Case: ACLU v. Office of Dir. of National Intelligence

1:10-cv-04419 | U.S. District Court for the Southern District of New York

Filed Date: June 3, 2010

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On June 3, 2010, the ACLU filed this lawsuit against the Office of the Director of National Intelligence (ODNI) requesting an injunction requiring compliance with a FOIA request submitted to the ODNI on November 18, 2009. The original FOIA request included requests for records in seven categories, all related to the government's surveillance programs authorized under FISA Amendments Act § 702 (FAA § 702). For an overview of FAA § 702 surveillance programs, see <a href="http://www.clearinghouse.…

On June 3, 2010, the ACLU filed this lawsuit against the Office of the Director of National Intelligence (ODNI) requesting an injunction requiring compliance with a FOIA request submitted to the ODNI on November 18, 2009. The original FOIA request included requests for records in seven categories, all related to the government's surveillance programs authorized under FISA Amendments Act § 702 (FAA § 702). For an overview of FAA § 702 surveillance programs, see

Summary Authors

Edward Mroczkowski (5/4/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4347797/parties/american-civil-liberties-union-v-office-of-the-director-of-national/


Judge(s)

Sullivan, Richard Joseph (New York)

Attorneys(s) for Plaintiff

Abdo, Alex (New York)

Arterburn, Jennifer (Washington)

Balin, Robert D. (New York)

Bayard, Samuel (New York)

Dunn, Christopher (New York)

Eisenberg, Arthur (New York)

Goodman, Melissa (New York)

Jaffer, Jameel (New York)

Johnson, Bruce E.H. (Washington)

Judge(s)

Sullivan, Richard Joseph (New York)

Attorneys(s) for Plaintiff

Abdo, Alex (New York)

Arterburn, Jennifer (Washington)

Balin, Robert D. (New York)

Bayard, Samuel (New York)

Dunn, Christopher (New York)

Eisenberg, Arthur (New York)

Goodman, Melissa (New York)

Jaffer, Jameel (New York)

Johnson, Bruce E.H. (Washington)

London, Ronald G (District of Columbia)

Attorneys(s) for Defendant

Fornos, Carolina A. (New York)

Pellegrino, Louis Anthony (New York)

Torrance, Benjamin H. (New York)

Documents in the Clearinghouse

Document

Docket [Pacer]

ACLU v. ODNI

March 30, 2012 Docket
1

Complaint for Injunctive Relief

ACLU v. ODNI

2010 WL 2339316

June 3, 2010 Complaint
45

Opinion and Order

ACLU v. ODNI

2011 WL 5563520

Nov. 15, 2011 Order/Opinion
52

Memorandum and Order

ACLU v. ODNI

2012 WL 1117114

March 30, 2012 Order/Opinion

Resources

Title Description External URL

ACLU v. Office of the Director of National Intelligence - Declaration of David M. Hardy

ACLU

Litigation Document April 25, 2011 https://www.aclu.org/...

Guest Post: New Resource — Civil Rights Litigation Clearinghouse FISA Archives

Margo Schlanger

Obviously there have been load of disclosures about FISA matters over the past year—between the Snowden documents, the FOIA-driven ODNI declassifications, the FISA Court’s nifty new on-line docket, a… June 26, 2014 http://justsecurity.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4347797/american-civil-liberties-union-v-office-of-the-director-of-national/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Office of the Director of National Intelligence, Department of Justice, National Security Agency/Central Security Service, Department of Defense. (Filing Fee $ 350.00, Receipt Number 905701)Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(rdz) (Entered: 06/04/2010)

June 3, 2010 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: 06/04/2010)

June 3, 2010 PACER
3

NOTICE OF APPEARANCE by Melissa Goodman on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation (Goodman, Melissa) (Entered: 06/07/2010)

