document filed by Central Intelligence Agency. Responses due by 10/30/2009(Feldman, Brian) (Entered: 09/22/2009)
2009-09-22	142	DECLARATION of JOHN F. HACKETT in Support re: 141 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Feldman, Brian) (Entered: 09/22/2009)
2009-09-22	143	DECLARATION of MARK H. HERRINGTON in Support re: 141 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Feldman, Brian) (Entered: 09/22/2009)
2009-09-22	144	DECLARATION of Jeannette A. Vargas in Support re: 141 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A)(Vargas, Jeannette) (Entered: 09/22/2009)
2009-09-22	145	DECLARATION of KAREN L. HECKER in Support re: 141 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A (Document 250))(Feldman, Brian) (Entered: 09/22/2009)
2009-09-22	146	DECLARATION of PHILLIP J. MCGUIRE in Support re: 141 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Feldman, Brian) (Entered: 09/22/2009)
2009-09-22	147	DECLARATION of JAMES P. HOGAN in Support re: 141 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A (First Donley Declaration), # 2 Exhibit B (Second Donley Declaration), # 3 Exhibit C (Feb. 2005 Memo), # 4 Exhibit D (Feb. 2009 Letter))(Feldman, Brian) (Entered: 09/22/2009)
2009-09-22	148	DECLARATION of MARGARET P. GRAFELD in Support re: 141 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Feldman, Brian) (Entered: 09/22/2009)
2009-09-22	149	DECLARATION of DAVID J. BARRON in Support re: 141 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Feldman, Brian) (Entered: 09/22/2009)
2009-09-22	150	DECLARATION of DIONE JACKSON STEARNS in Support re: 141 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A (Document 127), # 2 Exhibit B (Document 269), # 3 Exhibit C (Document 274))(Feldman, Brian) (Entered: 09/22/2009)
2009-09-22	152	DECLARATION of WENDY M. HILTON in Support re: 141 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Attachments: # 1 Part II of the Declaration, # 2 Exhibit A (Vaughn 1-25), # 3 Exhibit A (Vaughn 26-50), # 4 Exhibit A (Vaughn 51-75), # 5 Exhibit A (Vaughn 76-100), # 6 Exhibit A (Vaughh 101-125), # 7 Exhibit A (Vaughn Docs 126-150), # 8 Exhibit A (Vaughn Docs 151-175), # 9 Exhibit A (Vaughn Docs 176 - 200), # 10 Exhibit A (Vaughn Docs 201-225), # 11 Exhibit A (Vaughn Docs 226-250), # 12 Exhibit A (Vaughn Docs 251-275), # 13 Exhibit A (Vaughn Docs 276-300), # 14 Exhibit A (Vaughn Docs 301-325), # 15 Exhibit A (Vaughn Docs 326-350), # 16 Exhibit A (Vaughn Docs 351-360), # 17 Exhibit B (CCR FOIA Request), # 18 Exhibit C (CIA Feb. '05 Response), # 19 Exhibit D (CCR Oct. 2003 Request), # 20 Exhibit E (CCR May 2004 Request), # 21 Exhibit F (Amnesty Ghost Detainee Request), # 22 Exhibit G (Amnesty Reporting Request), # 23 Exhibit H (Specific FOIA Request), # 24 Errata I (First CIA Stipulation), # 25 Exhibit J (April 2009 OLC Memos, Part 1), # 26 Exhibit J (April 2009 Releases, Part 2), # 27 Exhibit J (April 2009 Releases, Part 3), # 28 Exhibit J (April 2009 Releases, Part 4), # 29 Exhibit J (April 2009 Releases, Part 5), # 30 Exhibit J (April 2009 Releases, Part 6), # 31 Exhibit K (Second CIA Stipulation), # 32 Errata L (Vaughn Release in Parts, Part 1), # 33 Exhibit L (Vaughn Release in Parts, Part 2), # 34 Exhibit L (Vaughn Release in Parts, Part 3), # 35 Exhibit L (Vaughn Release in Parts, Part 4a), # 36 Exhibit L (Vaughn Release in Parts, Part 4b), # 37 Exhibit L (Vaughn Release in Parts, Part 5), # 38 Exhibit L (Vaughn Release in Parts, Part 6a), # 39 Exhibit L (Vaughn Release in Parts, Part 6b), # 40 Exhibit M (Declaration of Leon E. Panetta, Director, CIA), # 41 Exhibit N (Memorandum to Director, Central Intelligence Agency, from Dennis Blair, Director of National Intelligence, dated September 18, 2009))(Feldman, Brian) (Entered: 09/23/2009)
