Case: Brennan Center for Justice v. U.S. Department of State

1:17-cv-07520 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 2, 2017

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Case Summary

On October 2, 2017, the Brennan Center for Justice at New York University School of Law brought this suit in the U.S. District Court for the Southern District of New York. Represented by Muslim Advocates and private counsel, the Brennan Center sued the Department of State (DOS) under the Freedom of Information Act (FOIA). The Brennan Center is an organization with a mission "to advance effective national security policies that respect the rule of law and constitutional values." They sought info…

The Brennan Center is an organization with a mission "to advance effective national security policies that respect the rule of law and constitutional values." They sought information about President Trump's September 24, 2017 Proclamation restricting entry of persons into the United States from six Muslim-majority countries (and two non-Muslim majority countries), including those with bona-fide relationships with U.S. citizens and lawful permanent residents. (More detail is in the Hawaii litigation.)

The Proclamation stated that it had emerged from a provision of Executive Order 13780 of March 6, 2017, which directed the Secretary of the Department of Homeland Security (DHS), in consultation with the Secretary of State and the Director of National Intelligence, to "identify whether, and if so what, additional information will be needed from each foreign country to adjudicate an application by a national of that country for a visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual is not a security or public-safety threat." The Proclamation specified that the DHS Secretary had submitted this information to President Trump on July 9 and September 15, 2017.

The complaint arose from the Brennan Center's July 20, 2017 FOIA request to the State Department seeking copies of certain records relating to the worldwide review process mandated by Executive Order 13780 and the Trump Administration's "extreme vetting practices." In the complaint, the Brennan Center claimed that, to date, they had not received a substantive response from DOS.

In the complaint, the Brennan Center sought:

1. The report that the DHS Secretary submitted to President Trump on July 9, 2017, referred to in Section 1(c) of the Proclamation;

2. The report that the DHS Secretary submitted to President Trump on Sept. 15, 2017, referred to in Section 1(h) of the Proclamation;

3. If not included in the above items (1) and (2), the final reports that the DHS Secretary submitted to President Trump on each of the eight countries identified in Section 2 of the Proclamation, i.e., Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia; and

4. If not included in the above items (1) and (2), the final reports that the DHS Secretary submitted to President Trump on the 16 countries that the Secretary identified as "inadequate," referred to in Section 1(e) of the Proclamation, to the extent that they were not included in the list of seven countries in Section 1(h)(ii) of the Proclamation.

They sought a disclosure order under FOIA, legal fees, and expedited action, because the Proclamation contained portions that had already gone into effect immediately and others that would go into effect on October 18, 2017. They also wanted to secure the requested documents so that it and the public could become more informed about and evaluate the Proclamation for unconstitutionality.

On October 3, 2017, the case was assigned to Judge John G. Koeltl and designated to Magistrate Judge Kevin Nathaniel Fox. The case was then reassigned to Judge Paul G. Gardephe on October 17, 2017.

On December 21, 2017, both parties filed a series of motions. The Brennan Center moved to expedite the case and claimed that DOS had not properly informed them whether it would grant or deny the FOIA request. They argued that expedition was proper because of the public interest in the topic. DOS opposed the motion to expedite, arguing that it had already produced six responsive records and referred the request to DHS, which needed time to process records containing classified information. The Brennan Center replied, asking for production of the six responsive records within 21 days.

The Court held a pretrial conference on January 4, 2018 and followed with a January 10 order, compelling DOS to produce all non-exempt materials and an explanation of exemptions by February 9, 2018. 300 F. Supp. 3d 540. Judge Gardephe wrote that the Brennan Center had shown that its FOIA request merited expedited treatment, given the strong public interest in the subject and the time that had already passed since the initial FOIA request.

On March 15, 2018 the Brennan Center moved to compel DOS's compliance with the Jan. 10 order, but the government moved to oppose. On April 16, 2018, Judge Gardephe denied the motion, finding it premature to assess DOS's index, and instead set a briefing schedule for summary judgment, to be completed by July 22, 2018.

On June 29, 2018, Judge Gardephe granted the parties' joint motion for a time extension on their cross-briefing for summary judgment. On August 2, 2018, DOS filed their summary judgment motion, arguing that the government had adequately searched responsive records and properly withheld certain records exempt from FOIA. On the same date, the Brennan Center filed their summary judgment motion and reply in opposition to the government's summary judgment motion. They argued that the government overstated the breadth of the Presidential-Communication Privilege and failed to show that its records search was adequate. In support of these requests, they submitted a memorandum of undisputed facts regarding President Trump's history of statements against Muslims, the histories of the three travel bans, and an unclassified cable that was sent to consular posts in 191 countries detailing the implementation of the second travel ban.

