Case: ACLU v. U.S. Department of Justice

1:08-cv-01157 | U.S. District Court for the District of Columbia

Filed Date: July 1, 2008

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On July 1, 2008, the American Civil Liberties Union filed a lawsuit in the United States District Court for the District of Columbia against the U.S. Department of Justice (DOJ) under the Freedom of Information Act (FOIA) and the Federal Declaratory Judgment Act. The plaintiffs asked the court for injunctive and declaratory relief, specifically asking the release of certain records that had previously been requested. The case was assigned to Judge James Robertson.News reports raised the possib…

On July 1, 2008, the American Civil Liberties Union filed a lawsuit in the United States District Court for the District of Columbia against the U.S. Department of Justice (DOJ) under the Freedom of Information Act (FOIA) and the Federal Declaratory Judgment Act. The plaintiffs asked the court for injunctive and declaratory relief, specifically asking the release of certain records that had previously been requested. The case was assigned to Judge James Robertson.

News reports raised the possibility that law enforcement officers were, at least in some circumstances, obtaining cell phone tracking data directly from mobile carriers without obtaining warrants for probable cause from the court. The plaintiffs claimed that on November 29, 2007, they filed FOIA requests with the Drug Enforcement Administration and the Executive Office for United States Attorneys (both part of the DOJ), asking for expedited processing and seeking records about the government's tracking of the location of individuals' mobile phones without first obtaining a warrant based on probable cause. The requests sought all records about defendant's policies, procedures, and practices for obtaining mobile phone location information for law enforcement purposes. They also sought all information on criminal prosecutions of particular individuals who were tracked using mobile phone location data where the government did not secure a prior warrant based on probable cause. Nine months later, plaintiffs claim that defendant never gave them a complete response, failing to reply to administrative appeals, and that DOJ failed to release the records.

Plaintiffs sought an order for defendant to immediately process and provide all outstanding requested records; an injunction from defendant's charging plaintiffs processing fees; a declaratory judgment that the ACLU qualifies as a "representative of the news media" for purposes of fee assessments under the FOIA; and an award for plaintiffs' costs and attorneys' fees.

Defendant filed a motion for summary judgment, and plaintiffs filed a cross-motion for summary judgment. On March 26, 2010, the Court (Judge James Robertson) granted summary judgment to the plaintiffs, as to the identified case names and docket numbers of criminal prosecutions of persons who have been convicted or have entered public guilty pleas. The Court, however, denied the plaintiffs' cross-motion for summary judgment as to the production of docket information in prosecutions of those who were acquitted or whose cases were dismissed or sealed, and denied their request for disclosure of case names in "draft application" and "template application" documents. ACLU v. Dep't of Justice, 698 F. Supp. 2d 163 (D.D.C. 2010).

On September 6, 2011, the Court of Appeals for the District of Columbia Circuit issued an opinion. ACLU v. U.S. Dept. of Justice, 655 F.3d 1 (D.C. Cir. 2011). The Court (in an opinion by Judge Merrick Garland) affirmed the district court's order requiring the disclosure of docket information from criminal cases in which the government prosecuted individuals after obtaining a warrant for cell phone data without showing probable cause, and where those individuals were ultimately convicted or entered public guilty pleas. The Court, however, vacated the remainder of the district court's decision and remanded the case for further development of the record and reconsideration. The Court noted that FOIA includes a strong presumption in favor of disclosure. Here, the Court found that the public interest in disclosure outweighed the marginal privacy intrusion that may occur. However, because the lower court drew a distinction between the permissible and impermissible documents in a way that neither side briefed, the case was remanded to develop the record further to see how many cases existed in the different categories and to gain more information about some of them. The Court also noted that, at oral argument, defendant's counsel had suggested that defendant might be able to provide plaintiffs with the data they really want, rather than disclosing the individual documents. The Court said that might be the basis for a settlement, but that the Court could not consider it because it was not raised in the appellate briefs nor in the district court proceedings.

