Case: Poitras v. Department of Homeland Security

1:15-cv-01091 | U.S. District Court for the District of Columbia

Filed Date: July 13, 2015

Closed Date: April 11, 2019

Clearinghouse coding complete

Case Summary

On July 13, 2015, Laura Poitras, a documentary film-maker and journalist who focused on post-9/11 United States, filed this suit in the U.S. District Court for the District of Columbia under the Freedom of Information Act (FOIA). Poitras alleged that the U.S. Department of Homeland Security, the U.S. Department of Justice, and the Office of the Director of National Intelligence improperly withheld documents requested under FOIA relating to the systematic, targeted treatment experienced by the p…

On July 13, 2015, Laura Poitras, a documentary film-maker and journalist who focused on post-9/11 United States, filed this suit in the U.S. District Court for the District of Columbia under the Freedom of Information Act (FOIA). Poitras alleged that the U.S. Department of Homeland Security, the U.S. Department of Justice, and the Office of the Director of National Intelligence improperly withheld documents requested under FOIA relating to the systematic, targeted treatment experienced by the plaintiff in airport security between 2006 and 2012. The case was assigned to Judge Ketanji Brown Jackson.

During this time period, Poitras claimed to have been detained and questioned on every re-entrance into the U.S. after traveling internationally and further alleged that she was subjected to Secondary Security Screening Selection (increased security selection) on some domestic flights. According to the complaint, the treatment stemmed from the plaintiff's journalistic and documentary work, which documented and examined U.S. security and military conduct post-9/11. Specifically, she alleged that the pattern of airport detainment, questioning, and increased security screening began with the plaintiff's promotion of her documentary "My Country, My Country" (2006) in July 2006 and continued until a fellow journalist reported on the repeated detainments in April 2012. The documentary was about the U.S. military occupation of Iraq.

On January 24, 2014, Poitras filed FOIA requests with the defendants and constituent agencies requesting all agency records pertaining to the plaintiff. When the defendants did not comply, the plaintiff filed this lawsuit seeking injunctive relief compelling the defendants to respond to the FOIA requests.

On September 18, 2015, the court ordered the parties to confer and file a joint proposed schedule for briefing or disclosure. The parties filed a joint status report on October 1, 2015, agreeing that the defendants would begin producing non-exempt records requested by November 13, 2015.

After about a year of various releases, preliminary motions, and time extensions, the defendants filed a motion for summary judgment in June 2016. The plaintiff filed a cross-motion for summary judgment in two months later.

On March 21, 2017, the court denied without prejudice the plaintiff's cross-motion and granted in part and denied in part without prejudice the defendants' motion for summary judgment. The court found that general declarations about categories of withholdings in support of the defendants' invoked FOIA exemptions were insufficient to allow the court to determine whether such exemptions were properly invoked. Because of this, the court ordered the parties to file a proposed schedule with due dates for (1) a Vaughn Index of the FBI's withholdings and (2) renewed motions for summary judgment for remaining issues.

In July 2017, the defendants filed their second motion for summary judgment, followed shortly by the plaintiff's second cross-motion. The briefing schedule was temporarily suspended in the fall of 2017 after the FBI identified additional documents that were unintentionally withheld and the plaintiff was given the opportunity to review those records to determine any challenges against the new FBI withholdings. A new briefing schedule was adopted in October.

On October 24, 2017, the case was reassigned to Chief Judge Beryl A. Howell.

Chief Judge Howell granted the defendants’ second motion for summary judgment and denied the plaintiff’s second cross-motion for summary judgment on March 29, 2018, finding that the FBI’s withholdings were appropriate under exemptions 5 and 7 of FOIA, and that Customs and Border Patrol’s search of the New York field office was adequate. Additionally, the court held that both the FBI and the CBP satisfied their segregability obligations. 303 F.Supp.3d 136.

On October 1, 2018, Poitras moved for an award of $63,130 in attorneys’ fees and costs as a substantially prevailing party. Six months later, the court denied her motion for an award of attorneys’ fees, finding that the plaintiff's purpose of the FOIA request was self-interested and that the defendants' reasons for withholding were reasonable. 2019 WL 1569561.

