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

1:13-cv-07347 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 17, 2013

Clearinghouse coding complete

Case Summary

On October 17, 2013, the ACLU filed this lawsuit against the United States Department of Justice (DOJ) in the United States District Court for the Southern District of New York under the Freedom of Information Act (5 U.S.C. § 552) (FOIA). The suit requested an injunction requiring the DOJ to disclose records regarding DOJ's policy on giving notice to criminal defendants against whom it intends to use evidence obtained from warrantless surveillance, including information obtained under surveilla…

On October 17, 2013, the ACLU filed this lawsuit against the United States Department of Justice (DOJ) in the United States District Court for the Southern District of New York under the Freedom of Information Act (5 U.S.C. § 552) (FOIA). The suit requested an injunction requiring the DOJ to disclose records regarding DOJ's policy on giving notice to criminal defendants against whom it intends to use evidence obtained from warrantless surveillance, including information obtained under surveillance orders authorized by Section 702 of the FISA Amendments Act.

After the suit commenced, the DOJ began processing parts of the ACLU's initial FOIA request. The DOJ found several responsive documents, but withheld them, citing FOIA's Exemption 5, which allows the government to decline to disclose "inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency." 5 U.S.C. § 552(b)(5). The ACLU responded by challenging the adequacy of the scope of the DOJ's search as well as the application of Exemption 5 to the documents in question. Both parties then filed cross motions for summary judgment.

On March 3, 2015, the District Court (Judge Gregory H. Woods) ruled on the motions for summary judgment, holding that the ACLU's motion was granted with respect to the scope of DOJ's search, and that the DOJ's motion was granted with respect to the applicability of Exemption 5 to the documents that had already been found. The court ordered the DOJ to conduct a new search for documents including "legal memoranda or opinions addressing or interpreting the [FISA Amendment Act's] notice provisions or requirements, as set forth in 50 U.S.C. § 1181e(a) and § 1806(c)." The order required the DOJ to search for any relevant documents without limiting the search to "governing" documents, and to release any responsive documents that didn't fall under a FOIA exemption. Because the granted motions for summary judgment disposed of all issues in the case, the court also ordered the case closed.

On March 5, 2015, the court issued an order reopening the case in order to allow the parties to litigate the issue regarding the search for responsive documents in United States Attorney's Offices that hadn't previously been searched. On November 23, 2015, the DOJ filed a motion for summary judgement on the adequacy of their second search, and claiming that the additional documents found were also entitled to FOIA's Exemption 5 protection. On December 23, 2015 the ACLU filed a cross-motion for summary judgement, challenging the DOJ's motion.

On September 27, 2016 the District Court (Judge Gregory H. Woods) ruled on the motions for summary judgment, holding that the DOJ's motion was granted on the adequacy of their search and that the DOJ's motion was granted in regards to the additional documents, with the exception of one document. The ACLU's motion was denied in part and granted in reference to one of the documents, with the court finding that the DOJ did not provide sufficient information detailing why that document was due protection. The court directed the DOJ to submit revised submissions addressing the document in question and directed them to file a renewed motion for partial summary judgement no later than November 14, 2016.

On May 2, 2017, the Court granted DOJ's renewed motion for summary judgment. The Court found that the remaining documents at issue were appropriately withheld under FOIA's Exemption 5 and that the documents at issue did not contain reasonably segregable non-exempt information that required disclosure. The court then terminated all pending motions and closed the case.

Summary Authors

Ian Williams (10/6/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4352849/parties/american-civil-liberties-union-v-united-states-department-of-justice/


Judge(s)

Woods, Gregory Howard III (New York)

Attorneys(s) for Plaintiff

Abdo, Alex (New York)

Eisenberg, Arthur (New York)

Jaffer, Jameel (New York)

Kaufman, Brett Max (New York)

Toomey, Patrick Christopher (New York)

Attorneys(s) for Defendant

Torrance, Benjamin H. (New York)

Judge(s)

Woods, Gregory Howard III (New York)

Attorneys(s) for Plaintiff

Abdo, Alex (New York)

Eisenberg, Arthur (New York)

Jaffer, Jameel (New York)

