Skip to content

Case Detail

[Subscribe to updates]
Case TitleOpen Society Justice Initiative v. Department of Defense et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv05096
Date Filed2020-07-02
Date Closed2022-11-04
JudgeJudge Jesse M. Furman
PlaintiffOpen Society Justice Initiative
Case DescriptionThe Open Society Initiative submitted FOIA requests to the Department of Defense and other agencies that are part of the Intelligence Community for records concerning COVID-19. The Open Society Initiative also requested a fee waiver. The agencies acknowledged receipt of the requests. The CIA issued a Glomar response neither confirming nor denying the existence of records. After hearing nothing further from any of the agencies, the Open Society Initiative filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDepartment of Defense
DefendantDefense Intelligence Agency
DefendantUnited States Indo-Pacific Command
DefendantDepartment of State
DefendantDepartment of Treasury
DefendantOffice of the Director of National Intelligence
DefendantCentral Intelligence Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Opinion/Order [18]
Opinion/Order [41]
Opinion/Order [43]
Opinion/Order [54]
Opinion/Order [59]
Opinion/Order [69]
Opinion/Order [90]
Opinion/Order [105]
Opinion/Order [111]
FOIA Project Annotation: A federal court in New York has ruled that while the CIA properly invoked a Glomar response neither confirming nor denying the existence of records in response to several portions of a multi-part request from the Open Society Justice Initiative sent to fourteen agencies that are part of the intelligence community for records pertaining to their earliest responses to the COVID-19 pandemic. Judge Jesse Furman found that the CIA's Glomar response, which was based on Exemption 1 (national security) and Exemption 3 (other statutes), was appropriate for a handful of topics contained in OSJI's FOIA request and that the agency had not waived its ability to claim a Glomar dense, but that for other topics the agency has so far failed to justify its Glomar response. OSJI argued that a press release issued to explain the way in which the intelligence community would address its role in understanding and managing the pandemic constituted a waiver of its activities in this regard. However, Furman disagreed, indicating that OSJI's official acknowledgement claims did not meet the standards articulated by the Second Circuit in Wilson v. CIA, 586 F.3d 171 (2d Cir. 2009), in which the Second Circuit set out a three-part test for determining whether information had been officially acknowledged " (1) the information must be as specific as that previously released, (2) it must match the information previously disclosed, and (3) the information must have been made public through an official and documented disclosure. Furman pointed out that OSJI's FOIA request "does not seek information pertaining to whether the CIA or other parts of the Executive Branch had a response when they first learned of COVID-19. Instead, it seeks more specific information whether the CIA possesses records relating to the Executive Branch's response to COVID-19 when the Executive Branch was first informed of the disease. Nothing in the Press Release speaks to the response of the Executive Branch writ large (not to mention any component thereof) when it first became aware of COVID-19, let alone to whether the CIA possesses records on that subject." Furman also rejected OSJI's contention that the press release implied that the intelligence community had been in communication with the White House. Instead, he noted that "but such speculation, however, does not suffice to establish official acknowledgement." Furman then found that the CIA had justified its Glomar response as to five topics but not to the others. He indicated that "to hold otherwise, and to accept the CIA's Glomar response based on little more than its say so, would be to create a wholesale 'CIA exception' to FOIA, which Congress itself has not done. Judicial deference in the area of national security is certainly warranted. But 'deference is not equivalent to acquiescence.'" Rather than dismissing the agency's Glomar responses, Furman allowed the agency to submit a more targeted justification.
Issues: Determination - Glomar response
Opinion/Order [116]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-07-021COMPLAINT against Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command. (Filing Fee $ 400.00, Receipt Number ANYSDC-20529644)Document filed by Open Society Justice Initiative. (Attachments: # 1 Exhibit A - DOD FOIA Request, # 2 Exhibit B - DIA FOIA Request, # 3 Exhibit C - IndoPac FOIA Request, # 4 Exhibit D - State FOIA Request, # 5 Exhibit E - Treasury FOIA Request, # 6 Exhibit F - CIA FOIA Request, # 7 Exhibit G - ODNI FOIA Request, # 8 Exhibit H - DOD Interim Response, # 9 Exhibit I - DOD Clarification, # 10 Exhibit J - Email Attaching DIA FOIA, # 11 Exhibit K - IndoPac Interim Response, # 12 Exhibit L - State FOIA Acknowledgement, # 13 Exhibit M - Treasury FOIA Acknowledgement, # 14 Exhibit N - ODNI FOIA Acknowledgement, # 15 Exhibit O - CIA FOIA Acknowledgement, # 16 Exhibit P - CIA Final Response, # 17 Exhibit Q - CIA FOIA Appeal).(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-022CIVIL COVER SHEET filed..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-023REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-024REQUEST FOR ISSUANCE OF SUMMONS as to Defense Intelligence Agency, re: 1 Complaint,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-025REQUEST FOR ISSUANCE OF SUMMONS as to United States Indo-Pacific Command, re: 1 Complaint,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-026REQUEST FOR ISSUANCE OF SUMMONS as to Department of State, re: 1 Complaint,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-027REQUEST FOR ISSUANCE OF SUMMONS as to Department of Treasury, re: 1 Complaint,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-028REQUEST FOR ISSUANCE OF SUMMONS as to Office of the Director of National Intelligence, re: 1 Complaint,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-029REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-0210RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Open Society Institute for Open Society Justice Initiative. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-06CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions . .(pc) (Entered: 07/06/2020)
