Case: American Civil Liberties Union v. Federal Bureau of Investigation

1:08-cv-03584 | U.S. District Court for the Southern District of New York

Filed Date: April 15, 2008

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On April 15, 2008, American Civil Liberties Union (ACLU) filed a complaint in U.S. District Court for the Southern District of New York under the Freedom of Information Act (FOIA). The plaintiff sought immediate processing and release of the records previously requested from the Federal Bureau of Investigation (FBI). The plaintiff alleged that the FBI failed to timely process and produce documents in response to the FOIA request. In addition, the plaintiff alleged that they were entitled to exp…

On April 15, 2008, American Civil Liberties Union (ACLU) filed a complaint in U.S. District Court for the Southern District of New York under the Freedom of Information Act (FOIA). The plaintiff sought immediate processing and release of the records previously requested from the Federal Bureau of Investigation (FBI). The plaintiff alleged that the FBI failed to timely process and produce documents in response to the FOIA request. In addition, the plaintiff alleged that they were entitled to expedited processing of the request and to a waiver or limitation of processing fees.

Specifically, on November 29, 2007, the plaintiff alleged that it submitted the FOIA request to the FBI after the Department of Defense released records to the ACLU in response to a separate FOIA lawsuit that suggested the FBI may be issuing National Security Letters for the military.

The plaintiff sought expedited processing of the request on the grounds that the records were urgently needed by an organization "primarily engaged in disseminating information" in order to "inform the public about actual or alleged Federal Government activity" and because the records related to a "matter of widespread and exceptional media interest in which there exist possible questions about the government's integrity which affect public confidence."

On August 18, 2008, the parties stipulated and agreed that defendant will complete its processing of the request and that plaintiff's rights under FOIA to challenge the adequacy of any search would not be affected.

On September 16, 2008, the Court (Judge Victor Marrero) ordered the case to be conditionally discontinued provided in furtherance of the terms of the parties' stipulation and order dated August 18, 2008.

On November 21, 2008, the processing of plaintiffs' FOIA request was completed and documents were released to the plaintiffs by the FBI. Thus, on December 19, 2008, both parties agreed to settle.

Summary Authors

Ginny Lee (2/10/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4341693/parties/american-civil-liberties-union-v-federal-bureau-of-investigation/


Judge(s)

Marrero, Victor (New York)

Attorneys(s) for Plaintiff

Eisenberg, Arthur (New York)

Goodman, Melissa (New York)

Jaffer, Jameel (New York)

Tully, L. Danielle (New Jersey)

Attorneys(s) for Defendant

Turner, Serrin Andrew (New York)

Judge(s)

Marrero, Victor (New York)

Attorneys(s) for Plaintiff

Eisenberg, Arthur (New York)

Goodman, Melissa (New York)

Jaffer, Jameel (New York)

Tully, L. Danielle (New Jersey)

Attorneys(s) for Defendant

Turner, Serrin Andrew (New York)

Documents in the Clearinghouse

Document

1:08-cv-03584

Docket

Dec. 19, 2008

Dec. 19, 2008

Docket
1

1:08-cv-03584

Complaint for Injunctive Relief

April 15, 2008

April 15, 2008

Complaint
11

1:08-cv-03584

Stipulation and Order

American Civil Liberties Union et al v. Federal Bureau of Investigation

Dec. 19, 2008

Dec. 19, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4341693/american-civil-liberties-union-v-federal-bureau-of-investigation/

Last updated Aug. 25, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Federal Bureau of Investigation. (Filing Fee $ 350.00, Receipt Number 647576)Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(mbe)

April 15, 2008

April 15, 2008

RECAP
2

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(mbe)

April 15, 2008

April 15, 2008

RECAP
3

NOTICE OF CASE ASSIGNMENT to Judge Victor Marrero. (mbe) (mbe).

May 2, 2008

May 2, 2008

RECAP
4

ANSWER to Complaint. Document filed by Federal Bureau of Investigation.(Turner, Serrin)

May 16, 2008

May 16, 2008

RECAP
5

NOTICE OF INITIAL CONFERENCE Initial Conference set for 7/18/2008 at 10:15 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero. (Signed by Judge Victor Marrero on 7/1/08) (mme)

July 1, 2008

July 1, 2008

RECAP
6

ENDORSED LETTER addressed to Judge Victor Marrero from Serrin Turner dated 7/16/08 re: Request for a 4 week adjournment of the scheduled 7/18/08 initial conference. ENDORSEMENT: Request GRANTED. The initial status conference herein is rescheduled to 8/29/08 at 4:30 p.m. SO ORDERED. (Initial Conference set for 8/29/2008 at 04:30 PM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 7/16/08) (db)