Kaufman, Brett Max (New York)

Toomey, Patrick Christopher (New York)

Attorneys(s) for Defendant

Torrance, Benjamin H. (New York)

Documents in the Clearinghouse

Document

1:13-cv-07347

Docket [PACER]

ACLU v. Department of Justice

May 3, 2017

May 3, 2017

Docket
1

1:13-cv-07347

Complaint for Injunctive Relief

ACLU v. Department of Justice

Oct. 17, 2013

Oct. 17, 2013

Complaint
35

1:13-cv-07347

Memorandum Opinion and Order

ACLU v. Department of Justice

90 F.Supp.3d 201

March 3, 2015

March 3, 2015

Order/Opinion
61

1:13-cv-07347

Memorandum Opinion and Order

210 F.Supp.3d 467, 2016 WL 5394738

Sept. 27, 2016

Sept. 27, 2016

Order/Opinion
69

1:13-cv-07347

Memorandum Opinion and Order

252 F.Supp.3d 217, 2017 WL 1658780

May 2, 2017

May 2, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4352849/american-civil-liberties-union-v-united-states-department-of-justice/

Last updated Aug. 28, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against United States Department of Justice. (Filing Fee $ 350.00, Receipt Number 465401079194)Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(msa) (Entered: 10/22/2013)

Oct. 17, 2013

Oct. 17, 2013

RECAP
2

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER
3

AFFIDAVIT OF SERVICE of Summons served on United States Department of Justice on 10/24/2013. Service was made by MAIL. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 10/24/2013)

Oct. 24, 2013

Oct. 24, 2013

RECAP
4

AFFIDAVIT OF SERVICE of Summons served on Eric H. Holder, Attorney General of the United States on 10/24/2013. Service was made by MAIL. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 10/24/2013)

Oct. 24, 2013

Oct. 24, 2013

PACER
5

AFFIDAVIT OF SERVICE of Summons served on United States Attorney for the Southern District of New York on 10/24/2013. Service was made by MAIL. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 10/24/2013)

Oct. 24, 2013

Oct. 24, 2013

PACER
6

ANSWER to 1 Complaint. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

PACER
7

PRETRIAL ORDER: The above entitled action has been assigned to Judge Robert W. Sweet for all purposes. Counsel are directed to meet and discuss settlement, pretrial discovery and all preliminary matters. If this action has been settled or otherwise terminated, counsel are directed to file or mail a stipulation of discontinuance, voluntary dismissal, or other proof of termination of the action prior to the date of the pretrial conference with Tsz Chan, Courtroom Clerk to Judge Sweet, Room 18C, U.S. Courthouse, 500 Pearl Street, New York, New York 10007; otherwise counsel are directed to appear in courtroom 18C on 1/15/2014 for a pretrial conference for the reason set forth herein. Plaintiff(s)' counsel ARE REQUIRED TO NOTIFY COUNSEL FOR ALL PARTIES OF THIS CONFERENCE. (See Order). (Pretrial Conference set for 1/15/2014 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 1/2/2014) (ja) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

PACER
8

JOINT LETTER MOTION to Adjourn Conference scheduled for Jan. 15, 2014, addressed to Judge Robert W. Sweet from Benjamin H. Torrance dated January 14, 2014. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
9

ORDER granting 8 Letter Motion to Adjourn Conference. So ordered. (Signed by Judge Robert W. Sweet on 1/14/2014) (ja) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
10

ORDER: The parties are hereby ORDERED to submit a joint letter to the Court updating the Court on the status of the case by April 30, 2014. The letter should address the status of the stipulation referenced in the parties' joint application to the Court of January 14, 2014. (Signed by Judge Gregory H. Woods on 4/4/2014) (djc) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
11

JOINT LETTER addressed to Judge Gregory H. Woods from Patrick C. Toomey dated April 30, 2014 re: Case Status, Conference, and Schedule. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

RECAP
12

MEMO ENDORSEMENT on re: 11 Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation. ENDORSEMENT: As discussed on the telephone conference of May 5, 2014, the parties shall jointly notify the Court by May 12, 2014 regarding the status of the EOUSA's processing of the request. Briefing on the NSD issue shall proceed by the schedule proposed by the parties. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/5/2014) (djc) (Entered: 05/05/2014)