June 7, 2010 PACER
4

ORDER: IT IS HEREBY ORDERED THAT Defendants shall answer or otherwise respond to the complaint by August 5, 2010. IT IS FURTHER ORDERED THAT the parties shall appear for a status conference on August 19, 2010 at 11:00 a.m. in Courtroom 21C of the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED THAT, by August 11, 2010 at 4:00 p.m., the parties shall jointly submit a letter, not to exceed five (5) pages, providing the following information set forth within this Order in separate paragraphs. IT IS FURTHER ORDERED THAT, by August 11, 2010 at 4:00 p.m., the parties shall submit to the Court a proposed case management plan and scheduling order. (Signed by Judge Richard J. Sullivan on 7/2/2010) (jfe) (Entered: 07/06/2010)

July 2, 2010 PACER
5

AFFIDAVIT OF SERVICE of Summons served on Department of Defense on June 11, 2010. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Goodman, Melissa) (Entered: 07/14/2010)

July 14, 2010 PACER
6

AFFIDAVIT OF SERVICE of Summons served on Department of Justice on June 15, 2010. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Goodman, Melissa) (Entered: 07/14/2010)

July 14, 2010 PACER
7

AFFIDAVIT OF SERVICE of Summons served on National Security Agency/Central Security Service on June 9, 2010. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Goodman, Melissa) (Entered: 07/14/2010)

July 14, 2010 PACER
8

AFFIDAVIT OF SERVICE of Summons served on Office of the Director of National Intelligence on June 14, 2010. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Goodman, Melissa) (Entered: 07/14/2010)

July 14, 2010 PACER
9

ANSWER to Complaint. Document filed by Department of Defense, Department of Justice, National Security Agency/Central Security Service, Office of the Director of National Intelligence.(Fornos, Carolina) (Entered: 08/05/2010)

Aug. 5, 2010 PACER
10

NOTICE OF APPEARANCE by Benjamin H. Torrance on behalf of Department of Defense, Department of Justice, National Security Agency/Central Security Service, Office of the Director of National Intelligence (Torrance, Benjamin) (Entered: 08/11/2010)

Aug. 11, 2010 PACER
11

NOTICE OF APPEARANCE by Carolina A. Fornos on behalf of Department of Defense, Department of Justice, National Security Agency/Central Security Service, Office of the Director of National Intelligence (Fornos, Carolina) (Entered: 08/11/2010)

Aug. 11, 2010 PACER
12

STIPULATION AND ORDER Regarding FOIA Request as set forth in this order. (Signed by Judge Richard J. Sullivan on 8/13/2010) (jmi) (Entered: 08/13/2010)

Aug. 13, 2010 PACER
13

ORDER THAT, by December 17,2010, the parties shall submit a joint letter apprising the Court of the status of the parties' negotiations and their views concerning potential motions. SO ORDERED. (Status Report due by 12/17/2010.) (Signed by Judge Richard J. Sullivan on 8/19/2010) (jmi) Modified on 8/20/2010 (jmi). (Entered: 08/20/2010)

Aug. 20, 2010 PACER
14

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Benjamin H. Torrance dated 11/9/10 re: With the consent of plaintiffs' counsel, the government respectfully requests an extension of time to December 17, 2010 to provide the Court with a joint letter regarding the status of the case. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 11/10/10) (djc) (Entered: 11/10/2010)

Nov. 10, 2010 PACER
15

NOTICE OF APPEARANCE by Alexander Abraham Abdo on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation (Abdo, Alexander) (Entered: 11/29/2010)

Nov. 29, 2010 PACER
16

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Alexander A. Abdo and Jameel Jaffer, dated 12/17/2010, re: On November 29, 2010, Defendants completed their processing and production of responsive documents. Since that time, Plaintiffs have reviewed the production and conferred with Defendants regarding future proceedings. Plaintiffs will likely raise several challenges to Defendants' withholding of records; however, the parties continue to discuss the scope of those challenges, if any, in the hope of narrowing them. To allow those discussions to continue, the parties respectfully request until January 21, 2011 to submit a joint status report apprising the Court of the status of the parties' negotiations and the need for further litigation if any. Should further litigation be necessary, it will consist of cross-motions for summary judgment as to the propriety of Defendants' withholding of responsive records pursuant to the various exemptions of FOIA. See 5 U.S.C. § 552(b). ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 12/17/2010) (lnl) (Entered: 12/20/2010)