Judge Gardephe granted the plaintiffs' motion for partial summary judgment to the extent it requested that the court order in camera review of the requested records to determine the applicability of the presidential communication privilege. The remainder of the plaintiffs' motion was denied without prejudice, pending the court's in camera review. 2019 WL 10984173. Defendant's motion for summary judgment was denied without prejudice to renewal of the motion following the court's in camera review. The order also required the defendants to provide the court with copies of the five documents in question by April 8, 2019. They were later granted an extension of time to file and filed the documents on April 15, 2019.

The Court continued to review the documents in camera to determine if and to what documents the presidential communications privilege applied. On July 30, 2020, the plaintiffs requested that the Court act expeditiously and proceed with the case as soon as possible. The plaintiffs reiterated that FOIA cases were entitled to expedition by statute and that the subject matter of this FOIA request was of great public interest. As of February 24, 2021, there was no response to plaintiffs’ request. This case is ongoing.

	Document
1:17-cv-07520	Docket [PACER] Brennan Center For Justice At New York University School Of Law v. United States Department of State	March 2, 2020	March 2, 2020 Docket
1 1:17-cv-06335	Complaint Brennan Center for Justice v. U.S. Department of Justice	Aug. 21, 2017	Aug. 21, 2017 Complaint
23 1:17-cv-07520	Memorandum of Law in Support of Plaintiff's Motion to Expedite Freedom of Information Act ("FOIA") Action Brennan Center for Justice v. DOS	Dec. 21, 2017	Dec. 21, 2017 Pleading / Motion / Brief
27 1:17-cv-07520	Plaintiff's Reply Memorandum of Law in Further Support of Plaintiff's Motion to Expedite Freedom of Information Act ("FOIA") Action Brennan Center for Justice v. DOS	Dec. 21, 2017	Dec. 21, 2017 Pleading / Motion / Brief
25 1:17-cv-07520	Memorandum of Law in Opposition to Plaintiff's Motion to Expedite Brennan Center for Justice v. DOS	Dec. 21, 2017	Dec. 21, 2017 Pleading / Motion / Brief
30 1:17-cv-07520	Memorandum Opinion & Order	Jan. 10, 2018	Jan. 10, 2018 Order/Opinion 300 F.Supp.3d 540
37 1:17-cv-07520	Order Brennan Center For Justice v. United States Department of State	April 16, 2018	April 16, 2018 Order/Opinion
71 1:17-cv-07520	Order Brennan Center for Justice v. United States' Department of State	March 29, 2019	March 29, 2019 Order/Opinion 2019 WL 10984173
79 1:17-cv-07520	Letter Brennan Center for Justice at New York University School of Law v. United States Department of State,	July 30, 2020	July 30, 2020 Discovery Material/FOIA Release

Title	Description		External URL Date / External URL
Muslim Ban Litigation Brennan Center for Justice	Less than a week after taking office, President Trump began the process of following through on his campaign promise of instituting a Muslim ban, triggering large-scale protests and chaos at airports…	Feb. 3, 2020	Feb. 3, 2020 https://www.brennancenter.org/...
Court Orders Government Response for Information Used to Justify Muslim Ban 3.0 by February 9 Brennan Center for Justice	New York, NY – Today, Judge Paul Gardephe of the U.S. District Court for the Southern District of New York ordered the State Department to respond by February 9 to a Freedom of Information Act (FOIA)…	Jan. 10, 2018	Jan. 10, 2018 https://www.brennancenter.org/...
Brennan Center v. Department of State Brennan Center for Justice	The Brennan Center filed a lawsuit under the Freedom of Information Act against the Department of State for records pertaining to the president's travel bans, related visa applicant procedures and po…	Oct. 3, 2017	Oct. 3, 2017 https://www.brennancenter.org/...