July 17, 2008

July 17, 2008

RECAP
9

CONDITIONAL ORDER OF DISCONTINUANCE: It is hereby ordered that this action be conditionally discontinued without prejudice and without costs; provided, however, that in furtherance of the terms of the parties' Stipulation and Orderdated August 18, 2008, (the "Agreement"), within thirty (30) days of November 21, 2008, the parties may submit to the Court their own final Stipulation of Dismissal for the Court to So Order. Otherwise, within such time counsel for plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event by the deadline indicated the settlement is not consummated. Upon such notification, the defendant shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within thirty days of the plaintiff's application for reinstatement, to schedule remaining pre−trial proceedings and/or dispositive motions, as appropriate. This Ordershall be deemed a final discontinuance of the action with prejudice in the event plaintiff has not requested restoration of the case to the active calendar within such period of time. The next status conference herein is scheduled for December 19, 2008 at 9:30 a.m. in the event plaintiff notifies the Court that the parties' settlement was not effectuated in accordance with the parties' August 18, 2008 Agreement, and that such conference is necessary to resume pretrial proceedings herein. The Clerk of Court is directed to close this case. (Signed by Judge Victor Marrero on 9/16/2008) (jfe) (Entered: 09/17/2008)

Sept. 17, 2008

Sept. 17, 2008

10

FILING ERROR − ELECTRONIC FILING FOR NON−ECF DOCUMENT −STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above−captioned action is voluntarily dismissed, with prejudice against the defendant(s) all defendants and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, Federal Bureau of Investigation.(Turner, Serrin) Modified on 12/19/2008 (dt). (Entered: 12/18/2008)

Dec. 18, 2008

Dec. 18, 2008

***NOTE TO ATTORNEY TO E−MAIL PDF. Note to Attorney Serrin Turner for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules &Instructions. E−MAIL the PDF for Document 10 Stipulation of Voluntary Dismissal, to: judgments@nysd.uscourts.gov. (dt) (Entered: 12/19/2008)

Dec. 19, 2008

Dec. 19, 2008

11

STIPULATION AND ORDER; The parties agree to settle and compromise this action on the terms set forth below. This action is hereby dismissed with prejudice, without an award of costs or fees to either party. The release of the records already provided shall be in full settlement of plaintiffs' claim in this lawsuit. This Stipulation and Order shall have no effect or bearing on any other FOIA request made by the plaintiffs or any other FOIA litigation filed by plaintiffs. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. SO ORDERED. The Clerk of the Court is directed to withdraw any pending motions in this action and to close this case. SO ORDERED. (Signed by Judge Victor Marrero on 12/19/2008) (tve) (Entered: 12/19/2008)

Dec. 19, 2008

Dec. 19, 2008

7

STIPULATION AND ORDER: It is hereby stipulated and agreed that Defendant's will complete its processing of the Request by November 21, 2008. The parties may agree to extend any of the deadlines set forth in this Stipulation and Order without approval of the Court. This Stipulation and Order shall not affect the defendant's right to redact or withhold requested records pursuant to applicable FOIA exemptions. This Stipulation and Order shall not affect the plaintiff's right under FOIA to challenge the adequacy of any search, withholding, or redaction of requested records, or any refusal of a fee waiver or limitation, This Stipulation and Order shall have no effect or bearing on any request for expedited processing or fee waiver or fee limitation in connection with any other FOIA request made by the plaintiff's. Plaintiff's expressly waive any argument that entry of this Stipulation and Order, or any party's compliance with the terms of this Stipulation and Order, confers prevailing-party status upon plaintiff's under the FOIA's fee-shifting provisions, 5 U.S.C 552(a)(4)(E), or otherwise entitles plaintiff's to attorney's fees. The parties understood and agree that this stipulation and order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. (Signed by Judge Victor Marrero on 8/24/2008) (jfe)

Aug. 25, 2008

Aug. 25, 2008

RECAP
8

STIPULATION AND ORDER: It is hereby stipulated and agreed that Defendant's will complete its processing of the Request by November 21, 2008. The parties may agree to extend any of the deadlines set forth in this Stipulation and Order without approval of the Court. This Stipulation and Order shall not affect the defendant's right to redact or withhold requested records pursuant to applicable FOIA exemptions. This Stipulation and Order shall not affect the plaintiff's right under FOIA to challenge the adequacy of any search, withholding, or redaction of requested records, or any refusal of a fee waiver or limitation, This Stipulation and Order shall have no effect or bearing on any request for expedited processing or fee waiver or fee limitation in connection with any other FOIA request made by the plaintiff's. Plaintiff's expressly waive any argument that entry of this Stipulation and Order, or any party's compliance with the terms of this Stipulation and Order, confers prevailing-party status upon plaintiff's under the FOIA's fee-shifting provisions, 5 U.S.C 552(a)(4)(E), or otherwise entitles plaintiff's to attorney's fees. The parties understood and agree that this stipulation and order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. ENDORSED: Request GRANTED. The next status conference herein is rescheduled to 12/19/2008 at 9:30 a.m. So Ordered. (Signed by Judge Victor Marrero on 8/25/2008) (jfe)

Aug. 25, 2008

Aug. 25, 2008

RECAP

Case Details

State / Territory: New York

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 15, 2008

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff American Civil Liberties Union is a nationwide, non-profit organization with over 500,000 members dedicated to the constitutional principles of liberty and equality.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Bureau of Investigation, Federal

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:

Voluntary Dismissal

Conditional Dismissal

Amount Defendant Pays: 60

Order Duration: 2008 - 2008

Content of Injunction:

Reporting

Required disclosure

Issues

General:

Records Disclosure

Type of Facility:

Government-run