Summary Authors

Ian Sander (11/28/2016)

Cade Boland (3/13/2018)

Claire Shimberg (5/7/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4213854/parties/poitras-v-department-of-homeland-security/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Abbuhl, Joshua Charles (District of Columbia)

Adebonojo, Kenneth A. (District of Columbia)

Anderson, Caroline J. (District of Columbia)

Andrapalliyal, Vinita B. (District of Columbia)

Baer, Michael Hendry (District of Columbia)

Judge(s)

Howell, Beryl Alaine (District of Columbia)

Jackson, Ketanji Brown (District of Columbia)

Attorney for Defendant

Abbuhl, Joshua Charles (District of Columbia)

Adebonojo, Kenneth A. (District of Columbia)

Anderson, Caroline J. (District of Columbia)

Andrapalliyal, Vinita B. (District of Columbia)

Baer, Michael Hendry (District of Columbia)

Beckenhauer, Eric B. (District of Columbia)

Bensing, Daniel Edward (District of Columbia)

Berhane, Fithawi (District of Columbia)

Bernie, Andrew Marshall (District of Columbia)

Berns, Matthew Joseph (District of Columbia)

Berry, Britney (District of Columbia)

Bhattacharyya, Rupa (District of Columbia)

Bickford, James O. (District of Columbia)

Bitran, Eva Lucia (District of Columbia)

Borson, Joseph Evan (District of Columbia)

Borum, Marian L. (District of Columbia)

Braswell, Marina Utgoff (District of Columbia)

Broomhead, Timothy E. (District of Columbia)

Bruce, Blanche L. (District of Columbia)

Brudy-Everett, Kristin (District of Columbia)

Bryce, Peter (District of Columbia)

Campbell, Rhonda Lisa (District of Columbia)

Caplen, Robert Aaron (District of Columbia)

Cartier, Nicholas P. (District of Columbia)

Castellano, Daniel Robert (District of Columbia)

Cirino, Paul (District of Columbia)

Cohen, Jason Todd (District of Columbia)

Cohen, Bradley Heath (District of Columbia)

Coleman, John R. (District of Columbia)

Coles-Huff, Doris Denise (District of Columbia)

Crimm, Nina Bafundo (District of Columbia)

Crowley, Megan Anne (District of Columbia)

Curteman, Dedra Seibel (District of Columbia)

Davis, Kathryn Celia (District of Columbia)

Dearinger, Bryan Scott (District of Columbia)

Desai, Vikas K. (District of Columbia)

Drezner, Michael Leon (District of Columbia)

DURRETT, DEANNA LYNN (District of Columbia)

Edney, Marsha S. (District of Columbia)

Elliott, Stephen McCoy (District of Columbia)

Englund, Robert N. (District of Columbia)

Fagan, Shannon L. (District of Columbia)

Farel, Lily Sara (District of Columbia)

Federighi, Carol (District of Columbia)

Feldon, Gary Daniel (District of Columbia)

Field, Brian J. (District of Columbia)

Fields, Rhonda C. (District of Columbia)

Fresco, Leon (District of Columbia)

Fu, Wenqiong (District of Columbia)

Gavoor, Aram A. (District of Columbia)

George, Jodi T. (District of Columbia)

Girdharry, Glenn M. (District of Columbia)

Glass, David Michael (District of Columbia)

Gonzalez-Horowitz, Brenda A. (District of Columbia)

Graham-Oliver, Heather D. (District of Columbia)

Guzman, Javier M. (District of Columbia)

Haas, Alexander Kenneth (District of Columbia)

Hair, Christopher Charles (District of Columbia)

Hammond, Derek S. (District of Columbia)

Harris, Julie Straus (District of Columbia)

Haynes, Fred Elmore (District of Columbia)

Hendry, Melanie Dyani (District of Columbia)

Holland, Liam (District of Columbia)

Holloway, Tammy Allison (District of Columbia)

Horn, Daniel Franklin (District of Columbia)

Hudak, Brian P. (District of Columbia)

Humphreys, Bradley P. (District of Columbia)

Hunt, Laura Ann (District of Columbia)

Hurd, Matthew William (District of Columbia)

Interrante, John G. (District of Columbia)

Johnson, Timothy Andrew (District of Columbia)

Johnson, Wyneva (District of Columbia)

Jones, Sian (District of Columbia)

Josephson, Matthew A. (District of Columbia)