2020-07-06Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pc) (Entered: 07/06/2020)
2020-07-06Case Designated ECF. (pc) (Entered: 07/06/2020)
2020-07-0611ELECTRONIC SUMMONS ISSUED as to Office of the Director of National Intelligence..(pc) (Entered: 07/06/2020)
2020-07-0612ELECTRONIC SUMMONS ISSUED as to Department of Treasury..(pc) (Entered: 07/06/2020)
2020-07-0613ELECTRONIC SUMMONS ISSUED as to Central Intelligence Agency..(pc) (Entered: 07/06/2020)
2020-07-0614ELECTRONIC SUMMONS ISSUED as to Defense Intelligence Agency..(pc) (Entered: 07/06/2020)
2020-07-0615ELECTRONIC SUMMONS ISSUED as to United States Indo-Pacific Command..(pc) (Entered: 07/06/2020)
2020-07-0616ELECTRONIC SUMMONS ISSUED as to Department of State..(pc) (Entered: 07/06/2020)
2020-07-0617ELECTRONIC SUMMONS ISSUED as to Department of Defense..(pc) (Entered: 07/06/2020)
2020-07-0618ORDER: This case arises under the Freedom of Information Act, Title 5, United States Code, Section 552. The parties are hereby ORDERED to submit a joint letter, no later than two weeks from the date of this order and not to exceed two pages, indicating whether there is any need for discovery or an initial conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. If Defendants have not yet entered a notice of appearance, Plaintiff shall promptly serve a copy of this Order on Defendants and file proof of such service. (Signed by Judge Jesse M. Furman on 7/6/2020) (rro) (Entered: 07/06/2020)
2020-07-0819SUMMONS RETURNED EXECUTED (FOIA CASE). Central Intelligence Agency served on 7/7/2020, answer due 8/6/2020. Service was made by Certified Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/08/2020)
2020-07-0820SUMMONS RETURNED EXECUTED (FOIA CASE). Defense Intelligence Agency served on 7/7/2020, answer due 8/6/2020. Service was made by Certified Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/08/2020)
2020-07-0821SUMMONS RETURNED EXECUTED (FOIA CASE). Office of the Director of National Intelligence served on 7/7/2020, answer due 8/6/2020. Service was made by Certified Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/08/2020)
2020-07-0822SUMMONS RETURNED EXECUTED (FOIA CASE). Department of Defense served on 7/7/2020, answer due 8/6/2020. Service was made by Certified Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/08/2020)
2020-07-0823SUMMONS RETURNED EXECUTED (FOIA CASE). United States Indo-Pacific Command served on 7/7/2020, answer due 8/6/2020. Service was made by Certified Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/08/2020)
2020-07-0824SUMMONS RETURNED EXECUTED (FOIA CASE). Department of State served on 7/7/2020, answer due 8/6/2020. Service was made by Certified Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/08/2020)
2020-07-0825SUMMONS RETURNED EXECUTED (FOIA CASE). Department of Treasury served on 7/7/2020, answer due 8/6/2020. Service was made by Certified Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/08/2020)
2020-07-2026STATUS REPORT. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 07/20/2020)
2020-07-2127MEMO ENDORSEMENT on re: 26 Status Report, filed by Department of Defense, Defense Intelligence Agency, Department of State, Office of the Director of National Intelligence, Central Intelligence Agency, United States Indo-Pacific Command, Department of Treasury. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 7/21/20) (yv) (Entered: 07/21/2020)
2020-07-2128NOTICE OF APPEARANCE by Stephen Seungkun Cha-Kim on behalf of Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Cha-Kim, Stephen) (Entered: 07/21/2020)
2020-07-2229NOTICE OF APPEARANCE by Eric Alan Stone on behalf of Open Society Justice Initiative..(Stone, Eric) (Entered: 07/22/2020)
2020-07-2230NOTICE OF APPEARANCE by Daniel Jonah Klein on behalf of Open Society Justice Initiative..(Klein, Daniel) (Entered: 07/22/2020)
2020-07-2231NOTICE OF APPEARANCE by Amrit Singh on behalf of Open Society Justice Initiative..(Singh, Amrit) (Entered: 07/22/2020)
2020-07-2232MOTION for Joseph Morris Granzotto to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20802974. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Open Society Justice Initiative. (Attachments: # 1 Declaration of Joseph Morris Granzotto, # 2 Exhibit A-DC COGS, # 3 Exhibit B-MI COGS, # 4 Text of Proposed Order).(Granzotto, Joseph) (Entered: 07/22/2020)
2020-07-2233MOTION for Brian Shiue to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20803036. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Open Society Justice Initiative. (Attachments: # 1 Declaration of Brian Shiue, # 2 Exhibit A-DC COGS, # 3 Text of Proposed Order).(Shiue, Brian) (Entered: 07/22/2020)
2020-07-2234MOTION for Tanya Stephanie Manno to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20803102. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Open Society Justice Initiative. (Attachments: # 1 Declaration of Tanya Stephanie Manno, # 2 Exhibit A - DC COGS, # 3 Exhibit B - CA COGS, # 4 Text of Proposed Order).(Manno, Tanya) (Entered: 07/22/2020)
2020-07-23>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 34 MOTION for Tanya Stephanie Manno to Appear Pro Hac Vic . Filing fee $ 200.00, receipt number ANYSDC-20803102. Motion and supporting papers to be reviewed by Clerk's Office staff. 32 MOTION for Joseph Morris Granzotto to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20802974. Motion and supporting papers to be reviewed by Clerk's Office staff. 33 MOTION for Brian Shiue to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20803036. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) (Entered: 07/23/2020)
