Case: Competitive Enterprises Institute v. US National Security Agency

1:14-cv-00975 | U.S. District Court for the District of Columbia

Filed Date: June 9, 2014

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On June 9, 2014, a complaint was filed by the Competitive Enterprise Institute (CEI) against the National Security Agency (NSA) in the U.S. District Court for the District of Columbia for failing to fulfill two Freedom of Information Act requests for records pertaining to the conduct of the EPA. The case was filed after the NSA issued a Glomar response, in which it declined to provide the requested information, and instead refused to confirm or deny that it possessed the request records.Accordi…

On June 9, 2014, a complaint was filed by the Competitive Enterprise Institute (CEI) against the National Security Agency (NSA) in the U.S. District Court for the District of Columbia for failing to fulfill two Freedom of Information Act requests for records pertaining to the conduct of the EPA.

The case was filed after the NSA issued a Glomar response, in which it declined to provide the requested information, and instead refused to confirm or deny that it possessed the request records.

According to the complaint, this lawsuit stems from repeated incidents of the EPA circumventing federal recordkeeping laws by using personal devices, including email accounts and text messages, to conduct work-related correspondence and otherwise federal business. As revealed by its Inspect General, NSA is known to have a program to collect metadata from telephone, text message and email records from certain telephony carriers including Verizon. CEI requested the copies of all text message data, and particularly all metadata of text messaging activity using Verizon voice and/or data accounts in NSA’s possession.

On September 5, 2014, defendant filed for summary judgment.

In response, the plaintiffs argued that NSA has waived its right to issue such a response by its previous official acknowledgment that it has the records they seek. The judge found that despite their FOIA requests for email and text records, the plaintiffs failed to identify any evidence showing that the NSA actually collects this information on a widespread basis.

On January 13, 2015, the court granted summary judgment in favor of the defendant. The court stated that plaintiffs failed to point to concrete evidence showing that the NSA has actually admitted this fact.

The court entered a judgment for the defendant on the same day. The case is closed.

Summary Authors

Ginny Lee (2/10/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4498009/parties/competitive-enterprise-institute-v-united-states-national-security-agency/


Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorneys(s) for Plaintiff

Bader, Hans F. (District of Columbia)

Horner, Christoper C. (Virginia)

Kazman, Sam (District of Columbia)

Attorneys(s) for Defendant

Snead, Jacqueline E. Coleman (District of Columbia)

Expert/Monitor/Master

Coleman, Lisa Kay (New York)

Judge(s)

Boasberg, James Emanuel (District of Columbia)

Attorneys(s) for Plaintiff

Bader, Hans F. (District of Columbia)

Horner, Christoper C. (Virginia)

Kazman, Sam (District of Columbia)

Attorneys(s) for Defendant

Snead, Jacqueline E. Coleman (District of Columbia)

Expert/Monitor/Master

Coleman, Lisa Kay (New York)

Documents in the Clearinghouse

Document

1:14-cv-00975

Docket [PACER]

Jan. 13, 2015

Jan. 13, 2015

Docket
1

1:14-cv-00975

Complaint for Declaratory and Injunctive Relief

June 9, 2014

June 9, 2014

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4498009/competitive-enterprise-institute-v-united-states-national-security-agency/

Last updated Aug. 7, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT by All Plaintiffs against All Defendants ( Filing fee $ 400 receipt number 0090-3741331) filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for U.S. Attorney, # 3 Summons for defendant NSA, # 4 Summons for Attorney General)(Bader, Hans) (Entered: 06/09/2014)

June 9, 2014

June 9, 2014

PACER
2

SUMMONS (3) Issued Electronically as to UNITED STATES NATIONAL SECURITY AGENCY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Consent Form, # 2 Notice of Consent, # 3 Summons, # 4 Summons)(kb, ) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

PACER
3

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/17/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 7/17/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES NATIONAL SECURITY AGENCY served on 6/16/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/17/2014. (Bader, Hans) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
4