JUSTICE, DEPARTMENT OF (District of Columbia)

Kaplan, Jennifer Beth (District of Columbia)

Kelly, Wynne Patrick (District of Columbia)

Kidwell, Judith A. (District of Columbia)

Kirschner, Adam D. (District of Columbia)

Kishore, Deepthy (District of Columbia)

Kneedler, Jennie Leah (District of Columbia)

Kolsky, Joshua M. (District of Columbia)

Konkoly, Antonia Marie (District of Columbia)

LaCour, Alice Shih (District of Columbia)

Layton, Elisabeth (District of Columbia)

Lee, Lynn Yuhee (District of Columbia)

Lee, Jason (District of Columbia)

Leidenheimer, Robert E. (District of Columbia)

Lev, Ori (District of Columbia)

Levin, Scott Douglas (District of Columbia)

Littleton, Judson Owen (District of Columbia)

Lo, Michelle (District of Columbia)

Lopez-Morales, Cesar A. (District of Columbia)

Luh, James C. (District of Columbia)

Lynch, Jason C. (District of Columbia)

Maier, Peter Rolf (District of Columbia)

McBarnette, Andrea (District of Columbia)

McDaniel, Oliver W. (District of Columbia)

Mei, Vesper (District of Columbia)

Meriweather, Robin Michelle (District of Columbia)

Merritt, R. Charlie (District of Columbia)

MERRITT, ROBERT CHARLES (District of Columbia)

Molen, Kathleene A. (District of Columbia)

Momeni, Mercedeh (District of Columbia)

Moore, Tamra Tyree (District of Columbia)

Morgan, Sherri L. (District of Columbia)

Motgi, Anjali (District of Columbia)

Nebeker, William Mark (District of Columbia)

Nestler, Emily B. (District of Columbia)

O'Neill, Sean Ryan (District of Columbia)

Orloff, Serena Maya (District of Columbia)

Parker, Ryan Bradley (District of Columbia)

Patterson, Nicholas J. (District of Columbia)

Patton, Rodney (District of Columbia)

Peterson, Benton Gregory (District of Columbia)

Pezzi, Stephen M. (District of Columbia)

Pfaffenroth, Peter C. (District of Columbia)

Phillips, Heather R. (District of Columbia)

Ponto, Laura R. (District of Columbia)

Posner, Michael Benjamin (District of Columbia)

Powell, Amy E. (District of Columbia)

Powers, James R. (District of Columbia)

Press, Joshua Samuel (District of Columbia)

Quist, Niels Stefan (District of Columbia)

Raines, Joshua Thomas (District of Columbia)

Reuveni, Erez (District of Columbia)

Riess, Daniel (District of Columbia)

RISNER, SCOTT (District of Columbia)

Rogers, Joshua L. (District of Columbia)

Rosenberg, Brad P. (District of Columbia)

Ross, Carl Ezekiel (District of Columbia)

Sandberg, Justin Michael (District of Columbia)

Schwartz, Benjamin Cory (District of Columbia)

Scott, Olivia R. (District of Columbia)

Seabrook, April Denise (District of Columbia)

Seo, Michelle Jean (District of Columbia)

Shapiro, Elizabeth J. (District of Columbia)

Shoaibi, Alexander Daniel (District of Columbia)

Shy, Dionne S. (District of Columbia)

Simon, Jeremy S. (District of Columbia)

Singer, Sam M. (District of Columbia)

Singer, Samuel M (District of Columbia)

Siple, Adam Christopher (District of Columbia)

Skurnik, Matthew Charles (District of Columbia)

Smith, Caroline A. (District of Columbia)

Snead, Jacqueline E. (District of Columbia)

Snell, Kevin Matthew (District of Columbia)

Sokolower, Heather G. (District of Columbia)

Soskin, Eric J. (District of Columbia)

Sowles, Marcia Kay (District of Columbia)

Sroka, Scott Leeson (District of Columbia)

Stratton, Mary Elizabeth (District of Columbia)

Subar, Judry Laeb (District of Columbia)

Sur, Indraneel (District of Columbia)

Sus, Nikhel (District of Columbia)

Swinton, Nathan Michael (District of Columbia)

Taaffe, Damon W. (District of Columbia)

Tepe, Sean Michael (District of Columbia)

Thorp, Galen Nicholas (District of Columbia)

