Case: ACLU v. FBI

1:11-cv-07562 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 26, 2011

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On October 26, 2011, the ACLU filed a lawsuit in the U.S. District Court for the Southern District of New York against the Department of Justice and the Federal Bureau of Investigation to compel the defendants to comply with its request for documents under the Freedom of Information Act ("FOIA"), 5 U. S. C. § 552. The plaintiff sought the release of any and all records about the government's use and interpretation of USA Patriot Act Section 215 that authorized the government to obtain "any tang…

On October 26, 2011, the ACLU filed a lawsuit in the U.S. District Court for the Southern District of New York against the Department of Justice and the Federal Bureau of Investigation to compel the defendants to comply with its request for documents under the Freedom of Information Act ("FOIA"), 5 U. S. C. § 552. The plaintiff sought the release of any and all records about the government's use and interpretation of USA Patriot Act Section 215 that authorized the government to obtain "any tangible thing" that was "relevant to" a terrorism investigation. The plaintiff alleged that the defendant had violated 5 U.S.C. § 552(a)(3), 552(a)(4), and 552(a)(6) by failing to make responsible efforts to search for the requested records, and failing to grant the plaintiff’s requests for waivers and/or limitations of fees, and failing to promptly process the plaintiff’s request and release the requested records. The plaintiff further alleged that the defendant had wrongfully withheld records under 5 U.S.C. § 552(b)(1) for reasons of national security and that it had exhausted its administrative remedies to obtain them.

On December 9, 2011, Judge William H. Pauley approved the parties’ stipulation to narrow the scope of the plaintiff’s FOIA request to the following documents.

1. Legal opinions or memoranda concerning or interpreting USA Patriot Act Section 215;

2. Guidelines for government personnel regarding the use of USA Patriot Act Section 215;

3. Reports provided to Congress by the defendants concerning the government’s interpretation or use of USA Patriot Act Section 215;

4. Rulings, opinions, or memoranda of the Federal Intelligence Surveillance Court (FISC) concerning USA Patriot Act Section 215; and

5. Legal opinions or memoranda concerning rulings, opinions, or memoranda of the FISC interpreting USA Patriot Act Section 215.

Judge Pauley also issued an order that gave the defendants until March 15, 2012 to process and produce these documents or notify the plaintiff of any complete or partial withholdings of these documents pursuant to FOIA exemptions.

On February 27, 2012, the defendants filed a motion for partial summary judgment regarding a report that had been received by congressional intelligence committees on the intelligence collection authorities authorized under USA Patriot Act Section 215. Judge Pauley had previously held the report to be within the scope of the plaintiff’s FOIA request, and the New York Times had filed a parallel lawsuit against the defendants to obtain it. (New York Times v. Department of Justice). The defendants argued that:

1. They had properly withheld the report under 5 U.S.C. § 552(b)(1) for reasons of national security because public disclosure of the requested report would expose sensitive intelligence sources and methods to adversaries of the United States.

2. They had also properly withheld the report under 5 U.S.C. § 552(b)(3) for being exempted from disclosure by statute because the National Security Act of 1947, as amended by the Intelligence Reform and Terrorism Protection Act of 2004, protected intelligence sources and methods from unauthorized disclosure.

On March 26, 2012, the plaintiff filed a cross motion for partial summary judgment regarding the report that had been received by congressional intelligence committees. It argued that:

3. The report cannot be withheld in its entirety under 5 U.S.C. § 552(b)(1) or 552(b)(3) because it contains “secret law” in the form of the government’s legal interpretation of its authority to collect “any tangible things” pursuant to USA Patriot Act Section 215.

4. The court, at a minimum, should conduct a private judicial review of an unredacted version of the report and order the defendant to the release segregable portions of it that describe the defendants’ legal interpretation of US Patriot Action Section 215.

On May 17, 2012, Judge Pauley, having conducted a private judicial review of the requested report, granted the defendants’ motion for summary judgment. The judge held the defendants had properly withheld the report in its entirety because it contained information that could be used by the United States’ adversaries to threaten its foreign intelligence capacities and all non-exempt portions of the report were inextricably intertwined with the report’s exempt portions that they could not be released in a redacted version of the report (872 F.Supp. 2d. 309).

In the meantime, from March 2012 to August 2012, the defendants released several hundred pages of documents but withheld several documents for reasons of personal privacy, national security, and interagency or intra-agency deliberative process.

On December 13, 2012, the plaintiff limited the scope of its FOIA request to information about the types of information and “tangible things” the government believed Patriot Act Section 215 allowed it to collect and relevance standard the government used to determine whether Section 215 applied.

On February 8, 2013, the defendants released parts of thirty-five documents relating to congressional reports and withhold the remaining parts of these documents under 5 U.S.C. § 552(b)(1) for reasons of national security. The defendants also withheld the following documents in full:

1. Six documents in possession of the FBI under 5 U.S.C. § 552(b)(7)(e) for being law enforcement techniques;

2. The Weich Letter under 5 U.S.C. § 552(b)(1) for reasons of national security;

3. The Census Memorandum under 5 U.S.C. § 552(b)(5) for being part of the interagency or intra-agency deliberative process; and

4. More than Seventy-four documents in possession of the NSD under 5 U.S.C. § 552(b)(1) for reasons of national security; twenty-four related to congressional reporting; nine of which related to internal government communication and analyses; forty of which related to guidelines and training documents; and an unspecified number related to FISC materials, opinions, and/or orders.