Dec. 20, 2010 PACER
17

MOTION for Melissa Goodman to Withdraw as Attorney. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Goodman, Melissa) (Entered: 12/22/2010)

Dec. 22, 2010 PACER
18

ORDER: Before the Court is Plaintiffs' counsel Melissa Goodman's motion to withdraw as counsel, as she is no longer working for the American Civil Liberties Union Foundation, which represents Plaintiffs in this case. Plaintiffs continue to be represented by the Foundation and another attorney from the Foundation has filed a notice of appearance. Accordingly, IT IS HEREBY ORDERED THAT the motion is granted. The Clerk of Court is respectfully directed to remove Ms. Goodman's appearance from the docket sheet and terminate the motion listed as Docket Number 17 . Attorney Melissa Goodman terminated. (Signed by Judge Richard J. Sullivan on 12/23/2010) (lnl) (Entered: 12/23/2010)

Dec. 23, 2010 PACER
19

ENDORSED LETTER: addressed to Judge Richard J. Sullivan from Benjamin H. Torrance dated 1/21/2011 re: Counsel for defendant request that the Court permit the parties to file an additional status report by February 11, 2011, in which the parties will either indicate their agreement to dismiss this action or propose a schedule for submission of cross-motions for summary judgment. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 1/21/11) (js) (Entered: 01/24/2011)

Jan. 21, 2011 PACER
20

NOTICE OF APPEARANCE by Louis Anthony Pellegrino on behalf of Department of Defense, Department of Justice, National Security Agency/Central Security Service, Office of the Director of National Intelligence (Pellegrino, Louis) (Entered: 01/25/2011)

Jan. 25, 2011 PACER
21

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Alexander A. Abdo dated 2/11/2011 re: The parties respectfully request until 2/23/2011 to submit to the Court a proposed schedule to address Defendants' withholdings. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 2/14/2011) (ae) (Entered: 02/14/2011)

Feb. 14, 2011 PACER
22

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Louis A. Pellegrino dated 2/23/2011 re: The parties hereby propose the following schedule: Government's draft Vaughn indexes and/or declarations to be submitted to Plaintiff by 4/25/2011; ACLU will move for summary judgment on outstanding issues due May 20, 2011; Government's opposition to ACLU's motion and cross-motion for summary judgment due June 17, 2011; ACLU's reply brief due July 1, 2011. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 2/23/2011) (jpo) (Entered: 02/23/2011)

Feb. 23, 2011 PACER
23

NOTICE OF APPEARANCE by Robert D. Balin on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation (Balin, Robert) (Entered: 04/19/2011)

April 19, 2011 PACER
24

NOTICE OF APPEARANCE by Samuel Bayard on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation (Bayard, Samuel) (Entered: 04/19/2011)

April 19, 2011 PACER
25

MOTION for Bruce Johnson to Appear Pro Hac Vice. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(mbe) (Entered: 05/02/2011)

April 27, 2011 PACER
26

MOTION for Jennifer Arterburn to Appear Pro Hac Vice. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(mbe) (Entered: 05/02/2011)

April 27, 2011 PACER
27

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting 25 Motion for Bruce Johnson to Appear Pro Hac Vice as counsel for Plaintiffs. (Signed by Judge Richard J. Sullivan on 5/3/2011) (lnl) (Entered: 05/03/2011)

May 3, 2011 PACER
28

ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting 26 Motion for Jennifer Arterburn to Appear Pro Hac Vice as counsel for Plaintiffs. (Signed by Judge Richard J. Sullivan on 5/3/2011) (lnl) (Entered: 05/03/2011)

May 3, 2011 PACER
29

NOTICE OF APPEARANCE by Ronald Gary London on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation (London, Ronald) (Entered: 05/11/2011)

