Case: ACLU v. Central Intelligence Agency

1:10-cv-00436 | U.S. District Court for the District of Columbia

Filed Date: Jan. 3, 2010

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On January 3, 2010, the American Civil Liberties Union filed a Freedom of Information Act (FOIA) request to the government seeking disclosure of documents related to the Central Intelligence Agency's (CIA) use of predator drones for the purpose of targeted killings of individuals, including a United States citizen. The Departments of Defense, Justice, and State provided some records but the CIA denied the request in a "Glomar" response, which declines either to confirm or deny the existence of …

On January 3, 2010, the American Civil Liberties Union filed a Freedom of Information Act (FOIA) request to the government seeking disclosure of documents related to the Central Intelligence Agency's (CIA) use of predator drones for the purpose of targeted killings of individuals, including a United States citizen. The Departments of Defense, Justice, and State provided some records but the CIA denied the request in a "Glomar" response, which declines either to confirm or deny the existence of any records. The ACLU filed an administrative appeal to the CIA in April 2010, but the agency failed to make a determination within the FOIA statutorily established timeline.

The ACLU filed suit on June 1, 2010 against the government in the United States District Court for the District of Columbia, alleging violations of the FOIA, 5 U.S.C. § 552(a) and requesting injunctive relief in the form of disclosure of the requested documents. Under court supervision, the Departments of Defense, Justice, and State conferred with the ACLU and produced documents according to a mutually agreeable schedule.

The CIA, however, moved for summary judgment in October 2010, arguing that whether it possessed the documents was itself exempt from disclosure under FOIA exemptions. The CIA argued that admitting the very existence of the documents would reveal whether it was involved or interested in drone strikes, which was classified information. The ACLU cross-filed for summary judgment and asserted that the CIA Director and other officials had already publicly acknowledged the existence of the drone program. The district court granted the CIA's motion for summary judgment on September 9, 2011. American Civil Liberties Union v. Dep't of Justice, 808 F. Supp. 2d 280 (D.D.C. 2011).

The ACLU appealed to the United States Court of Appeals for the District of Columbia on November 9, 2011. The D.C. Circuit Court found the CIA's Glomar response was not justified. American Civil Liberties Union v. Central Intelligence Agency, 710 F.3d 422 (D.C. Cir. 2013). Citing numerous examples of public statements by U.S. officials like the President and CIA Director, the court found it "implausible that the CIA does not possess a single document on the subject of drone strikes." 710 F.3d at 430. In March 2013, the case was remanded to the district court for determination of the kinds of documents that the CIA possesses and whether exemptions apply to those documents.

In May, the district court ordered briefing for summary judgment, following the recommendation of the CIA's briefing schedule. The schedule was delayed multiple times due to a series of government budget crises in the Fall of 2013. On February 12, 2014, the ACLU sent a notice to the court of a congressional transcript where the CIA publicly acknowledged drone operations. The court ordered a supplemental brief from the CIA regarding this public disclosure.

On, June 6, 2014, the court granted the CIA's motion to stay the proceedings until the completion of any further review of a recent decision in the Second Circuit that involved FOIA requests for some similar types of records. New York Times Co. v. DOJ, 752 F.3d 123 (2nd Cir., April 21, 2014). The Second Circuit revised and superseded their opinion on June 23, 2014, finding that the government's secrecy and privilege had been waived for some of the documents containing legal analysis relating to drone strikes. New York Times Co. v. DOJ, 756 F.3d 100 (2nd Cir., July 10, 2014).

On July 25, 2014, the court granted the defendant's request to dismiss the summary judgment motion. The court also found that the recent developments required further briefing and denied the ACLU's partial summary judgment without prejudice and scheduled further briefing.

On November 25, 2014, the CIA moved for summary judgement. In response, the ACLU filed a cross-motion for summary judgment.

On June 18, 2015, the district court granted summary judgment and denied ACLU's cross-motion for summary judgment. The court held that the CIA had demonstrated that it has not withheld any segregable, non-exempt materials other than previously disclosed White Paper and therefore denied ACLU’s request that it order the CIA to do so. 109 F.Supp.3d 220. On July 29, 2015, the ACLU appealed.