The defendants also provided Judge Pauley with a classified Vaughn Index that listed and described the withheld FISC documents for private judicial review. The defendants did not disclose the Vaughn Index to the plaintiff. Finally, the defendants filed a motion for summary judgment on their full and partial withholdings and argued that:

1. They had properly withheld documents for reasons of national security, statutory exemption, deliberative process, and law enforcement techniques, and

2. They had produced all reasonably segregable portions of the documents.

On April 26, 2013, the defendants filed a supplemental memorandum to their motion for summary judgment. They clarified that one of the withheld NSD document was also exempt from disclosure under 5 U.S.C. § 552(b)(5) for being part of the interagency or interagency deliberative process. They also noted that all the NSD documents were also withheld under 5 U.S.C. § 552(b)(3) for reasons of statutory exemption pursuant to the National Security Act of 1947.

On May 10, 2013, the plaintiff further reduced the scope of its FOIA request to the Census Memorandum and all the NSD documents except for the one withheld under 5 U.S.C. § 552(b)(5). The plaintiff also filed a cross motion for summary judgment and argued that:

1. Submitting a classified Vaughn Index for private judicial review without disclosure to the plaintiff, was procedurally improper as the defendants had yet not released a sufficiently detailed public explanation of their withholdings.

2. Legal interpretations of public law were not exempt from disclosure under 5 U.S.C. § 552(b)(1) or 5 U.S.C. § 552(b)(3).

3. FISC rules did not bar the defendants from disclosing FISC opinions under FOIA; and

4. The Census Memorandum could not be withheld as a deliberative product under 5 U.S.C. § 552(b)(5) because it embodied the defendants’ working law, or alternatively, because the defendant had adopted and relied upon it.

On June 6, 2013, the Director of National Intelligence (DNI) decided to declassify certain information related to the “business records” provision of the Foreign Intelligence Surveillance Act in response to publication of FISC orders in the Guardian.

On July 31, 2013, the defendants released parts of two congressional reports to the plaintiff and withheld the remaining parts under 5 U.S.C. § 552(b)(1) for reasons of national security and under 5 U.S.C. § 552(b)(3) for reasons of statutory exemption pursuant to the National Security Act of 1947.

On August 13, 2013, the parties agreed to withdraw their motions for summary judgment because the defendants required additional time to reprocess the documents contested in this lawsuit and determine what effect, if any, the DNI’s declassification decision had on their disclosure.

From September 2013 to January 2014, the defendants released parts of more than a thousand pages from dozens of documents, including parts of several FISC orders and legal opinions.

On February 7, 2014, the plaintiff further revised the scope of its FOIA request to fully withheld FISC opinions or orders that related to bulk collection of any information.

On April 4, 2014, the defendants filed motion for summary judgment and a Vaughn Index that referenced at least eight FISC orders and legal opinions that they were withholding in full and provided justifications for these withholdings. The defendants argued that these orders and opinions were properly withheld under 5 U.S.C. § 552(b)(1) for reasons of national security and under 5 U.S.C. § 552(b)(3) for reasons of statutory exemption pursuant to the National Security Act of 1947.

On May 2, 2014, the plaintiff filed a cross motion for summary judgment. It argued the following:

1. The withheld FISC orders contained legal reasoning and publicly acknowledged information that the government could not withhold under 5 U.S.C. § 552(b)(1) or 5 U.S.C. § 552(b)(3); and

2. Judge Pauley should evaluate the withheld FISC orders listed in the Vaughn Index in a private judicial review.

On July 8, 2014, the defendants released parts of three FISC orders in the public record that the plaintiff had identified as being absent in the Vaughn Index and the defendants had failed to locate in their previous search for documents within the scope of the plaintiff’s revised FOIA request.

On October 6, 2014, Judge Pauley granted in part the defendants’ motion for summary judgment. He found that the defendants did not have to confirm or deny the existence of FISC orders and legal opinions that related solely to the bulk collection of information other than telephone metadata or release these orders and opinions if they existed. Lacking faith in the defendants’ segregation determinations, the Judge also ordered the defendants release the remaining items in their Vaughn Index for private judicial review. (59 F.Supp.3d 584).

On October 24, 2014, the defendants submitted copies of the FISC orders and legal opinions withheld in full for private judicial review. They also filed a supplemental memorandum to their motion for summary judgment. They reiterated their argument that the FISC orders and legal opinions contained no reasonably segregable, disclosable information and were properly withheld in full under 5 U.S.C. § 552(b)(1) for reasons of national security and under 5 U.S.C. § 552(b)(3) for reasons of statutory exemption pursuant to the National Security Act of 1947.

On March 31, 2015, Judge Pauley granted the remaining part of the defendants’ motion for summary judgment. He found that the FISC orders and legal opinions contained no reasonably segregable, disclosable information and were properly withheld in full under 5 U.S.C. § 552(b)(1) for reasons of national security and under 5 U.S.C. § 552(b)(3) for reasons of statutory exemption pursuant to the National Security Act of 1947. (2015 WL 1566775).

The case is closed.

The case is cross-referenced to New York Times v. Department of Justice, which is also closed.