The case proceeded after reassignment to Judge Jackson, and in April 2012 the defendant moved for summary judgment, which the Court eventually granted on February 15, 2013. The Court explained the case had been remanded solely for the purpose of determining whether withheld records were from cases that resulted in acquittal or that were dismissed or sealed. 923 F. Supp. 2d 310, 313. The Court's initial grant of summary judgment, that is, had not been overturned--or even criticized--in the appellate opinion. Id. at 314. Subsequent information provided by the defendant to the Court revealed the withheld records were from two cases that resulted in acquittal and four that resulted in dismissal. Id. at 313. These facts, the Court held, did not affect the initial grant of summary judgment, and thus it merited reaffirmation. Id. at 311.

Plaintiffs again appealed, arguing disclosure about criminal prosecution is not an invasion of privacy. Thus, plaintiffs contended, defendant could not have demonstrated such a disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy, and the district court had therefore erred in granting summary judgment. Oral argument was held February 20, 2014. On August 20, 2014, the Court of Appeals (Circuit Judges Kavanaugh, Tatel, and dissenting, Brown) affirmed the district court's judgment. The district court dismissed the case with prejudice on February 27, 2015. 700 F.3d 927. The case is now closed.

Summary Authors

Emily Goldman (11/20/2012)

David Postel (3/16/2014)

Elizabeth Heise (11/11/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4210071/parties/american-civil-liberties-union-v-department-of-justice/


Judge(s)

Garland, Merrick B. (District of Columbia)

Ginsburg, Douglas Howard (District of Columbia)

Huvelle, Ellen Segal (District of Columbia)

Jackson, Amy Berman (District of Columbia)

Robertson, James (District of Columbia)

Williams, Stephen Fain (District of Columbia)

Attorneys(s) for Plaintiff

Crump, Catherine (New York)

Sobel, David L. (District of Columbia)

Spitzer, Arthur (District of Columbia)

Attorneys(s) for Defendant

Cooper, Jonathan Gordon (District of Columbia)

Judge(s)

Garland, Merrick B. (District of Columbia)

Ginsburg, Douglas Howard (District of Columbia)

Huvelle, Ellen Segal (District of Columbia)

Jackson, Amy Berman (District of Columbia)

Robertson, James (District of Columbia)

Williams, Stephen Fain (District of Columbia)

Attorneys(s) for Plaintiff

Crump, Catherine (New York)

Sobel, David L. (District of Columbia)

Spitzer, Arthur (District of Columbia)

Attorneys(s) for Defendant

Cooper, Jonathan Gordon (District of Columbia)

Desai, Vikas K. (District of Columbia)

Glass, David M (District of Columbia)

Tyler, John Russell (District of Columbia)

Documents in the Clearinghouse

Document

1:08-cv-01157

Docket [Pacer]

American Civil Liberties Union v. Department of Justice

Feb. 27, 2015

Feb. 27, 2015

Docket
15

1:08-cv-01157

Amended Complaint for Injunctive and Declaratory Relief

American Civil Liberties Union v. Department of Justice

Sept. 11, 2008

Sept. 11, 2008

Complaint
40

1:08-cv-01157

Order

American Civil Liberties Union v. Department of Justice

698 F.Supp.2d 163

March 26, 2010

March 26, 2010

Order/Opinion

1:08-cv-01157

10-05159

Opinion (D.C. Circuit)

American Civil Liberties Union v. United States Justice Department

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

655 F.3d 1

Sept. 6, 2011

Sept. 6, 2011

Order/Opinion
47

1:08-cv-01157

Reassignment of Civil Case

American Civil Liberties Union v. Department of Justice

Dec. 5, 2011

Dec. 5, 2011

Order/Opinion
65

1:08-cv-01157

Memorandum Opinion (Granting DOJ's Motion for Summary Judgment and denying ACLU's Cross-Motion)