May 5, 2014

May 5, 2014

PACER
13

LETTER addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated May 12, 2014 re: update on deadline for production. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER
14

MEMO ENDORSEMENT on re: 13 Letter filed by United States Department of Justice. As discussed at a status conference on May 5, 2014, the Court has directed counsel for the parties to confer regarding plaintiffs' request for documents from the United States Attorney's Offices in the District of Colorado and the District of Oregon. The government agrees that the search, processing, and production of those documents is to be completed by May 30, 2014. ENDORSEMENT: The May 30, 2014 deadline for the production of documents is SO ORDERED. (Signed by Judge Gregory H. Woods on 5/12/2014) (ama) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER
15

LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated June 11, 2014. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 06/11/2014)

June 11, 2014

June 11, 2014

PACER
16

ORDER granting 15 Letter Motion for Extension of Time. Application granted. The government's motion for summary judgment is due July 25, 2014; the ACLU's cross motion and opposition is due August 22, 2014; the government's opposition and reply is due September 5, 2014; and the ACLU's reply is due September 19, 2014. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

PACER
17

MOTION for Partial Summary Judgment . Document filed by United States Department of Justice. Responses due by 8/22/2014(Torrance, Benjamin) (Entered: 07/25/2014)

July 25, 2014

July 25, 2014

PACER
18

MEMORANDUM OF LAW in Support re: 17 MOTION for Partial Summary Judgment . . Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 07/25/2014)

July 25, 2014

July 25, 2014

RECAP
19

DECLARATION of Mark A. Bradley in Support re: 17 MOTION for Partial Summary Judgment .. Document filed by United States Department of Justice. (Attachments: # 1 Exhibit index of documents)(Torrance, Benjamin) (Entered: 07/25/2014)

1 Exhibit index of documents

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July 25, 2014

July 25, 2014

PACER
20

DECLARATION of Benjamin H. Torrance in Support re: 17 MOTION for Partial Summary Judgment .. Document filed by United States Department of Justice. (Attachments: # 1 Exhibit Mohamud Discovery Memo, # 2 Exhibit OIP Letter)(Torrance, Benjamin) (Entered: 07/25/2014)

1 Exhibit Mohamud Discovery Memo

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2 Exhibit OIP Letter

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July 25, 2014

July 25, 2014

PACER
21

DECLARATION of Zeyen J. Wu in Support re: 17 MOTION for Partial Summary Judgment .. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 07/25/2014)

July 25, 2014

July 25, 2014

RECAP
22

DECLARATION of Charles F. Gorder, Jr. in Support re: 17 MOTION for Partial Summary Judgment .. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 07/25/2014)

July 25, 2014

July 25, 2014

RECAP
23

MOTION for Partial Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 08/22/2014)

Aug. 22, 2014

Aug. 22, 2014

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24

MEMORANDUM OF LAW in Support re: 23 MOTION for Partial Summary Judgment . and in Opposition to Defendant's Motion for Partial Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 08/22/2014)

Aug. 22, 2014

Aug. 22, 2014

RECAP
25

DECLARATION of Patrick Toomey in Support re: 23 MOTION for Partial Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A-G, # 2 Exhibit H, # 3 Exhibit I, # 4 Exhibit J)(Toomey, Patrick) (Entered: 08/22/2014)

1 Exhibit A-G

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2 Exhibit H

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3 Exhibit I

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4 Exhibit J

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Aug. 22, 2014

Aug. 22, 2014

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26

MEMORANDUM OF LAW in Opposition re: 17 MOTION for Partial Summary Judgment ., 23 MOTION for Partial Summary Judgment . Reply Mem. in support of government's motion. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

RECAP
27

DECLARATION of Mark A. Bradley in Opposition re: 17 MOTION for Partial Summary Judgment ., 23 MOTION for Partial Summary Judgment .. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER
28

DECLARATION of John B. Wiegmann in Opposition re: 17 MOTION for Partial Summary Judgment ., 23 MOTION for Partial Summary Judgment .. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER
29