2009-09-23	151	FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 141 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Daughtry, Emily) Modified on 9/24/2009 (jar). (Entered: 09/23/2009)
2009-09-23	153	MEMORANDUM OF LAW in Support re: 141 MOTION for Summary Judgment. CORRECTED MEMORANDUM (correcting Table of Contents and Table of Authorities only) . Document filed by Central Intelligence Agency. (Feldman, Brian) (Entered: 09/23/2009)
2009-09-25	154	SECOND STIPULATION AND ORDER BETWEEN THE PARTIES REGARDING THE PROCEDURES GOVERNING THE CIA'S MOTION FOR SUMMARY JUDGMENT: (1) On September 18,2009, the CIA shall inform the plaintiffs, for each category of the Categories 5-10 and 15-17 of the Specific Documents Request, whether or not the CIA intends to assert a Glomar response to that category.........(9) The CIA will file the Third CIA Summary Judgment Motion by September 22, 2009, if the Additional Sample Set contains no more than 18 records. If the CIA files its Third Summary Judgment Motion of September 22, 2009, Plaintiffs will file their Opposition and Cross-Motion for Summary Judgment on November 3,2009; the CIA will file its Opposition and Reply on December 18, 2009; and Plaintiffs will file their Reply on January 29, 2010. If, however, following the good-faith negotiations set forth in paragraph 5 above, the Additional Sample Set contains more than 18 records, the CIA will file the Third CIA Summary Judgment Motion on a date after September 22, 2009, on a motion schedule as agreed to by the parties; provided that Plaintiffs recognize that each increase in the number of records included in the Additional Sample Set requires additional time for the CIA to file the Third CIA Summary Judgment Motion.........(13) The parties understand and agree that this Stipulation and Order and the First CIA Stipulation, contain the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included within these two stipulations shall be ofany force or effect. (Cross Motions due by 11/3/2009. Motions due by 9/22/2009. Replies due by 12/18/2009. Responses due by 11/3/2009) (Signed by Judge Loretta A. Preska on 9/25/09) (db) (Entered: 09/25/2009)
2009-10-05	155	NOTICE OF WITHDRAWAL OF APPEARANCE: Pursuant to Local Rule 1.4, the undersigned counsel, Emilou Harris MacLean, who is no longer employed by the Center for Constitutional Rights, respectfully requests to withdraw her appearance as one of the counsel for the Center for Constitutional Rights, Inc., Plaintiffs, in the above-captioned matter. Gitanjali S. Gutierrez of the Center for Constitutional Rights, who has already entered an appearance, will continue to represent the Center for Constitutional Rights in the above-captioned matter. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/5/2009) (rw) (Entered: 10/05/2009)
2009-11-02	156	ENDORSED LETTER addressed to Judge Loretta A. Preska from David Brown dated 10/30/09 re: Request that the Court approve the following revised briefing schedule re summary judgment motions. ENDORSEMENT: So ordered. ( Plaintiff's Cross Motion due by 11/17/2009. CIA's Motion due by 9/22/2009. Reply due by 1/19/2010. Response due by 11/17/2009 and Plaintiffs' Reply 2/16/10) (Signed by Judge Loretta A. Preska on 11/2/09) (cd) (Entered: 11/03/2009)
2009-11-16	157	ENDORSED LETTER addressed to Judge Loretta A. Preska from Amna Akbar dated 11/10/2009 re: The parties respectfully request that the Court approve the following revised schedule: CIA's motion for summary judgment: 9/22/2009. Plaintiffs' opposition and Cross-Motion for summary judgment: 11/20/2009. CIA's Opposition and reply: 1/22/2010. Plaintiffs' reply 2/19/2010. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 11/16/2009) (jfe) (Entered: 11/17/2009)
2009-11-16		Set/Reset Deadlines: Cross Motions due by 11/20/2009. (jfe) (Entered: 11/17/2009)