American Civil Liberties v. Department of Justice

923 F.Supp.2d 310

Feb. 15, 2013

Feb. 15, 2013

Order/Opinion
65

1:08-cv-01157

Order (Granting Defendant's Motion for Summary Judgment and Denying Plaintiff's Cross-motion for Summary Judgment)

American Civil Liberties v. Department of Justice

Feb. 15, 2013

Feb. 15, 2013

Order/Opinion
70-1

1:08-cv-01157

Appeal from the United States District Court for the District of Columbia

ACLU v. US Department of Justice

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

Aug. 20, 2014

Aug. 20, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4210071/american-civil-liberties-union-v-department-of-justice/

Last updated Aug. 4, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 350, receipt number 4616013446) filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Civil Cover Sheet)(tg, ) (Entered: 07/03/2008)

July 1, 2008

July 1, 2008

RECAP

Summons (3) Issued as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (tg, )

July 1, 2008

July 1, 2008

PACER
2

NOTICE of Appearance by David L. Sobel on behalf of all plaintiffs (Sobel, David) (Entered: 07/03/2008)

July 3, 2008

July 3, 2008

RECAP
3

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Catherine Crump, :Firm- American Civil Liberties Union, :Address- 125 Broad Street, New York, NY 10004. Phone No. - 212-519-7806. Fax No. - 212-549-2651 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Catherine Crump)(Spitzer, Arthur) (Entered: 07/07/2008)

July 7, 2008

July 7, 2008

RECAP
4

ORDER granting only upon condition plaintiffs' motion for pro hac vice appearance of Catherine Crump 3 . Signed by Judge James Robertson on July 9, 2008. (MT) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
5

SUMMONS Returned Executed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. DEPARTMENT OF JUSTICE served on 7/8/2008, answer due 8/7/2008. (Spitzer, Arthur) (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

RECAP
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 07/07/2008. (Spitzer, Arthur) (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

RECAP
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. (Spitzer, Arthur) (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

RECAP
8

NOTICE of Appearance by David Michael Glass on behalf of DEPARTMENT OF JUSTICE (Glass, David) (Entered: 08/07/2008)

Aug. 7, 2008

Aug. 7, 2008

RECAP
9

ANSWER to 1 Complaint by DEPARTMENT OF JUSTICE. Related document: 1 Complaint filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION.(Glass, David) (Entered: 08/07/2008)

Aug. 7, 2008

Aug. 7, 2008

RECAP
10

ORDER that defendant may have 30 days from the date of this order within which to file a dispositive motion, or in the alternative, to file a report setting forth a document production schedule. Signed by Judge James Robertson on August 21, 2008. (MT) (Entered: 08/21/2008)

Aug. 21, 2008

Aug. 21, 2008

RECAP
11

NOTICE of Certification regarding pro hac vice admission of Catherine Crump by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION re 4 Order on Motion for Leave to Appear Pro Hac Vice (Spitzer, Arthur) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
12

MOTION for Leave to File Amended Complaint by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Exhibit Amended Complaint, # 2 Text of Proposed Order Proposed Order)(Crump, Catherine) (Entered: 09/11/2008)

Sept. 11, 2008

Sept. 11, 2008

PACER
13

RESPONSE to 12 MOTION for Leave to File Amended Complaint (Notice of Non-Opposition) filed by DEPARTMENT OF JUSTICE. (Glass, David) Modified to correct entry on 9/17/2008 (tg, ). (Entered: 09/16/2008)

Sept. 16, 2008

Sept. 16, 2008

PACER
14

Unopposed MOTION for Extension of Time to File Scheduling Report by DEPARTMENT OF JUSTICE (Glass, David) (Entered: 09/17/2008)

Sept. 17, 2008

Sept. 17, 2008

PACER

MINUTE ORDER granting plaintiffs' motion for leave to file an amended complaint 12 and granting defendant's unopposed motion for extension of time 14 for 30 days after filing response to the amended complaint to file a scheduling report. Signed by Judge James Robertson on September 19, 2008. (MT)