Summary Authors

Jessica Kincaid (6/10/2014)

Chris Opila (4/1/2018)

Related Cases

The New York Times v. United States Department of Justice, Southern District of New York (2011)

ACLU v. Clapper, Southern District of New York (2013)

In re Opinions & Orders of this Court Addressing Bulk Collection of Data under the Foreign Intelligence Surveillance Act [FISA Docket Misc. 13-08, FISCR docket 20-1], Foreign Intelligence Surveillance Court (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4349749/parties/american-civil-liberties-union-v-federal-bureau-of-investigation/


Judge(s)

Pauley, William H. III (New York)

Attorneys(s) for Plaintiff

Abdo, Alex (New York)

Eisenberg, Arthur (New York)

Haddad, Richard Inad (New York)

Haroules, Beth (New York)

Jaffer, Jameel (New York)

Kaufman, Brett Max (New York)

Sims, Charles S. (New York)

Toomey, Patrick Christopher (New York)

Youngs, Stewart Andrew (New York)

Judge(s)

Pauley, William H. III (New York)

Attorneys(s) for Plaintiff

Abdo, Alex (New York)

Eisenberg, Arthur (New York)

Haddad, Richard Inad (New York)

Haroules, Beth (New York)

Jaffer, Jameel (New York)

Kaufman, Brett Max (New York)

Sims, Charles S. (New York)

Toomey, Patrick Christopher (New York)

Youngs, Stewart Andrew (New York)

Attorneys(s) for Defendant

Clopper, John Dalton (New York)

Daughtry, Emily E. (New York)

Documents in the Clearinghouse

Document

1:11-cv-07562

Docket (PACER)

March 31, 2015

March 31, 2015

Docket

1:11-cv-07562

Freedom of Information Act Request

No Court

May 31, 2011

May 31, 2011

FOIA Request
1

1:11-cv-07562

Complaint for Injunctive Relief

Oct. 26, 2011

Oct. 26, 2011

Complaint
23

1:11-cv-06990

Memorandum of Law in Opposition to Plaintiffs' Cross Motions for Summary Judgment and Partial Summary Judgment and in Further Support of the Government's Motion for Summary Judgment and for Partial Summary Judgment

April 23, 2012

April 23, 2012

Pleading / Motion / Brief
31

1:11-cv-07562

Memorandum and Order

872 F.Supp.2d 309

May 17, 2012

May 17, 2012

Order/Opinion
110

1:11-cv-07562

Memorandum & Order

59 F.Supp.3d 584, 2014 WL 4979251

Oct. 6, 2014

Oct. 6, 2014

Order/Opinion
118

1:11-cv-07562

Judgment

March 31, 2015

March 31, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4349749/american-civil-liberties-union-v-federal-bureau-of-investigation/

Last updated Aug. 15, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Federal Bureau of Investigation, United States Department of Justice. (Filing Fee $ 350.00, Receipt Number 465401020156)Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(rdz) (rdz). (Entered: 10/27/2011)

Oct. 26, 2011

Oct. 26, 2011

RECAP
2

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(rdz) (Entered: 10/27/2011)

Oct. 26, 2011

Oct. 26, 2011

PACER
3

AFFIDAVIT OF SERVICE of Summons and Complaint. Federal Bureau of Investigation served on 10/27/2011, answer due 11/17/2011. Service was accepted by Henry Felix-General Counsel & Authorized Agent. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union. (Haddad, Richard) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
4

AFFIDAVIT OF SERVICE of Summons and Complaint. United States Department of Justice served on 10/27/2011, answer due 11/17/2011. Service was accepted by Steffon Edmonds-Mail Clerk & Authorized Agent. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union. (Haddad, Richard) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
5

AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by "Jane Doe", Civil Clerk and authorized agent for service of process upon US ATTORNEY for the SDNY. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (Haddad, Richard) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
6

NOTICE OF CASE ASSIGNMENT to Judge William H. Pauley, III. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

RECAP
7

SCHEDULING ORDER: (1) The Government's brief in support of its motion for summary judgment in 11 Civ. 6990 and in support of its motion for partial summary judgment in 11 Civ. 7562 shall be filed by February 1, 2012; (2) The New York Times' brief in support of its motion for summary judgment in 11 Civ. 6990 and the ACLU's brief in support of its motion for partial summary judgment in 11 Civ. 7562 shall be filed by February 24, 2012; Oral Argument set for 4/20/2012 at 11:00 AM before Judge William H. Pauley III. Status Report due by 1/13/2012. (3) The Government's reply shall be filed by March 16, 2012; (4) This Court will hear oral argument on April 20, 2012, at 11:00 a.m.; and (5) The parties in 11 Civ. 7562 shall submit a joint status report to the Court by January 13, 2012 or earlier. (Signed by Judge William H. Pauley, III on 11/18/2011) (ae) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
8

ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 11/23/2011 re: I write respectfully to request a one-week extension-from November 28, 2011 to December 5, 2011-of the Government's time to file an answer in the above-referenced case. ENDORSEMENT: Application granted. Federal Bureau of Investigation answer due 12/5/2011; United States Department of Justice answer due 12/5/2011. (Signed by Judge William H. Pauley, III on 11/29/2011) (lmb) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

PACER
9

ANSWER to 1 Complaint. Document filed by Federal Bureau of Investigation, United States Department of Justice.(Clopper, John) (Entered: 12/05/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
10

STIPULATION AND ORDER REGARDING FOIA REQUEST: Plaintiffs the American Civil Liberties Union and the American Civil Liberties Union Foundation and defendants Federal Bureau of Investigation and United States Department of Justice hereby stipulate to the following regarding plaintiffs' request made pursuant to the Freedom of Information Act, dated May 31, 2011 and subject to the above-captioned action: The FOIA Request is minted to documents memorializing the following: Legal opinions or memoranda concerning or interpreting Section 215 of the USA Patriot Act; Guidelines for government personnel regarding the use of Section 215; as further set forth in this Stipulation and Order. (Signed by Judge William H. Pauley, III on 12/9/2011) (mro) (Entered: 12/12/2011)

Dec. 9, 2011

Dec. 9, 2011

RECAP
11

ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 1/13/2012 re: The Government requests a one-week extension of time to provide an additional report to the Court regarding the status of the Government's searches for responsive records. ENDORSEMENT: Application granted. So ordered. (Signed by Judge William H. Pauley, III on 1/18/2012) (rjm) (Entered: 01/19/2012)