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against United States Department of Justice. (Filing Fee $ 400.00, Receipt Number 0208-14196219)Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Exhibit A, September 24, 2017 Proclamation by President Trump, # 2 Exhibit B, FOIA Request, # 3 Exhibit C, Interim Response by Department of State, # 4 Exhibit D, August 24, 2017 Email from L. Qadir to Department of State, # 5 Exhibit E, August 28, 2017 Email from Department of State to L. Qadir)(Roman, Neil) (Entered: 10/02/2017) 1 Exhibit A, September 24, 2017 Proclamation by President Trump View on PACER 2 Exhibit B, FOIA Request View on PACER 3 Exhibit C, Interim Response by Department of State View on PACER 4 Exhibit D, August 24, 2017 Email from L. Qadir to Department of State View on PACER 5 Exhibit E, August 28, 2017 Email from Department of State to L. Qadir View on PACER	Oct. 2, 2017	Oct. 2, 2017 RECAP
2	CIVIL COVER SHEET filed. (Roman, Neil) (Entered: 10/02/2017)	Oct. 2, 2017	Oct. 2, 2017 PACER
3	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brennan Center For Justice At New York University School Of Law.(Roman, Neil) (Entered: 10/02/2017)	Oct. 2, 2017	Oct. 2, 2017 PACER
4	REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of State, re: 1 Complaint,,. Document filed by Brennan Center For Justice At New York University School Of Law. (Roman, Neil) (Entered: 10/02/2017)	Oct. 2, 2017	Oct. 2, 2017 PACER
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (kl)	Oct. 3, 2017	Oct. 3, 2017 PACER
	Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (kl)	Oct. 3, 2017	Oct. 3, 2017 PACER
	Case Designated ECF. (kl)	Oct. 3, 2017	Oct. 3, 2017 PACER
5	ELECTRONIC SUMMONS ISSUED as to United States Department of State. (kl) (Entered: 10/03/2017)	Oct. 3, 2017	Oct. 3, 2017 PACER
6	MOTION for Mark H. Lynch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14231385. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Exhibit A, Certificate of Good Standing, # 2 Exhibit B, Proposed Order, # 3 Exhibit C, Declaration of Mark H. Lynch)(Lynch, Mark) (Entered: 10/11/2017) 1 Exhibit A, Certificate of Good Standing View on PACER 2 Exhibit B, Proposed Order View on PACER 3 Exhibit C, Declaration of Mark H. Lynch View on PACER	Oct. 11, 2017	Oct. 11, 2017 PACER
7	NOTICE OF APPEARANCE by Johnathan James Smith on behalf of Brennan Center For Justice At New York University School Of Law. (Smith, Johnathan) (Entered: 10/11/2017)	Oct. 11, 2017	Oct. 11, 2017 PACER
	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 6 MOTION for Mark H. Lynch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14231385. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)	Oct. 12, 2017	Oct. 12, 2017 PACER
8	MOTION for Jaclyn E. Martinez Resly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14236576. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Exhibit A, District of Columbia Certificate of Good Standing, # 2 Exhibit B, Texas Certificate of Good Standing, # 3 Exhibit C, Proposed Order, # 4 Exhibit D, Declaration of Jaclyn E. Martinez Resly)(Martinez Resly, Jaclyn) (Entered: 10/12/2017) 1 Exhibit A, District of Columbia Certificate of Good Standing View on PACER 2 Exhibit B, Texas Certificate of Good Standing View on PACER 3 Exhibit C, Proposed Order View on PACER 4 Exhibit D, Declaration of Jaclyn E. Martinez Resly View on PACER	Oct. 12, 2017	Oct. 12, 2017 PACER
	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Jaclyn E. Martinez Resly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14236576. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)	Oct. 12, 2017	Oct. 12, 2017 PACER
	NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge John G. Koeltl is no longer assigned to the case. (bcu)	Oct. 17, 2017	Oct. 17, 2017 PACER
9	ORDER FOR ADMISSION PRO HAC VICE granting 8 Motion for Jaclyn E. Martinez Resly to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 10/19/2017) (cf) (Entered: 10/19/2017)	Oct. 19, 2017	Oct. 19, 2017 PACER
10	ORDER FOR ADMISSION PRO HAC VICE granting 6 Motion for Mark H. Lynch to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 10/19/2017) (cf) (Entered: 10/19/2017)	Oct. 19, 2017	Oct. 19, 2017 PACER