On April 21, 2016, the DC Court of Appeals affirmed the judgement of the District Court, holding that the records were properly classified and therefore withheld under FOIA Exemption. 640 Fed.Appx. 9.

On October 14, 2016, the court dismissed the case with prejudice.

Summary Authors

Elizabeth Homan (10/7/2013)

Neil Tiwari (10/25/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4497841/parties/american-civil-liberties-union-v-department-of-justice/


Judge(s)

Collyer, Rosemary M. (District of Columbia)

Garland, Merrick B. (District of Columbia)

Griffith, Thomas Beall (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Jaffer, Jameel (New York)

Kaufman, Brett Max (New York)

Manes, Jonathan (New York)

Shamsi, Hina (New York)

Spitzer, Arthur (District of Columbia)

Judge(s)

Collyer, Rosemary M. (District of Columbia)

Garland, Merrick B. (District of Columbia)

Griffith, Thomas Beall (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Jaffer, Jameel (New York)

Kaufman, Brett Max (New York)

Manes, Jonathan (New York)

Shamsi, Hina (New York)

Spitzer, Arthur (District of Columbia)

Wessler, Nathan Freed (New York)

Wizner, Ben (New York)

Attorneys(s) for Defendant

Brinkmann, Beth S (District of Columbia)

Collette, Matthew M. (District of Columbia)

Delery, Stuart F. (District of Columbia)

Elliott, Stephen McCoy (District of Columbia)

Hancock, Catherine Y (District of Columbia)

Machen, Ronald C (District of Columbia)

Powell, Amy E. (District of Columbia)

Samp, Richard A. (District of Columbia)

Shapiro, Elizabeth J. (District of Columbia)

West, Tony (District of Columbia)

Other Attorney(s)

Popeo, Daniel J. (District of Columbia)

Sampson, Richard (Maryland)

Documents in the Clearinghouse

Document

Docket [PACER]

ACLU v. Department of Justice

Oct. 14, 2016 Docket
1

Complaint for Injunctive Relief

American Civil Liberties Union v. Department of Justice

March 16, 2010 Complaint
11

Amended Complaint for Injunctive Relief

American Civil Liberties Union v. Department of Justice

June 1, 2010 Complaint
15

Defendant CIA's Motion for Summary Judgment

American Civil Liberties Union v. Department of Justice

Oct. 1, 2010 Pleading / Motion / Brief
18

Brief of Washington Legal Foundation and Allied Educational Foundation as Amici Curiae in Support of Defendant CIA's Motion for Summary Judgment

American Civil Liberties Union v. Department of Justice

Oct. 19, 2010 Pleading / Motion / Brief
35

Order

American Civil Liberties Union v. Department of Justice

Sept. 9, 2011 Order/Opinion
34

Memorandum Opinion

American Civil Liberties Union v. Department of Justice

808 F.Supp.2d 280

Sept. 9, 2011 Order/Opinion
38

Stipulation Regarding Voluntary Dismissal of Claims Against Certain Parties

American Civil Liberties Union v. Department of Justice

Oct. 26, 2011 Settlement Agreement

[DOJ Appellate Brief]

ACLU v. CIA

U. S. Court of Appeals for the District of Columbia Circuit

May 21, 2012 Pleading / Motion / Brief
41

Order

American Civil Liberties Union v. Central Intelligence Agency

U. S. Court of Appeals for the District of Columbia Circuit

July 11, 2012 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4497841/american-civil-liberties-union-v-department-of-justice/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE ( Filing fee $ 350, receipt number 4616028263) filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 03/16/2010)

1 Civil Cover Sheet

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March 16, 2010 RECAP

SUMMONS (5) Issued as to DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (rdj)

March 16, 2010 PACER
2

SUMMONS Returned Executed as to US Attorney, served on 3/16/2010, answer due 4/15/2010. (Spitzer, Arthur) Modified on 3/17/2010 to edit the parties (dr). (Entered: 03/17/2010)

March 17, 2010 PACER
3

NOTICE of Appearance by Amy E. Powell on behalf of DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 03/26/2010)