Jan. 19, 2012

Jan. 19, 2012

PACER
12

ENDORSED LETTER addressed to Judge William H Pauley from John D Clopper dated 1/26/2012 re: Request for the briefing schedule as set forth. ENDORSEMENT: Application granted. The proposed schedule is adopted. (NY Times and ACLUS Cross Motions due by 3/9/2012. Governement's Motion due by 2/22/2012. Government Reply due by 4/6/2012.) (Signed by Judge William H. Pauley, III on 1/27/2012) (cd) (Entered: 01/30/2012)

Jan. 27, 2012

Jan. 27, 2012

PACER
13

ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 2/1/2012 re: I write respectfully to inform the Court of an error in the Government's January 26, 2012 letter requesting an extension of the briefing schedule in these related cases. I respectfully request that the Court approve the corrected dates, as set forth.ENDORSEMENT: Application granted. The Court adopts the revised scheduled above. ( Cross Motions due by 3/16/2012., Motions due by 2/22/2012., Replies due by 4/6/2012.) (Signed by Judge William H. Pauley, III on 2/6/2012) (lmb) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

RECAP
14

MOTION for Partial Summary Judgment. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

PACER
15

MEMORANDUM OF LAW in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

RECAP
16

DECLARATION of Mark A. Bradley in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

PACER
17

NOTICE of Filing of Classified Document re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

PACER
18

ENDORSED LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated 3/2/201 re: counsel writes to request permission to file a corrected copy of the Unclassified Declaration of Mark A. Bradley on ECF. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 3/5/2012) (djc) Modified on 3/14/2012 (djc). (Entered: 03/06/2012)

March 6, 2012

March 6, 2012

RECAP
19

DECLARATION of Mark A. Bradley (Corrected) in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 03/07/2012)

March 7, 2012

March 7, 2012

RECAP
20

ENDORSED LETTER addressed to Judge William H. Pauley, III from Emily Daughtry dated 3/14/12 re: Counsel writes to request an extension of the Federal Bureau of Investigation's time to complete its processing of documents responsive to plaintiff American Civil Liberties Union's FOIA request in the above-referenced case, with a second interim production to be made on 4/15/12 and a final production to be made on 5/15/12. ENDORSEMENT: Application granted. So ordered. (Signed by Judge William H. Pauley, III on 3/19/2012) (mro) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

RECAP
21

ENDORSED LETTER addressed to Judge William H. Pauley, III from Alexander A. Abdo dated 3/16/12 re: Counsel requests a five day extension, from 3/21/12 to 3/26/12, for plaintiffs to file their briefs in support of their cross-motions for summary judgment. ENDORSEMENT: Application granted. So ordered. (Signed by Judge William H. Pauley, III on 3/19/2012) (mro) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

PACER
22

ENDORSED LETTER: addressed to Judge William H. Pauley from John D. Clopper and Emily E. Daughtry dated 3/22/2012 re: Counsel writes to clarify that, subject to the Court's approval, the parties have agreed that the Government's reply brief in the above referenced cases would be due on Monday, April 16, 2012, not Friday, April 13, 2012. ENDORSEMENT: Application Granted. So Ordered., ( Replies due by 4/16/2012.) (Signed by Judge William H. Pauley, III on 3/22/2012) (js) (Entered: 03/23/2012)

March 22, 2012

March 22, 2012

PACER
23

CROSS MOTION for Partial Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Haddad, Richard) (Entered: 03/26/2012)

March 26, 2012

March 26, 2012

PACER
24

MEMORANDUM OF LAW in Support re: 23 CROSS MOTION for Partial Summary Judgment., 14 MOTION for Partial Summary Judgment. Memorandum of Law in Support of Plaintiffs' Cross-Motion for Partial Summary Judgment and in Opposition to the Government's Motion for Partial Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Haddad, Richard) (Entered: 03/26/2012)

March 26, 2012

March 26, 2012

RECAP
25

SCHEDULING ORDER: Oral argument is rescheduled to May 4, 2012 at 10:30 a.m. (Signed by Judge William H. Pauley, III on 4/16/2012) (mro) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
26

ENDORSED LETTER addressed to Judge William H. Pauley III from John D. Clopper and Emily Daughtry dated 4/12/12 re: Counsel requests a one week extension, from 4/16/12 to 4/23/12, for the Government to file its reply brief. ENDORSEMENT: Application granted. So ordered. ( Replies due by 4/23/2012.) (Signed by Judge William H. Pauley, III on 4/16/2012) (mro) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
27

REPLY MEMORANDUM OF LAW in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Clopper, John) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

PACER
28

REPLY AFFIDAVIT of Mark Bradley in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Clopper, John) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

PACER
29

NOTICE of Withdrawal of Richard I. Haddad. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Haddad, Richard) (Entered: 05/07/2012)

May 7, 2012

May 7, 2012

PACER
30

NOTICE OF APPEARANCE by Stuart Andrew Youngs on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation (Youngs, Stuart) (Entered: 05/07/2012)

May 7, 2012

May 7, 2012

PACER
31

MEMORANDUM AND ORDER: For the foregoing reasons, the New York Times' motion for summary judgment and the ACLU's motion for partial summary judgment are denied. The Government's motions for summary judgment in the New York Times action and for partial summary judgment in the ACLU action are granted.The Clerk of the Court is directed to file this Memorandum & Order in both 11 Civ. 6990 and 11 Civ. 7562. The Clerk of the Court is further directed to terminate all pending motions in 11 Civ. 6990 and mark that case closed, and to terminate the motions pending at ECF Nos. 14 and 23 in 11 Civ. 7562.. (Signed by Judge William H. Pauley, III on 5/17/2012) (js) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
32