11	FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 12 Affidavit) - AFFIDAVIT OF SERVICE of Summons and Complaint served. United States Department of State served on 10/3/2017, answer due 12/4/2017. Service was made by Certified Mail. Document filed by Brennan Center For Justice At New York University School Of Law. (Martinez Resly, Jaclyn) Modified on 10/20/2017 (db). As per ecf_error email correspondence received on 1/20/17 @ 11:39am. (Entered: 10/19/2017)	Oct. 19, 2017	Oct. 19, 2017 PACER
12	AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint,, served. United States Department of State served on 10/3/2017, answer due 11/2/2017. Service was made by Certified Mail. Document filed by Brennan Center For Justice At New York University School Of Law. (Martinez Resly, Jaclyn) (Entered: 10/20/2017)	Oct. 20, 2017	Oct. 20, 2017 PACER
13	NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 1/4/2018 at 10:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe, as further set forth in this order. (Signed by Judge Paul G. Gardephe on 10/25/2017) (jwh) (Entered: 10/25/2017)	Oct. 25, 2017	Oct. 25, 2017 PACER
14	MOTION for Richard Brian Katskee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14298668. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 certificates of good standing, # 2 Text of Proposed Order proposed order, # 3 Affidavit declaration in support)(Katskee, Richard) (Entered: 10/27/2017) 1 certificates of good standing View on PACER 2 Text of Proposed Order proposed order View on PACER 3 Affidavit declaration in support View on PACER	Oct. 27, 2017	Oct. 27, 2017 PACER
	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Richard Brian Katskee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14298668. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)	Oct. 30, 2017	Oct. 30, 2017 PACER
15	NOTICE OF APPEARANCE by Christopher Kendrick Connolly on behalf of United States Department of State. (Connolly, Christopher) (Entered: 11/06/2017)	Nov. 6, 2017	Nov. 6, 2017 PACER
16	ANSWER to 1 Complaint,,. Document filed by United States Department of State.(Connolly, Christopher) (Entered: 11/06/2017)	Nov. 6, 2017	Nov. 6, 2017 PACER
17	ORDER FOR ADMISSION PRO HAC VICE granting 14 Motion for Richard B. Katskee to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Paul G. Gardephe on 11/6/17) (yv) (Entered: 11/07/2017)	Nov. 6, 2017	Nov. 6, 2017 PACER
18	MOTION for Andrew Lieb Nellis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14346783. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Certificate of good standing, # 2 Text of Proposed Order granting admission, # 3 Affidavit in support)(Nellis, Andrew) (Entered: 11/09/2017) 1 Certificate of good standing View on PACER 2 Text of Proposed Order granting admission View on PACER 3 Affidavit in support View on PACER	Nov. 9, 2017	Nov. 9, 2017 PACER
19	MOTION for Eric Jonathan Rothschild to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14348344. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Certificates of good standing, # 2 Text of Proposed Order granting admission, # 3 Affidavit in support)(Rothschild, Eric) (Entered: 11/09/2017) 1 Certificates of good standing View on PACER 2 Text of Proposed Order granting admission View on PACER 3 Affidavit in support View on PACER	Nov. 9, 2017	Nov. 9, 2017 PACER
	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 19 MOTION for Eric Jonathan Rothschild to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14348344. Motion and supporting papers to be reviewed by Clerk's Office staff., 18 MOTION for Andrew Lieb Nellis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14346783. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)	Nov. 13, 2017	Nov. 13, 2017 PACER
20	ORDER FOR ADMISSION PRO HAC VICE: granting 19 Motion for Eric Jonathan Rothschild to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 11/15/2017) (ama) (Entered: 11/16/2017)	Nov. 16, 2017	Nov. 16, 2017 PACER
21	ORDER FOR ADMISSION PRO HAC VICE: granting 18 Motion for Andrew Lieb Nellis to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 11/15/2017) (ama) (Entered: 11/16/2017)	Nov. 16, 2017	Nov. 16, 2017 PACER
22	MOTION to Expedite Freedom of Information Act Action. Document filed by Brennan Center For Justice At New York University School Of Law.(Roman, Neil) (Entered: 12/21/2017)	Dec. 21, 2017	Dec. 21, 2017 PACER
