Case: ACLU v. US Department of Justice

2:09-cv-00642 | U.S. District Court for the Western District of Washington

Filed Date: May 8, 2009

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On May 8, 2009, the American Civil Liberties Union ("ACLU") of Washington filed this lawsuit in the District Court for the Western District of Washington. The ACLU sued the United States Department of Justice ("DOJ") under the Freedom of Information Act ("FOIA"), seeking declaratory and injunctive relief to compel the DOJ to disclose and release records describing the operation and maintenance of the the National Crime Information Center Violent Gang and Terrorist Organization File, which was m…

On May 8, 2009, the American Civil Liberties Union ("ACLU") of Washington filed this lawsuit in the District Court for the Western District of Washington. The ACLU sued the United States Department of Justice ("DOJ") under the Freedom of Information Act ("FOIA"), seeking declaratory and injunctive relief to compel the DOJ to disclose and release records describing the operation and maintenance of the the National Crime Information Center Violent Gang and Terrorist Organization File, which was maintained by the Federal Bureau of Investigation ("FBI"), a component of the DOJ.

The National Crime Information Center ("NCIC"), a nationwide clearinghouse of reports operated by the FBI, provides direct online access to its computerized index of criminal justice information for local, state, federal, and tribal law enforcement officers, government agencies, financial institutions, prospective employers, etc. This database includes a Violent Gang and Terrorist Organizations File ("VGTOF"), which contains entries on suspected terrorist organizations and individuals. In 2003, there were over 7,000 individuals listed on the VGTOF as terrorists, though many of them had no criminal records. The ACLU was concerned that this could lead to grave ramifications, for instance, during a traffic stop where after running someone's credentials, the officer is alerted to the individual's status on the VGTOF and warned to approach that person with extreme caution. The VGTOF warning also instructs the officer to call the Terrorist Screening Center immediately and a number is provided on the officer's screen. The Terrorist Screening Center sends back one of four responses to the officer: "arrest, detain, investigate, or query." There is no option for letting the individual go among these responses.

In a 2005 test conducted by the Terrorist Screening Center, the VGTOF was found to contain a 40% error rate, most of which were in the portion of the database that instructs officers how to approach and interact with individuals who have entries in the VGTOF. On December 19, 2008, the ACLU sent a letter to the FBI submitting a Freedom of Information Act ("FOIA") request for "any record held by the U.S. Federal Bureau of Investigation describing the operation and maintenance of the National Crime Information Center Violent Gang and Terrorist Organization File." Though the ACLU received a letter dated January 5, 2006 indicating that the FBI received it's request, the FBI never followed up or provided any records requested by the ACLU. As a result, the ACLU filed this 2009 lawsuit claiming that the FBI violated it's rights under the Freedom of Information Act by failing to disclose and release the requested records.

On June 18, 2010, the DOJ filed a motion for summary judgment, claiming that it had conducted an adequate search for the requested documents, and properly withheld records and portions of records under applicable exemption under the Freedom of Information Act in order to protect classified information. On March 10, 2011, U.S. District Court Judge Robert S. Lasnik granted the DOJ summary judgment in part, but ordered the DOJ to edit any inappropriate redactions and provide more facts that would justify redacting or not providing a certain document.

On March 24, 2011, the DOJ filed a motion for reconsideration and a motion to stay the Court's order on their motion for summary judgment. On May 19, 2011, the Court granted the DOJ's motion for reconsideration in part, requiring that after the DOJ supplemented the Vaughn index regarding the documents discussed in sections 1, 4, and 5, the parties would attempt to resolve their differences regarding production of these documents. If the parties were unable to reach agreement, plaintiff could, within thirty days of production of the revised Vaughn index, file a supplemental memorandum to assist the Court during in camera review of the contested documents.

On May 24, 2011, the DOJ filed a second motion for reconsideration questioning the Court's jurisdiction to review a designation by TSA, which was granted on June 20, 2011. On June 22, 2011, the DOJ filed the supplemental Vaughn Declarations, and on July 6, 2011, submitted documents for in camera review.

On September 21, 2012, Judge Lasnik issued an order following in camera review, which required the DOJ to make certain disclosures. On October 1, 2012, the DOJ filed a third motion for reconsideration, claiming that it had further evidence to present the Court as to why exemption 1 applies to document numbers 79, 80, and 84. The Court granted the DOJ's motion for reconsideration to allow the DOJ to deliver to chambers an ex parte declaration addressing applicability of the exemption to these documents.