March 26, 2010 RECAP
4

SUMMONS Returned Executed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. DEPARTMENT OF JUSTICE served on 3/22/2010, answer due 4/21/2010. (Spitzer, Arthur) (Entered: 04/02/2010)

April 2, 2010 RECAP
5

SUMMONS Returned Executed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. DEPARTMENT OF DEFENSE served on 3/29/2010, answer due 4/28/2010. (Spitzer, Arthur) (Entered: 04/02/2010)

April 2, 2010 PACER
6

SUMMONS Returned Executed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. DEPARTMENT OF STATE served on 3/24/2010, answer due 4/23/2010. (Spitzer, Arthur) (Entered: 04/02/2010)

April 2, 2010 PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 03/22/2010. (Spitzer, Arthur) (Entered: 04/02/2010)

April 2, 2010 PACER
8

Unopposed MOTION for Extension of Time to File Answer by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 04/09/2010)

April 9, 2010 RECAP

MINUTE ORDER granting 8 Defendants' Unopposed Motion for Extension of Time to Answer. Defendants shall file their answer or otherwise respond to the complaint no later than May 6, 2010. Signed by Judge Rosemary M. Collyer on 4/12/10. (lcrmc2)

April 12, 2010 PACER

Set/Reset Deadlines/Hearings: Answer to complaint due by 5/6/2010. (cdw)

April 12, 2010 PACER
9

Unopposed MOTION for Extension of Time to File Answer by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 05/04/2010)

May 4, 2010 RECAP

MINUTE ORDER granting 9 Defendants' Unopposed Motion for Extension of Time to Answer. Defendants shall file an Answer or otherwise respond to the Complaint no later than May 19, 2010. If Plaintiffs file an amended Complaint on or before May 19, 2010, Defendants will then have fourteen (14) days from the filing of the amended Complaint to file an Answer or otherwise respond to the amended Complaint. Signed by Judge Rosemary M. Collyer on 5/5/2010. (lcrmc2)

May 5, 2010 PACER

Set/Reset Deadlines/Hearings: Answer to complaint due by 5/19/2010. (cdw)

May 5, 2010 PACER
10

Joint MOTION to Amend/Correct Order on Motion for Extension of Time to Answer, by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 05/14/2010)

May 14, 2010 PACER

MINUTE ORDER granting 10 Defendants' Unopposed Motion for an Extension of Time. Plaintiffs will, if they determine it necessary, file an amended complaint no later than June 1, 2010. If Plaintiffs file an amended complaint, Defendants shall file an answer or other response no later than June 15, 2010. If Plaintiffs do not file an amended complaint by June 1, 2010, Defendants shall file an answer or other response to the complaint no later than June 4, 2010. Signed by Judge Rosemary M. Collyer on 5/14/2010. (lcrmc2)

May 14, 2010 PACER
11

AMENDED COMPLAINT against DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE, CENTRAL INTELLIGENCE AGENCY filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION.(znmw, ) (Entered: 06/02/2010)

June 1, 2010 RECAP
12

ANSWER to 11 Amended Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. Related document: 11 Amended Complaint filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION.(Powell, Amy) (Entered: 06/15/2010)

June 15, 2010 PACER

MINUTE ORDER requiring the parties to file a joint proposed dispositive motion briefing schedule no later than July 1, 2010. Signed by Judge Rosemary M. Collyer on 6/16/2010. (lcrmc2)

June 16, 2010 PACER

Set/Reset Deadlines/Hearings: Joint Proposed Dispositive Motion Briefing Schedule due by 7/1/2010. (cdw)

June 16, 2010 PACER
13

STATUS REPORT Proposed Briefing Schedule, jointly filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Powell, Amy) (Entered: 07/01/2010)

July 1, 2010 PACER

MINUTE ORDER. The parties shall file a joint status report by no later than July 16, 2010, to inform the Court as to the Defendants' search for and production of documents responsive to the Plaintiffs' FOIA request. Defendant CIA shall file a motion for summary judgment by no later than October 1, 2010. Plaintiffs shall file an opposition by no later than November 1, 2010. Defendant CIA may file a reply by no later than December 1, 2010. The parties are advised that no extensions of time will be granted. Signed by Judge Rosemary M. Collyer on 7/1/2010. (lcrmc2)