2009-11-20	158	MOTION for Partial Summary Judgment / Notice of Cross-Motion . Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc..(Brown, David) (Entered: 11/20/2009)
2009-11-20	159	DECLARATION of David S. Brown in Support re: 158 MOTION for Partial Summary Judgment / Notice of Cross-Motion .. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (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)(Brown, David) (Entered: 11/20/2009)
2009-11-20	160	DECLARATION of Margaret L. Satterthwaite in Support re: 158 MOTION for Partial Summary Judgment / Notice of Cross-Motion .. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Attachments: # 1 Notice Regarding Exhibits)(Brown, David) (Entered: 11/20/2009)
2009-11-20	161	MEMORANDUM OF LAW in Support re: 158 MOTION for Partial Summary Judgment / Notice of Cross-Motion . and in Opposition to Motion for Summary Judgment by the Central Intelligence Agency . Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Brown, David) (Entered: 11/20/2009)
2009-11-20	162	CERTIFICATE OF SERVICE. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Brown, David) (Entered: 11/20/2009)
2009-12-07	163	ENDORSED LETTER addressed to Judge Loretta A. Preska from David S. Brown dated 11/23/09 re: counsel for plaintiffs request leave to file the Declaration of Margaret Satterthwaite and its exhibits in hard copy in lieu of electronic filing. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 12/7/09) (dle) Modified on 12/8/2009 (dle). (Entered: 12/08/2009)
2010-01-07	164	ENDORSED LETTER: addressed to Judge Loretta A. Preska from Preet Bharara dated 1/5/2010 re: The Government requests that the briefing schedule for the summary judgment motion be modified be modified, such that the CIA's opposition and reply papers are due on February 16, 2010, and plaintiffs' reply papers are due on March 16, 2010. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 1/6/2010) (js) (Entered: 01/07/2010)
2010-02-17	165	ENDORSED LETTER addressed to Judge Loretta A. Preska from JEANNETTE A. VARGAS, BRIAN M. FELDMAN and EMILY E. DAUGHTRY dated 2/12/2010 re: CIA's Opposition and Reply papers be due on February 19, 2010 and, with Plaintiffs' reply on March 19, 2010. Court grant the CIA leave to file a 50-page Opposition and Reply. ENDORSEMENT: SO ORDERED. ( Replies due by 3/19/2010, Responses due by 2/19/2010) (Signed by Judge Loretta A. Preska on 2/17/2010) (jmi) (Entered: 02/17/2010)
2010-02-19	166	ENDORSED LETTER addressed to Judge Loretta A. Preska from Jeanette A. Vargas, Brian M. Feldman and Emily E. Daughtry dated 2/19/2010 re: The Government requests a 2-week extension of time, from 2/19/2010, to 3/5/2010, to file the CIA's opposition to Plaintiffs' cross-motion for summary judgment and its reply brief in support of the CIA's motion for summary judgment. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 2/19/2010) (tve) (Entered: 02/19/2010)
2010-03-05	167	REPLY AFFIRMATION of WILLIAM K. LIETZAU in Support re: 141 MOTION for Summary Judgment.. Document filed by Department of Defense, Central Intelligence Agency. (Feldman, Brian) (Entered: 03/05/2010)
2010-03-05	168	DECLARATION of JEANNETTE A. VARGAS in Support re: 141 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A (ACLU-SDNY Opinion, dated Oct. 13, 2009), # 2 Exhibit B (Redacted Trans. of ACLU-SDNY In Camera Proceedings), # 3 Exhibit C (ACLU-SDNY Trans. of Argument, Sept. 30, 2009))(Feldman, Brian) (Entered: 03/05/2010)
2010-03-05	169	DECLARATION of WENDY M. HILTON in Support re: 141 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A (Part 1), # 2 Exhibit A (Part 2), # 3 Exhibit A (Part 3), # 4 Exhibit B, # 5 Exhibit C (Supplemental Vaughn, 15-103), # 6 Exhibit C (Supplemental Vaughn, 104-362), # 7 Exhibit C (Supplemental Vaughn, 363-382))(Feldman, Brian) (Entered: 03/05/2010)