2020-07-2335ORDER granting 32 Motion for Joseph Morris Granzotto to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/23/2020)
2020-07-2336ORDER granting 33 Motion for Brian Shiue to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/23/2020)
2020-07-2337ORDER granting 34 Motion for Tanya Stephanie Manno to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/23/2020)
2020-07-2338MOTION for Natasha Arnpriester to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20817842. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Open Society Justice Initiative. (Attachments: # 1 Declaration of Natasha Arnpriester, # 2 Exhibit A - AD1 COGS, # 3 Text of Proposed Order).(Arnpriester, Natasha) (Entered: 07/23/2020)
2020-07-23>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 38 MOTION for Natasha Arnpriester to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20817842. Motion and supporting papers to be reviewed by Clerk's Office staff . The document has been reviewed and there are no deficiencies. (aea) (Entered: 07/23/2020)
2020-07-2339ORDER granting 38 Motion for Natasha Arnpriester to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/23/2020)
2020-08-0740ANSWER to 1 Complaint,,,,. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Cha-Kim, Stephen) (Entered: 08/07/2020)
2020-08-1441ORDER. The deadline to file the status letter in 20-CV-5096, see ECF No. 27, is EXTENDED to August 24, 2020. The status letter shall be filed jointly by all parties in both cases and shall address not only whether a conference is necessary and a proposed briefing schedule for any motion for summary judgment, but also the parties views regarding whether the Court should consolidate these cases pursuant to Rule 42 or modify the dates, deadlines, or procedures in either. Unless and until the Court orders otherwise, any other dates and deadlines remain in effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/14/20) (yv) (Entered: 08/14/2020)
2020-08-2142LETTER addressed to Judge Jesse M. Furman from Mark F. Mendelsohn dated August 21, 2020 re: Joint Response to the Court's August 14, 2020 Order. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 08/21/2020)
2020-08-2543ORDER, It is hereby ORDERED that, pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, the two cases are consolidated under the case number 20-CV-5096 (JMF). All future filings should be in 20-CV-5096 (JMF) alone. The parties shall appear for a teleconference with the Court on September 23, 2020, at 10:00 a.m. At least twenty-four hours before the conference, counsel shall email to the Court the names and telephone numbers of those who will have speaking roles at the conference, and the Court will provide call-in information to those counsel. All others counsel who will not have speaking roles and members of the public may listen to the conference by calling the Court's dedicated conference call line at (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. The parties are reminded to follow the procedures for teleconferences described in the Court's Emergency Individual Rules and Practices in Light of COVID-19, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. No later than the Thursday before the conference, the parties shall file a joint status letter setting forth their views of the case and how it should proceed, including, if appropriate, a proposed briefing schedule. The Clerk of Court is directed to consolidate 20-CV-5096 (JMF) and 20-CV-6359 (JMF) under case number 20-CV-5096 (JMF), and to close 20-CV-6359. SO ORDERED. ( Telephone Conference set for 9/23/2020 at 10:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/25/20) Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF (yv) (Entered: 08/25/2020)
2020-09-1744JOINT LETTER addressed to Judge Jesse M. Furman from Eric Alan Stone dated September 17, 2020 re: Status. Document filed by Open Society Justice Initiative..(Stone, Eric) (Entered: 09/17/2020)
2020-09-1845MEMO ENDORSEMENT on re: (44 in 1:20-cv-05096-JMF) Letter filed by Open Society Justice Initiative. ENDORSEMENT: In light of the parties' letter, the Court is of the view that there is little reason to hold the conference on September 23, 2020. Accordingly, the conference is ADJOURNED sine die. The parties shall submit a status letter no later than October 14, 2020, and shall indicate in the letter whether they believe a conference should be held. (If any party believes that a conference should be held before then, it shall confer with the other side and file a letter motion seeking a conference.) Finally, the Court understands that defense counsel has had technical difficulty filing Defendants' answer to the complaint in 20-CV-6359 in 20-CV-5096. Defendants are granted leave to --- and shall, no later than September 22, 2020 --- file it in 20-CV-6359. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/18/2020) (rj) (Entered: 09/18/2020)
2020-09-2046NOTICE OF APPEARANCE by Monica Pilar Folch on behalf of Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 09/20/2020)
2020-10-0247LETTER MOTION for Leave to File Amended Answer in Related Case addressed to Judge Jesse M. Furman from Stephen Cha-Kim dated 10/02/2020. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Cha-Kim, Stephen) (Entered: 10/02/2020)
2020-10-0248ORDER granting (47) LETTER MOTION for Leave to File Amended Answer in Related Case 1:20-cv-06359-JMF, in case 1:20-cv-05096-JMF. The Application is GRANTED. The Clerk of Court is directed to terminate ECF NO. 47. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/2/2020) Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF (jca) (Entered: 10/02/2020)
2020-10-1449JOINT LETTER addressed to Judge Jesse M. Furman from Stephen Cha-Kim dated 10/14/2020 re: Status Update. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Cha-Kim, Stephen) (Entered: 10/14/2020)