Tilghman, Michael A. (District of Columbia)

Tosini, Stephen C. (District of Columbia)

Truong, John Cuong (District of Columbia)

Tulis, Elizabeth Murray (District of Columbia)

Tyler, John Russell (District of Columbia)

Valdez, Darrell C. (District of Columbia)

Vanek, Sean Joseph (District of Columbia)

Walker, Johnny Hillary (District of Columbia)

WALL, SHEETUL S (District of Columbia)

Whitaker, Claire M. (District of Columbia)

Wolverton, Caroline Lewis (District of Columbia)

Wyer, Kathryn L. (District of Columbia)

Yee, Marsha Wellknown (District of Columbia)

Young, Danielle Wolfson (District of Columbia)

show all people

Documents in the Clearinghouse

Document

1:15-cv-01091

Docket [PACER]

April 11, 2019

April 11, 2019

Docket
1

1:15-cv-01091

Complaint for Injunctive Relief

July 13, 2015

July 13, 2015

Complaint
22

1:15-cv-01091

Order Denying Motions for Summary Judgment Without Prejudice and Requiring Submission of a Vaughn Index

March 31, 2017

March 31, 2017

Order/Opinion

2017 WL 2017

37

1:15-cv-01091

Memorandum Opinion

March 29, 2018

March 29, 2018

Order/Opinion

303 F.Supp.3d 303

52

1:15-cv-01091

Memorandum Opinion

April 11, 2019

April 11, 2019

Order/Opinion

2019 WL 2019

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4213854/poitras-v-department-of-homeland-security/

Last updated Feb. 11, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive Relief against DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE ( Filing fee $ 400 receipt number 0090-4172989) filed by LAURA POITRAS . (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Sobel, David) Modified on 7/13/2015 to correct plaintiff(jf). (Entered: 07/13/2015)

1 Civil Cover Sheet

View on RECAP

2 Summons

View on RECAP

3 Summons

View on RECAP

4 Summons

View on RECAP

5 Summons

View on RECAP

6 Summons

View on RECAP

July 13, 2015

July 13, 2015

RECAP

Case Assigned to Judge Ketanji Brown Jackson. (sth)

July 13, 2015

July 13, 2015

PACER
2

SUMMONS (5) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(sth) (Entered: 07/13/2015)

July 13, 2015

July 13, 2015

PACER
3

GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives; failure to conform to this Order may, when appropriate, result in the imposition of sanctions. Signed by Judge Ketanji Brown Jackson on 07/17/2015. (lckbj1) (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

PACER
4

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 7/20/2015; DEPARTMENT OF JUSTICE served on 7/20/2015; OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE served on 7/20/2015 (Sobel, David) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

RECAP
5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/20/2015. (Sobel, David) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/20/2015. Answer due for ALL FEDERAL DEFENDANTS by 8/19/2015. (Sobel, David) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER
7

ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.(Singer, Sam) (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER

MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, by 10/2/2015. Signed by Judge Ketanji Brown Jackson on 09/18/2015. (lckbj1)

Sept. 18, 2015

Sept. 18, 2015

PACER
8

Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Singer, Sam) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER

MINUTE ORDER. Based on the representations made in the parties' 8 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 11/16/2015, which shall include a proposed schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 10/22/2015. (lckbj1)

Oct. 22, 2015

Oct. 22, 2015

PACER
9

Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Singer, Sam) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER

MINUTE ORDER. Based on the representations made in the parties' 9 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 2/15/2016, which shall include a proposed schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 11/18/2015. (lckbj1)

Nov. 18, 2015

Nov. 18, 2015

PACER
10

Joint STATUS REPORT (third) by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Singer, Sam) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER

MINUTE ORDER. Based on the representations made in the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 3/15/2016, which shall include a proposed schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 2/18/2016. (lckbj1)

Feb. 18, 2016

Feb. 18, 2016

PACER
11

Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Singer, Sam) (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