REPLY MEMORANDUM OF LAW in Support re: 23 MOTION for Partial Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

RECAP
30

DECLARATION of Patrick Toomey in Support re: 23 MOTION for Partial Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A)(Toomey, Patrick) (Entered: 09/19/2014)

1 Exhibit A

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Sept. 19, 2014

Sept. 19, 2014

PACER
31

LETTER addressed to Judge Gregory H. Woods from Patrick Toomey dated October 8, 2014 re: Supplemental Authorities. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

RECAP
32

LETTER addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated October 16, 2014 re: response to supplemental authorities. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 10/16/2014)

Oct. 16, 2014

Oct. 16, 2014

RECAP
33

LETTER addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated December 23, 2014 re: supplemental authority. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 12/23/2014)

Dec. 23, 2014

Dec. 23, 2014

PACER
34

LETTER addressed to Judge Gregory H. Woods from Patrick Toomey dated December 29, 2014 re: Response to supplemental authority. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 12/29/2014)

Dec. 29, 2014

Dec. 29, 2014

PACER
35

MEMORANDUM OPINION AND ORDER re: 17 MOTION for Partial Summary Judgment, filed by United States Department of Justice, 23 MOTION for Partial Summary Judgment, filed by American Civil Liberties Union, American Civil Liberties Union Foundation. The ACLU's motion for summary judgment based on the scope of DOJ's search is GRANTED IN PART as described above. The Court orders DOJ to conduct a new search for the documents requested in Part 3, without limiting that search to "governing" documents, and to release any responsive records that do not fall under a FOIA exemption. To the extent that the ACLU's motion challenges other aspects of DOJ's search, it is DENIED IN PART. The government's motion for summary judgment based on the applicability of Exemption 5 to the documents listed in the government's Vaughn index is GRANTED. The ACLU's cross-motion on that issue is DENIED. The Clerk of Court is directed to terminate the motions pending at docket numbers 17 and 23 and to close this case. (Signed by Judge Gregory H. Woods on 3/3/2015) (kko) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

RECAP
36

LETTER addressed to Judge Gregory H. Woods from Patrick Toomey dated March 5, 2015 re: Case Closing. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

PACER
37

CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum Opinion and Order dated March 3, 2015, the ACLU's motion for summary judgment based on the scope of DOJ's search is granted in part as described in that Order; the Court orders DOJ to conduct a new search for the documents requested in Part 3, without limiting that search to governing documents, and to release any responsive records that do nor fall under a FOIA exemption; to the extent that the ACLU's motion challenge other aspects of DOJ's search, it is denied in part; the government's motion for summary judgment based on the applicability of Exemption 5 to the documents listed in the government's Vaughn index is granted; the ACLU's cross-motion on that issue is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/5/2015) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Entered: 03/05/2015)

1 Notice of Right to Appeal

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2 Notice of Right to Appeal

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March 5, 2015

March 5, 2015

PACER
38

ORDER: As discussed during a telephone conference on March 5, 2015, this case will be reopened to enable the parties to litigate an outstanding issue: the search for records in U.S. Attorney's Offices other than those previously searched. The Court will hold a status conference on Thursday, April 2, 2015 at 3:00 p.m. The parties are ordered to confer regarding the government's compliance with the Court's March 3, 2015 order and the search of additional U.S. Attorney's Offices and to submit a joint status letter no later than March 26, 2015. The Clerk of Court is ordered to restore this case to the Court's active calendar. (Status Conference set for 4/2/2015 at 03:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 3/5/2015) (kko) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

PACER
39

JOINT LETTER addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated March 20, 2015 re: Joint Status Report. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

RECAP
40

ORDER: As discussed during an April 2, 2015 conference, the parties are ordered to submit to the Court a joint letter regarding the status of this case no later than April 16, 2015. If the parties are unable to negotiate and agree upon a stipulation regarding the ongoing searches before that time, the parties shall include in the letter a set of firm dates by which the government can produce the documents requested by the ACLU, and, if necessary, the parties shall propose a briefing schedule to resolve any disputes regarding the scope of the request. (Signed by Judge Gregory H. Woods on 4/3/2015) (kko) (Entered: 04/03/2015)