2020-10-1550MEMO ENDORSEMENT on re: (49 in 1:20-cv-05096-JMF) Letter Status Update, filed by Department of Defense, Defense Intelligence Agency, Department of State, Office of the Director of National Intelligence, Central Intelligence Agency, United States Indo-Pacific Command, Department of Treasury. ENDORSEMENT: The parties shall submit another status letter on or before October 28, 2020. Further, the briefing schedule and page limits for the cross-motions for summary judgment discussed above are hereby ADOPTED. SO ORDERED., ( Cross Motions due by 12/21/2020., Motions due by 11/20/2020., Responses due by 1/4/2021, Replies due by 1/18/2021.) (Signed by Judge Jesse M. Furman on 10/15/20) Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF (yv) (Entered: 10/15/2020)
2020-10-2851LETTER addressed to Judge Jesse M. Furman from Monica P. Folch dated October 28, 2020 re: Status Update. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 10/28/2020)
2020-10-2952MEMO ENDORSEMENT on re: (51 in 1:20-cv-05096-JMF) Letter, filed by Department of Defense, Defense Intelligence Agency, Department of State, Office of the Director of National Intelligence, Central Intelligence Agency, United States Indo-Pacific Command, Department of Treasury. ENDORSEMENT: The parties shall submit another status letter on or before November 11, 2020. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/29/2020) Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF (rro) (Entered: 10/29/2020)
2020-11-1153LETTER addressed to Judge Jesse M. Furman from Monica P. Folch dated November 11, 2020 re: Status Update. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 11/11/2020)
2020-11-1354ORDER, In light of the parties joint letter dated November 11, 2020, see ECF No. 53, the Court will hold a telephone conference on November 23, 2020 at 3:15 p.m. At least one business day before the conference, counsel shall email to the Court the names and telephone numbers of those who will have speaking roles at the conference, and the Court will provide call-in information to those counsel. All others counsel who will not have speaking roles and members of the public may listen to the conference by calling the Court's dedicated conference call line at (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. The parties are reminded to follow the procedures for teleconferences described in the Court's Emergency Individual Rules and Practices in Light of COVID-19, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. ( Telephone Conference set for 11/23/2020 at 03:15 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/13/20) (yv) (Entered: 11/13/2020)
2020-11-2055MOTION for Summary Judgment . Document filed by Central Intelligence Agency..(Cha-Kim, Stephen) (Entered: 11/20/2020)
2020-11-2056MEMORANDUM OF LAW in Support re: 55 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency..(Cha-Kim, Stephen) (Entered: 11/20/2020)
2020-11-2057DECLARATION of Vanna Blaine in Support re: 55 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit Exhibit A - FOIA Request, # 2 Exhibit Exhibit B - Response, # 3 Exhibit Exhibit C - Administrative Appeal).(Cha-Kim, Stephen) (Entered: 11/20/2020)
2020-11-2358LETTER addressed to Judge Jesse M. Furman from Monica Folch dated November 23, 2020 re: Federal Agency Processing Rate Proposals. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command. (Attachments: # 1 DOD - Bennett Decl., # 2 INDOPAC - Perez Decl., # 3 Dept of State - Stein Decl., # 4 Dept of Treasury - Law Decl., # 5 DIA - Brobeck Decl., # 6 ODNI - Koch Decl., # 7 HHS - Gaylord Decl., # 8 CDC - Andoh Decl., # 9 FEMA - Bridges Decl., # 10 FDA - Kotler Decl., # 11 NIH - Garcia-Malene Decl., # 12 DHS - Pavlik-Keenan Decl.).(Folch, Monica) (Entered: 11/23/2020)
2020-11-2359ORDER: As discussed on the record during today's teleconference: 1. In response to Defendants' letter filed earlier today, ECF No. 58, Plaintiff shall file a letter on or before December 2, 2020, not to exceed six single-spaced pages, explaining its position. No reply to Plaintiff's letter will be permitted absent leave of Court. 2. On or before December 2, 2020, the parties shall file a joint proposed order (or, in the absence of agreement, competing proposals along with a redline showing the differences between them) memorializing a minimum production plan to which the parties agree, with the understanding that Plaintiff in its separate filing on the same day will seek a more accelerated schedule. The proposed order should include, inter alia: the processing rate per agency; the date each agency will commence production, if any; what types of documents each agency will prioritize in its production, if appropriate; a process and schedule to keep the Court apprised of the status of production; and a procedure to adjudicate disputes that might arise in the production process. The parties shall email to Chambers a Microsoft Word version of the proposed order(s). SO ORDERED. (Signed by Judge Jesse M. Furman on 11/23/2020) (ks) (Entered: 11/23/2020)
2020-12-0260PROPOSED STIPULATION AND ORDER. Document filed by Open Society Justice Initiative..(Stone, Eric) (Entered: 12/02/2020)
2020-12-0261LETTER addressed to Judge Jesse M. Furman from Eric Alan Stone dated December 2, 2020 re: Response to Defendants' Letter (ECF No. 58). Document filed by Open Society Justice Initiative..(Stone, Eric) (Entered: 12/02/2020)