Sept. 19, 2008

Sept. 19, 2008

PACER
15

AMENDED COMPLAINT against DEPARTMENT OF JUSTICE filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION.(tg, ) (Entered: 09/22/2008)

Sept. 19, 2008

Sept. 19, 2008

Clearinghouse
16

ANSWER to 15 Amended Complaint by DEPARTMENT OF JUSTICE. Related document: 15 Amended Complaint filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION.(Glass, David) (Entered: 10/03/2008)

Oct. 3, 2008

Oct. 3, 2008

PACER
17

STATUS REPORT (Defendant's Scheduling Report) by DEPARTMENT OF JUSTICE. (Glass, David) (Entered: 11/03/2008)

Nov. 3, 2008

Nov. 3, 2008

PACER
18

ORDER that the defendant's scheduling report 17 and the deadlines it proposes are approved. Signed by Judge James Robertson on November 20, 2008. (MT) (Entered: 11/20/2008)

Nov. 20, 2008

Nov. 20, 2008

PACER
19

NOTICE OF SUBSTITUTION OF COUNSEL by David Michael Glass on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Elizabeth J. Shapiro (Glass, David) (Entered: 01/15/2009)

Jan. 15, 2009

Jan. 15, 2009

PACER
20

STATUS REPORT by DEPARTMENT OF JUSTICE. (Glass, David) (Entered: 01/15/2009)

Jan. 15, 2009

Jan. 15, 2009

PACER

NOTICE OF ERROR re 19 Substitution of Counsel; emailed to david.glass@usdoj.gov, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Attorney Tyler is directed to file his notice of apperance using his own login and password. (tg, )

Jan. 16, 2009

Jan. 16, 2009

PACER
21

NOTICE OF SUBSTITUTION OF COUNSEL by John Russell Tyler on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Elizabeth J. Shapiro (Tyler, John) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

PACER
22

ORDER that unless an appropriate motion is filed by plaintiff by 3/6/09, this case will be held as moot and dismissed. Signed by Judge James Robertson on February 27, 2009. (MT) (Entered: 02/27/2009)

Feb. 27, 2009

Feb. 27, 2009

PACER
23

Consent MOTION for Extension of Time to File Response to Court Order of February 27 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

PACER

MINUTE ORDER granting plaintiffs' consented motion for extension of time 23 to March 20, 2009. Signed by Judge James Robertson on March 9, 2009. (MT)

March 9, 2009

March 9, 2009

PACER
24

Consent MOTION Set Briefing Schedule by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Crump, Catherine) (Entered: 03/20/2009)

March 20, 2009

March 20, 2009

PACER

MINUTE ORDER approving and so ordering plaintiffs' consented briefing schedule 24 . Signed by Judge James Robertson on March 26, 2009. (MT)

March 26, 2009

March 26, 2009

PACER
25

NOTICE OF SUBSTITUTION OF COUNSEL by Vikas K. Desai on behalf of DEPARTMENT OF JUSTICE Substituting for attorney David M. Glass (Desai, Vikas) (Entered: 05/26/2009)

May 26, 2009

May 26, 2009

PACER
26

MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 5 (cont.), # 8 Statement of Facts, # 9 Text of Proposed Order)(Desai, Vikas) (Entered: 05/29/2009)

6

View on RECAP

7

View on RECAP

May 29, 2009

May 29, 2009

PACER
27

Joint MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 06/03/2009)

June 3, 2009

June 3, 2009

PACER

MINUTE ORDER granting joint motion for extension of time 27 to 7/20/09 for the opposition and to 8/19/09 for the reply. Signed by Judge James Robertson on June 4, 2009. (MT)

June 4, 2009

June 4, 2009

PACER
28

Consent MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Summary Judgment by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Crump, Catherine) (Entered: 07/15/2009)

July 15, 2009

July 15, 2009

PACER

MINUTE ORDER granting plaintiffs' consented motion for extension of time 28 to July 24, 2009 for an opposition and to August 24, 2009 for a reply. Signed by Judge James Robertson on July 15, 2009. (MT)