July 1, 2010 PACER
14

STATUS REPORT, jointly filed, with proposed order by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Powell, Amy) (Entered: 07/16/2010)

July 16, 2010 RECAP

MINUTE ORDER. The Court approves the proposed schedule detailed in the parties' Joint Status Report [Dkt. # 14] and hereby ORDERS that the parties file a joint status report by no later than December 6, 2010. Defendant Department of Justice shall complete its search for responsive records by no later than September 14, 2010. Department of Justice and the Plaintiffs shall then confer and notify the Court of the proposed production schedule. Defendant Department of State shall complete its search for responsive records by no later than October 14, 2010 and shall begin a rolling production of responsive records to the Plaintiffs by no later than November 24, 2010. Defendant Department of Defense shall complete all searches for responsive records by November 15, 2010. Signed by Judge Rosemary M. Collyer on 7/28/2010. (lcrmc2) Modified on 7/30/2010 (cdw).

July 28, 2010 PACER
15

MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Declaration of Mary Ellen Cole, # 2 Exhibits A - E to Declaration of Mary Ellen Cole, # 3 Text of Proposed Order)(Powell, Amy) (Entered: 10/01/2010)

1 Declaration of Mary Ellen Cole

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2 Exhibits A - E to Declaration of Mary Ellen Cole

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3 Text of Proposed Order

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Oct. 1, 2010 PACER
16

MOTION for Leave to File Amicus Brief by WASHINGTON LEGAL FOUNDATION, ALLIED EDUCATIONAL FOUNDATION (Attachments: # 1 Text of Proposed Order, # 2 Proposed 7.1, # 3 Proposed Amici Curiae)(rdj) (Entered: 10/15/2010)

Oct. 15, 2010 PACER
17

NOTICE of Consent to Motion for Leave to File Amicus Brief by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION re 16 MOTION for Leave to File (Spitzer, Arthur) (Entered: 10/19/2010)

Oct. 19, 2010 PACER

MINUTE ORDER granting 16 Washington Legal Foundation and the Allied Educational Foundation's consent motion for leave to file amicus curiae brief. Signed by Judge Rosemary M. Collyer on 10/19/2010. (lcrmc2)

Oct. 19, 2010 PACER
18

AMICUS BRIEF by ALLIED EDUCATIONAL FOUNDATION, WASHINGTON LEGAL FOUNDATION. (rdj) (Entered: 10/19/2010)

Oct. 19, 2010 PACER
19

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ALLIED EDUCATIONAL FOUNDATION, WASHINGTON LEGAL FOUNDATION identifying Corporate Parent NONE for ALLIED EDUCATIONAL FOUNDATION, WASHINGTON LEGAL FOUNDATION. (rdj) (Entered: 10/19/2010)

Oct. 19, 2010 PACER
20

Memorandum in opposition to re 15 MOTION for Summary Judgment by Defendant CIA, filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Declaration of Alexander Abdo, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 11/01/2010)

Nov. 1, 2010 PACER
21

Cross MOTION for Partial Summary Judgment against Defendant CIA, by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Alexander Abdo, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 11/01/2010)

1 Declaration of Alexander Abdo

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2 Text of Proposed Order

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Nov. 1, 2010 RECAP
22

REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Powell, Amy) (Entered: 11/30/2010)

Nov. 30, 2010 RECAP
23

Memorandum in opposition to re 21 Cross MOTION for Partial Summary Judgment against Defendant CIA, filed by CENTRAL INTELLIGENCE AGENCY. (Powell, Amy) (Entered: 11/30/2010)

Nov. 30, 2010 PACER

MINUTE ORDER. Plaintiffs may file a reply in support of the cross-motion for partial summary judgment against Defendant CIA 21 by no later than December 17, 2010. Signed by Judge Rosemary M. Collyer on 12/1/2010. (lcrmc2)

Dec. 1, 2010 PACER

Set/Reset Deadlines: Reply in support of the cross-motion for partial summary judgment due by 12/17/2010. (tcb)