Shortly thereafter, the parties began negotiations for settlement. On March 7, 2013, they agreed upon a Stipulation and Proposed Order for Compromise Settlement and Release of Claims. On March 11, 2013, Judge Lasnik officially ordered the Stipulation for Compromise Settlement and Release of Claims, whereby the United States was to pay the ACLU $50,000 within 60 days via wire transfer, as full settlement for attorneys' fees and costs incurred by the ACLU in this lawsuit. This case is closed.

As a result of this lawsuit, the ACLU got many thousands of pages of materials. As far as we know, they are not publicly available--but they were used as the information base for a 2016 report titled "Trapped in a Black Box: Growing Terrorism Watchlisting in Everyday Policing."

Summary Authors

Saeeda Joseph-Charles (11/24/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4410400/parties/american-civil-liberties-union-of-washington-v-us-department-of-justice/


Judge(s)

Lasnik, Robert S. (Washington)

Attorneys(s) for Plaintiff

Anello, Farrin R (New York)

Desormeau, Katherine (California)

Dunne, Sarah A. (Washington)

Gelernt, Lee (New York)

Ladin, Dror (New York)

Lee, Eunice Cheryl (New York)

Spidell, Melody Rose (Washington)

Williams, Harry IV (Washington)

Wishnie, Michael J. (Connecticut)

Judge(s)

Lasnik, Robert S. (Washington)

Attorneys(s) for Plaintiff

Anello, Farrin R (New York)

Desormeau, Katherine (California)

Dunne, Sarah A. (Washington)

Gelernt, Lee (New York)

Ladin, Dror (New York)

Lee, Eunice Cheryl (New York)

Spidell, Melody Rose (Washington)

Williams, Harry IV (Washington)

Wishnie, Michael J. (Connecticut)

Attorneys(s) for Defendant

Delery, Stuart F. (District of Columbia)

Durkan, Jenny A (Washington)

Kipnis, Brian C (Washington)

Shapiro, Elizabeth J. (District of Columbia)

Sowles, Marcia Kay (District of Columbia)

West, Tony (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

March 11, 2013 Docket
1

Complaint for Declaratory and Injunctive Relief

May 8, 2009 Complaint
17

Order [Regarding Initial Disclosure, Joint Status Report and Early Settlement]

ACLU v. DOJ

Oct. 1, 2009 Order/Opinion
27

Order [Denying Defendant's Motion for Open America Stay]

ACLU v. DOJ

Jan. 19, 2010 Order/Opinion
45

Order [Granting Summary Judgment in Part]

ACLU v. DOJ

2011 WL 887731, 2011 U.S.Dist.LEXIS 26047

March 10, 2011 Order/Opinion
61

Order [Granting Defendant's Motion for Reconsideration]

ACLU of Washington v. DOJ

2011 WL 1900140, 2011 U.S.Dist.LEXIS 53523

May 19, 2011 Order/Opinion
73

Order [Granting Second Motion for Reconsideration]

ACLU v. DOJ

June 20, 2011 Order/Opinion
77-2

Documents Submitted for In-Camera Review

ACLU v. DOJ

July 6, 2011 Pleading / Motion / Brief
80

Order Following In Camera Review

ACLU v. DOJ

Sept. 21, 2012 Order/Opinion
91

Order Granting Third Motion for Reconsideration

American Civil Liberties Union of Washington v. US Department of Justice

2012 WL 5877440

Nov. 20, 2012 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4410400/american-civil-liberties-union-of-washington-v-us-department-of-justice/

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

ECF Number Description Date Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against defendant US Department of Justice (Summons(es) issued)(Receipt # SEA26052), filed by American Civil Liberties Union of Washington. (Attachments: # 1 Civil Cover Sheet, # 2 Transmittal Email)(MKB) (Entered: 05/11/2009)

2 Civil Cover Sheet

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3 Transmittal Email

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May 8, 2009 PACER
2

APPLICATION OF ATTORNEY Michael J. Wishnie FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff American Civil Liberties Union of Washington (Fee Paid) Receipt No. 09810000000001751314. (Attachments: # 1 Appendix ECF Registration Form)(Williams, Harry) (Entered: 05/14/2009)

2 Appendix ECF Registration Form

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May 14, 2009 PACER
3

APPLICATION OF ATTORNEY Eunice Lee FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff American Civil Liberties Union of Washington (Fee Paid) Receipt No. 09810000000001751321. (Attachments: # 1 Appendix ECF Registration Form)(Williams, Harry) (Entered: 05/14/2009)