2010-03-05	170	REPLY MEMORANDUM OF LAW in Support re: 141 MOTION for Summary Judgment., 158 MOTION for Partial Summary Judgment / Notice of Cross-Motion . AND IN OPPOSITION TO PLAINTIFFS' CROSS-MOTION . Document filed by Central Intelligence Agency. (Feldman, Brian) (Entered: 03/05/2010)
2010-03-11	171	ENDORSED LETTER addressed to Judge Loretta A. Preska from Jeannette Vargas dated 3/5/10 re: Courtesy copies of the listed documents filed and served on Plaintiffs on 3/5/10 and that the Court docket this letter. ENDORSEMENT: The Clerk of the Court shall docket this letter. So ordered. (Signed by Judge Loretta A. Preska on 3/9/10) (cd) (Entered: 03/11/2010)
2010-03-22	172	ENDORSED LETTER addressed to Judge Loretta A. Preska from David Brown dated 3/15/10 re: Request to extend time to 5/7/10 for reply and to extend the page limit to 50 pages. ENDORSEMENT: So Ordered. Set Deadlines/Hearing as to 158 MOTION for Partial Summary Judgment / Notice of Cross-Motion . :( Reply due by 5/7/2010.) (Signed by Judge Loretta A. Preska on 3/22/10) (cd) (Entered: 03/22/2010)
2010-04-19	173	STIPULATION AND ORDER BETWEEN THE PARTIES REGARDING SEARCHES FOR RESPONSIVE DOCUMENTS AND PROTOCOLS FOR THE PROCESSING OF DRAFT DOCUMENTS: It is hereby stipulated and agreed by and between the parties as follows: DOJ agrees to conduct searches for records responsive to the Detainee FOIA Requests in the following offices and components: the Office of Legal Counsel ("OLC"), the Office of Professional Responsibility ("OPR") the Office of the Deputy Attorney General ("ODAG"), the Civil Division's Federal Programs Branch, the civil Division shall not include records maintained in connection with a habeas corpus petition, an action under the Detainee Treatment Act, or any equivalent administrative or judicial proceedings in which a current or former detainee who was held at Guantanamo Bay Naval Station is challenging the fact of his/her detention. All other provisions as set forth in this order. So Ordered (Signed by Judge Loretta A. Preska on 4/19/2010) (js) (Entered: 04/20/2010)
2010-05-07	174	REPLY MEMORANDUM OF LAW in Support re: 158 MOTION for Partial Summary Judgment / Notice of Cross-Motion . and in Opposition to Motion for Summary Judgment by the Central Intelligence Agency . Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Brown, David) (Entered: 05/07/2010)
2010-05-07	175	DECLARATION of David S. Brown in Support re: 158 MOTION for Partial Summary Judgment / Notice of Cross-Motion .. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Brown, David) (Entered: 05/07/2010)
2010-08-02	176	OPINION AND ORDER #99257 re: 141 MOTION for Summary Judgment. filed by Central Intelligence Agency, 158 MOTION for Partial Summary Judgment Notice of Cross-Motion. filed by Washington Square Legal Services, Inc., Center for Constitutional Rights, Inc., Amnesty International USA. For the reasons set forth above, Defendant's Motion for Summary Judgment [dkt. no. 141] is GRANTED in part and DENIED in part, and Plaintiffs' Cross-Motion for Partial Summary Judgment [dkt. no. 158] is GRANTED in part and DENIED in part as set forth herein. (Signed by Judge Loretta A. Preska on 8/2/10); (Attachments: #(1))(djc) Modified on 8/4/2010 (ajc). (Entered: 08/03/2010)
2010-08-19	177	ENDORSED LETTER addressed to Judge Loretta A. Preska from Jeannette A. Vargas dated 8/13/2010 re: To the extent that the parties are unable to agree, the parties jointly propose the following schedule. The CIA will respond to the Court's order by submitting a letter brief and appropriate declaration(s) no later than September 3, 2010. Plaintiffs' opposition papers will be due no later than September 24, 2010. The CIA's reply, if any, will be due no later than October 1, 2010. ENDORSEMENT: SO ORDERED. ( Responses due by 9/24/2010, Replies due by 10/1/2010.) (Signed by Judge Loretta A. Preska on 8/18/2010) (jmi) (Entered: 08/19/2010)