PACER

MINUTE ORDER. Based on the representations in the parties' 11 Joint Status Report, it is hereby ORDERED that the following briefing schedule for dispositive motions is set in this matter: Defendant's Motion for Summary Judgment is due by 6/6/2016. Plaintiff's Consolidated Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment is due by 7/18/2016. Plaintiff's Consolidated Reply in Support of its Motion for Summary Judgment and Opposition to Defendant's Cross Motion for Summary Judgment is due by 8/8/2016. Plaintiff's Reply in Support of its Cross Motion for Summary Judgment is due by 8/29/2016. Signed by Judge Ketanji Brown Jackson on 03/20/2016. (lckbj1)

March 20, 2016

March 20, 2016

PACER
12

Unopposed MOTION for Extension of Time to submit ex parte, in camera declaration in support of Defendants' motion for summary judgment by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Singer, Sam) (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

PACER
13

ENTERED IN ERROR.....MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Singer, Sam) Modified on 6/7/2016 (jf). (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

PACER
14

MOTION for Summary Judgment (Memorandum in Support) by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Declaration Hardy Declaration (FBI), # 2 Declaration Hudson Declaration (ODNI), # 3 Declaration Burroughs Declaration (CBP), # 4 Declaration McCoy Declaration (TSA), # 5 Declaration Blair Declaration (TSA), # 6 Declaration Eggleston Declaration (USCIS), # 7 Declaration Pineiro Declaration (ICE), # 8 Declaration Tyrrell Declaration (DHS), # 9 Statement of Facts)(Singer, Sam) (Main Document 14 replaced on 6/7/2016) (jf). (Entered: 06/06/2016)

1 Declaration Hardy Declaration (FBI)

View on RECAP

2 Declaration Hudson Declaration (ODNI)

View on RECAP

3 Declaration Burroughs Declaration (CBP)

View on RECAP

4 Declaration McCoy Declaration (TSA)

View on RECAP

5 Declaration Blair Declaration (TSA)

View on PACER

6 Declaration Eggleston Declaration (USCIS)

View on RECAP

7 Declaration Pineiro Declaration (ICE)

View on RECAP

8 Declaration Tyrrell Declaration (DHS)

View on RECAP

9 Statement of Facts

View on PACER

June 6, 2016

June 6, 2016

RECAP

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 13 MOTION for Summary Judgment was entered in error and combined with entry 14 . (jf)

June 7, 2016

June 7, 2016

PACER
15

NOTICE of Lodging of Classified Declaration by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 14 MOTION for Summary Judgment (Memorandum in Support) (Singer, Sam) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER

MINUTE ORDER granting 12 Consent Motion for Extension of Time to File Declaration, nunc pro tunc. Defendants' declaration shall be filed on or before 6/7/2016. Signed by Judge Ketanji Brown Jackson on 06/07/2016. (lckbj1)

June 7, 2016

June 7, 2016

PACER
16

Consent MOTION for Briefing Schedule to be Revised by LAURA POITRAS (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

PACER

MINUTE ORDER granting, for good cause shown, 16 Consent Motion to Revise Briefing Schedule. It is hereby ORDERED that the briefing schedule for dispositive motions in this matter is amended as follows: Plaintiff's Consolidated Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment is due on or before 8/24/2016. Defendants' Consolidated Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment is due on or before 9/26/2016. Plaintiff's Reply in Support of its Cross-Motion for Summary Judgment is due on or before 10/17/2016. Absent extraordinary and unexpected circumstances, no further extensions with respect to Plaintiff's Consolidated Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment will be granted. Signed by Judge Ketanji Brown Jackson on 7/1/2016. (lckbj1)

July 1, 2016

July 1, 2016

PACER
17

Memorandum in opposition to re 14 MOTION for Summary Judgment (Memorandum in Support) filed by LAURA POITRAS. (Attachments: # 1 Exhibit A, # 2 Declaration of Laura Poitras, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sobel, David) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

PACER
18

Cross MOTION for Summary Judgment by LAURA POITRAS (Attachments: # 1 Exhibit A, # 2 Declaration of Laura Poitras, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sobel, David) (Entered: 08/24/2016)

1 Exhibit A

View on PACER

2 Declaration of Laura Poitras

View on RECAP

3 Statement of Facts

View on PACER

4 Text of Proposed Order

View on PACER

Aug. 24, 2016

Aug. 24, 2016

RECAP
19

Memorandum in opposition to re 18 Cross MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Declaration Second Declaration of David M. Hardy, # 2 Statement of Facts Response to Plaintiff's Statement of Material Facts)(Singer, Sam) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
20