May 11, 2011 PACER
30

STIPULATION AND ORDER ADJOURNING BRIEFING SCHEDULE: The date for Plaintiffs to file and serve their motion for summary judgment on outstanding issues, currently scheduled for May 20, 2011, shall be adjourned and extended to June 3, 2011. the date for Defendants to file and serve their papers in opposition to the Summary Judgment Motion and in support of any cross-motion for summary judgment, currently scheduled for June 17, 2011, shall be adjourned and extended to July 1, 2011. The date for Plaintiffs to file and serve their reply papers in further support of the Summary Judgment Motion and in opposition to any cross-motion for summary judgment currently scheduled for July 1, 2011, shall be adjourned to July 18, 2011. So Ordered (Signed by Judge Richard J. Sullivan on 5/16/2011) (js) (Entered: 05/17/2011)

May 16, 2011 PACER
31

MOTION for Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Balin, Robert) (Entered: 06/03/2011)

June 3, 2011 PACER
32

MEMORANDUM OF LAW in Support re: 31 MOTION for Summary Judgment.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Balin, Robert) (Entered: 06/03/2011)

June 3, 2011 RECAP
33

RULE 56.1 STATEMENT. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Balin, Robert) (Entered: 06/03/2011)

June 3, 2011 PACER
34

DECLARATION of Robert D. Balin in Support re: 31 MOTION for Summary Judgment.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 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, # 21 Exhibit, # 22 Exhibit)(Balin, Robert) (Entered: 06/03/2011)

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June 3, 2011 PACER
35

CROSS MOTION for Summary Judgment. Document filed by Department of Defense, Department of Justice, National Security Agency/Central Security Service, Office of the Director of National Intelligence. Responses due by 7/18/2011(Torrance, Benjamin) (Entered: 07/01/2011)

July 1, 2011 PACER
36

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 35 CROSS MOTION for Summary Judgment. and in opposition to 31 plaintiffs' motion for summary judgment. Document filed by Department of Defense, Department of Justice, National Security Agency/Central Security Service, Office of the Director of National Intelligence. (Torrance, Benjamin) Modified on 7/5/2011 (ldi). (Entered: 07/01/2011)

July 1, 2011 PACER
37

MEMORANDUM OF LAW in Support re: 35 CROSS MOTION for Summary Judgment. and in opposition to 31 plaintiffs' motion for summary judgment. Document filed by Department of Defense, Department of Justice, National Security Agency/Central Security Service, Office of the Director of National Intelligence. (Torrance, Benjamin) (Entered: 07/05/2011)

July 5, 2011 PACER
38

MOTION to Strike or, In the Alternative, For Complete In Camera Review. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(London, Ronald) (Entered: 07/18/2011)

July 18, 2011 PACER
39

MEMORANDUM OF LAW in Support re: 38 MOTION to Strike or, In the Alternative, For Complete In Camera Review.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (London, Ronald) (Entered: 07/18/2011)

July 18, 2011 PACER
40

REPLY to Response to Motion re: 31 MOTION for Summary Judgment. and in opposition to 35, defendants' cross motion for summary judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (London, Ronald) (Entered: 07/18/2011)

July 18, 2011 PACER
41

ORDER, Set Deadline as to 38 MOTION to Strike or, In the Alternative, For Complete In Camera Review. Response due by 8/8/2011, Reply due by 8/17/2011. (Signed by Judge Richard J. Sullivan on 8/1/11) (cd) (Entered: 08/01/2011)

Aug. 1, 2011 PACER
42

MEMORANDUM OF LAW in Opposition re: 38 MOTION to Strike or, In the Alternative, For Complete In Camera Review.. Document filed by Department of Defense, Department of Justice, National Security Agency/Central Security Service, Office of the Director of National Intelligence. (Torrance, Benjamin) (Entered: 08/08/2011)

Aug. 8, 2011 PACER
43

DECLARATION of Diane M. Janosek in Opposition re: 38 MOTION to Strike or, In the Alternative, For Complete In Camera Review., 31 MOTION for Summary Judgment.. Document filed by Department of Defense, Department of Justice, National Security Agency/Central Security Service, Office of the Director of National Intelligence. (Torrance, Benjamin) (Entered: 08/08/2011)