2 Appendix ECF Registration Form

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May 14, 2009 PACER
4

APPLICATION OF ATTORNEY Farrin Anello FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff American Civil Liberties Union of Washington (Fee Paid) Receipt No. 09810000000001751324. (Attachments: # 1 Appendix ECF Registration Form)(Williams, Harry) (Entered: 05/14/2009)

2 Appendix ECF Registration Form

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May 14, 2009 PACER
5

APPLICATION OF ATTORNEY Lee Gelernt FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff American Civil Liberties Union of Washington (Fee Paid) Receipt No. 09810000000001751326. (Attachments: # 1 Appendix ECF Registration Form)(Williams, Harry) (Entered: 05/14/2009)

2 Appendix ECF Registration Form

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May 14, 2009 PACER
6

ORDER re 2 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Michael J. Wishnie for American Civil Liberties Union of Washington, by Bruce Rifkin. (No document associated with this docket entry, text only.)(DS) (Entered: 05/14/2009)

May 14, 2009 PACER
7

ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Eunice Lee for American Civil Liberties Union of Washington, by Bruce Rifkin. (No document associated with this docket entry, text only.)(DS) (Entered: 05/14/2009)

May 14, 2009 PACER
8

ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Farrin Anello for American Civil Liberties Union of Washington, by Bruce Rifkin. (No document associated with this docket entry, text only.)(DS) (Entered: 05/14/2009)

May 14, 2009 PACER
9

ORDER re 5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Lee Gelernt for American Civil Liberties Union of Washington, by Bruce Rifkin. (No document associated with this docket entry, text only.)(DS) (Entered: 05/14/2009)

May 14, 2009 PACER
10

SERVICE OF SUMMONS and Complaint returned executed upon defendant US Department of Justice on 8/25/2009 (KL) (Entered: 08/31/2009)

Aug. 28, 2009 PACER
11

AFFIDAVIT of Mailing of Summons and Complaint to Department of Justice on 8/25/2009, filed by Plaintiff American Civil Liberties Union of Washington. (Williams, Harry) (Entered: 08/31/2009)

Aug. 31, 2009 PACER
12

AFFIDAVIT of Mailing of Summons and Complaint to Eric H. Holder on 8/25/2009, filed by Plaintiff American Civil Liberties Union of Washington. (Williams, Harry) (Entered: 08/31/2009)

Aug. 31, 2009 PACER
13

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Eunice Lee for Plaintiff American Civil Liberties Union of Washington. (Anello, Farrin) (Entered: 09/01/2009)

Sept. 1, 2009 PACER
14

STIPULATION AND PROPOSED ORDER for Extension of Time to File Answer by parties. (Kipnis, Brian) (Entered: 09/24/2009)

Sept. 24, 2009 PACER
15

NOTICE of Appearance by attorney Brian C Kipnis on behalf of Defendant US Department of Justice. (Kipnis, Brian) (Entered: 09/25/2009)

Sept. 25, 2009 PACER
16

STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE ANSWER by Judge Robert S. Lasnik. (RS) (Entered: 09/30/2009)

Sept. 30, 2009 PACER
17

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 11/12/2009, by Judge Robert S. Lasnik. (KERR) (Entered: 10/01/2009)

Oct. 1, 2009 PACER
18

ANSWER to 1 Complaint, by US Department of Justice. (Attachments: # 1 Exhibit A - C)(Sowles, Marcia Kay) (Entered: 10/09/2009)

2 Exhibit A - C

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Oct. 9, 2009 PACER
19

JOINT STATUS REPORT signed by all parties estimated Trial Days: 0.. (Anello, Farrin) (Entered: 11/12/2009)

Nov. 12, 2009 PACER
20

MOTION for Leave to File Excess Pages Memorandum in Support of Motion to Stay Proceedings pursuant to 5 U.S.C. 552(a)(6)(C) by Defendant US Department of Justice. (Attachments: # 1 Proposed Order) Noting Date 11/19/2009, (Sowles, Marcia Kay) (Entered: 11/19/2009)

2 Proposed Order

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Nov. 19, 2009 PACER
21

ORDER granting dft's 20 Motion for Leave to File Excess Pages by Judge Robert S. Lasnik.(RS) (Entered: 11/23/2009)

Nov. 23, 2009 PACER
22

MOTION to Stay Proceedings, pursuant to 5 U.S.C. 552(a)(6)(C), to Allow the FBI Additional Time Complete its Proceesing of Plaintiff's FOIA Request by Defendant US Department of Justice. (Attachments: # 1 Exhibit Declaration of David M. Hardy, # 2 Proposed Order) Noting Date 12/11/2009, (Sowles, Marcia Kay) (Entered: 11/24/2009)