2010-09-03	178	DECLARATION Joint Stipulation of Facts Regarding the CIA's Glomar Response . Document filed by Central Intelligence Agency. (Vargas, Jeannette) (Entered: 09/03/2010)
2010-09-03	179	DECLARATION of Dione Jackson Stearns in Support re: 141 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Vargas, Jeannette) (Entered: 09/03/2010)
2010-12-16	180	ENDORSED LETTER addressed to Judge Loretta A. Preska from Jeannette A. Vargas and Brian M. Feldman dated 9/3/10 re: The parties respectfully request (1) that the Court rule on the CIA's Glomar response for categories 7 and 8 based on the Joint Stipulation and the parties' submissions in this letter and (2) that this letter and the enclosed Joint Stipulation be docketed and maintained as part of the record in this case. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 12/16/10) (db) (Entered: 12/16/2010)
2010-12-16	181	Joint Stipulation of Facts Regarding The CIA's Glomar Response. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Central Intelligence Agency, Department of Defense, Department of Homeland Security, Department of Justice, Department of State, United States of America, Washington Square Legal Services, Inc. (cd) (Entered: 12/20/2010)
2010-12-21	182	MEMORANDUM AND ORDER: For the reasons stated, the Court concludes that the CIA's Glomar responses were appropriate for FOIA request categories seven and eight. Furthermore, the Court concludes that the withholding of Document 300 in full is justified under FOIA exemption 5. There being no other outstanding issues, the case is now closed and all pending motions are denied as moot. (Signed by Judge Loretta A. Preska on 12/21/2010) (jfe) (Entered: 12/21/2010)
2011-01-04	183	ENDORSED LETTER addressed to Judge Loretta A. Preska from David S. Brown dated 12/23/10 re: Request that the Court reopen the case to permit tha parties to continue with litigation as to the defendants and that the Court clarify its Order accordingly. ENDORSEMENT: SO ORDERED. Case reopened. (Signed by Judge Loretta A. Preska on 1/4/11) (db) (Entered: 01/04/2011)
2011-09-13	184	NOTICE OF APPEARANCE by Baher Azmy on behalf of Center for Constitutional Rights, Inc. (Azmy, Baher) (Entered: 09/13/2011)
2011-09-13	185	MOTION for Gitanjali S. Gutierrez to Withdraw as Attorney. Document filed by Center for Constitutional Rights, Inc..(Azmy, Baher) (Entered: 09/13/2011)
2011-11-30	186	MEMO ENDORSEMENT on 185 Motion to Withdraw as Attorney. SO ORDERED. Attorney Gitanjali S. Gutierrez terminated. (Signed by Judge Loretta A. Preska on 11/30/2011) (ft) (Entered: 11/30/2011)
2012-01-25	187	MOTION for Amna Amber Akbar to Withdraw as Attorney. Document filed by Amnesty International USA, Washington Square Legal Services, Inc..(Brown, David) (Entered: 01/25/2012)
2012-01-30	188	MEMO ENDORSEMENT re: granting 187 Motion to Withdraw as Attorney. Attorney Amna Amber Akbar terminated: ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 1/27/2012) (pl) (Entered: 01/30/2012)
2012-08-29	189	STIPULATION AND ORDER BETWEEN THE PARTIES REGARDING THE REPROCESSING OF RECORDS BY THE CIA. The CIA shall not be required to reprocess any Withheld Records in the OGC Records (Cables), Other Records (Cables), OIG Records (Cables), OIG Records (Reports/Memoranda), and OIG Records (Miscellaneous) subcategories, as well as those records that fall within the OIG Records (Email) subcategory that were previously determined during the CIA's initial processing of the Withheld Records to be classified (collectively, the "Excluded Categories"), except as specifically provided in paragraph 3 below. Additional relief as set forth in this Order. (Signed by Judge Loretta A. Preska on 8/27/2012) (pl) (Entered: 08/29/2012)