July 15, 2009

July 15, 2009

PACER
29

Cross MOTION for Summary Judgment by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit)(Crump, Catherine) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
30

Memorandum in opposition to re 26 MOTION for Summary Judgment and in support of Plaintiffs' Cross-motion for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Text of Proposed Order, # 2 Declaration, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18)(Crump, Catherine) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
31

MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Desai, Vikas) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

PACER

MINUTE ORDER granting defendant's motion for extension of time 31 to August 31, 2009. Signed by Judge James Robertson on August 18, 2009. (MT)

Aug. 18, 2009

Aug. 18, 2009

PACER
32

REPLY to opposition to motion re 26 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Desai, Vikas) Modified on 9/1/2009 to correct linkage (rdj). (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

PACER
33

Memorandum in opposition to re 29 Cross MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Desai, Vikas) (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER
34

Consent MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION for Summary Judgment by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Crump, Catherine) (Entered: 09/02/2009)

Sept. 2, 2009

Sept. 2, 2009

PACER

MINUTE ORDER granting plaintiff's consented motion for extension of time 34 to September 25, 2009. Signed by Judge James Robertson on September 8, 2009. (MT) Modified on 9/8/2009 to correct date (rdj).

Sept. 8, 2009

Sept. 8, 2009

PACER
35

REPLY to opposition to motion re 29 Cross MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Crump, Catherine) (Entered: 09/25/2009)

Sept. 25, 2009

Sept. 25, 2009

PACER
36

SUPPLEMENTAL MEMORANDUM to re 29 Cross MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Crump, Catherine) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

PACER
37

NOTICE of Change of Address by David L. Sobel (Sobel, David) (Entered: 11/17/2009)

Nov. 17, 2009

Nov. 17, 2009

PACER
38

SUPPLEMENTAL MEMORANDUM to re 29 Cross MOTION for Summary Judgment, 26 MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION. (Crump, Catherine) (Entered: 01/14/2010)

Jan. 14, 2010

Jan. 14, 2010

PACER
39

MEMORANDUM. Signed by Judge James Robertson on March 26, 2010. (MT) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

RECAP
40

ORDER granting in part and denying in part defendant's motion for summary judgment 26 ; granting in part and denying in part plaintiffs' cross-motion for summary judgment 29 . Signed by Judge James Robertson on March 26, 2010. (MT) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

Clearinghouse
41

NOTICE OF APPEAL as to 40 Order on Motion for Summary Judgment, by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION. Filing fee $ 455, receipt number 0090-2188944. Fee Status: Fee Paid. Parties have been notified. (Crump, Catherine) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

PACER
42

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 41 Notice of Appeal. (rdj) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

PACER
43

NOTICE OF APPEAL as to 40 by DEPARTMENT OF JUSTICE. Fee Status: No Fee Paid. Parties have been notified. (Desai, Vikas) Modified on 5/26/2010 to add linkage (rdj). (Entered: 05/25/2010)

May 25, 2010

May 25, 2010

PACER

USCA Case Number 10-5159 for 41 Notice of Appeal, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION. (rdj)

May 26, 2010

May 26, 2010

PACER
44

Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the fee was an Appeal by the Government re 43 Notice of Appeal. (rdj) (Entered: 05/26/2010)

May 26, 2010

May 26, 2010

PACER

USCA Case Number 10-5167 for 43 Notice of Appeal filed by DEPARTMENT OF JUSTICE. (rdj)

May 28, 2010

May 28, 2010

PACER
45

NOTICE OF SUBSTITUTION OF COUNSEL by Jonathan Gordon Cooper on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Vikas Desai (Cooper, Jonathan) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