1 Exhibit Declaration of David M. Hardy

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3 Proposed Order

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Nov. 24, 2009 RECAP
23

RESPONSE, by Plaintiff American Civil Liberties Union of Washington, to 22 MOTION to Stay Proceedings, pursuant to 5 U.S.C. 552(a)(6)(C), to Allow the FBI Additional Time Complete its Proceesing of Plaintiff's FOIA Request MOTION to Stay Proceedings, pursuant to 5 U.S.C. 552(a)(6)(C), to Allow the FBI Additional Time Complete its Proceesing of Plaintiff's FOIA Request. (Attachments: # 1 Certificate of Service, # 2 Exhibit Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Proposed Order)(Anello, Farrin) (Entered: 12/07/2009)

2 Certificate of Service

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3 Exhibit Declaration

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4 Exhibit A

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5 Exhibit B

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6 Exhibit C

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7 Exhibit D

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8 Exhibit E

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9 Proposed Order

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Dec. 7, 2009 RECAP
24

REPLY, filed by Defendant US Department of Justice, TO RESPONSE to 22 MOTION to Stay Proceedings, pursuant to 5 U.S.C. 552(a)(6)(C), to Allow the FBI Additional Time Complete its Proceesing of Plaintiff's FOIA Request MOTION to Stay Proceedings, pursuant to 5 U.S.C. 552(a)(6)(C), to Allow the FBI Additional Time Complete its Proceesing of Plaintiff's FOIA Request (Sowles, Marcia Kay) (Entered: 12/11/2009)

Dec. 11, 2009 PACER
25

NOTICE of Filing of Status Report regarding the processing of Plaintiff's FOIA request ; filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit First Status Declaration of David M. Hardy)(Sowles, Marcia Kay) (Entered: 12/15/2009)

2 Exhibit First Status Declaration of David M. Hardy

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Dec. 15, 2009 PACER
26

CASE MANAGEMENT ORDER; Joinder of Parties deadline set for 1/28/2010, Dispositive motions due by 4/15/2010, Oppositions to dispositive motions due by 5/28/2010 and Replies to dispositive motions due by 6/18/2010 (KERR) (Entered: 01/19/2010)

Jan. 19, 2010 PACER
27

ORDER denying dft's 22 Motion for an Open America Stay by Judge Robert S. Lasnik.(RS) (Entered: 01/19/2010)

Jan. 19, 2010 RECAP
28

NOTICE of Appearance by attorney Melody Rose Spidell on behalf of Plaintiff American Civil Liberties Union of Washington. (Spidell, Melody) (Entered: 01/22/2010)

Jan. 22, 2010 PACER
29

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Harry Williams, IV for Plaintiff American Civil Liberties Union of Washington. (Dunne, Sarah) (Entered: 01/25/2010)

Jan. 25, 2010 PACER
30

STIPULATION AND PROPOSED ORDER for Extension of Time to Complete Production of Seventy-three pages which required consultation with other federal agencies and/or other components of the DOJ by parties re 27 Order on Motion to Stay. (Sowles, Marcia Kay) (Entered: 03/15/2010)

March 15, 2010 PACER
31

STIPULATION AND ORDER for extension of time to complete production by Judge Robert S. Lasnik. (RS) (Entered: 03/17/2010)

March 16, 2010 PACER
32

MOTION for Extension of Time to File Motion for Summary Judgment and for Leave to File Vaughn Index Based upon a Representative Sample by Defendant US Department of Justice. (Attachments: # 1 Exhibit A -- Declaration of Dennis J. Argall, # 2 Exhibit B -- Email from Farrin Anello, # 3 Proposed Order) Noting Date 4/12/2010, (Sowles, Marcia Kay) (Entered: 04/01/2010)

2 Exhibit A -- Declaration of Dennis J. Argall

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3 Exhibit B -- Email from Farrin Anello

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4 Proposed Order

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April 1, 2010 PACER
33

MINUTE ORDER RE-NOTING 32 MOTION for Extension of Time to File Motion for Summary Judgment and for Leave to File Vaughn Index Based upon a Representative Sample ; Noting Date 4/9/2010 (KERR) (Entered: 04/02/2010)

April 2, 2010 PACER
34

RESPONSE, by Plaintiff American Civil Liberties Union of Washington, to 32 MOTION for Extension of Time to File Motion for Summary Judgment and for Leave to File Vaughn Index Based upon a Representative Sample. (Spidell, Melody) (Entered: 04/07/2010)