April 3, 2015

April 3, 2015

PACER
41

LETTER addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated April 16, 2015 re: status report. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER
42

MEMO ENDORSEMENT on re: 41 Letter re: status report filed by United States Department of Justice. ENDORSEMENT: The government is ordered to produce to the ACLU all responsive documents it intends to disclose, if any, as well as a Vaughn index for any withheld documents, no later than August 21, 2015. The parties shall submit a joint letter no later than August 28, 2015, confirming that the searches and production are complete and notifying the Court as to whether any motions are anticipated or if the case should be closed at that time. If production is complete or an agreement is reached before August 21, 2015, the parties should notify the Court within one week of any such change in status. (Signed by Judge Gregory H. Woods on 4/17/2015) (kko) (Entered: 04/17/2015)

April 17, 2015

April 17, 2015

PACER
43

LETTER MOTION for Extension of Time and status report regarding search and production of documents addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated August 27, 2015. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 08/27/2015)

Aug. 27, 2015

Aug. 27, 2015

PACER
44

ORDER granting 43 Letter Motion for Extension of Time. Application granted. The deadline for the parties' joint letter is extended to September 16, 2015. The Clerk of Court is directed to terminate the motion pending at Docket Number 43. (Signed by Judge Gregory H. Woods on 8/27/2015) (mro) (Entered: 08/27/2015)

Aug. 27, 2015

Aug. 27, 2015

PACER
45

LETTER addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated Sept. 16, 2015 re: schedule for upcoming cross-motions. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 09/16/2015)

Sept. 16, 2015

Sept. 16, 2015

PACER
46

ORDER: As discussed during a telephone conference on September 22, 2015, the ACLU's deadline to identify to the government the documents whose withholding it is challenging is October 2, 2015. The government's deadline to file a motion for summary judgment is November 23, 2015; the ACLU's opposition and cross-motion for summary judgment is due no later than December 22, 2015; the government's reply in support of its motion and opposition to the ACLU's cross-motion is due no later than January 15, 2016; and the ACLU's reply in support of its cross-motion is due no later than January 29, 2016. (Cross Motions due by 12/22/2015. Motions due by 11/23/2015. Responses due by 1/15/2016, Replies due by 1/29/2016.) (Signed by Judge Gregory H. Woods on 9/22/2015) (kko) (Entered: 09/22/2015)

Sept. 22, 2015

Sept. 22, 2015

PACER
47

MOTION for Summary Judgment . Document filed by United States Department of Justice. Responses due by 12/22/2015(Torrance, Benjamin) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
48

MEMORANDUM OF LAW in Support re: 47 MOTION for Summary Judgment . . Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
49

DECLARATION of Mark A. Bradley in Support re: 47 MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Attachments: # 1 Index of documents)(Torrance, Benjamin) (Entered: 11/23/2015)

1 Index of documents

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Nov. 23, 2015

Nov. 23, 2015

PACER
50

DECLARATION of John Kornmeier in Support re: 47 MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

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51

DECLARATION of Vanessa R. Brinkmann in Support re: 47 MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
52

MOTION for Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

PACER
53

MEMORANDUM OF LAW in Support re: 52 MOTION for Summary Judgment . and in Opposition to Defendant's Motion for Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

PACER
54

DECLARATION of Patrick Toomey in Support re: 52 MOTION for Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A-K)(Toomey, Patrick) (Entered: 12/22/2015)

1 Exhibit A-K

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Dec. 22, 2015

Dec. 22, 2015

PACER
55

REPLY MEMORANDUM OF LAW in Support re: 47 MOTION for Summary Judgment . and in opposition to plaintiff's mot. for s.j. 52 . Document filed by United States Department of Justice. (Attachments: # 1 Smith Decl.)(Torrance, Benjamin) (Entered: 01/15/2016)

1 Smith Decl.

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Jan. 15, 2016

Jan. 15, 2016

PACER
56

REPLY MEMORANDUM OF LAW in Support re: 52 MOTION for Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

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57

LETTER addressed to Judge Gregory H. Woods from Patrick Toomey dated March 11, 2016 re: Cross-motions for summary judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Toomey, Patrick) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
58