PACER
46

MANDATE of USCA (certified copy) as to 43 Notice of Appeal filed by DEPARTMENT OF JUSTICE. Ordered and Adjudged that the judgment of the District Court appealed from in these causes is hereby affirmed in part, vacated in part, and the case is remanded, in accordance with the opinion of the court filed herein this date. USCA Case Number 10-5159. (ls) (Entered: 12/01/2011)

Nov. 30, 2011

Nov. 30, 2011

Clearinghouse
48

MANDATE of USCA (certified copy) as to 43 Notice of Appeal filed by DEPARTMENT OF JUSTICE ; USCA Case Number 10-5159. ORDERED and Adjudged that the judgment of the District Court appealed from in these causes is hereby affirmed in part, vacated in part, and the case is remamded, in accordance with the opinion of the court filed herein this date. (ls, ) (Entered: 12/13/2011)

Nov. 30, 2011

Nov. 30, 2011

PACER

Case randomly reassigned to Judge Ellen S. Huvelle. Judge James Robertson no longer assigned to the case. (ds)

Dec. 2, 2011

Dec. 2, 2011

PACER
47

Case randomly reassigned to Judge Amy Berman Jackson. Judge Ellen S. Huvelle no longer assigned to the case. (ds) (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

Clearinghouse

MINUTE ORDER. The parties are ORDERED to submit a joint status report by January 11, 2012 at 5:00 pm setting forth their joint position on whether they intend to pursue the settlement option described in the D.C. Circuit's opinion and on how and according to what schedule they would propose to proceed in light of the opinion. If the parties are unable to reach a joint position, they may set forth their respective separate positions. A status conference is scheduled for January 18, 2012 at 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson. Signed by Judge Amy Berman Jackson on 12/15/11. (lcabj1)

Dec. 15, 2011

Dec. 15, 2011

PACER

Set/Reset Deadlines/Hearings: Joint Status Report due by 1/11/2012 at 5:00 PM If the parties are unable to reach a joint position, they may set forth their respective separate positions. A Status Conference is scheduled for 1/18/2012 at 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson. (jth)

Dec. 19, 2011

Dec. 19, 2011

PACER
49

MOTION to Enforce Mandate by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
50

ERRATA - Omitted attachment to Motion to Enforce Mandate - Copy of Court of Appeals decision - by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION 49 MOTION to Enforce Mandate filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION. (Spitzer, Arthur) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
51

Memorandum in opposition to re 49 MOTION to Enforce Mandate filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Cooper, Jonathan) (Entered: 12/23/2011)

Dec. 23, 2011

Dec. 23, 2011

PACER
52

Consent MOTION for Extension of Time to File Status Report and To Reset Date of Status Conference by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Cooper, Jonathan) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER

MINUTE ORDER granting 52 Consent Motion for Extension of Time to File Status Report and To Reset Status Conference. The status report will be due 1/24/2012 and the status conference will be rescheduled for 1/25/2012. Signed by Judge Amy Berman Jackson on 1/11/2012. (MT)

Jan. 11, 2012

Jan. 11, 2012

PACER

Set/Reset Deadlines/Hearings: Status Report is due by 1/24/2012. The Status Conference is rescheduled for 1/25/2012 at 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson. (jth)

Jan. 12, 2012

Jan. 12, 2012

PACER
53

STATUS REPORT and Request To Reschedule January 25 Status Conference by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, DEPARTMENT OF JUSTICE. (Cooper, Jonathan) (Entered: 01/24/2012)

Jan. 24, 2012

Jan. 24, 2012

PACER

Set/Reset Hearings: The Status Conference presently scheduled for 1/25/2012 at 10:00 AM is rescheduled for 2/8/2012 at 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson. (jth)

Jan. 24, 2012

Jan. 24, 2012

PACER
54

MOTION to Continue Status Conference scheduled for January 25, 2012 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, DEPARTMENT OF JUSTICE. (See Docket Entry 53 to view document) (jf, ) (Entered: 01/25/2012)