2020-12-0362STIPULATION AND ORDER. It is hereby stipulated by and between the parties in the two above-captioned consolidated matters and ordered that: The minimum rate at which Defendants will process records responsive to Plaintiff's FOIA requests shall be as follows, with the understanding that either party may seek, by agreement of the parties or leave of the Court, a decrease or increase in the following processing rates based on changed circumstances on the part of the Defendants as further set forth in this Stipulation. The schedule by which Defendants will complete their internal processing and begin making referrals to or consultation with other federal agencies or productions, if any, to Plaintiff shall be as follows, unless otherwise agreed to by the parties or ordered by the Court as further set forth in this Stipulation. The parties shall jointly submit monthly status reports to the Court on the first Thursday of every month, or sooner with leave of the Court, setting forth (i) the status of Defendants' processing, (ii) a statement as to changes, if any, in the circumstances set forth in the Defendants' declarations [Dkt. No. 58-1 through 58-12] affecting the Defendants' capabilities to process records at the rates set forth in Paragraph 1 above, and (iii) any disputes between the parties for which they seek the Court's intervention consistent with the procedure outlined in Paragraph 5. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 12/3/20) Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF (yv) (Entered: 12/03/2020)
2020-12-0763ORDER re: 61 Letter filed by Open Society Justice Initiative: Defendants shall file a reply to Plaintiff's letter, not to exceed five pages, no later than December 10, 2020. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse) (Entered: 12/07/2020)
2020-12-0764TRANSCRIPT of Proceedings re: CONFERENCE held on 11/23/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/28/2020. Redacted Transcript Deadline set for 1/7/2021. Release of Transcript Restriction set for 3/8/2021.Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF.(McGuirk, Kelly) (Entered: 12/07/2020)
2020-12-0765NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/23/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF.(McGuirk, Kelly) (Entered: 12/07/2020)
2020-12-0866LETTER MOTION for Extension of Time to File Cross-Motion and Opposition addressed to Judge Jesse M. Furman from Eric Alan Stone dated December 8, 2020. Document filed by Open Society Justice Initiative..(Stone, Eric) (Entered: 12/08/2020)
2020-12-0867ORDER granting 66 Letter Motion for Extension of Time. The Application is GRANTED. The Clerk of Court is directed to terminate ECF No. 66. SO ORDERED. ( Cross Motions due by 1/27/2021.) (Signed by Judge Jesse M. Furman on 12/8/20) (yv) (Entered: 12/08/2020)
2020-12-08Set/Reset Deadlines: Responses due by 2/10/2021. Replies due by 2/10/2021. (yv) (Entered: 12/08/2020)
2020-12-1068LETTER addressed to Judge Jesse M. Furman from Monica Folch dated December 10, 2020 re: Agency Processing Rates - Reply. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 12/10/2020)
2020-12-1569ORDER: The Court acknowledges that this is an ambitious plan and will impose some burdens on Defendants. But these burdens must be carried to comply with Congress's goal of broad and timely disclosure. See Milner v. Dep't of Navy, 562 U.S. 562, 571 (2011). More broadly, Defendants blame their resistance to Plaintiffs proposed processing rates only in part on the COVID-19 pandemic; they also cite a dramatic rise in the number of FOIA requests over the last few years and insufficient resources to meet those demands. See ECF No. 58, at 3. The Court does not doubt those numbers. But to the extent that the agencies lack the resources needed to satisfy the mandate that Congress has imposed on them, the answer is not for courts to roll over and deny plaintiffs the relief they seek under the law; instead, it is for the agencies to seek, and Congress to provide, the resources needed to actually comply with the law. And as set forth herein. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/15/2020) (ama) (Entered: 12/15/2020)
2021-01-0770JOINT LETTER addressed to Judge Jesse M. Furman from Stephen Cha-Kim dated 1/7/2021 re: Status Update. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Cha-Kim, Stephen) (Entered: 01/07/2021)
2021-01-2771CROSS MOTION for Summary Judgment . Document filed by Open Society Justice Initiative..(Stone, Eric) (Entered: 01/27/2021)
2021-01-2772MEMORANDUM OF LAW in Support re: 71 CROSS MOTION for Summary Judgment . And in Opposition to Central Intelligence Agency's Motion for Summary Judgment [ECF No. 55] . Document filed by Open Society Justice Initiative..(Stone, Eric) (Entered: 01/27/2021)
2021-01-2773DECLARATION of Daniel J. Klein in Support re: 71 CROSS MOTION for Summary Judgment .. Document filed by Open Society Justice Initiative. (Attachments: # 1 Exhibit A-Joint Statement, # 2 Exhibit B-OSJI FOIA Request to CIA, # 3 Exhibit C-CIA Acknowledgment Letter, # 4 Exhibit D-CIA Final Response, # 5 Exhibit E-OSJI FOIA Appeal CIA, # 6 Exhibit F-COVID-19 Dashboard, # 7 Exhibit G-CDC Press Release, # 8 Exhibit H-House Comm. on Oversight and Reform Press Release, # 9 Exhibit I-Subcomm. on Coronavirus Rep., # 10 Exhibit J-Worldwide Threat Assessment, # 11 Exhibit K-Fed. 2018 Worldwide Threat Assessment, # 12 Exhibit L-The World Factbook, # 13 Exhibit M-Members of the IC, # 14 Exhibit N-The Executive Branch).(Klein, Daniel) (Entered: 01/27/2021)
2021-02-0174LETTER MOTION for Extension of Time to File Response/Reply in Support of Motion for Summary Judgment/Opposition to Cross Motion for Summary Judgment addressed to Judge Jesse M. Furman from Stephen Cha-Kim dated 2/1/2021. Document filed by Central Intelligence Agency..(Cha-Kim, Stephen) (Entered: 02/01/2021)
2021-02-0175ORDER: granting (74) Letter Motion for Extension of Time to File Response/Reply re (74 in 1:20-cv-05096-JMF) LETTER MOTION for Extension of Time to File Response/Reply in Support of Motion for Summary Judgment/Opposition to Cross Motion for Summary Judgment addressed to Judge Jesse M. Furman from Stephen Cha-Kim dated 2/1/2021. The Application is GRANTED. Defendant's opposition and reply brief is due February 24, 2021, and Plaintiff's reply brief is due by March 10, 2021. The Clerk of Court is directed to terminate ECF No. 74. SO ORDERED. ( Responses due by 2/24/2021, Replies due by 3/10/2021.) in case 1:20-cv-05096-JMF. (Signed by Judge Jesse M. Furman on 2/01/2021) Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF (ama) (Entered: 02/01/2021)
