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Case TitleAmerican Civil Liberties Union Foundation v. United States Department of Justice et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2012cv04677
Date Filed2012-06-14
Date Closed2013-10-25
JudgeJudge Shira A. Scheindlin
PlaintiffAmerican Civil Liberties Union Foundation
DefendantUnited States Department of Justice including components Criminal Division, Executive Office for United States Attorneys, Office of Information Policy, and Office of Legal Counsel
DefendantUnited States Department of Justice including components Criminal Division, Executive Office for United States Attorneys, Office of Information Policy, and Office of Legal Counsel
TERMINATED: 09/24/2012
DefendantUnited States Department of the Treasury including component Internal Revenue Service
DefendantUnited States Department of Justice including components Criminal Division, Executive Office for United States Attorneys, Office of Information Policy, and Federal Bureau of Investigation
Documents
Docket
Complaint
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Docket Events (Hide)
Date FiledDoc #Docket Text

2012-06-141COMPLAINT against United States Department of Justice, United States Department of the Treasury. (Filing Fee $ 350.00, Receipt Number 1041078)Document filed by American Civil Liberties Union Foundation.(mro) (Entered: 06/18/2012)
2012-06-14SUMMONS ISSUED as to United States Department of Justice, United States Department of the Treasury, U.S. Attorney and U.S. Attorney General. (mro) (Entered: 06/18/2012)
2012-06-14Magistrate Judge Gabriel W. Gorenstein is so designated. (mro) (Entered: 06/18/2012)
2012-06-14Case Designated ECF. (mro) (Entered: 06/18/2012)
2012-06-192AFFIDAVIT OF SERVICE of Summons and Complaint served on United States Department of Justice, United States Department of the Treasury, United States Attorney General, United States Attorney for the Southern District of New York on June 15, 2012. Service was made by Mail. Document filed by American Civil Liberties Union Foundation. (Crump, Catherine) (Entered: 06/19/2012)
2012-07-133ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Christopher B. Harwood dated 7/13/2012 re: Counsel writes to request that the response to the complaint deadline be extended by two weeks, to August 1, 2012. ENDORSEMENT: Defendant's time to respond to the Complaint is extended to August 1, 2012. So Ordered. United States Department of Justice answer due 8/1/2012; United States Department of the Treasury answer due 8/1/2012. (Signed by Judge Shira A. Scheindlin on 7/13/2012) (ft) (Entered: 07/13/2012)
2012-08-014ANSWER to 1 Complaint. Document filed by United States Department of Justice, United States Department of the Treasury.(Harwood, Christopher) (Entered: 08/01/2012)
2012-08-085ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/27/2012 at 04:30 PM in Courtroom 15C, at the United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 8/8/2012) (laq) (Entered: 08/08/2012)
2012-08-176ENDORSED LETTER: addressed to Judge Shira A. Scheindlin from Christopher B. Harwood dated 8/16/2012 re: The Government writes respectfully in response to the Court's Order, dated August 8, 2012, notifying the parties of the upcoming pre-trial conference scheduled for August 27, 2012. The parties respectfully request that they be relieved of their obligation under the August 8, 2012, order to submit at the conference a proposed Pre-Trial Scheduling Order.ENDORSEMENT: The pretrial conference is adjourned sine die. The parties are directed to update the Court, within 30 days regarding their progress on reaching a stipulation. So Ordered. (Signed by Judge Shira A. Scheindlin on 8/16/2012) (js) (Entered: 08/17/2012)
2012-09-137NOTICE OF APPEARANCE by Nathan Freed Wessler on behalf of American Civil Liberties Union Foundation (Wessler, Nathan) (Entered: 09/13/2012)
2012-09-188ORDER: Plaintiff's unopposed motion for leave to amend its Complaint is GRANTED. (Signed by Judge Shira A. Scheindlin on 9/18/2012) (lmb) (Entered: 09/18/2012)
2012-09-189ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Nathan Freed Wessler dated 9/14/2012 re: On behalf of the parties, and pursuant to this Court's August 17, 2012 Order, plaintiff writes to update the court on the parties' progress towards reaching a stipulation defining the scope of defendants' search and production obligations. ENDORSEMENT: Request granted. Parties are instructed to update the Court by October 14, 2012. (Signed by Judge Shira A. Scheindlin on 9/18/2012) (lmb) (Entered: 09/18/2012)