SCHEDULING ORDER: The parties are directed to appear for a Status Conference set for 7/9/2012 at 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 6/18/2012) (djc) (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

RECAP
33

SCHEDULING ORDER: Counsel for the parties having appeared for a conference on July 9,2012, the following schedule is established on consent: The parties shall submit a proposed case management schedule to the Court by July 20,2012; The parties shall submit a joint status report to the Court by September 27,2012; and The parties are directed to appear for a status conference on October 5, 2012 at 10:00 a.m. SO ORDERED.Status Conference set for 10/5/2012 at 10:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 7/10/2012) (ama) (Entered: 07/11/2012)

July 11, 2012

July 11, 2012

RECAP
34

ENDORSED LETTER addressed to Judge William H. Pauley from John D. Clopper dated 7/20/2012 re: On behalf of both parties to propose a schedule for the Government to provide certain information to the American Civil Liberties Union("ACLU") regarding certain documents withheld by the Government pursuant to various exemptions of the Freedom of Information Act ("FOIA") in the above-referenced case. ENDORSEMENT: Application Granted. The Proposed schedule is adopted. SO ORDERED. (Signed by Judge William H. Pauley, III on 7/24/2012) (ama) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

RECAP
35

ENDORSED LETTER addressed to Judge William H. Pauley, III from Stuart A. Youngs dated 9/27/2012 re: We write on behalf of both parties pursuant to Your Honor's July 10, 2012 scheduling order to submit a joint status report on the above-captioned matter. In light of the following, we also write to respectfully request a one-month adjournment of the parties' status conference that is currently scheduled for October 5, 2012 at 10:00 a.m. ENDORSEMENT: Application granted. The Conference is rescheduled from October 5, 2012 to November 9, 2012 at 12:00 p.m. (Signed by Judge William H. Pauley, III on 10/4/2012) (djc) Modified on 10/5/2012 (djc). (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

RECAP
36

ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 11/07/2012 re: I write respectfully On behalf of all parties to request an adjournment of the status conference currently scheduled tor Friday, November 9, 2012. Accordingly, the parties respectfully request that the Court reschedule the conference for Friday, November 30, 2012. ENDORSEMENT: Application Granted. The Conference is rescheduled to November 30, 2012 at 10:00 a.m. SO ORDERED., ( Status Conference set for 11/30/2012 at 10:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 11/14/2012) (ama) (Entered: 11/14/2012)

Nov. 14, 2012

Nov. 14, 2012

RECAP
37

SCHEDULING ORDER: The following schedule is established on consent. Defendants shall serve and file their motion for summary judgment by January 18, 2013; Plaintiffs shall serve and file their motion for summary judgment and their opposition to Defendants' motion by February 8, 2013; Defendants shall serve and file their opposition to Plaintiffs' motion and any reply by March 1, 2013; Plaintiffs shall serve and file any reply by March 15, 2013; and Motions due by 1/18/2013. Motions due by 2/8/2013. Responses due by 3/1/2013. Replies due by 3/15/2013. Oral Argument set for 4/12/2013 at 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 11/30/2012) (ja) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

RECAP
38

ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper and Emily Daughtry dated 1/16/2013 re: Defense counsels write to respectfully request a two-week extension from January 18, 2013 to February 1, 2013 for the Government to file its motion for summary judgment in the above-referenced case.The Government's brief in support of its motion for summary judgment shall be filed by February 1, 2013; The ACLU's brief in opposition to Government's motion and in support of its cross-motion for summary judgment shall be filed by March 1, 2013; The ACLU's reply brief shall be filed by April 5, 2013. The Government's reply in support of its motion for summary judgment and in opposition to the ACLU's cross-motion shall be filed by March 22, 2013; ENDORSEMENT: Application granted. The proposed revised schedule is adopted. This Court will hear oral argument on April 26, 2013 at 12:00 p.m. ( Responses due by 3/1/2013, Replies due by 2/22/2013.), ( Oral Argument set for 4/26/2013 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 1/24/2013) (ago) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

PACER
39

ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper and Emily Daughtry dated 1/30/2013 re: We write to request an additional one-week extension - from February 1, 2013 to February 8, 2013 - for the Government to file its motion for summary judgment in this case. If the Court grants the Government's request, the new schedule will be as follows: (1) The Government's brief in support of its motion for summary judgment shall befiled by February 8, 2013; (2) The ACLU's brief in opposition to the Government's motion and in support of its cross-motion for summary judgment shall be filed by March 8, 2013; (3) The Government's reply in support of its motion for summary judgment and in opposition to the ACLU's cross-motion shall be filed by March 22, 2013; (4) The ACLU's reply brief shall be filed by April 5, 2013. ENDORSEMENT: Application granted. The proposed revised schedule is adopted. (Responses due by 3/8/2013, Replies due by 4/5/2013.) (Signed by Judge William H. Pauley, III on 2/4/2013) (ft) (Entered: 02/04/2013)

Feb. 4, 2013

Feb. 4, 2013

PACER
40

MOTION for Summary Judgment. Document filed by Federal Bureau of Investigation, United States Department of Justice. Responses due by 3/8/2013(Clopper, John) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
41

MEMORANDUM OF LAW in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

RECAP
42

NOTICE of Classified Filing re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

PACER
43

DECLARATION of Mark Bradley in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

RECAP
44

DECLARATION of Vanessa Brinkmann in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

RECAP
45

DECLARATION of Emily E. Daughtry in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