2021-02-0476LETTER addressed to Judge Jesse M. Furman from Monica Folch dated February 4, 2021 re: Status Report and Request for Relief as to FEMA Processing Rate. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 02/04/2021)
2021-02-0577MEMO ENDORSEMENT on re: (76 in 1:20-cv-05096-JMF) Letter, filed by Department of Defense, Defense Intelligence Agency, Department of State, Office of the Director of National Intelligence, Central Intelligence Agency, United States Indo-Pacific Command, Department of Treasury. ENDORSEMENT: In light of the circumstances, FEMA's production schedule is modified as follows: February 2021: 750 documents; March 2021: 825 documents; April 2021: 900 documents; May 2021: 1,000 documents; June 2021: 1,250 documents. In July and each month thereafter, the number of documents shall increase by 50% until it reaches 2,000 documents. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/5/2021) Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF (ks) (Entered: 02/05/2021)
2021-02-2478REPLY MEMORANDUM OF LAW in Support re: 55 MOTION for Summary Judgment . and in Opposition to Plaintiff's Cross-Motion for Summary Judgment . Document filed by Central Intelligence Agency..(Cha-Kim, Stephen) (Entered: 02/24/2021)
2021-02-2679LETTER MOTION for Extension of Time to File Response/Reply re: Extension of Time to File Reply to Summary Judgment Brief addressed to Judge Jesse M. Furman from Eric Alan Stone dated February 26, 2021. Document filed by Open Society Justice Initiative..(Stone, Eric) (Entered: 02/26/2021)
2021-03-0180ORDER granting 79 Letter Motion for Extension of Time to File Response/Reply re 79 LETTER MOTION for Extension of Time to File Response/Reply re: Extension of Time to File Reply to Summary Judgment Brief addressed to Judge Jesse M. Furman from Eric Alan Stone dated February 26, 2021. The Application is GRANTED. Plaintiff's reply brief is due on March 26, 2021. The Clerk of Court is directed to terminate ECF No. 79. SO ORDERED. Replies due by 3/26/2021. (Signed by Judge Jesse M. Furman on 3/1/2021) (jca) (Entered: 03/01/2021)
2021-03-0481LETTER addressed to Judge Jesse M. Furman from Monica Folch dated March 4, 2021 re: Status Report and Request for Relief as to DOD Processing Rate. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 03/04/2021)
2021-03-0582MEMO ENDORSEMENT on re: (81 in 1:20-cv-05096-JMF) Letter Request for Relief as to DOD Processing Rate, filed by Department of Defense, Defense Intelligence Agency, Department of State, Office of the Director of National Intelligence, Central Intelligence Agency, United States Indo-Pacific Command, Department of Treasury. ENDORSEMENT: After reviewing the parties' joint letter at ECF No. 81, and in light of Plaintiff's consent, the Department of Defense's request is GRANTED. The Department of Defense shall process at least 500 pages for the month of March 2021, and then at least 1,125 pages for the month of April 2021. (In accordance with the Court's Order at ECF No. 69, it shall then produce at least 1,688 pages for the month of May 2021, and then 2,000 pages per month starting in June 2021.) SO ORDERED. (Signed by Judge Jesse M. Furman on 3/5/21) (yv) (Entered: 03/05/2021)
2021-03-2683REPLY MEMORANDUM OF LAW in Support re: 71 CROSS MOTION for Summary Judgment . . Document filed by Open Society Justice Initiative..(Stone, Eric) (Entered: 03/26/2021)
2021-04-0184LETTER addressed to Judge Jesse M. Furman from Stephen Cha-Kim dated 04/01/2021 re: Status Report. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Cha-Kim, Stephen) (Entered: 04/01/2021)
2021-04-0685MEMO ENDORSEMENT on re: (84 in 1:20-cv-05096-JMF) Letter Status Report, filed by Department of Defense, Defense Intelligence Agency, Department of State, Office of the Director of National Intelligence, Central Intelligence Agency, United States Indo-Pacific Command, Department of Treasury. ENDORSEMENT : After reviewing the parties' joint letter, ECF No. 84, and in light of Plaintiff's consent, the Department of Defense's request is GRANTED. The Department of Defense shall process at least 500 pages for the month of April 2021, and then at least 1,125 pages for the month of May 2021. (In accordance with the Court's Order at ECF No. 69, it shall then produce at least 1,688 pages for the month of June 2021, and then 2,000 pages per month starting in July 2021.) SO ORDERED. (Signed by Judge Jesse M. Furman on 4/5/21) Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF (yv) (Entered: 04/06/2021)
2021-05-0686LETTER addressed to Judge Jesse M. Furman from Monica Folch dated May 6, 20201 re: Status Report. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 05/06/2021)
2021-05-0787MEMO ENDORSEMENT on re: (86 in 1:20-cv-05096-JMF) Letter Status Report, filed by Department of Defense, Defense Intelligence Agency, Department of State, Office of the Director of National Intelligence, Central Intelligence Agency, United States Indo-Pacific Command, Department of Treasury. ENDORSEMENT : In light of Plaintiff's consent, the Department of Defense's Application is GRANTED. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/7/21) Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF (yv) (Entered: 05/07/2021)
2021-06-0388JOINT LETTER addressed to Judge Jesse M. Furman from Stephen Cha-Kim dated 6/3/2021 re: Status Report. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Cha-Kim, Stephen) (Entered: 06/03/2021)
2021-07-0189JOINT LETTER addressed to Judge Jesse M. Furman from Monica Folch dated July 1, 2021 re: Status Report. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 07/01/2021)