Jan. 24, 2012

Jan. 24, 2012

PACER

MINUTE ORDER Granting 54 Motion to Continue Status Conference, which was contained in the Status Report filed on 1/24/2012. The Status Conference is rescheduled for Wednesday, 2/8/2012 at 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson. Signed by Judge Amy Berman Jackson on 1/25/2012. (jth)

Jan. 25, 2012

Jan. 25, 2012

PACER

Minute Entry for proceedings held before Judge Amy Berman Jackson: Status Conference held on 2/8/2012. Defendant's completion of document production and In Camera submissions to the Court due by 2/24/2012; Plaintiffs notice of the contesting of withheld documents due by 3/9/2012; Joint Status Report and proposed briefing schedule due by 3/16/2012. (Court Reporter Pat Kaneshiro-Miller) (jth)

Feb. 8, 2012

Feb. 8, 2012

PACER
55

NOTICE of Filing Documents for In Camera Inspection and Status Report by DEPARTMENT OF JUSTICE (Cooper, Jonathan) (Entered: 02/24/2012)

Feb. 24, 2012

Feb. 24, 2012

PACER
56

RESPONSE re Status Conference, Set Deadlines,, filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Crump, Catherine) (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

PACER
57

STATUS REPORT and Proposed Briefing Schedule by DEPARTMENT OF JUSTICE. (Cooper, Jonathan) (Entered: 03/16/2012)

March 16, 2012

March 16, 2012

PACER

MINUTE ORDER re 57 Status Report and Proposed Briefing Schedule filed by DEPARTMENT OF JUSTICE. Defendant's dispositive motion will be due 4/27/2012. The opposition to the dispositive motion and a cross-motion will be due 5/25/2012. The reply to the opposition to the dispositive motion and the opposition to the cross-motion will be due 6/22/12. The reply to the opposition to the cross-motion will be due 7/13/2012. Signed by Judge Amy Berman Jackson on 3/19/2012. (MT, )

March 19, 2012

March 19, 2012

PACER

Set/Reset Deadlines: Defendant's Dispositive Motion is due by 4/27/2012; Opposition to Dispositive Motion and Cross Motion is due by 5/25/2012; Reply to Dispositive Motion and Opposition to Cross Motion is due by 6/22/2012; Reply to the Cross Motion is due by 7/13/2012. (jth)

March 19, 2012

March 19, 2012

PACER

MINUTE ORDER denying as moot 49 Motion to Enforce Mandate. In light of the Court's Minute Order dated March 19, 2012 setting out a briefing schedule, it is ORDERED that plaintiff's motion to enforce mandate is DENIED as moot. Signed by Judge Amy Berman Jackson on 4/12/12. (lcabj1)

April 12, 2012

April 12, 2012

PACER
58

MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Text of Proposed Order)(Cooper, Jonathan) Modified on 5/29/2012 (jf, ). (Entered: 04/27/2012)

1 Memorandum in Support

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2 Statement of Facts

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3 Declaration

View on RECAP

4 Text of Proposed Order

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April 27, 2012

April 27, 2012

RECAP
59

Memorandum in opposition to re 58 Second MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
60

Cross MOTION for Summary Judgment by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Spitzer, Arthur) Modified on 5/29/2012 (jf, ). (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
61

MOTION for Extension of Time to File Response/Reply as to 60 Cross MOTION for Summary Judgment, 58 MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Cooper, Jonathan) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER

MINUTE ORDER granting 61 Motion for Extension of Time to File Reply re 58 MOTION for Summary Judgment and Response re 60 Cross MOTION for Summary Judgment. The reply to the motion for summary judgment and opposition/response to the cross-motion for summary judgment will be due 6/29/2012. Signed by Judge Amy Berman Jackson on 6/15/2012. (MT)

June 15, 2012

June 15, 2012

PACER
62

Memorandum in opposition to re 60 Cross MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Cooper, Jonathan) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
63

REPLY to opposition to motion re 60 Cross MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Cooper, Jonathan) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
64

REPLY to opposition to motion re 60 Cross MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Spitzer, Arthur) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
65