2012-09-2410AMENDED COMPLAINT amending 1 Complaint against United States Department of the Treasury, United States Department of Justice with JURY DEMAND.Document filed by American Civil Liberties Union Foundation. Related document: 1 Complaint filed by American Civil Liberties Union Foundation.(jfe) (Entered: 09/25/2012)
2012-09-24***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Nathan Freed Wessler for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 10 Amended Complaint, to: caseopenings@nysd.uscourts.gov. (jfe) (Entered: 09/25/2012)
2012-09-2711SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union Foundation.(Wessler, Nathan) (Entered: 09/27/2012)
2012-10-1212ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Christopher B. Harwood dated 10/12/2012 re: The Government writes respectfully to update the Court on the parties' progress towards reaching a stipulation defining the scope of the Government's search and production obligations. ENDORSEMENT: The parties must update the court again by November 12, 2012. (Signed by Judge Shira A. Scheindlin on 10/12/2012) (lmb) (Entered: 10/12/2012)
2012-10-1813ANSWER to 10 Amended Complaint,. Document filed by United States Department of Justice, United States Department of the Treasury.(Harwood, Christopher) (Entered: 10/18/2012)
2012-11-1214ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Christopher B. Harwood dated 11/12/2012 re: Counsel for Defendant writes that within 30 days' time, the parties anticipate submitting a final stipulation to the Court as to the four paragraphs on which they have reached an agreement in principle. ENDORSEMENT: The parties are to make a written progress report to the Court by December 14, 2012. (Signed by Judge Shira A. Scheindlin on 11/12/2012) (pl) (Entered: 11/13/2012)
2012-12-1415STIPULATION AND ORDER: relates only to the Covered Paragraphs and donotlimit or otherwise affect ACLU's claims with respect to paragraphs 3 and 4 of the FOIA Requests and IT IS HEREBY STIPULATED AND AGREED, by and between Defendants and ACLU as follows: Defendants will produce any non-exempt records responsive to the FPL in accordance with the terms of this Stipulation and the FPL, and as further set forth in this document. This Court shall retain jurisdiction over this action. This Stipulation is for settlement purposes only and non-precedential with respect to any other FOIA case. (Signed by Judge Shira A. Scheindlin on 12/14/2012) (cd) (Entered: 12/14/2012)
2013-03-1116ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Christopher B. Harwood dated 3/8/2013 re: The Government writes to update the Court on the status of this case. ENDORSEMENT: The parties are directed to submit their final FOIA stipulation by March 22, 2013. (Signed by Judge Shira A. Scheindlin on 3/8/2013) (tro) (Entered: 03/11/2013)
2013-03-2717STIPULATION AND ORDER: By letters dated February 16, 2012, the American Civil Liberties Union Foundation ("ACLU") submitted identical requests under the Freedom of Information Act, the United States Department of Justice ("DOJ") components Criminal Division, as well as United States Department of the Treasury component Internal Revenue Service (collectively, with the DOJ Components, the "Components" or "Defendants"), seeking records relating to the Components' access to the contents of individuals' private electronic communications (collectively, the "FOIA Requests"). IT IS HEREBY STIPULATED AND AGREED, by and between Defendants and ACLU as follows: EOUSA shall ask the current Criminal Chiefs in each of the following United States Attorneys' Offices (see Offices set forth herein), whether, since United States v. Warshak, 631 F.3d 266 (6th Cir. 2010), their respective Offices have ever authorized a request to a court for access to the contents of a person's private electronic communications for law enforcement purposes without a warrant or on a standard less than probable cause. The question set forth herein in paragraph 1 requires a "yes" or "no. (See this Order for its entirety.) (Signed by Judge Shira A. Scheindlin on 3/27/2013) (ja) (Entered: 03/27/2013)