April 7, 2010 PACER
35

STIPULATION AND PROPOSED ORDER by parties re 32 MOTION for Extension of Time to File Motion for Summary Judgment and for Leave to File Vaughn Index Based upon a Representative Sample. (Attachments: # 1 Exhibit Exhibit A to Stipulation and Proposed Order)(Spidell, Melody) (Entered: 04/12/2010)

2 Exhibit Exhibit A to Stipulation and Proposed Order

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April 12, 2010 PACER
36

STIPULATION AND ORDER for Extension of Time to File Motion for Summary Judgment and for Leave to File Vaughn Index Based upon a Representative Sample by Judge Robert S. Lasnik. (RS) (Entered: 04/14/2010)

April 14, 2010 PACER
37

MOTION for Leave to File Excess Pages by Defendant US Department of Justice. Noting Date 6/18/2010, (Sowles, Marcia Kay) (Entered: 06/14/2010)

June 14, 2010 PACER
38

ORDER Granting Pltf's Unopposed 37 Motion to File Overlength Memorandum by Judge Robert S. Lasnik.(TF) (Entered: 06/16/2010)

June 15, 2010 PACER
39

MOTION for Summary Judgment by Defendant US Department of Justice. Oral Argument Requested. (Attachments: # 1 Exhibit Declaration of David Hardy - Part 1 of 4, # 2 Exhibit Declaration of David Hardy -- Part 2 of 4, # 3 Exhibit Declaration of David Hardy -- Part 3 of 4, # 4 Exhibit Declaration of David Hardy -- Part 4 of 4, # 5 Exhibits A - N to Declaration of David Hardy, # 6 Exhibit O (Part 1) to Declaration of David Hardy, # 7 Exhibit O (Part 2) to Declaration of David Hardy, # 8 Exhibit O (Part 3) to Declaration of David Hardy, # 9 Exhibit Declaration of Margaret P. Grafeld) Noting Date 8/20/2010, (Sowles, Marcia Kay) (Entered: 06/18/2010)

2 Exhibit Declaration of David Hardy - Part 1 of 4

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3 Exhibit Declaration of David Hardy -- Part 2 of 4

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4 Exhibit Declaration of David Hardy -- Part 3 of 4

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5 Exhibit Declaration of David Hardy -- Part 4 of 4

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6 Exhibits A - N to Declaration of David Hardy

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7 Exhibit O (Part 1) to Declaration of David Hardy

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8 Exhibit O (Part 2) to Declaration of David Hardy

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9 Exhibit O (Part 3) to Declaration of David Hardy

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10 Exhibit Declaration of Margaret P. Grafeld

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June 18, 2010 PACER
40

RESPONSE, by Plaintiff American Civil Liberties Union of Washington, to 39 MOTION for Summary Judgment. (Attachments: # 1 Exhibit Declaration of F. Anello and Exhibits, # 2 Exhibit Declaration of S. Khader and Exhibits)(Anello, Farrin) (Entered: 07/30/2010)

1 Exhibit Declaration of F. Anello and Exhibits

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2 Exhibit Declaration of S. Khader and Exhibits

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July 30, 2010 RECAP
41

MOTION for Extension of Time to File Reply in Support of Motion for Summary Judgment by Defendant US Department of Justice. Noting Date 8/11/2010, (Sowles, Marcia Kay) (Entered: 08/11/2010)

Aug. 11, 2010 PACER
42

ORDER granting dft's 41 Motion for Extension of Time;dft has until 8/31/10 to reply; clerk renoted 39 MOTION for Summary Judgment : Noting Date 9/3/2010, by Judge Robert S. Lasnik.(RS) (Entered: 08/12/2010)

Aug. 12, 2010 PACER
43

REPLY, filed by Defendant US Department of Justice, TO RESPONSE to 39 MOTION for Summary Judgment (Attachments: # 1 Exhibit Exhibit 1 -- Supplemental Declaration of David Hardy, # 2 Exhibit Exhibits A and B to Supp. Declaraton of David Hardy, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10)(Sowles, Marcia Kay) (Entered: 08/31/2010)

1 Exhibit Exhibit 1 -- Supplemental Declaration of David Hardy

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2 Exhibit Exhibits A and B to Supp. Declaraton of David Hardy

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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5 Exhibit Exhibit 4

