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Case TitleBIN ALI JABER et al v. DEPARTMENT OF DEFENSE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00742
Date Filed2016-04-20
Date Closed2018-02-02
JudgeJudge Trevor N. McFadden
PlaintiffFAISAL BIN ALI JABER
PlaintiffEDWARD PILKINGTON
Case DescriptionFaisal bin Ali Jaber, a Yemeni citizen, and Edward Pilkington, who identified himself as a member of the news media, submitted FOIA requests to the Department of Defense, Department of State, Department of Justice, and Department of Treasury for records about a 2012 drone strike in Yemen that killed several members of bin Ali Jaber's family. Because the request was made on bin Ali Jaber and Pilkington's behalf by their attorney, several agencies questioned if the requesters qualified for news media status. The requesters had also asked for expedited processing. After none of the agencies provided substantive responses, bin Ali Jaber and Pilkington filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Fee Category - Media or Educational, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDEPARTMENT OF DEFENSE
DefendantDEPARTMENT OF JUSTICE
DefendantDEPARTMENT OF STATE
DefendantDEPARTMENT OF THE TREASURY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [40]
FOIA Project Annotation: Judge Trevor McFadden has ruled that the Department of Defense, the Department of Justice, the Department of State, and the Department of the Treasury properly invoked Glomar responses neither confirming nor denying the existence of records in response to a series of FOIA requests submitted by Faisal Bin Ali Jaber and journalist Edward Pilkington for records concerning a 2012 drone strike in Yemen that killed Salem and Waleed bin Ali Jaber. The Defense Department disclosed 1,072 pages of non-exempt records, the Justice Department disclosed 107 redacted pages, and the State Department disclosed 41 pages. The three agencies all maintained that other potentially responsive records were subject to a Glomar response under Exemption 1 (national security) and Exemption 3 (other statutes). Although the Treasury Department originally told Bin Ali Jaber and Pilkington that it had no records, once all the other agencies relied on a Glomar response, Treasury joined their Glomar defense. McFadden agreed that both exemptions justified the Glomar response, noting that "the disclosure of information that tends to confirm one way or the other any American role in the alleged drone strike would risk revealing the existence or nonexistence of intelligence relationships with foreign liaisons and could lead to the unauthorized disclosure of intelligence sources." Bin Ali Jaber and Pilkington argued that a Glomar response was not necessary if the United States was not actually involved. McFadden rejected that contention, pointing out that "in any case in which requested information exists, the existence of the information is classified, and no harm would be caused by stating that the information does not exist, Plaintiffs' rule would require the Government to disclose the classified fact that the information exists â€" even though FOIA does not require this." The plaintiffs also contended that Yemen had already publicly acknowledged the existence of the drone strike. McFadden observed that "however, a news article's allegation that a foreign government claimed that the U.S. government was responsible for a drone strike falls well short of creating a genuine dispute of material fact as to whether an official and public acknowledgement by the United States that it was involved in the drone strike could harm national security." Having found the Glomar response was justified, McFadden indicated that the agencies' searches were also appropriate. Dismissing the plaintiffs' claim that the agencies should have searched for records implicated by the Glomar response as well, McFadden observed that "plaintiffs have not made any suggestions as to how a reasonable search for all responsive records would differ from the searches that were conducted, nor is it apparent to me that the Defendants' searches were inadequate even if Plaintiffs' interpretation of the law were correct."