ANSWER to Complaint by UNITED STATES NATIONAL SECURITY AGENCY.(Coleman Snead, Jacqueline) (Entered: 07/17/2014)

July 17, 2014

July 17, 2014

PACER
5

ORDER directing parties to file a joint proposed briefing schedule on or before August 1, 2014. Signed by Judge James E. Boasberg on 7/18/2014. (lcjeb4) (Entered: 07/18/2014)

July 18, 2014

July 18, 2014

PACER
6

RESPONSE re 5 Order filed by UNITED STATES NATIONAL SECURITY AGENCY. (Coleman Snead, Jacqueline) (Entered: 08/01/2014)

Aug. 1, 2014

Aug. 1, 2014

PACER
7

MOTION for Summary Judgment by UNITED STATES NATIONAL SECURITY AGENCY (Attachments: # 1 Memorandum in Support, # 2 SOMF, # 3 Sherman Declaration, # 4 Sherman Exhibit A, # 5 Sherman Exhibit B, # 6 Sherman Exhibit C, # 7 Sherman Exhibit D, # 8 Sherman Exhibit E, # 9 Sherman Exhibit F, # 10 Sherman Exhibit G, # 11 Sherman Exhibit H, # 12 Sherman Exhibit I)(Coleman Snead, Jacqueline) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER
8

Consent MOTION for Extension of Time to File Response/Reply as to 7 MOTION for Summary Judgment by COMPETITIVE ENTERPRISE INSTITUTE, ENERGY AND ENVIRONMENT LEGAL INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC (Attachments: # 1 Text of Proposed Order)(Bader, Hans) (Entered: 09/26/2014)

Sept. 26, 2014

Sept. 26, 2014

PACER
9

Memorandum in opposition to re 7 MOTION for Summary Judgment filed by COMPETITIVE ENTERPRISE INSTITUTE, ENERGY AND ENVIRONMENT LEGAL INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC. (Attachments: # 1 Statement of Facts Genuine Issues of Material Fact in Dispute, # 2 Declaration of Hans Bader, # 3 Exhibit 1 to Bader Declaration, # 4 Exhibit 2 to Bader Declaration, # 5 Text of Proposed Order)(Bader, Hans) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER
10

REPLY to opposition to motion re 7 MOTION for Summary Judgment filed by UNITED STATES NATIONAL SECURITY AGENCY. (Attachments: # 1 Declaration Jacqueline Coleman Snead)(Coleman Snead, Jacqueline) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

PACER
11

MOTION for Leave to File Surreply In Opposition to Motion for Summary Judgment by COMPETITIVE ENTERPRISE INSTITUTE, ENERGY AND ENVIRONMENT LEGAL INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC (Attachments: # 1 Text of Proposed Order)(Bader, Hans) (Entered: 10/29/2014)

Oct. 29, 2014

Oct. 29, 2014

PACER
12

Memorandum in opposition to re 11 MOTION for Leave to File Surreply In Opposition to Motion for Summary Judgment filed by UNITED STATES NATIONAL SECURITY AGENCY. (Coleman Snead, Jacqueline) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

PACER
13

ORDER: The Court ORDERS that: 1) Defendant's 7 Motion for Summary Judgment is GRANTED; and 2) Judgment is ENTERED in favor of Defendant. Signed by Judge James E. Boasberg on 01/13/15. (lcjeb3) (Entered: 01/13/2015)

Jan. 13, 2015

Jan. 13, 2015

PACER
14

MEMORANDUM OPINION re 13 Order on Defendant's Motion for Summary Judgment. Signed by Judge James E. Boasberg on 01/13/15. (lcjeb3) (Entered: 01/13/2015)

Jan. 13, 2015

Jan. 13, 2015

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 9, 2014

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff CEI is a public policy research and educational institute dedicated to advancing responsible regulation and in particular economically sustainable environmental policy.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

US National Security Agency, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Records Disclosure

Type of Facility:

Government-run