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6 Exhibit Exhibit 5

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7 Exhibit Exhibit 6

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8 Exhibit Exhibit 7

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9 Exhibit Exhibit 8

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10 Exhibit Exhibit 9

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11 Exhibit Exhibit 10

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Aug. 31, 2010 PACER
44

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Farrin Anello for Plaintiff American Civil Liberties Union of Washington. (Gelernt, Lee) (Entered: 10/04/2010)

Oct. 4, 2010 PACER
45

ORDER granting in part dft's 39 Motion for Summary Judgment and ordering production or supplementation of Vaughn Index by Judge Robert S. Lasnik.(RS) (Entered: 03/11/2011)

March 10, 2011 RECAP
46

MOTION for Reconsideration re 45 Order on Motion for Summary Judgment by Defendant US Department of Justice. (Attachments: # 1 Exhibit Declaration of Chrisopher M. Piehota, TSC, # 2 Exhibit Declaration of William E. Benner) Noting Date 3/24/2011, (Sowles, Marcia Kay) (Entered: 03/24/2011)

1 Exhibit Declaration of Chrisopher M. Piehota, TSC

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2 Exhibit Declaration of William E. Benner

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March 24, 2011 PACER
47

MOTION to Stay re 45 Order on Motion for Summary Judgment by Defendant US Department of Justice. Noting Date 4/8/2011, (Sowles, Marcia Kay) (Entered: 03/24/2011)

March 24, 2011 PACER
48

MOTION for Extension of Time to Comply with Certain Provisions of Order dated March 10, 2011 by Defendant US Department of Justice. (Attachments: # 1 Exhibit Declaration of David M. Hardy) Noting Date 4/1/2011, (Sowles, Marcia Kay) (Entered: 03/24/2011)

1 Exhibit Declaration of David M. Hardy

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March 24, 2011 PACER
49

ORDER FOR FURTHER BRIEFING; RE-NOTING 46 MOTION for Reconsideration re 45 Order on Motion for Summary Judgment ; Noting Date 4/8/2011, by Judge Robert S. Lasnik. (RS) (Entered: 03/25/2011)

March 25, 2011 PACER
50

STIPULATION AND PROPOSED ORDER for Stay of Order dated March 10, 2011 by parties re 45 Order on Motion for Summary Judgment. (Sowles, Marcia Kay) (Entered: 03/30/2011)

March 30, 2011 PACER
51

APPLICATION OF ATTORNEY Katherine Desormeau FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff American Civil Liberties Union of Washington (Fee Paid) Receipt No. 0981-2381051. (Attachments: # 1 Certificate of Service)(Spidell, Melody) (Entered: 03/30/2011)

1 Certificate of Service

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March 30, 2011 PACER
52

ORDER re 51 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Katherine Desormeau for American Civil Liberties Union of Washington, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 03/30/2011)

March 30, 2011 PACER
53

STIPULATION FOR STAY OF ORDER by Judge Robert S. Lasnik.(RS) (Entered: 04/04/2011)

April 4, 2011 PACER
54

RESPONSE, by Plaintiff American Civil Liberties Union of Washington, to 46 MOTION for Reconsideration re 45 Order on Motion for Summary Judgment MOTION for Reconsideration re 45 Order on Motion for Summary Judgment. (Desormeau, Katherine) (Entered: 04/04/2011)

April 4, 2011 PACER
55

REPLY, filed by Defendant US Department of Justice, TO RESPONSE to 46 MOTION for Reconsideration re 45 Order on Motion for Summary Judgment MOTION for Reconsideration re 45 Order on Motion for Summary Judgment (Sowles, Marcia Kay) (Entered: 04/08/2011)

April 8, 2011 PACER
56

NOTICE of Filing Supplemental Vaughn Declarations re 45 Order on Motion for Summary Judgment ; filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit A -- Second Supplemental Declaration of David M. Hardy, # 2 Exhibit B -- Second Declaration of Christopher M. Piehota)(Sowles, Marcia Kay) (Entered: 04/11/2011)

1 Exhibit A -- Second Supplemental Declaration of David M. Hardy

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2 Exhibit B -- Second Declaration of Christopher M. Piehota

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April 11, 2011 PACER
57

ORDER granting dft's 48 Motion for Extension of Time to Comply with Disclosure Provisions in 3/10/11 Order by Judge Robert S. Lasnik.(RS) (Entered: 04/11/2011)

April 11, 2011 PACER
58

NOTICE of Filing of Corrected Exhibit B re 56 Notice-Other, ; filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit Corrected Exhibit B)(Sowles, Marcia Kay) (Entered: 05/04/2011)