REPLY to opposition to motion re 14 MOTION for Summary Judgment (Memorandum in Support) filed by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Declaration Second Declaration of David M. Hardy, # 2 Statement of Facts Response to Plaintiff's Statement of Facts)(Singer, Sam) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
21

REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment filed by LAURA POITRAS. (Attachments: # 1 Exhibit A)(Sobel, David) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
22

ORDER GRANTING in part and DENYING in part without prejudice Defendants' 14 Motion for Summary Judgment; DENYING without prejudice Plaintiff's 18 Motion for Summary Judgment; and requiring the parties to submit, on or before 4/25/2017, a proposed schedule for submission of a revised Vaughn Index or supplemental declaration and renewed cross-motions for summary judgment. See attached Order for details. Signed by Judge Ketanji Brown Jackson on 03/31/2017. (lckbj1) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

RECAP
23

PROPOSED BRIEFING SCHEDULE by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Singer, Sam) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER

MINUTE ORDER. It is hereby ORDERED that the following schedule for briefing summary judgment shall govern in this matter: Defendants' Motion for Summary Judgment and accompanying Vaughn Index and/or supplemental FBI declaration is due on or before 7/24/2017; Plaintiff's consolidated Opposition to Defendants' Motion and Cross-Motion for Summary Judgment is due on or before 8/25/2017; Defendants' consolidated Reply in Support of Their Motion and Opposition to Plaintiff's Cross-Motion is due on or before 9/15/2017; Plaintiff's Reply in Support of its Cross-Motion is due on or before 10/3/2017. Signed by Judge Ketanji Brown Jackson on 05/10/2017. (lckbj1) (lckbj1)

May 10, 2017

May 10, 2017

PACER
24

Second MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Exhibit FBI's Vaughn Index, # 3 Exhibit Third Hardy Declaration, # 4 Statement of Facts)(Singer, Sam) (Entered: 07/24/2017)

1 Memorandum in Support

View on RECAP

2 Exhibit FBI's Vaughn Index

View on PACER

3 Exhibit Third Hardy Declaration

View on PACER

4 Statement of Facts

View on PACER

July 24, 2017

July 24, 2017

PACER
25

Memorandum in opposition to re 24 Second MOTION for Summary Judgment filed by LAURA POITRAS. (Attachments: # 1 Exhibit A, # 2 Declaration of Laura Poitras, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sobel, David) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
26

Cross MOTION for Summary Judgment by LAURA POITRAS (Attachments: # 1 Exhibit A, # 2 Declaration of Laura Poitras, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sobel, David) (Entered: 08/21/2017)

1 Exhibit A

View on PACER

2 Declaration of Laura Poitras

View on PACER

3 Statement of Facts

View on PACER

4 Text of Proposed Order

View on PACER

Aug. 21, 2017

Aug. 21, 2017

RECAP
27

Joint MOTION for Briefing Schedule Temporary Suspension by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE (Singer, Sam) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER

MINUTE ORDER granting 27 Joint Motion for Temporary Suspension of Briefing Schedule. It is hereby ORDERED that the remaining deadlines for briefing renewed motions for summary judgment in this matter are VACATED, and that the parties shall file a joint status report on or before 10/2/2017, which shall contain a proposed schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 09/18/2017. (lckbj1, )

Sept. 18, 2017

Sept. 18, 2017

PACER
28

Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE. (Singer, Sam) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER

MINUTE ORDER adopting parties' proposed briefing schedule. It is hereby ORDERED that Defendants' consolidated reply and cross-motion opposition is due on or before 10/13/2017, and that Plaintiff's cross-motion reply is due on or before by 11/6/2017. Signed by Judge Ketanji Brown Jackson on 10/5/2017. (lckbj1)

Oct. 5, 2017

Oct. 5, 2017

PACER

Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 10/13/2017. (gdf)

Oct. 10, 2017

Oct. 10, 2017

PACER
29

Memorandum in opposition to re 26 Cross MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration, # 2 Statement of Facts)(Singer, Sam) (Entered: 10/13/2017)

1 Declaration

View on PACER

2 Statement of Facts

View on PACER

Oct. 13, 2017

Oct. 13, 2017

RECAP
30

REPLY to opposition to motion re 24 Second MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration, # 2 Statement of Facts)(Singer, Sam) (Entered: 10/13/2017)