Dec. 1, 2010 PACER
24

STATUS REPORT (JOINT) by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/06/2010)

1 Text of Proposed Order

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Dec. 6, 2010 RECAP

MINUTE ORDER. Pursuant to the joint status report 24, the parties, with the exception of Defendant Central Intelligence Agency, are ORDERED to file a joint status report by no later than January 21, 2011. The status report shall inform the Court of the progress of production and propose a mutually agreeable production schedule. Defendants shall continue with production on a rolling basis to the fullest extent possible. Signed by Judge Rosemary M. Collyer on 12/7/2010. (lcrmc2)

Dec. 7, 2010 PACER

Set/Reset Deadlines/Hearings: Joint Status Report due by 1/21/2011. (cdw)

Dec. 7, 2010 PACER
25

REPLY to opposition to motion re 21 Cross MOTION for Partial Summary Judgment against Defendant CIA, filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Spitzer, Arthur) (Entered: 12/17/2010)

Dec. 17, 2010 RECAP
26

STATUS REPORT by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 01/21/2011)

Jan. 21, 2011 PACER
27

SCHEDULING ORDER: Counsel will meet and confer, and the parties willl file a Status Report with the Court on July 15, 2011, informing the Court as to the status of production, and, if the parties can reach agreement, setting out a mutually agreeable briefing schedule. See order for further details. Signed by Judge Rosemary M. Collyer on January 24, 2011. (cdw) (Entered: 01/27/2011)

Jan. 26, 2011 PACER
28

NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Exhibit Newsweek article)(Spitzer, Arthur) (Entered: 03/29/2011)

March 29, 2011 PACER
29

Unopposed MOTION for Extension of Time to complete FOIA processing by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 05/12/2011)

May 12, 2011 PACER

MINUTE ORDER granting 29 Defendant Department of Defense's unopposed motion for an extension of time. The Court's January 24, 2011 Scheduling Order 27 is MODIFIED as follows: Defendant Department of Defense shall use its best efforts to complete processing by May 20, 2011. Signed by Judge Rosemary M. Collyer on 5/12/2011. (lcrmc2)

May 12, 2011 PACER
30

Unopposed MOTION for Extension of Time to complete FOIA processing by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 06/28/2011)

June 28, 2011 PACER

MINUTE ORDER granting 30 Defendants' consent motion for an extension of time. The Court's January 24, 2011 Scheduling Order 27 is MODIFIED as follows: Defendant Department of State shall use best efforts to complete processing by July 14, 2011. The parties shall then meet and confer and file a joint status report by July 29, 2011, indicating the status of production and proposing a mutually agreeable briefing schedule. Signed by Judge Rosemary M. Collyer on 6/28/2011. (lcrmc2)

June 28, 2011 PACER

Set/Reset Deadlines/Hearings: Joint Status Report due by 7/29/2011. (cdw)

June 28, 2011 PACER
31

Consent MOTION for Extension of Time to File joint status report and proposed briefing schedule by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 07/26/2011)

July 26, 2011 PACER

MINUTE ORDER granting 31 Plaintiffs' Motion for Extension of Time. By no later than August 12, 2011, the parties shall file a joint status report proposing a mutually agreeable briefing schedule. Signed by Judge Rosemary M. Collyer on 7/26/2011. (lcrmc2)

July 26, 2011 PACER

Set/Reset Deadlines/Hearings: Joint Status Report due by 8/12/2011. (cdw)

July 26, 2011 PACER
32

STATUS REPORT, filed jointly by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Powell, Amy) (Entered: 08/12/2011)

Aug. 12, 2011 PACER
33

ORDER directing the parties to file a Status Report with the Court by 10/26/2011. See order for further details. Signed by Judge Rosemary M. Collyer on August 15, 2011. (cdw) (Entered: 08/16/2011)

Aug. 16, 2011 PACER
34

MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 9/9/2011. (lcrmc2) (Entered: 09/09/2011)

Sept. 9, 2011 RECAP
35

ORDER granting 15 defendant Central Intelligence Agency's motion for summary judgment and denying 21 Plaintiffs' motion for partial summary judgment against the Central Intelligence Agency. Accordingly, the Central Intelligence Agency is hereby DISMISSED as a defendant. Signed by Judge Rosemary M. Collyer on 9/9/2011. (lcrmc2) (Entered: 09/09/2011)