2013-03-2818ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Christopher B. Harwood dated 3/27/2013. re: The Government requests that the stipulation be modified to allow the Criminal Division to being a rolling production on 3/29/2013, to make at least one interim production by 4/12/2013, and to complete its production by 4/24/2013. ENDORSEMENT: The Government's request is granted. The 12/14/12 Stipulation and Order is modified to allow the Criminal Division to begin a rolling production on March 29, 2013 to make at least one interim production by April 12, 2013 and to complete its production by April 24, 2013. (Signed by Judge Shira A. Scheindlin on 3/28/2013) (tro) (Entered: 03/28/2013)
2013-06-2519ENDORSED LETTER addressed to Shira A. Sheindlin, from Christopher B. Harwood dated 6/21/2013, re: On behalf of the parties, the Government writes to request that the deadline for the parties to submit a proposed summary judgment briefing schedule be extended to July 19, 2013, to enable the parties to attempt to fully resolve this matter. ENDORSEMENT: Defendants' request is GRANTED. The parties' deadline for submitting a proposed summary judgment briefing schedule is hereby extended to July 19, 2013. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 6/24/2013) (ja) (Entered: 06/25/2013)
2013-08-2020ORDER: In light of the parties' letter dated August 16, 2013, the parties' joint request for an extension of the deadline to reach a final resolution on the issue of fees and costs is GRANTED. By September 16, 2013, the parties shall submit a proposed stipulation to this Court reflecting an agreed settlement of fees and costs or, if no agreement has been reached, update the Court on the parties' progress toward negotiating a settlement. (Signed by Judge Shira A. Scheindlin on 8/19/2013) (ja) (Entered: 08/21/2013)
2013-09-1621ENDORSED LETTER addressed to Judge Shira A. Scheindlin, from Christopher B. Harwood, dated 9/16/2013, re: the parties request that they be afforded an additional 30 days to attempt to reach final resolution on the issue of costs and fees. The parties propose a deadline of October 16, 2013, to submit a proposed stipulation to the Court or, if no agreement has been reached, update the Court on the parties' progress. ENDORSEMENT: The parties joint request for an additional 30 days to reach a final resolution on the issue of costs and fees is granted. Parties must submit a proposed stipulation to the Court by October 16, 2013. So Ordered. (Signed by Judge Shira A. Scheindlin on 9/16/2013) (ja) (Entered: 09/16/2013)
2013-10-0122STANDING 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)
2013-10-2523STIPULATION AND ORDER: IT IS HEREBY AGREED AS FOLLOWS; Defendants shall collectively pay to ACLU the sum of four thousand seven hundred and fifty dollars ($4,750). This payment shall constitute the full and final satisfaction of any claims by ACLU for costs and fees in this matter, and is inclusive of any interest. Payment shall be made as soon as practicable by electronic funds transfer, and counsel for ACLU will provide the necessary information to counsel for Defendants to effectuate the transfer. ACLU releases and discharges Defendants and the United States of America from any and all claims and causes of action that ACLU asserted -or could have asserted -in this litigation arising out of the FOIA Requests. This action is hereby dismissed with prejudice and without costs or fees other than as provided in paragraph 1 of this Stipulation, provided that this Court shall retain jurisdiction over any issues that might arise relating to this Stipulation. Nothing in this Stipulation shall constitute an admission that any Defendant 18 liable for costs or fees, or that ACLU "substantially prevailed" in this action under 5 U.S.C. § 552(a)(4)(E)) or is entitled to or eligible for any costs or fees. This Stipulation is entered into by the parties solely for the purpose of compromising disputed claims in this case and avoiding the expenses and risks of further litigation concerning ACLU's claim for costs and fees. This Stipulation contains the entire agreement between the parties, and no statement, representation) promise or agreement, oral or otherwise, between the parties or their counsel that is not included herein shall have any force or effect. This Stipulation may be executed in counterparts. Facsimile signatures shall have the same effect as originals. The Clerk of the Court is directed to close this case. (Signed by Judge Shira A. Scheindlin on 10/25/2013) (rsh) (Entered: 10/25/2013)
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