Issues: Determination - Glomar response, Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-04-201COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4493418) filed by Faisal bin Ali Jaber, Edward Pilkington. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(McClanahan, Kelly) (Entered: 04/20/2016)
2016-04-20Case Assigned to Judge Ketanji Brown Jackson. (sth) (Entered: 04/20/2016)
2016-04-202SUMMONS (6) Issued Electronically as to DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(sth) (Entered: 04/20/2016)
2016-04-213WITHDRAWN PURSUANT TO 18 .....MOTION for Preliminary Injunction by FAISAL BIN ALI JABER, EDWARD PILKINGTON (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) Modified on 6/21/2016 (jf). (Entered: 04/21/2016)
2016-04-21MINUTE ORDER. It is hereby ORDERED that Plaintiffs shall file a Notice informing the Court of the date on which they serve Defendants with the 1 Complaint and 3 Motion for Preliminary Injunction, within 24 hours of such service. Signed by Judge Ketanji Brown Jackson on 04/21/2016. (lckbj1) (Entered: 04/21/2016)
2016-04-224CERTIFICATE OF SERVICE by FAISAL BIN ALI JABER, EDWARD PILKINGTON re Order, Set Deadlines,, . (McClanahan, Kelly) (Entered: 04/22/2016)
2016-04-285NOTICE of Appearance by Stephen McCoy Elliott on behalf of DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY (Elliott, Stephen) (Entered: 04/28/2016)
2016-04-286Unopposed MOTION for Extension of Time to Respond to Plaintiff's Motion for a Preliminary Injunction by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY (Elliott, Stephen) (Entered: 04/28/2016)
2016-04-29MINUTE ORDER granting, for good cause shown, 6 Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion for a Preliminary Injunction. It is hereby ORDERED that Defendants' Opposition to 3 is due by 5/6/2016. It is FURTHER ORDERED that by noon on Monday, 5/2/2016, the parties shall file a joint notice informing the Court of a time, 4:30 PM or later, on either Monday, 5/2/2016 or Tuesday, 5/3/2016, when all parties are available for a conference call with the Court. Signed by Judge Ketanji Brown Jackson on 04/29/2016. (lckbj1, ) (Entered: 04/29/2016)
2016-05-027NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 05/02/2016)
2016-05-028NOTICE of Appearance by Amy E. Powell on behalf of All Defendants (Powell, Amy) (Entered: 05/02/2016)
2016-05-029NOTICE (Joint) Regarding Counsel Availability by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY (Shapiro, Elizabeth) (Entered: 05/02/2016)
2016-05-02MINUTE ORDER setting Telephone Conference for 5/2/2016 at 05:15 PM in Chambers before Judge Ketanji Brown Jackson. Counsel shall jointly call Chambers at 202.354.3350. Signed by Judge Ketanji Brown Jackson on 05/02/2016. (lckbj1) (Entered: 05/02/2016)
2016-05-02MINUTE ORDER. On May 2, 2016, the Court held a telephone conference with the parties. Based on the representations made during that conference, and pursuant to LCvR 65.1, the Court finds that a hearing date more than 21 days after the plaintiff's filing of a preliminary injunction motion will not prejudice the parties. It is hereby ORDERED that the government shall file its opposition brief to Plaintiffs' 3 motion for a preliminary injunction by 5/6/2016; Plaintiffs shall file their reply, if any, by 5/11/2016; and the Court will hold a Motion Hearing on Plaintiffs' motion on 6/1/2016 at 2:30 PM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on May 2, 2016. (lckbj3, ) (Entered: 05/02/2016)
2016-05-0610RESPONSE re 3 MOTION for Preliminary Injunction filed by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Text of Proposed Order)(Shapiro, Elizabeth) (Entered: 05/06/2016)
2016-05-0911MOTION to Seal Certain Exhibits by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Shapiro, Elizabeth) (Entered: 05/09/2016)
2016-05-10MINUTE ORDER granting 11 Motion to Seal Exhibits. Signed by Judge Ketanji Brown Jackson on 05/10/2016. (lckbj1) (Entered: 05/10/2016)
2016-05-1112REDACTED DOCUMENT- Amended Exhibits to Order on Motion for Miscellaneous Relief (Exhibits B-E) by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit C, # 2 Exhibit D, # 3 Exhibit E)(Shapiro, Elizabeth) (Entered: 05/11/2016)
2016-05-1213REPLY to opposition to motion re 3 MOTION for Preliminary Injunction filed by FAISAL BIN ALI JABER, EDWARD PILKINGTON. (Attachments: # 1 Exhibit A - McClanahan declaration)(McClanahan, Kelly) (Entered: 05/12/2016)
2016-05-1314Unopposed MOTION for Extension of Time to File Response/Reply as to 3 MOTION for Preliminary Injunction (Nunc Pro Tunc) by FAISAL BIN ALI JABER, EDWARD PILKINGTON (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/13/2016)
2016-05-13MINUTE ORDER granting 14 Motion for Extension of Time to File Reply re 3 Motion for Preliminary Injunction, nunc pro tunc. Plaintiff's 13 reply is accepted as timely. Signed by Judge Ketanji Brown Jackson on 05/13/2016. (lckbj1) (Entered: 05/13/2016)
2016-05-17MINUTE ORDER. The Motion Hearing previously set for 6/1/16 is hereby VACATED and RESET for 6/6/2016 at 2:30 PM in Courtroom 17. Signed by Judge Ketanji Brown Jackson on May 17, 2016. (lckbj3, ) (Entered: 05/17/2016)
2016-05-2315AMENDED COMPLAINT against DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY filed by FAISAL BIN ALI JABER, EDWARD PILKINGTON. (Attachments: # 1 Exhibit A - Redlined copy)(McClanahan, Kelly) (Entered: 05/23/2016)
2016-05-2616GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 5/26/2016. (lckbj1) (Entered: 05/26/2016)
2016-06-0617ANSWER to 15 Amended Complaint by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY. Related document: 15 Amended Complaint filed by FAISAL BIN ALI JABER, EDWARD PILKINGTON.(Elliott, Stephen) (Entered: 06/06/2016)
2016-06-06MINUTE ORDER: The parties appeared before this Court on June 6, 2016, for a motions hearing regarding Plaintiffs' 3 Motion for Preliminary Injunction ("P.I."). During the motions hearing, the Court entertained Plaintiffs' oral motion to convert the pending motion for a P.I. into a motion for a P.I. or, in the alternative, a motion for partial summary judgment regarding the complaint's challenges to the denial of expedited processing of Plaintiffs' FOIA requests. Given the discussion that the Court and the parties had in open court regarding the procedural posture of this matter, it is hereby ORDERED that Plaintiffs' oral motion to convert the pending motion for a P.I. (ECF No. 3) into a motion for a P.I. or, in the alternative, motion for partial summary judgment is GRANTED, and it is FURTHER ORDERED that the converted motion is DENIED IN PART and only insofar as Plaintiffs seek a preliminary injunction. It is FURTHER ORDERED that the remaining motion for partial summary judgment with respect to the complaint's expedited processing claims is STAYED until further order of this Court, and the parties shall file a joint proposed schedule regarding the processing of Plaintiffs' FOIA requests and further proceedings in this matter on or before June 20, 2016. Signed by Judge Ketanji Brown Jackson on June 6, 2016. (lckbj3, ) (Entered: 06/06/2016)
2016-06-06Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Motion Hearing held on 6/6/2016 re 3 MOTION for Preliminary Injunction. Oral argument heard. Oral Order, granting the Oral request by plaintiff to convert the Preliminary Injunction Motion to a Motion for Preliminary Injunction and/or in the Alternative Motion for Summary Judgment with expedited consideration. Oral Order, denying the Motion for Preliminary Injunction and deferring the Motion for Summary Judgment. Joint Status Report due by 6/20/16. (Court Reporter Barbara DeVico) (gdf) (Entered: 06/07/2016)
2016-06-2018NOTICE of Joint Proposed Schedule by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY (Elliott, Stephen) (Entered: 06/20/2016)
2016-06-3019TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson held on 6-6-16; Page Numbers: 1-106. Date of Issuance:6-30-16. Court Reporter/Transcriber Barbara DeVico, Telephone number 202-354-3118, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced abov e. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/21/2016. Redacted Transcript Deadline set for 7/31/2016. Release of Transcript Restriction set for 9/28/2016.(DeVico, Barbara) (Entered: 06/30/2016)
2016-07-01MINUTE ORDER. In light of the representations made in the parties' 18 Joint Proposed Schedule, it is hereby ORDERED that the parties shall file, on or before 9/26/2016, a joint status report updating the Court on processing of Plaintiffs' FOIA requests, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 07/01/2016. (lckbj1) (Entered: 07/01/2016)
2016-09-2620Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY. (Elliott, Stephen) (Entered: 09/26/2016)
2016-09-27MINUTE ORDER. Based on the representations in the parties' 20 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 10/11/2016, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 09/27/2016. (lckbj1) (Entered: 09/27/2016)