Sept. 9, 2011 PACER
36

Unopposed MOTION for Extension of Time to Produce Draft Vaughn Indices by DEPARTMENT OF DEFENSE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 09/09/2011)

Sept. 9, 2011 PACER

MINUTE ORDER granting 36 defendants' consent motion for an extension of time. The Court's August 15, 2011 Scheduling Order 33 is modified as follows: By no later than September 16, 2011, defendant Department of Defense shall provide Plaintiffs a draft Vaughn index and defendant Department of State shall provide Plaintiffs a partial draft Vaughn index. All other deadlines remain the same. Signed by Judge Rosemary M. Collyer on 9/12/2011. (lcrmc2)

Sept. 12, 2011 PACER
37

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nathan Freed Wessler, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, NY NY 10004. Phone No. - (212) 519-7847. Fax No. - 212-549-2651 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Nathan Freed Wessler, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/11/2011)

Oct. 11, 2011 PACER

MINUTE ORDER granting 37 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Rosemary M. Collyer on 10/13/2011. (lcrmc2)

Oct. 13, 2011 PACER
38

STIPULATION of Dismissal as to Department of Defense, Department of Justice, and Department of State, by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE. (Spitzer, Arthur) (Entered: 10/26/2011)

Oct. 26, 2011 RECAP
39

NOTICE OF APPEAL as to 35 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Filing fee $ 455, receipt number 0090-2728622. Fee Status: Fee Paid. Parties have been notified. (Spitzer, Arthur) (Entered: 11/09/2011)

Nov. 9, 2011 RECAP
40

Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 39 Notice of Appeal. (rdj) (Entered: 11/10/2011)

Nov. 10, 2011 PACER

USCA Case Number 11-5320 for 39 Notice of Appeal, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION. (rdj)

Nov. 18, 2011 PACER
41

ORDER of USCA as to 39 Notice of Appeal to DC Circuit Court, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION ; USCA Case Number 11-5320. ORDERED that the motion be denied. (kb) (Entered: 07/11/2012)

July 11, 2012 RECAP
42

MANDATE of USCA (certified copy) as to 39 Notice of Appeal to DC Circuit Court, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION ; ORDERED and ADJUDGED that the judgement of the District Court appealed from in this cause is hereby reversed and the case is remanded for further proceedings, in accordance with the opinion of the court filed herein this date. USCA Case Number 11-5320. (md, ) (Entered: 05/09/2013)

May 8, 2013 PACER

MINUTE ORDER. Following receipt of the 42 USCA Mandate, it is hereby ORDERED that this case is REOPENED. The parties shall meet and confer and file a proposed joint briefing schedule on the issues on remand no later than May 24, 2013. Signed by Judge Rosemary M. Collyer on 5/10/2013.(lcrmc2)

May 10, 2013 PACER
43

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brett Max Kaufman, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York NY 10004. Phone No. - 212.549.2603. Fax No. - 212.549.2654 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Brett Kaufman, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 05/15/2013)

May 15, 2013 RECAP
44

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Hina Shamsi, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York NY 10004. Phone No. - 212.284.7321. Fax No. - 12.549.2654 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Hina Shamsi, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 05/15/2013)

May 15, 2013 RECAP
45

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jameel Jaffer, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York NY 10004. Phone No. - 212.519.7814. Fax No. - 212.549.2654 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Jameel Jaffer, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 05/15/2013)

1 Declaration of Jameel Jaffer

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2 Text of Proposed Order

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May 15, 2013 RECAP

MINUTE ORDER granting 43 Motion for Leave to Appear Pro Hac Vice as to attorney Brett Max Kaufman. Signed by Judge Rosemary M. Collyer on 5/21/2013. (lcrmc2)

May 21, 2013 PACER

MINUTE ORDER temporarily granting 44 Motion for Leave to Appear Pro Hac Vice as to Hina Shamsi. Ms. Shamsi has been admitted pro hac vice in this Court four times in the past two years. Her motion for pro hac vice admission in this case is granted conditionally pending her application for admission to the bar of this Court. Signed by Judge Rosemary M. Collyer on 5/21/2013. (lcrmc2)