LETTER addressed to Judge Gregory H. Woods from Benjamin H. Torrance dated March 16, 2016 re: Cross-motions for summary judgment. Document filed by United States Department of Justice.(Torrance, Benjamin) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
59

MOTION for Jameel Jaffer to Withdraw as Attorney . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Jaffer, Jameel) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
60

ORDER granting 59 Motion to Withdraw as Attorney. Mr. Jameel Jaffer is granted leave to withdraw as counsel for plaintiff. The Clerk of Court is instructed to remove Mr. Jaffer from the list of counsel in this case. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
61

MEMORANDUM OPINION AND ORDER re: 52 MOTION for Summary Judgment filed by American Civil Liberties Union, American Civil Liberties Union Foundation, 47 MOTION for Summary Judgment filed by United States Department of Justice. For the reasons stated above, DOJ's motion for summary judgment is GRANTED IN PART and DENIED IN PART without prejudice. The ACLU's cross-motion is GRANTED insofar as it challenges the adequacy of DOJ's Vaughn submissions on behalf of EOUSA and with respect to NSD Doc. No. 7, and is otherwise DENIED. The denial of the ACLU's motion is without prejudice to the extent that the motion challenges the withholding of documents by EOUSA and NSD Doc. No. 7. DOJ is directed to submit revised Vaughn submissions addressing the documents withheld by EOUSA and NSD Doc. No. 7 and a segregability analysis addressing the NSD documents the Court has found to be within the scope of Exemption 5, along with a renewed motion for partial summary judgment no later than November 14, 2016. The ACLU may file a renewed cross-motion for summary judgment with respect to the documents withheld by EOUSA and NSD Doc. No. 7 no later than 30 days from the date of service of DOJ's renewed motion. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 47 and 52. (As further set forth in this Order.) (Motions due by 11/14/2016.) (Signed by Judge Gregory H. Woods on 9/27/2016) (kko) (Entered: 09/27/2016)

Sept. 27, 2016

Sept. 27, 2016

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62

MOTION for Summary Judgment . Document filed by United States Department of Justice. Responses due by 12/14/2016(Torrance, Benjamin) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
63

DECLARATION of John W. Kornmeier in Support re: 62 MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
64

DECLARATION of Susan L. Kim in Support re: 62 MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
65

MEMORANDUM OF LAW in Support re: 62 MOTION for Summary Judgment . . Document filed by United States Department of Justice. (Torrance, Benjamin) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
66

MEMORANDUM OF LAW in Opposition re: 62 MOTION for Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

PACER
67

MOTION for Alexander Abdo to Withdraw as Attorney . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Abdo, Alexander) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER
68

MEMO ENDORSEMENT on MOTION OF ALEX ABDO TO WITHDRAW AS COUNSEL. ENDORSEMENT: Mr. Alex Abdo is granted leave to withdraw as counsel for plaintiff. The Clerk of Court is instructed to remove Mr. Abdo from the list of counsel in this case. The Clerk of Court is further directed to terminate the motion pending at Dkt. No. 67. So ordered. Granting 67 Motion to Withdraw as Attorney. Attorney Alexander Abraham Abdo terminated. (Signed by Judge Gregory H. Woods on 1/17/2017) (rjm) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
69

MEMORANDUM OPINION AND ORDER re: 62 MOTION for Summary Judgment filed by United States Department of Justice. For the reasons stated above, the DOJ's motion for summary judgment (Dkt. No. 62) is GRANTED. The Clerk of Court is directed to terminate all pending motions and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/2/2017) (anc) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

RECAP

Transmission to Judgments and Orders Clerk. Transmitted re: 69 Memorandum & Opinion to the Judgments and Orders Clerk. (anc)

May 2, 2017

May 2, 2017

PACER
70

CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated May 2, 2017, the DOJ's motion for summary judgment is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/3/2017) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 05/03/2017)

1 Right to Appeal

View on PACER

2 Right to Appeal

View on PACER

May 3, 2017

May 3, 2017

PACER

Case Details

State / Territory: New York

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 17, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

ACLU National

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States (Washington), Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Records Disclosure

Terrorism/Post 9-11 issues