2016-10-1121Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY. (Elliott, Stephen) (Entered: 10/11/2016)
2016-10-17MINUTE ORDER. Based on the representations in the parties' 21 Joint Status Report, it is hereby ORDERED that, on or before 10/28/2016, the parties shall file a further Joint Status Report, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 10/17/2016. (lckbj1) (Entered: 10/17/2016)
2016-10-2822Joint STATUS REPORT by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY. (Elliott, Stephen) (Entered: 10/28/2016)
2016-11-08MINUTE ORDER. Based on the representations in the parties' 22 Joint Status Report, it is hereby ORDERED that Defendants' Motion for Summary Judgment is due by December 16, 2016; Plaintiffs' Consolidated Opposition and Cross-Motion for Summary Judgment is due by January 27, 2017; Defendants' Consolidated Reply and Opposition to Plaintiffs' Cross-Motion is due by February 24, 2017; Plaintiffs Reply in Support of Cross-Motion is due by March 24, 2017. Signed by Judge Ketanji Brown Jackson on 11/8/2016. (lckbj3) (Entered: 11/08/2016)
2016-12-1623MOTION for Summary Judgment by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Declaration of Rear Admiral Andrew L. Lewis, # 5 Declaration of Eric F. Stein, # 6 (SEALED)Declaration of Vanessa R. Brinkmann, # 7 Declaration of David M. Hardy, # 8 (SEALED) Declaration of Michael W. Mason)(Elliott, Stephen) Modified SEALING 23-6 and 23-8 on 1/17/2017 (ztd). (Entered: 12/16/2016)
2017-01-1424Unopposed MOTION to Seal Certain Attachments by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Elliott, Stephen) (Entered: 01/14/2017)
2017-01-17MINUTE ORDER granting 24 Motion to Seal. It is hereby ORDERED that Docket Entries 23-6 and 23-8 are SEALED, and Defendants are granted leave to file redacted versions of these documents. Signed by Judge Ketanji Brown Jackson on 1/17/2017. (lckbj1) (Entered: 01/17/2017)
2017-01-1825REDACTED DOCUMENT- Redacted Version of 23-6 by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY. (Powell, Amy) (Entered: 01/18/2017)
2017-01-1826REDACTED DOCUMENT- Redacted Version of 23-8 (Mason Declaration) by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY. (Powell, Amy) (Entered: 01/18/2017)
2017-01-2327Joint MOTION to Modify the Briefing Schedule by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY (Elliott, Stephen) (Entered: 01/23/2017)
2017-01-24MINUTE ORDER granting, for good cause shown, 27 Unopposed Motion to Modify the Briefing Schedule. It is hereby ORDERED that the briefing schedule in this matter is amended as follows: Plaintiffs' Consolidated Opposition and Cross-Motion for Summary Judgment is due on or before 2/10/2017; Defendants' Consolidated Reply and Opposition to Plaintiffs' Cross-Motion is due on or before 3/10/2017; and Plaintiffs Reply in Support of Cross-Motion is due on or before 4/7/2017. Signed by Judge Ketanji Brown Jackson on 1/24/2017. (lckbj1) (Entered: 01/24/2017)
2017-03-1028NOTICE of Non-Opposition by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY (Elliott, Stephen) (Entered: 03/10/2017)
2017-03-13MINUTE ORDER. On December 16, 2016, Defendants filed a 23 motion for summary judgment. Shortly thereafter, in accordance with the parties' requested briefing schedule, the Court ordered Plaintiffs to file their consolidated opposition and cross-motion for summary judgment on or before February 10, 2017. (See Min. Order of Jan. 24, 2017.) That deadline has long since passed, and Plaintiffs have not filed their opposition and cross-motion, or alternatively, a motion for an extension of time. Accordingly, it is hereby ORDERED that Plaintiffs SHOW CAUSE by March 27, 2017, why their claims against Defendants should not be dismissed for failure to prosecute. Signed by Judge Ketanji Brown Jackson on 3/13/2017. (lckbj3) (Entered: 03/13/2017)
2017-03-2729RESPONSE TO ORDER TO SHOW CAUSE by FAISAL BIN ALI JABER, EDWARD PILKINGTON re Order to Show Cause,, . (McClanahan, Kelly) (Entered: 03/28/2017)
2017-03-2830Unopposed MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Summary Judgment by FAISAL BIN ALI JABER, EDWARD PILKINGTON (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/28/2017)
2017-03-29MINUTE ORDER granting 30 Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that the briefing schedule in this matter is amended as follows: Plaintiffs' Consolidated Opposition and Cross-Motion for Summary Judgment is due on or before 3/31/2017; Defendants' Consolidated Reply and Opposition to Plaintiffs' Cross-Motion is due on or before 4/28/2017; and Plaintiffs' Reply in Support of Cross-Motion is due on or before 5/26/2017. Signed by Judge Ketanji Brown Jackson on 3/29/2017. (lckbj3) (Entered: 03/29/2017)