2021-07-1590OPINION AND ORDER re: 55 MOTION for Summary Judgment, filed by Central Intelligence Agency; 71 CROSS MOTION for Summary Judgment, filed by Open Society Justice Initiative. For the reasons stated above, the CIA's motion for summary judgment is GRANTED and OSJI's summary judgment motion is DENIED with respect to the question of whether an official disclosure waived the CIA's entitlement to issue a Glomar response to Topics 2 and 18 and with respect to the propriety of the CIA's Glomar response to Topics 1-4 and 16. The Court reserves judgment on the propriety of the CIA's Glomar response to Topics 5-15 and 17-21. To the extent that the CIA wishes to defend its Glomar response to any of the remaining sixteen topics, it shall file a supplemental declaration and supplemental memorandum of law, not to exceed ten pages, within three weeks of the date of this Opinion and Order. OSJI shall file any responsive memorandum of law, not to exceed ten pages, within two weeks of the CIA's supplemental submissions. No further briefing will be permitted absent leave of Court. The Clerk of Court is directed to terminate ECF Nos. 55 and 71. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/15/2021) (va) Transmission to Orders and Judgments Clerk for processing. (Entered: 07/15/2021)
2021-07-2891LETTER MOTION for Extension of Time for CIA Supplemental Briefing addressed to Judge Jesse M. Furman from Monica Folch dated July 28, 2021. Document filed by Central Intelligence Agency..(Folch, Monica) (Entered: 07/28/2021)
2021-07-2892ORDER granting (91) Letter Motion for Extension of Time( Brief due by 8/26/2021., Responses to Brief due by 9/9/2021) in case 1:20-cv-05096-JMF. The Application is GRANTED. The CIA's supplemental declaration and brief shall be submitted by August 26, 2021. Plaintiff's response shall be submitted by September 9, 2021. The Clerk of Court is directed to terminate ECF No. 91. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/28/2021) Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF (rj) (Entered: 07/28/2021)
2021-08-0693JOINT LETTER addressed to Judge Jesse M. Furman from Monica Folch dated August 5, 2021 re: Status Report. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 08/06/2021)
2021-08-1994LETTER addressed to Judge Jesse M. Furman from Monica Folch dated August 19, 2021 re: Notice of DIA and DHS Inadvertent Processing Noncompliance and Proposed Corrective Action. Document filed by Defense Intelligence Agency..(Folch, Monica) (Entered: 08/19/2021)
2021-08-2095MEMO ENDORSEMENT on re: (94 in 1:20-cv-05096-JMF) Letter filed by Defense Intelligence Agency. ENDORSEMENT: Application GRANTED. The agencies' processing schedules are hereby modified according to the changes proposed below. (Signed by Judge Jesse M. Furman on 8/19/2021) Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF (tro) (Entered: 08/20/2021)
2021-08-2696SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 55 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency..(Folch, Monica) (Entered: 08/26/2021)
2021-08-2697DECLARATION of Vanna Blaine in Support re: 55 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency..(Folch, Monica) (Entered: 08/26/2021)
2021-09-0298JOINT LETTER addressed to Judge Jesse M. Furman from Monica P. Folch dated September 2, 2021 re: Status Report. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 09/02/2021)
2021-09-0999SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 71 CROSS MOTION for Summary Judgment . And Opposition to 55 Defendant's Motion for Summary Judgment . Document filed by Open Society Justice Initiative..(Stone, Eric) (Entered: 09/09/2021)
2021-09-27100ORDER re: 99 Memorandum of Law in Support of Motion filed by Open Society Justice Initiative: The CIA is granted to leave to file a reply, not to exceed seven pages and to be filed by October 4, 2021, addressing OSJI's argument that the Court should order the CIA to issue a Glomar response only "as to the subcategory of information within the scope of [the] FOIA topics that, if disclosed, could fairly be deemed revelatory of CIA's intelligence interest and operations" and to "produce or otherwise disclose (e.g., in a Vaughn index) the remainder." ECF No. 99 , at 2. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse) (Entered: 09/27/2021)
2021-09-28101LETTER MOTION for Extension of Time to file reply brief addressed to Judge Jesse M. Furman from Monica Folch dated September 28, 2021. Document filed by Central Intelligence Agency..(Folch, Monica) (Entered: 09/28/2021)
2021-09-30102ORDER granting (101) Letter Motion for Extension of Time in case 1:20-cv-05096-JMF. Application GRANTED. The deadline for Defendant CIA to file a reply pursuant to the Court's September 27, 2021 Order, see ECF No. 100, is hereby extended to October 18, 2021. The Clerk of Court is directed to terminate ECF No. 101. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/30/2021) Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF (jca) (Entered: 09/30/2021)
2021-10-07103LETTER addressed to Judge Jesse M. Furman from Monica Folch dated October 7, 2021 re: Status Update. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 10/07/2021)
2021-10-18104REPLY MEMORANDUM OF LAW in Support re: 55 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency. (Attachments: # 1 Second Supplemental Blaine Declaration).(Folch, Monica) (Entered: 10/18/2021)
2021-10-22105MEMORANDUM OPINION AND ORDER. For the reasons stated above and in the Court's July 15, 2021 Opinion and Order, the CIA's motion for summary judgment is GRANTED in full and OSJI's cross-motion for summary judgment is DENIED in full. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/22/21) (yv) Transmission to Orders and Judgments Clerk for processing. (Entered: 10/22/2021)
2021-11-04106JOINT LETTER addressed to Judge Jesse M. Furman from Monica P. Folch dated November 4, 2021 re: Status Report. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 11/04/2021)