RECAP
46

DECLARATION of Paul P. Colborn in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

RECAP
47

DECLARATION of David Hardy in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)

Feb. 8, 2013

Feb. 8, 2013

RECAP
48

NOTICE of Withdrawal Of Stuart A. Youngs. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Youngs, Stuart) (Entered: 02/22/2013)

Feb. 22, 2013

Feb. 22, 2013

RECAP
49

ENDORSED LETTER addressed to Judge William H. Pauley III from Charles S. Sims, Esq. dated 2/25/2013 re: Plaintiffs respectfully request an extension of the briefing schedule. The Plaintiffs require additional time to complete their briefing due to the withdrawal of Stuart Youngs. Plaintiffs therefore request an extension as follows: (1) Plaintiffs' cross-motion for summary judgment and opposition to Defendants' motion for summary judgment shall be filed by 4/5/2013. (2) Defendants' opposition to Plaintiffs' cross-motion, and any replyin support of its motion for summary judgment, shall be filed by 4/26/2013. (3)Plaintiffs' reply brief shall be filed by 5/17/2013.ENDORSEMENT: Application granted. The proposed revised schedule is adopted. Oral argument is rescheduled to 5/31/2013 at 2:00 p.m. (Signed by Judge William H. Pauley, III on 3/7/2013) (sac) (Entered: 03/07/2013)

March 7, 2013

March 7, 2013

PACER
50

ENDORSED LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated 3/7/2013 re: We write respectfully to request leave to file the Supplemental Declaration of Mark A. Bradley (the "Supplemental Bradley Declaration"), dated March 7, 2013, in support of the Government's motion for summary judgment in the above-referenced case, filed on February 8, 2013. ENDORSEMENT: Application granted. So ordered. (Signed by Judge William H. Pauley, III on 3/12/2013) (rjm) Modified on 3/12/2013 (rjm). (Entered: 03/12/2013)

March 12, 2013

March 12, 2013

PACER
51

DECLARATION of Mark A. Bradley (Supplemental) in Support re: 40 MOTION for Summary Judgment.. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 03/12/2013)

March 12, 2013

March 12, 2013

RECAP
52

MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF STUART A. YOUNGS. Please withdraw the appearance of Stuart A Youngs as counsel of record for Plaintiffs American Civil Liberties Union and American Civil Liberties Union Foundation. Plaintiffs will continue to be represented by other attorneys at Proskauer Rose LLP who have appearances on file. ENDORSEMENT: So ordered. Attorney Stuart Andrew Youngs terminated. (Signed by Judge William H. Pauley, III on 3/18/2013). (rjm) (Entered: 03/18/2013)

March 18, 2013

March 18, 2013

PACER
53

ENDORSED LETTER addressed to Judge William H. Pauley, III from Charles S. Sims dated 3/29/2013 re: Plaintiffs request an extension of the briefing schedule: Plaintiffs' cross-motion for summary judgment and opposition to Defendants' motion for summary judgment shall be filed by May 3, 2013. Defendants' opposition to Plaintiffs' cross-motion, and any reply in support of its motion for summary judgment, shall be filed by May 23, 2013. Plaintiffs' reply brief shall be filed by June 7, 2013. ENDORSEMENT: Application granted. The proposed revised schedule is adopted. Oral argument is rescheduled to June 21, 2013 at 12:15 p.m. (Oral Argument set for 6/21/2013 at 12:15 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 4/12/2013) (sac) Modified on 4/15/2013 (sac). (Entered: 04/12/2013)

April 12, 2013

April 12, 2013

PACER
54

ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 4/22/2013 re: We write respectfully to request leave to file a supplemental declaration and index and limited additional briefing, no later than this Friday, April 26, 2013, in support of the Government's motion for summary judgment in the above-referenced case. I have spoken with counsel for the ACLU, who consents to this request, provided that the ACLU's due date for its brief be extended by one week, to May 10, 2013 (with the caveat that the ACLU may seek a short additional extension, depending on the nature of the Government's briefing). ENDORSEMENT: Application granted. So ordered. (Signed by Judge William H. Pauley, III on 4/24/2013). (rjm) (Entered: 04/24/2013)

April 24, 2013

April 24, 2013

PACER
55

DECLARATION of Mark A. Bradley in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C)(Clopper, John) (Entered: 04/26/2013)

1 Attachment A

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2 Attachment B

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3 Attachment C

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April 26, 2013

April 26, 2013

RECAP
56

SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 04/26/2013)

April 26, 2013

April 26, 2013

RECAP
57

NOTICE of Supplemental Classified Filing re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 04/26/2013)

April 26, 2013

April 26, 2013

PACER
58

CROSS MOTION for Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Sims, Charles) (Entered: 05/10/2013)

May 10, 2013

May 10, 2013

PACER
59

MEMORANDUM OF LAW in Opposition re: 58 CROSS MOTION for Summary Judgment., 40 MOTION for Summary Judgment. Plaintiffs' Memorandum of Law In Support of Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Sims, Charles) (Entered: 05/10/2013)

May 10, 2013

May 10, 2013

RECAP
60

DECLARATION of Charles S. Sims in Opposition re: 40 MOTION for Summary Judgment.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1-2)(Sims, Charles) (Entered: 05/10/2013)

1 Exhibit 1-2

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May 10, 2013

May 10, 2013

PACER
61

ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 5/21/2013 re: We write respectfully to request a three-week extension-from May 23, 2013 to June 13, 2013-for the Government to file its opposition to the ACLU's cross-motion for summary judgment in the above-referenced case. ENDORSEMENT: Application granted. Oral argument is rescheduled to July 11, 2013 at 10 a.m.. SO ORDERED. ( Responses due by 6/13/2013, Replies due by 6/13/2013.), ( Oral Argument set for 7/11/2013 at 10:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 5/22/2013) (rdz) (Entered: 05/23/2013)