1 Declaration

View on PACER

2 Statement of Facts

View on PACER

Oct. 13, 2017

Oct. 13, 2017

RECAP
31

Case directly reassigned to Chief Judge Beryl A. Howell by consent. Judge Ketanji Brown Jackson is no longer assigned to the case. (ztnr) (Entered: 10/25/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
32

Consent MOTION to Stay Further Briefing by LAURA POITRAS (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER

MINUTE ORDER (paperless) GRANTING the parties' 32 Consent Motion to Stay Further Briefing. Accordingly, further briefing on the parties' pending motions for summary judgment is STAYED. The parties are DIRECTED to file, by December 6, 2017, a Joint Status Report proposing a schedule to govern future proceedings in this case. Signed by Chief Judge Beryl A. Howell on November 6, 2017. (lcbah1)

Nov. 6, 2017

Nov. 6, 2017

PACER

Set/Reset Deadlines: Joint Status Report due by 12/6/2017. (tg)

Nov. 6, 2017

Nov. 6, 2017

PACER
33

Joint STATUS REPORT by LAURA POITRAS. (Sobel, David) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER

MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 33 Joint Status Report, the plaintiff to file, by January 19, 2018, a reply brief in support of the plaintiff's cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on December 6, 2017. (lcbah4)

Dec. 6, 2017

Dec. 6, 2017

PACER

Set/Reset Deadlines: Plaintiff's reply in support of plaintiff's cross-motion for summary judgment due by 1/19/2018. (tg)

Dec. 6, 2017

Dec. 6, 2017

PACER
34

Consent MOTION for Extension of Time to File Response/Reply as to 26 Cross MOTION for Summary Judgment by LAURA POITRAS (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

PACER

MINUTE ORDER (paperless) GRANTING the plaintiff's 34 Consent Motion for Extension of Time. Accordingly, the plaintiff shall, by February 15, 2018, file a reply in support of her cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on January 17, 2018. (lcbah4)

Jan. 17, 2018

Jan. 17, 2018

PACER

Set/Reset Deadlines: Plaintiff's reply in support of her cross-motion for summary judgment due by 2/15/2018. (tg)

Jan. 17, 2018

Jan. 17, 2018

PACER
35

REPLY to opposition to motion re 26 Cross MOTION for Summary Judgment filed by LAURA POITRAS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Sobel, David) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

PACER
36

ORDER GRANTING the defendants' 24 Second Motion for Summary Judgment and DENYING the plaintiff's 26 Second Cross-Motion for Summary Judgment. See Order for further details. The Clerk of the Court is directed to close this case. Signed by Chief Judge Beryl A. Howell on March 29, 2018. (lcbah4) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
37

MEMORANDUM OPINION regarding the defendants' 24 Second Motion for Summary Judgment and the plaintiff's 26 Second Cross-Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on March 29, 2018. (lcbah4) Document type modified on 4/3/2018 (lcbah4). (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

RECAP
38

Consent MOTION for Extension of Time to Move for an Award of Attorney's Fees and Costs by LAURA POITRAS (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

PACER

MINUTE ORDER (paperless) GRANTING the plaintiff's 38 Consent Motion for an Extension of Time in Which to Move for an Award of Attorney's Fees and Costs. The plaintiff shall, by May 31, 2018, file any motion for an award of attorney's fees and costs. The defendants shall, by June 14, 2018, file any response to the plaintiff's motion. The plaintiff shall, by June 21, 2018, file any reply. Signed by Chief Judge Beryl A. Howell on April 10, 2018. (lcbah4)

April 10, 2018

April 10, 2018

PACER

Set/Reset Deadlines: Motion for Attorney's Fees due by 5/31/2018; Response due by 6/14/2018; Reply due by 6/21/2018. (tg)

April 10, 2018

April 10, 2018

PACER
39

Joint MOTION to Stay deadline for seeking attorney's fees pending resolution of negotiations over a potential fee settlement by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Singer, Sam) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER

MINUTE ORDER (paperless) GRANTING the parties' 39 Joint Motion to Stay Deadline for Motion for Attorney's Fees. The parties shall, by July 9, 2018, file a joint status report proposing a schedule to govern future proceedings in this case. The current briefing schedule for any motion for attorney's fees and costs is VACATED. Signed by Chief Judge Beryl A. Howell on May 24, 2018. (lcbah4)