23	MEMORANDUM OF LAW in Support re: 22 MOTION to Expedite Freedom of Information Act Action. . Document filed by Brennan Center For Justice At New York University School Of Law. (Roman, Neil) (Entered: 12/21/2017)	Dec. 21, 2017	Dec. 21, 2017 PACER
24	DECLARATION of Jaclyn E. Martinez Resly in Support re: 22 MOTION to Expedite Freedom of Information Act Action.. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Exhibit A - October 26, 2017 E-mail, # 2 Exhibit B - November 1, 2017 E-mail, # 3 Exhibit C - November 7, 2017 E-mail, # 4 Exhibit D - November 7, 2017 E-mail Reply, # 5 Exhibit E - November 10, 2017 E-mail, # 6 Exhibit F- November 15, 2017 E-mail, # 7 Exhibit G - November 17, 2017 E-mail, # 8 Exhibit H - November 21, 2017 E-mail, # 9 Exhibit I - November 22, 2017 E-mail, # 10 Exhibit J - November 29, 2017 E-mail, # 11 Exhibit K - Proposed Order)(Martinez Resly, Jaclyn) (Entered: 12/21/2017) 1 Exhibit A - October 26, 2017 E-mail View on PACER 2 Exhibit B - November 1, 2017 E-mail View on PACER 3 Exhibit C - November 7, 2017 E-mail View on PACER 4 Exhibit D - November 7, 2017 E-mail Reply View on PACER 5 Exhibit E - November 10, 2017 E-mail View on PACER 6 Exhibit F- November 15, 2017 E-mail View on PACER 7 Exhibit G - November 17, 2017 E-mail View on PACER 8 Exhibit H - November 21, 2017 E-mail View on PACER 9 Exhibit I - November 22, 2017 E-mail View on PACER 10 Exhibit J - November 29, 2017 E-mail View on PACER 11 Exhibit K - Proposed Order View on PACER	Dec. 21, 2017	Dec. 21, 2017 PACER
25	MEMORANDUM OF LAW in Opposition re: 22 MOTION to Expedite Freedom of Information Act Action. . Document filed by United States Department of State. (Connolly, Christopher) (Entered: 12/21/2017)	Dec. 21, 2017	Dec. 21, 2017 RECAP
26	DECLARATION of Eric F. Stein in Opposition re: 22 MOTION to Expedite Freedom of Information Act Action.. Document filed by United States Department of State. (Attachments: # 1 Exhibit 1)(Connolly, Christopher) (Entered: 12/21/2017) 1 Exhibit 1 View on PACER	Dec. 21, 2017	Dec. 21, 2017 PACER
27	REPLY MEMORANDUM OF LAW in Support re: 22 MOTION to Expedite Freedom of Information Act Action. . Document filed by Brennan Center For Justice At New York University School Of Law. (Martinez Resly, Jaclyn) (Entered: 12/21/2017)	Dec. 21, 2017	Dec. 21, 2017 PACER
28	JOINT LETTER addressed to Judge Paul G. Gardephe from Neil K. Roman dated December 27, 2017 Document filed by Brennan Center For Justice At New York University School Of Law.(Roman, Neil) (Entered: 12/27/2017)	Dec. 27, 2017	Dec. 27, 2017 RECAP
29	NOTICE OF APPEARANCE by Sirine Shebaya on behalf of Brennan Center For Justice At New York University School Of Law. (Shebaya, Sirine) (Entered: 12/29/2017)	Dec. 29, 2017	Dec. 29, 2017 PACER
	Minute Entry for proceedings held before Judge Paul G. Gardephe: Telephone Conference held on 1/4/2018. (mr)	Jan. 4, 2018	Jan. 4, 2018 PACER
30	MEMORANDUM OPINION & ORDER re: 22 MOTION to Expedite Freedom of Information Act Action filed by Brennan Center For Justice At New York University School Of Law. For the reasons stated above, Plaintiff's motion to expedite is granted. Defendant will produce all non-exempt materials and a declaration-consistent with Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973)-explaining what exemptions apply to any materials withheld. Both the production of non-exempt materials and the Vaughn index will be produced by February 9, 2018. The Clerk of the Court is directed to terminate the motion (Dkt. No. 22). (Signed by Judge Paul G. Gardephe on 1/10/2018) (mro) (Entered: 01/10/2018)	Jan. 10, 2018	Jan. 10, 2018 RECAP
31	LETTER addressed to Judge Paul G. Gardephe from AUSA Christopher Connolly dated February 23, 2018 re: government's request for leave to file motion for summary judgment. Document filed by United States Department of State. (Attachments: # 1 Exhibit)(Connolly, Christopher) (Entered: 02/23/2018) 1 Exhibit View on RECAP	Feb. 23, 2018	Feb. 23, 2018 PACER

Case: Brennan Center for Justice v. U.S. Department of State

1:17-cv-07520 | U.S. District Court for the Southern District of New York

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