May 22, 2013

May 22, 2013

PACER
62

ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 6/7/2013 re: We write respectfully in regard to the above-referenced case brought pursuant to the Freedom of Information Act ("FOIA") to request that the Court hold the parties' cross-motions for summary judgment in abeyance while the Government assesses the effect, if any, of certain recent events on this case. The Government proposes that the parties file a status report with the Court within 30 days. ENDORSEMENT: Application granted. The parties are directed to submit a status report within 30 days. So ordered. (Signed by Judge William H. Pauley, III on 6/7/2013). (rjm) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

RECAP
63

SCHEDULING ORDER: On June 10, 2013, this Court agreed to hold the parties' motions for summary judgment in abeyance pending Defendant's assessment of the effect on recent events on this action. Attached to this Order is a joint letter from the parties stating their respective positions on the appropriate next steps in this case. The Court will address this issue at the conference scheduled for July 25, 2013 at 12:00 p.m. before Judge William H. Pauley III in the related matter of ACLU v. Clapper, 13 Civ. 3994. (Signed by Judge William H. Pauley, III on 7/19/2013) (mro) (Entered: 07/22/2013)

July 22, 2013

July 22, 2013

PACER
64

NOTICE of Classified Filing. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

PACER
65

TRANSCRIPT of Proceedings re: CONFERENCE held on 7/25/2013 before Judge William H. Pauley, III. Court Reporter/Transcriber: Tara Jones, (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 8/26/2013. Redacted Transcript Deadline set for 9/6/2013. Release of Transcript Restriction set for 11/1/2013.(Rodriguez, Somari) (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

PACER
66

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/25/13 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...(Rodriguez, Somari) (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

PACER
67

ORDER: The Court therefore adopts the following schedule: 1. The Government's reply in support of its motion for summary judgment and its opposition to the ACLU's motion for summary judgment is due September 10, 2013; 2. The ACLU's reply brief is due October 3, 2013; 3. The Court will hear oral argument on October 11, 2013 at 3:00 p.m. In the event the Government declassifies additional documents at issue in this litigation, this Court directs the Government to provide copies to the Court and the ACLU forthwith. (Responses due by 9/10/2013 Replies due by 10/3/2013. Oral Argument set for 10/11/2013 at 03:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/2/2013) (mro) (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
68

LETTER addressed to Judge William H. Pauley III from John D. Clopper and Emily Daughtry dated 7/25/2013 re: Counsel writes to inform the Court that the Government learned of the ACLU's July 16, 2013, letter to the Court yesterday evening after the close of business. Document filed by Federal Bureau of Investigation, United States Department of Justice.(ft) Modified on 8/16/2013 (ft). (mro). (Entered: 08/16/2013)

Aug. 11, 2013

Aug. 11, 2013

RECAP
73

LETTER addressed to Judge William H. Pauley III from Jacqueline Coleman Snead dated 7/16/2013 re: Plaintiffs write to call the Court's attention to an order recently issued by the U.S. District Court for the District of Columbia in another FOIA suit. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(ft) (Entered: 08/19/2013)

Aug. 11, 2013

Aug. 11, 2013

PACER
69

LETTER addressed to Judge William H. Pauley III from John D. Clopper and Emily Daughtry dated 7/26/2013 re: Counsel writes in response to the ACLU's letter of July 16, 2013. Document filed by Federal Bureau of Investigation, United States Department of Justice.(ft) (mro). (Entered: 08/16/2013)

Aug. 11, 2013

Aug. 11, 2013

RECAP
70

LETTER addressed to Judge William H. Pauley III from Jameel Jafer dated 7/29/2013 re: The Court should require the government to conclude its declassification review of the withheld FISC opinions by August 12 and its review of the remainder of the documents by September 12. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(ft) (Entered: 08/16/2013)

Aug. 11, 2013

Aug. 11, 2013

PACER
71

ORDER withdrawing 40 Motion for Summary Judgment; withdrawing 58 Motion for Summary Judgment. The parties' summary judgment motions are withdrawn. The Clerk of Court is directed to strike the motions pending at docket entries 40 & 58. The Government will review the Foreign Intelligence Surveillance Court (FISC) Opinions at issue and release any segreable information not exempt under FOIA by September 10, 2013. The Government will review a second tranche of documents and release any segreable information not exempt under FOIA by October 10, 2013. The Government will review the remaining documents at issue, excluding the FISC orders in the final row of the Government's Vaughn index, and release any segreable information not exempt under FOIA by 10/31/2013. The parties will submit a status report to the Court by 11/8/2013. (Signed by Judge William H. Pauley, III on 8/16/2013) (tro) (Entered: 08/16/2013)

Aug. 16, 2013

Aug. 16, 2013

RECAP
72

LETTER addressed to Judge William H. Pauley, III from Emily Daughtry dated 8/6/13 re: In accordance with the Court's August 2, 2013, Order, the Government is providing the Court with copies of two documents that are responsive to the ACLU's FOIA request in the above-referenced case, as well as associated cover letters to Congress. They were provided to the ACLU on July 31, 2013. The Government has completed its declassification review of these two documents. (mro) (Entered: 08/19/2013)

Aug. 19, 2013

Aug. 19, 2013

RECAP
74

LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated September 12, 2013 re: Order of August 2, 2013. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