2017-03-30Set/Reset Deadlines: Cross Motions due by 3/31/2017. Response to Cross Motions due by 4/28/2017. Reply to Cross Motions due by 5/26/2017. (gdf) (Entered: 03/30/2017)
2017-03-3131MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Summary Judgment as to Which Defendants Take No Position by FAISAL BIN ALI JABER, EDWARD PILKINGTON (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/31/2017)
2017-03-31MINUTE ORDER granting 31 Plaintiffs' Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that the briefing schedule in this matter is amended as follows: Plaintiffs' Consolidated Opposition and Cross-Motion for Summary Judgment is due on or before 4/3/2017; Defendants' Consolidated Reply and Opposition to Plaintiffs' Cross-Motion is due on or before 5/1/2017; and Plaintiffs' Reply in Support of Cross-Motion is due on or before 5/29/2017. Absent extraordinary and unexpected circumstances, no further extensions with respect to Plaintiffs' Consolidated Opposition and Cross-Motion for Summary Judgment will be granted. Signed by Judge Ketanji Brown Jackson on 3/31/2017. (lckbj3) (Entered: 03/31/2017)
2017-03-31Set/Reset Deadlines: Cross Motions due by 4/3/2017. Response to Cross Motions due by 5/1/2017. Reply to Cross Motions due by 5/29/2017. (gdf) (Entered: 04/02/2017)
2017-04-0432Memorandum in opposition to re 23 MOTION for Summary Judgment filed by FAISAL BIN ALI JABER, EDWARD PILKINGTON. (Attachments: # 1 Exhibit list, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/04/2017)
2017-04-0433Cross MOTION for Summary Judgment (Partial) by FAISAL BIN ALI JABER, EDWARD PILKINGTON (Attachments: # 1 Memorandum in Support, # 2 Exhibit list, # 3 Exhibit A, # 4 Exhibit B, # 5 Text of Proposed Order)(McClanahan, Kelly) Modified on 4/5/2017 (td). (Entered: 04/04/2017)
2017-04-0434NOTICE of ECF Technical Issues by FAISAL BIN ALI JABER, EDWARD PILKINGTON re 33 MOTION for Summary Judgment (Partial) , 32 Memorandum in Opposition, (McClanahan, Kelly) (Entered: 04/04/2017)
2017-04-05NOTICE OF ERROR re 34 Notice (Other); emailed to kel@nationalsecuritylaw.org, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Notice has been forwarded to the ECF Coordinator. (ztd, ) (Entered: 04/05/2017)
2017-05-0135REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY. (Attachments: # 1 Supplemental Declaration of Michael W. Mason, # 2 Text of Proposed Order)(Elliott, Stephen) (Entered: 05/01/2017)
2017-05-0136Memorandum in opposition to re 33 MOTION for Summary Judgment (Partial) filed by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, DEPARTMENT OF THE TREASURY. (Attachments: # 1 Supplemental Declaration of Michael W. Mason, # 2 Text of Proposed Order)(Elliott, Stephen) (Entered: 05/01/2017)
2017-05-3037REPLY to opposition to motion re 33 MOTION for Summary Judgment (Partial) filed by FAISAL BIN ALI JABER, EDWARD PILKINGTON. (Attachments: # 1 Exhibit C - EPIC NSA brief)(McClanahan, Kelly) (Entered: 05/31/2017)
2017-05-3138MOTION for Leave to File Sur-Reply by FAISAL BIN ALI JABER, EDWARD PILKINGTON (Attachments: # 1 Exhibit - Proposed Sur-Reply, # 2 Exhibit - Proposed Sur-Reply, Ex. C, # 3 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/31/2017)
2017-05-31MINUTE ORDER granting 38 Motion for Leave to File Sur-reply. Signed by Judge Ketanji Brown Jackson on 05/31/2017. (lckbj1) (Entered: 05/31/2017)
2017-05-3139SURREPLY to re 33 Cross-MOTION for Summary Judgment (Partial) , 23 MOTION for Summary Judgment filed by FAISAL BIN ALI JABER, EDWARD PILKINGTON. (td) (Entered: 06/01/2017)
2017-11-02Case directly reassigned to Judge Trevor N. McFadden. Judge Ketanji Brown Jackson is no longer assigned to the case. (ztnr) (Entered: 11/02/2017)
2018-02-0140MEMORANDUM OPINION re Defendants' 23 Motion for Summary Judgment and Plaintiffs' 33 Cross-Motion for Partial Summary Judgment. See the attached Memorandum Opinion for additional details. Signed by Judge Trevor N. McFadden on 2/1/18. (lctnm1) (Entered: 02/01/2018)
2018-02-0141ORDER: For the reasons stated in 40 Memorandum Opinion, Defendant's 23 Motion for Summary Judgment is GRANTED and Plaintiffs' 33 Cross-Motion for Partial Summary Judgment is DENIED. See attached order for details. Signed by Judge Trevor N. McFadden on 2/1/18. (lctnm1) (Entered: 02/01/2018)
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