1 Exhibit Corrected Exhibit B

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May 4, 2011 PACER
59

STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME by parties. (Desormeau, Katherine) (Entered: 05/06/2011)

May 6, 2011 PACER
60

STIPULATION AND ORDER for extension of time by Judge Robert S. Lasnik. (RS) (Entered: 05/11/2011)

May 11, 2011 PACER
61

ORDER granting in part and denying in part dft's 46 Motion for Reconsideration by Judge Robert S. Lasnik.(RS) (Entered: 05/19/2011)

May 19, 2011 RECAP
62

NOTICE of Filing Supplemental Vaughn Declarations pursuant to Order dated May 19, 2011 re 61 Order on Motion for Reconsideration ; filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit A - Third Declaration of Christopher M. Piehota, # 2 Exhibit B - Supplemental Declaration of William Benner, Jr., # 3 Exhibit C - Letter from David Hardy)(Sowles, Marcia Kay) (Entered: 05/24/2011)

1 Exhibit A - Third Declaration of Christopher M. Piehota

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2 Exhibit B - Supplemental Declaration of William Benner, Jr.

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3 Exhibit C - Letter from David Hardy

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May 24, 2011 PACER
63

MOTION for Reconsideration re 61 Order on Motion for Reconsideration by Defendant US Department of Justice. (Attachments: # 1 Proposed Order) Noting Date 5/24/2011, (Sowles, Marcia Kay) (Entered: 05/24/2011)

1 Proposed Order

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May 24, 2011 PACER
64

ORDER FOR FURTHER BRIEFING; RE-NOTING 63 MOTION for Reconsideration re 61 Order on Motion for Reconsideration ; Noting Date 6/3/2011, pltf's response due 6/1/11 by Judge Robert S. Lasnik. (RS) (Entered: 05/26/2011)

May 25, 2011 PACER
65

STIPULATION AND PROPOSED ORDER for Stay of Order by parties re 61 Order on Motion for Reconsideration, 53 Order on Motion to Stay. (Sowles, Marcia Kay) (Entered: 05/26/2011)

May 26, 2011 PACER
66

STIPULATION AND PROPOSED ORDER TO CONSOLIDATE BRIEFING by parties. (Desormeau, Katherine) (Entered: 05/31/2011)

May 31, 2011 PACER
67

RESPONSE, by Plaintiff American Civil Liberties Union of Washington, to 63 MOTION for Reconsideration re 61 Order on Motion for Reconsideration. (Desormeau, Katherine) (Entered: 06/01/2011)

June 1, 2011 PACER
68

STIPULATION AND PROPOSED ORDER Stipulation for Extension of Time to File Reply in Support of Second Motion for Reconsideration by parties re 63 MOTION for Reconsideration re 61 Order on Motion for Reconsideration. (Kipnis, Brian) (Entered: 06/02/2011)

June 2, 2011 PACER
69

STIPULATION AND ORDER TO CONSOLIDATE BRIEFING by Judge Robert S. Lasnik. (RS) (Entered: 06/03/2011)

June 2, 2011 PACER
70

STIPULATION AND ORDER FOR STAY OF ORDER by Judge Robert S. Lasnik. (RS) (Entered: 06/03/2011)

June 3, 2011 PACER
71

ORDER EXTENDING TIME FOR REPLY, by Judge Robert S. Lasnik. The Clerk of Court is directed to re-note defendant's "Notice of Motion and Second Motion for Reconsideration" (Dkt. # 63 ) on the Court's calendar for June 10, 2011.Reply due 6/7/2011. (CL) (Entered: 06/06/2011)

June 6, 2011 RECAP
72

REPLY, filed by Defendant US Department of Justice, TO RESPONSE to 63 MOTION for Reconsideration re 61 Order on Motion for Reconsideration (Sowles, Marcia Kay) (Entered: 06/07/2011)

June 7, 2011 PACER
73

ORDER granting dft's 63 Second Motion for Reconsideration by Judge Robert S. Lasnik.(RS) (Entered: 06/20/2011)

June 20, 2011 PACER
74

NOTICE of Filing Supplemental Vaughn Declarations re 45 Order on Motion for Summary Judgment ; filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit A -- Fourth Declaration of Christopher Piehota, # 2 Exhibit B -- Third Supplemental Declaration of David M. Hardy)(Sowles, Marcia Kay) (Entered: 06/22/2011)

1 Exhibit A -- Fourth Declaration of Christopher Piehota

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2 Exhibit B -- Third Supplemental Declaration of David M. Hardy