2013-10-01	190	STANDING ORDER M10-468: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding. (Signed by Judge Loretta A. Preska on 10/1/2013) ***Original Standing Order docketed in case no. 1:13-mc-00334-LAP, document no. 2 on 10/1/2013.***(tro) (Entered: 10/01/2013)
2014-03-27	191	MOTION for Madeleine A. Hensler to Withdraw as Attorney. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Hensler, Madeleine) (Entered: 03/27/2014)
2014-03-27	192	AFFIDAVIT of Madeleine A. Hensler in Support re: 191 MOTION for Madeleine A. Hensler to Withdraw as Attorney.. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Hensler, Madeleine) (Entered: 03/27/2014)
2014-04-01	193	ORDER OF WITHDRAWAL OF MADELEINE A. HENSLER, ESQ. granting 191 Motion to Withdraw as Attorney. Attorney Madeleine Ann Hensler terminated. SO ORDERED.(Signed by Judge Loretta A. Preska on 3/31/2014) (ama) (Entered: 04/01/2014)
2014-04-28	194	NOTICE OF APPEARANCE by Jayson Leonard Cohen on behalf of Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Cohen, Jayson) (Entered: 04/28/2014)
2014-05-02	195	MOTION for David S. Brown to Withdraw as Attorney . Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Attachments: # 1 Text of Proposed Order)(Brown, David) (Entered: 05/02/2014)
2014-05-02	196	AFFIDAVIT of David S. Brown in Support re: 195 MOTION for David S. Brown to Withdraw as Attorney .. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Brown, David) (Entered: 05/02/2014)
2014-05-06	197	ORDER re: 195 MOTION for David S. Brown to Withdraw as Attorney . filed by Washington Square Legal Services, Inc., Center for Constitutional Rights, Inc., Amnesty International USA, Attorney David Seaton Brown terminated. Motions terminated: 195 MOTION for David S. Brown to Withdraw as Attorney filed by Washington Square Legal Services, Inc., Center for Constitutional Rights, Inc., Amnesty International USA. Upon consideration of the request to withdraw by David S. Brown, Esq., this Court orders that David S. Brown, Esq. be withdrawn from this case, and further orders that Mr. Brown be removed from the Court's electronic service list. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/6/2014) (ajs) (Entered: 05/06/2014)
2015-04-21	198	NOTICE OF APPEARANCE by Cameron Andrew Tepfer on behalf of Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc.. (Tepfer, Cameron) (Entered: 04/21/2015)
2018-08-22	199	ORDER: Counsel shall confer and inform Judge Preska by letter no later than August 31, 2018 of the status of the action/remaining claims/defendants. (Signed by Judge Loretta A. Preska on 8/22/2018) (kgo) (Entered: 08/22/2018)
2018-08-28	200	CONSENT LETTER MOTION for Extension of Time to File Status Report addressed to Judge Loretta A. Preska from Jayson L. Cohen dated August 28, 2018. Document filed by Amnesty International USA, Center for Constitutional Rights, Inc., Washington Square Legal Services, Inc..(Cohen, Jayson) (Entered: 08/28/2018)
2018-08-30	201	ORDER granting 200 Letter Motion for Extension of Time: SO ORDERED. (Signed by Judge Loretta A. Preska on 8/30/2018) (jwh) (Entered: 08/30/2018)
2018-09-28	202	JOINT LETTER addressed to Judge Loretta A. Preska from Jeannette A. Vargas dated 9/28/2018 re: Status Report. Document filed by Central Intelligence Agency, Department of Defense, Department of Homeland Security, Department of Justice, Department of State, United States of America.(Vargas, Jeannette) (Entered: 09/28/2018)
2018-11-21	203	STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Central Intelligence Agency, Department of Defense, Department of Homeland Security, Department of Justice, Department of State and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Washington Square Legal Services, Inc., Amnesty International USA, Center for Constitutional Rights, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). .(Cohen, Jayson) (Entered: 11/21/2018)
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