ORDER granting 58 Motion for Summary Judgment; denying 60 Cross-Motion for Summary Judgment. Signed by Judge Amy Berman Jackson on 2/15/13. (lcabj1) (Entered: 02/15/2013)

Feb. 15, 2013

Feb. 15, 2013

Clearinghouse
66

MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 2/15/13. (lcabj1) (Entered: 02/15/2013)

Feb. 15, 2013

Feb. 15, 2013

RECAP
67

NOTICE OF APPEAL TO DC CIRCUIT COURT re 66 MEMORANDUM OPINION, 65 Order by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Filing fee $ 455, receipt number 0090-3230100. Fee Status: Fee Paid. Parties have been notified. (Crump, Catherine) Modified on 2/26/2013 (jf, ). (Entered: 02/25/2013)

Feb. 25, 2013

Feb. 25, 2013

PACER
68

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 67 Notice of Appeal to DC Circuit Court,. (jf, ) (Entered: 02/26/2013)

Feb. 26, 2013

Feb. 26, 2013

PACER

NOTICE OF ERROR re 67 Notice of Appeal to DC Circuit Court; emailed to ccrump@aclu.org, cc'd 12 associated attorneys -- The PDF file you docketed contained errors: 1. Chnages made - make sure to select the document being appealed (jf, )

Feb. 26, 2013

Feb. 26, 2013

PACER

USCA Case Number 13-5064 for 67 Notice of Appeal to DC Circuit Court, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION. (jf, )

Feb. 28, 2013

Feb. 28, 2013

PACER
69

ORDER of USCA (certified copy) as to 67 Notice of Appeal to DC Circuit Court, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION ; USCA Case Number 13-5064. Upon consideration of the motion for summary consideration of the propriety of remand, the opposition thereto, and the reply, it is ORDERED that the motion be denied. (kb, ) (Entered: 07/17/2013)

July 17, 2013

July 17, 2013

PACER
70

MANDATE of USCA (certified copy) as to 67 Notice of Appeal to DC Circuit Court, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION ; ORDERED and ADJUDGED that the judgment of the District Court appealed from in this cause is hereby affirmed, in accordance with the opinion of the court filed herein this date. USCA Case Number 13-5064. (Attachments: # 1 USCA Opinion) (md, ) (Entered: 08/28/2014)

1 USCA Opinion

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Aug. 20, 2014

Aug. 20, 2014

RECAP
71

MOTION for Extension of Time to File motion for an award of attorneys' fees by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 09/02/2014)

1 Text of Proposed Order

View on RECAP

Sept. 2, 2014

Sept. 2, 2014

RECAP

MINUTE ORDER granting 71 Motion for Extension of Time to File Motion for an Award of Attorneys' Fees. In light of the reasons provided in the motion for an extention of time, it is ORDERED that any motion for attorneys' fees is due on or before November 3, 2014. Signed by Judge Amy Berman Jackson on 9/3/2014. (lcabj1)

Sept. 3, 2014

Sept. 3, 2014

PACER

Set/Reset Deadlines: Any Motion for Attorneys' Fees is due by 11/3/2014. (jth)

Sept. 3, 2014

Sept. 3, 2014

PACER
72

NOTICE of Appearance by David Michael Glass on behalf of DEPARTMENT OF JUSTICE (Glass, David) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

PACER
73

Consent MOTION for Extension of Time to File motion for fees and costs by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/30/2014)

1 Text of Proposed Order

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Oct. 30, 2014

Oct. 30, 2014

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 1, 2008

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The American Civil Liberties Union is a nationwide, non-profit, non-partisan organization with over 500,000 members dedicated to the constitutional principles of liberty and equality. The American Civil Liberties Union Foundation is a separate nonprofit organization that educates the public about civil liberties and employs lawyers who provide free legal representation in cases involving civil liberties.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Justice, Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

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 yet

Source of Relief:

None

Issues

General:

Records Disclosure