May 24, 2018

May 24, 2018

PACER

Set/Reset Deadlines: Joint Status Report due by 7/9/2018. (hmc)

May 24, 2018

May 24, 2018

PACER
40

Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE. (Singer, Sam) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER

MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 40 Joint Status Report, the parties to file, by August 17, 2018, a joint status report proposing a schedule to govern future proceedings in this case. Signed by Chief Judge Beryl A. Howell on July 9, 2018. (lcbah4)

July 9, 2018

July 9, 2018

PACER

Set/Reset Deadlines: Joint Status Report due by 8/17/2018. (tg)

July 10, 2018

July 10, 2018

PACER
41

Status Report

Aug. 16, 2018

Aug. 16, 2018

PACER
42

Notice of Substitution of Counsel

Aug. 24, 2018

Aug. 24, 2018

PACER
43

Notice of Substitution of Counsel

Aug. 27, 2018

Aug. 27, 2018

PACER
44

NOTICE of Change of Address by Marsha Stelson Edney (Edney, Marsha) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

45

MOTION for Attorney Fees and Costs by LAURA POITRAS (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Declaration of David L. Sobel, # 10 Declaration of Jamie Lee Williams, # 11 Declaration of Nathan Cardozo, # 12 Text of Proposed Order)(Sobel, David) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

46

Joint MOTION for Extension of Time to File Response/Reply as to 45 MOTION for Attorney Fees and Costs by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Edney, Marsha) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

MINUTE ORDER (paperless) GRANTING the 46 Joint Motion for Extension of Time and ISSUING the following scheduling order: (1) by October 29, 2018, the defendant shall file any opposition to the 45 Plaintiff's Motion for an Award of Attorneys' Fees and Costs; (2) by November 9, 2018, the plaintiff shall file any reply. Signed by Chief Judge Beryl A. Howell on October 9, 2018. (lcbah1) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

Set/Reset Deadlines: Defendant's opposition to plaintiff's 45 Motion for an Award of Attorneys' Fees and Costs due by 10/29/2018; plaintiff's Reply by 11/9/2018. (tg) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

47

Consent MOTION for Extension of Time to File Response/Reply as to 45 MOTION for Attorney Fees and Costs by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Edney, Marsha) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 47 Consent Motion for Extension of Time, that: (1) by November 19, 2018, the defendants shall file any opposition to the 45 Plaintiff's Motion for an Award of Attorneys' Fees and Costs; and (2) by December 3, 2018, the plaintiff shall file any reply in support of the 45 Plaintiff's Motion for an Award of Attorneys' Fees and Costs. Signed by Chief Judge Beryl A. Howell on October 25, 2018. (lcbah1) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

Set/Reset Deadlines: Defendants' response to 45 Plaintiff's Motion for an Award of Attorneys' Fees and Costs due by 11/19/2018; Plaintiff's reply due by 12/3/2018. (tg) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

48

Memorandum in opposition to re 45 MOTION for Attorney Fees and Costs filed by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Edney, Marsha) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

MINUTE ORDER (paperless) GRANTING the 49 Plaintiff's Consent Motion for Extension of Time and DIRECTING the plaintiff to file any reply memorandum by December 17, 2018. Signed by Chief Judge Beryl A. Howell on November 29, 2018. (lcbah1) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

Set/Reset Deadlines: Plaintiff's reply memorandu due by 12/17/2018. (tg) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

50

REPLY to opposition to motion re 45 MOTION for Attorney Fees and Costs filed by LAURA POITRAS. (Sobel, David) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

51

Order on Motion for Attorney Fees

April 11, 2019

April 11, 2019

PACER
52

MEMORANDUM OPINION regarding the plaintiff's 45 Motion for an Award of Attorneys' Fees and Costs. Signed by Chief Judge Beryl A. Howell on April 11, 2019. (lcbah1)

April 11, 2019

April 11, 2019

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 13, 2015

Closing Date: April 11, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

American documentary film-maker and journalist.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security (Washington D.C., District of Columbia), Federal

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

None yet

Amount Defendant Pays: 0

Issues

General:

Records Disclosure

Search policies

Watchlist