May 21, 2013 PACER

MINUTE ORDER temporarily granting 45 Motion for Leave to Appear Pro Hac Vice as to Jameel Jaffer. Mr. Jaffer has been admitted pro hac vice in this Court four times in the past two years. His motion for pro hac vice admission in this case is granted conditionally pending his application for admission to the bar of this Court. Signed by Judge Rosemary M. Collyer on 5/21/2013. (lcrmc2)

May 21, 2013 PACER
46

STATUS REPORT RESPONDING TO MAY 10, 2013 MINUTE ORDER OF THE COURT by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Shamsi, Hina) (Entered: 05/24/2013)

May 24, 2013 RECAP

MINUTE ORDER. Upon consideration of the parties' 46 Joint Status Report, it is ordered that, no later than August 9, 2013, Defendant CIA shall file its motion for summary judgment. Plaintiffs may file a cross-motion and response no later than September 13, 2013; Defendant CIA may file its opposition and reply no later than October 11, 2013. The Court anticipates that briefing will be conducted as scheduled without any extensions to either party. Signed by Judge Rosemary M. Collyer on 5/28/2013. (lcrmc2)

May 28, 2013 PACER

Set/Reset Deadlines/Hearings: CIA's Summary Judgment motion due by 8/9/2013. Response to Motion for Summary Judgment due by 9/13/2013. Reply to Motion for Summary Judgment due by 10/11/2013. Plaintiff's Cross Motion due by 9/13/2013. Response to Cross Motion due by 10/11/2013. (cdw)

May 28, 2013 PACER
47

MOTION to Withdraw as Attorney by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Wessler, Nathan) (Entered: 06/03/2013)

June 3, 2013 PACER
48

MOTION to ClarifyBriefing Schedule by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 06/03/2013)

1 Text of Proposed Order

View on RECAP

June 3, 2013 RECAP

MINUTE ORDER. 48 ACLU's motion to clarify is DENIED. The Court has adopted the normal progression of briefs in FOIA cases. Should future good cause exist for additional briefs, either party can submit a motion at that time. Signed by Judge Rosemary M. Collyer on 6/3/2013. (lcrmc2)

June 3, 2013 PACER

MINUTE ORDER granting 47 Motion to Withdraw as Attorney as to Nathan Freed Wessler. Signed by Judge Rosemary M. Collyer on 6/3/2013.(lcrmc2)

June 3, 2013 PACER
49

WITHDRAWN PER MINUTE ORDER FILED 7/25/2014.....MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Martha Lutz, # 3 Declaration of Amy Powell)(Powell, Amy) Modified on 7/29/2014 (zmm, ). (Entered: 08/09/2013)

1 Text of Proposed Order

View on RECAP

2 Declaration of Martha Lutz

View on RECAP

3 Declaration of Amy Powell

View on RECAP

Aug. 9, 2013 RECAP
50

NOTICE of Lodging Classified Material by DEPARTMENT OF DEFENSE, DEPARTMENT OF JUSTICE, DEPARTMENT OF STATE (Powell, Amy) (Entered: 08/09/2013)

Aug. 9, 2013 PACER
51

Cross MOTION for Partial Summary Judgment by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Shamsi, Hina) (Entered: 09/13/2013)

Sept. 13, 2013 RECAP
52

RESPONSE re 51 Cross MOTION for Partial Summary Judgment, 49 MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Shamsi, Hina) (Entered: 09/13/2013)

Sept. 13, 2013 PACER
53

Unopposed MOTION to Stay Briefing Deadline in Light of Lapse of Appropriations by CENTRAL INTELLIGENCE AGENCY (Powell, Amy) (Entered: 10/01/2013)

Oct. 1, 2013 RECAP

MINUTE ORDER granting as unopposed 53 Defendants' Motion to Stay. This case is STAYED until Congress authorizes funding so that Department of Justice attorneys may resume their usual civil litigation functions. See 31 U.S.C. ยง 1342. Upon such authorization, Defendants shall inform the Court and propose a deadline for filing their omnibus reply/opposition brief. Signed by Judge Rosemary M. Collyer on 10/1/2013. (lcrmc2)