Aug. 8, 2011 PACER
44

REPLY to Response to Motion re: 38 MOTION to Strike or, In the Alternative, For Complete In Camera Review.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (London, Ronald) (Entered: 08/17/2011)

Aug. 17, 2011 PACER
45

OPINION AND ORDER:#101028 For the reasons stated above, Plaintiffs' motion to strike is HEREBY DENIED; their motion in the alternative for in camera review is Granted in Part and Denied in Part. The Clerk of the Court is respectfully directed to terminate the motion located at Doc. No. 38. The cross motions for summary judgment, located at Doc. Nos. 31 and 35, will remain open pending the additional submissions set forth above. (Signed by Judge Richard J. Sullivan on 11/15/2011) (js) Modified on 11/21/2011 (jab). (Entered: 11/15/2011)

Nov. 15, 2011 RECAP
46

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Benjamin H. Torrance and Louis A. Pellegrino dated 11/23/2011 re: Counsel for the defendants requests until 1/18/2012, to provide their in camera responses. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 11/28/2011) (ft) (Entered: 11/28/2011)

Nov. 28, 2011 PACER
47

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Benjamin H. Torrance and Louis A. Pellegrino dated 1/16/2012 re: Counsel for the Defendant writes to request that the in camera review due on 1/18/2012 be extended until 1/25/2012. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 1/17/2012) (ab) (Entered: 01/17/2012)

Jan. 17, 2012 PACER
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DECLARATION of John F. Hackett in Support re: 35 CROSS MOTION for Summary Judgment.. Document filed by Department of Defense, Department of Justice, National Security Agency/Central Security Service, Office of the Director of National Intelligence. (Torrance, Benjamin) (Entered: 01/25/2012)

Jan. 25, 2012 PACER
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NOTICE of Classified Filing re: 35 CROSS MOTION for Summary Judgment.. Document filed by Department of Defense, Department of Justice, National Security Agency/Central Security Service, Office of the Director of National Intelligence. (Torrance, Benjamin) (Entered: 01/25/2012)

Jan. 25, 2012 PACER
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DECLARATION of David M. Hardy in Support re: 35 CROSS MOTION for Summary Judgment.. Document filed by Department of Defense, Department of Justice, National Security Agency/Central Security Service, Office of the Director of National Intelligence. (Torrance, Benjamin) (Entered: 01/25/2012)

Jan. 25, 2012 PACER
51

DECLARATION of David M. Hardy (corrected declaration) in Support re: 35 CROSS MOTION for Summary Judgment.. Document filed by Department of Defense, Department of Justice, National Security Agency/Central Security Service, Office of the Director of National Intelligence. (Torrance, Benjamin) (Entered: 01/25/2012)

Jan. 25, 2012 PACER
52

MEMORANDUM AND ORDER denying 31 Motion for Summary Judgment filed by American Civil Liberties Union, American Civil Liberties Union Foundation; granting 35 Motion for Summary Judgment filed by Defendants: Plaintiffs' motion for summary judgment is HEREBY DENIED, and Defendants' motion for summary judgment is HEREBY GRANTED. The Clerk of the Court is respectfully directed to terminate the motions located at Doc. Nos. 31 and 35 and close this case. (Signed by Judge Richard J. Sullivan on 3/30/2012) (ab) (Entered: 03/30/2012)

March 30, 2012 RECAP
53

CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated March 30, 2012, Plaintiffs' motion for summary judgment is denied, and Defendants' motion for summary judgment is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/30/12) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 03/30/2012)

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March 30, 2012 PACER

State / Territory: New York

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Court

Foreign Intelligence Surveillance Act—Foreign Targeting (702, 703, 704)

Key Dates

Filing Date: June 3, 2010

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

ACLU

Plaintiff Type(s):

Non-profit NON-religious organization

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

Office of the Director of National Intelligence (Washington), Federal

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Records Disclosure