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June 22, 2011 PACER
75

STIPULATION AND PROPOSED ORDER to Extend Deadlines for Plaintiff to file Supplemental Memorandum and for Defendant to submit documents for in camera review by parties re 69 Stipulation and Order, 61 Order on Motion for Reconsideration. (Sowles, Marcia Kay) (Entered: 06/22/2011)

June 22, 2011 PACER
76

STIPULATION AND ORDER for an extension of time by Judge Robert S. Lasnik. (RS) (Entered: 06/28/2011)

June 27, 2011 PACER
77

NOTICE of Submission of Documents for In Camera Review ; filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit A - Chart of Documents Submitted In Camera, # 2 Exhibit B -- Part 1 (redacted version of documents submitted In Camera), # 3 Exhibit B -- Part 2 (redacted version of documents submitted In Camera), # 4 Exhibit B -- Part 3 (redacted version of documents submitted In Camera))(Sowles, Marcia Kay) (Entered: 07/06/2011)

1 Exhibit A - Chart of Documents Submitted In Camera

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2 Exhibit B -- Part 1 (redacted version of documents submitted In Camera)

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3 Exhibit B -- Part 2 (redacted version of documents submitted In Camera)

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4 Exhibit B -- Part 3 (redacted version of documents submitted In Camera)

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July 6, 2011 PACER
78

MEMORANDUM to Assist the Court in Its In Camera Review by Plaintiff American Civil Liberties Union of Washington. (Desormeau, Katherine) (Entered: 07/06/2011)

July 6, 2011 PACER
79

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Melody Rose Spidell for Plaintiff American Civil Liberties Union of Washington. (Dunne, Sarah) (Entered: 05/10/2012)

May 10, 2012 PACER
80

ORDER FOLLOWING IN CAMERA REVIEW by Judge Robert S. Lasnik. (RS) (Entered: 09/21/2012)

Sept. 21, 2012 RECAP
81

JUDGMENT BY COURT is hereby entered (RS) (Entered: 09/26/2012)

Sept. 26, 2012 PACER
82

MOTION for Reconsideration re 80 Order, Terminated Case by Defendant US Department of Justice. Noting Date 10/1/2012, (Sowles, Marcia Kay) (Entered: 10/01/2012)

Oct. 1, 2012 PACER
83

NOTICE of Lodging of In Camera, Ex Parte Classified Declaration of David M. Hardy re 82 MOTION for Reconsideration re 80 Order, Terminated Case ; filed by Defendant US Department of Justice. (Sowles, Marcia Kay) (Entered: 10/01/2012)

Oct. 1, 2012 PACER
84

STIPULATION AND PROPOSED ORDER Regarding Court's Order Dated September 21, 2012 by parties re 80 Order, Terminated Case. (Sowles, Marcia Kay) (Entered: 10/01/2012)

Oct. 1, 2012 PACER
85

ORDER FOR FURTHER BRIEFING; RE-NOTING 82 MOTION for Reconsideration re 80 Order, Terminated Case ; Noting Date 10/19/2012, by Judge Robert S. Lasnik. (RS) (Entered: 10/09/2012)

Oct. 9, 2012 PACER
86

Stipulation and Order

Oct. 9, 2012 PACER
87

Application for Leave to Appear Pro Hac Vice

Oct. 12, 2012 PACER
88

Order on Application for Leave to Appear Pro Hac Vice

Oct. 12, 2012 PACER
89

Response to Motion

Oct. 16, 2012 PACER
90

Reply to Response to Motion

Oct. 19, 2012 PACER
91

ORDER Granting Third 82 Motion for Reconsideration by Judge Robert S. Lasnik.(TF)

Nov. 20, 2012 RECAP
92

ORDER amending 80 Order following in camera review by Judge Robert S. Lasnik. (RS)

Dec. 6, 2012 RECAP
93

Stipulated Motion

Jan. 7, 2013 PACER
94

Order on Stipulated Motion

Jan. 10, 2013 PACER
95

Stipulation

Feb. 19, 2013 PACER
96

Stipulation and Order

Feb. 21, 2013 PACER
97

Stipulation

March 7, 2013 RECAP
98

Stipulation and Order

March 11, 2013 RECAP

State / Territory: Washington

Case Type(s):

National Security

Key Dates

Filing Date: May 8, 2009

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The American Civil Liberties Union (ACLU) of Washington

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States 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)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Required disclosure

Issues

General:

Records Disclosure

Type of Facility:

Government-run