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75

STANDING ORDER M10-468: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding. (Signed by Judge Loretta A. Preska on 10/1/2013) ***Original Standing Order docketed in case no. 1:13-mc-00334-LAP, document no. 2 on 10/1/2013.***(tro) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
76

LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated November 25, 2013 re: Status Report. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

PACER
77

MEMO ENDORSEMENT on re: 76 Letter filed by United States Department of Justice. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 11/26/2013) (tro) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

RECAP
78

LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated November 26, 2013 re: Order of August 2, 2013. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

RECAP
79

LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated December 6, 2013 re: status report. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 12/06/2013)

Dec. 6, 2013

Dec. 6, 2013

PACER
80

MEMO ENDORSEMENT on re: 79 Letter filed by United States Department of Justice. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 12/17/2013) (mro) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
81

LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated January 31, 2014 re: status report. Document filed by Federal Bureau of Investigation, United States Department of Justice.(Daughtry, Emily) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

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82

ORDER: The following schedule is established on consent: (1) The Government will file its motion for summary judgment by April 4, 2014; (2) The ACLU will file its opposition to the Government's motion and its own motion for summary judgment by May 2, 2014; (3) The Government will file its reply and opposition brief by May 30, 2014; (4) The ACLU will file its reply brief by June 13, 2014; (5) This Court will hear oral argument on June 20, 2014 at 2:00 p.m., ( Motions due by 5/2/2014., Responses due by 5/30/2014,, Replies due by 6/13/2014.), ( Oral Argument set for 6/20/2014 at 02:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/11/2014) (lmb) (Entered: 03/11/2014)

March 11, 2014

March 11, 2014

RECAP
83

NOTICE OF APPEARANCE by Patrick Christopher Toomey on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 03/12/2014)

March 12, 2014

March 12, 2014

PACER
84

MOTION for Summary Judgment. Document filed by Federal Bureau of Investigation, United States Department of Justice. Responses due by 5/2/2014(Clopper, John) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
85

MEMORANDUM OF LAW in Support re: 84 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
86

DECLARATION of John D. Clopper in Support re: 84 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

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87

DECLARATION of Jennifer L. Hudson in Support re: 84 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Exhibit Vaughn Index)(Clopper, John) (Entered: 04/04/2014)

1 Exhibit Vaughn Index

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April 4, 2014

April 4, 2014

RECAP
88

NOTICE of Classified Filing re: 84 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
89

NOTICE OF APPEARANCE by Brett Max Kaufman on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Kaufman, Brett) (Entered: 05/01/2014)

May 1, 2014

May 1, 2014

PACER
90

CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Sims, Charles) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

PACER
91

MEMORANDUM OF LAW in Support re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment., 84 MOTION for Summary Judgment. Plaintiffs' Memorandum of Law in Support of Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Sims, Charles) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

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92

DECLARATION of Charles S. Sims in Support re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1 to Sims Declaration, # 2 Exhibit 2 to Sims Declaration, # 3 Exhibit 3 to Sims Declaration, # 4 Exhibit 4 to Sims Declaration, # 5 Exhibit 5 to Sims Declaration)(Sims, Charles) (Entered: 05/02/2014)

1 Exhibit 1 to Sims Declaration

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2 Exhibit 2 to Sims Declaration

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3 Exhibit 3 to Sims Declaration

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4 Exhibit 4 to Sims Declaration

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5 Exhibit 5 to Sims Declaration

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May 2, 2014

May 2, 2014

PACER
93

LETTER MOTION to Adjourn Conference addressed to Judge William H. Pauley, III from Emily E. Daughtry dated May 20, 2014. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

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94

ORDER granting 93 Letter Motion to Adjourn Conference. Application granted. The argument is adjourned to 7/18/2014 at 12 pm. Oral Argument set for 7/28/2014 at 12:00 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 5/23/2014) (cd) (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

PACER
95

MEMORANDUM OF LAW in Opposition re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment. . Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
96

DECLARATION of Jennifer L. Hudson in Opposition re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
97

DECLARATION of Diane M. Janosek in Opposition re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
98

REPLY MEMORANDUM OF LAW in Support re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment. . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Sims, Charles) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

PACER
99

DECLARATION of Charles S. Sims in Support re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1 to Sims Declaration, # 2 Exhibit s 2-A, 2-B to Sims Declaration, # 3 Exhibit 3 to Sims Declaration, # 4 Exhibit 4 to Sims Declaration, # 5 Exhibit 5 to Sims Declaration, # 6 Exhibit 6 to Sims Declaration, # 7 Exhibit 7 to Sims Declaration, # 8 Exhibit 8 to Sims Declaration)(Sims, Charles) (Entered: 06/13/2014)

1 Exhibit 1 to Sims Declaration

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2 Exhibit s 2-A, 2-B to Sims Declaration

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3 Exhibit 3 to Sims Declaration

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4 Exhibit 4 to Sims Declaration

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5 Exhibit 5 to Sims Declaration

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6 Exhibit 6 to Sims Declaration

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7 Exhibit 7 to Sims Declaration

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8 Exhibit 8 to Sims Declaration

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June 13, 2014

June 13, 2014

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100

LETTER addressed to Judge William H. Pauley, III from Charles S. Sims dated 6/13/14 re: Pursuant to Rule III(F). Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Sims, Charles) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

PACER

Case Details

State / Territory: New York

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act -- Telephony Metadata

Foreign Intelligence Surveillance Act—Internet Metadata

Foreign Intelligence Surveillance Court

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 26, 2011

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The ACLU

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Bureau of Investigation, Federal

Department of Justice, 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:

Litigation

Issues

General:

Confidentiality

Records Disclosure

Terrorism/Post 9-11 issues