Oct. 1, 2013 PACER

Case Stayed. (cdw)

Oct. 1, 2013 PACER

MINUTE ORDER. Due to the unanticipated length of the lapse of government appropriations, this case remains STAYED. No later than seven days after the government shutdown ends, the parties shall file a revised joint proposed schedule for Defendants' omnibus reply/opposition brief. The stay will be automatically lifted without further court order upon the end of the shutdown. Signed by Judge Rosemary M. Collyer on 10/8/2013. (lcrmc2)

Oct. 8, 2013 PACER

Case Stayed. (cdw)

Oct. 8, 2013 PACER
54

NOTICE of Restored Funding and Joint Proposed Schedule by DEPARTMENT OF JUSTICE (Powell, Amy) (Entered: 10/18/2013)

Oct. 18, 2013 RECAP

MINUTE ORDER granting the 54 Joint Proposed Schedule. Defendants' Reply Memorandum in support of their 49 Motion for Summary Judgment shall be filed no later than 11/1/13. The Court will take Plaintiffs' request for oral argument under advisement. Signed by Judge Rosemary M. Collyer on 10/18/13. (lcrmc1)

Oct. 18, 2013 PACER

Set/Reset Deadlines/Hearings: Reply to Motion for Summary Judgment due by 11/1/2013. (cdw) Modified on 10/21/2013 (zcdw).

Oct. 18, 2013 PACER
55

REPLY to opposition to motion re 51 Cross MOTION for Partial Summary Judgment, 49 MOTION for Summary Judgment and Opposition to Cross-motion filed by CENTRAL INTELLIGENCE AGENCY. (Powell, Amy) (Entered: 11/01/2013)

Nov. 1, 2013 PACER
56

NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Shamsi, Hina) (Entered: 02/12/2014)

Feb. 12, 2014 PACER

MINUTE ORDER. The CIA is hereby directed to file a supplemental brief, no later than April 30, 2014, addressing 56 Plaintiffs' Notice of Supplemental Authority. Plaintiffs may reply to CIA's submission no later than May 14, 2014. The briefs on this issue are not to exceed ten pages. Signed by Judge Rosemary M. Collyer on 4/9/2014. (lcrmc1)

April 9, 2014 PACER

Set/Reset Deadlines/Hearings: CIA's supplemental brief due by 4/30/2014. Plaintiffs' reply brief due by 5/14/2014. (cdw)

April 9, 2014 PACER
57

NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Jaffer, Jameel) (Entered: 04/22/2014)

April 22, 2014 RECAP
58

MOTION to Stay Proceedings by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Powell, Amy) (Entered: 04/29/2014)

1 Text of Proposed Order

View on PACER

April 29, 2014 PACER
59

Memorandum in opposition to re 58 MOTION to Stay Proceedings filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Jaffer, Jameel) (Entered: 05/01/2014)

1 Text of Proposed Order

View on PACER

May 1, 2014 RECAP

MINUTE ORDER taking under advisement 58 CIA's Motion to Stay the Proceedings. It is further ordered that CIA shall file a supplemental brief, no later than June 2, 2014, addressing 56 Plaintiffs' Notice of Supplemental Authority. Plaintiffs may reply to CIA's submission no later than June 16, 2014. The briefs on this issue are not to exceed ten pages. Signed by Judge Rosemary M. Collyer on 5/19/2014. (lcrmc1)

May 19, 2014 PACER

Set/Reset Deadlines/Hearings: CIA's supplemental brief due by 6/2/2014. Plaintiffs reply due by 6/16/2014. (cdw)

May 19, 2014 PACER

State / Territory: District of Columbia

Case Type(s):

National Security

Key Dates

Filing Date: Jan. 3, 2010

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The American Civil Liberties Union.

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Justice, Federal

Department of Defense, Federal

Department of State, Federal

Central Intelligence Agency, Federal

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Confidentiality

International law

Records Disclosure

Terrorism/Post 9-11 issues