2021-12-02107JOINT LETTER addressed to Judge Jesse M. Furman from Monica P. Folch dated December 2, 2021 re: Status Report. Document filed by Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 12/02/2021)
2022-01-06108JOINT LETTER addressed to Judge Jesse M. Furman from Monica Folch dated January 6, 2022 re: Status Report. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 01/06/2022)
2022-02-03109JOINT LETTER addressed to Judge Jesse M. Furman from Stephen Cha-Kim dated 2/3/2022 re: Status Report. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Cha-Kim, Stephen) (Entered: 02/03/2022)
2022-02-07Magistrate Judge Jennifer Willis is so redesignated. (wb) (Entered: 02/07/2022)
2022-02-11110PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Open Society Justice Initiative..(Granzotto, Joseph) (Entered: 02/11/2022)
2022-02-14111NOTICE AND ORDER FOR WITHDRAW OF COUNSEL: PLEASE TAKE NOTICE that upon the annexed declaration of Joseph Granzotto, and subject to the approval of the Court, Joseph Granzotto hereby withdraws as counsel for Plaintiff Open Society Justice Initiative and shall be removed from the Case Management/Electronic Case Files (CM/ECF) notification list in the above-captioned action. Eric Allan Stone and Mark F. Mendelsohn of Paul Weiss, Rifkind, Wharton & Garrison LLP will continue to represent Open Society Justice Initiative in this proceeding. SO ORDERED. Attorney Joseph Granzotto terminated. (Signed by Judge Jesse M. Furman on 2/14/2022) (jca) (Entered: 02/14/2022)
2022-03-03112JOINT LETTER addressed to Judge Jesse M. Furman from Monica Folch dated March 3, 2022 re: Status Report. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 03/03/2022)
2022-04-07113JOINT LETTER addressed to Judge Jesse M. Furman from Stephen Cha-Kim dated 4/7/2022 re: Status Report. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Cha-Kim, Stephen) (Entered: 04/07/2022)
2022-05-05114STATUS REPORT. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 05/05/2022)
2022-05-25115PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Open Society Justice Initiative..(Singh, Amrit) (Entered: 05/25/2022)
2022-05-26116NOTICE AND ORDER FOR WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that upon the annexed declaration of Amrit Singh, and subject to the approval of the Court, Amrit Singh hereby withdraws as counsel for Plaintiff Open Society Justice Initiative and shall be removed from the Case Management/Electronic Case Files (CM/ECF) notification list in the above-captioned matter. Eric Alan Stone and Mark F. Mendelsohn of Paul, Weiss, Rifkind, Wharton & Garrison LLP and James Goldston and Natasha Arnpriester of Open Society Justice Initiative will continue to represent Open Society Justice Initiative in this proceeding. Application GRANTED. The Clerk of Court is directed to update the docket accordingly. SO ORDERED. Attorney Amrit Singh terminated. (Signed by Judge Jesse M. Furman on 5/26/2022) Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF (tg) (Entered: 05/26/2022)
2022-06-02117JOINT LETTER addressed to Judge Jesse M. Furman from Stephen Cha-Kim dated 6/2/2022 re: Status Update. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Cha-Kim, Stephen) (Entered: 06/02/2022)
2022-07-07118STATUS REPORT. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Cha-Kim, Stephen) (Entered: 07/07/2022)
2022-08-04119STATUS REPORT. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Cha-Kim, Stephen) (Entered: 08/04/2022)
2022-09-01120STATUS REPORT. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Cha-Kim, Stephen) (Entered: 09/01/2022)
2022-10-06121STATUS REPORT. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Cha-Kim, Stephen) (Entered: 10/06/2022)
2022-11-03122FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - 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, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command, Centers for Disease Control and Prevention, Department Of Homeland Security, Department of Health and Human Services, Federal Emergency Management Agency, Food and Drug Administration, National Institute of Allergy and Infectious Diseases, National Institutes of Health and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Open Society Justice Initiative. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). .Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF.(Stone, Eric) Modified on 11/4/2022 (nd). (Entered: 11/03/2022)
2022-11-04***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Eric Stone. RE-FILE Document No. (122 in 1:20-cv-05096-JMF, 51 in 1:20-cv-06359-JMF) Stipulation of Voluntary Dismissal,,,,. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed (ink signatures) by all parties who have appeared;. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF(nd) (Entered: 11/04/2022)
2022-11-04123STIPULATION 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, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command, Centers for Disease Control and Prevention, Department Of Homeland Security, Department of Health and Human Services, Federal Emergency Management Agency, Food and Drug Administration, National Institute of Allergy and Infectious Diseases, National Institutes of Health and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Open Society Justice Initiative. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). .Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF.(Mendelsohn, Mark) (Entered: 11/04/2022)
2022-11-07124STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii): IT IS NOW HEREBY STIPULATED AND AGREED AS FOLLOWS: The Actions shall be dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) without costs and without attorneys' fees or conferral of prevailing party status pursuant to FOIA or any other federal statute. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/7/22) Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF (yv) (Entered: 11/07/2022)
2022-11-07Terminate Transcript Deadlines (yv) (Entered: 11/07/2022)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar