Case: American Civil Liberties Union v. National Security Agency

1:23-cv-00907 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 3, 2023

Closed Date: April 15, 2024

Clearinghouse coding complete

Case Summary

On February 3, 2023, the American Civil Liberties Union (ACLU), representing itself, filed this lawsuit against the Central Intelligence Agency (CIA), the Department of Justice (DOJ), the National Security Agency (NSA), and the Office of the Director of National Intelligence in the United States District Court for the Southern District of New York. In this lawsuit, the American Civil Liberties Union sought public release of opinions from the Foreign Intelligence Surveillance Court (FISC) regard…

On February 3, 2023, the American Civil Liberties Union (ACLU), representing itself, filed this lawsuit against the Central Intelligence Agency (CIA), the Department of Justice (DOJ), the National Security Agency (NSA), and the Office of the Director of National Intelligence in the United States District Court for the Southern District of New York. In this lawsuit, the American Civil Liberties Union sought public release of opinions from the Foreign Intelligence Surveillance Court (FISC) regarding Section 702 surveillance under the Foreign Intelligence Surveillance Act (FISA). 

Section 702 of the FISA Amendments Act of 2008, 50 U.S.C. § 1881a, permits the AG and the Director of National Intelligence (DNI) to conduct foreign intelligence surveillance targeting the communications of non-U.S. persons located abroad. Section 702 requires that the AG, through the DOJ, and DNI, through the Office of the Director of National Intelligence (ODNI), submit annual “certifications” that define the categories of foreign actors that may be appropriately targeted. These certifications must be approved by the Foreign Intelligence Surveillance Court (FISC).

The ACLU alleged that on December 22, 2022, pursuant to the Freedom of Information Act (FOIA), it requested all FISC opinions since 2021 about “novel or significant legal issues” and asked to expedite the process. When it did not receive the opinions, it filed this lawsuit, alleging a FOIA violation. The ACLU also noted that Section 702 of FISA was set to expire in December 2023 unless Congress reauthorized it. As a result, the ACLU believed timely disclosure of these opinions was “vitally necessary to an informed debate about whether these surveillance powers should be reauthorized or reformed.” The ACLU sought an injunction requiring Defendants to process the requests immediately and preventing Defendants from assessing fees for the processing of the requests, as well as attorneys’ fees.

The case was assigned to Judge Lewis J. Liman and designated to Magistrate Judge Valerie Figueredo. The case was then reassigned to Judge Arun Subramanian on August 10, 2023.

After discussions between the parties and additional searches by the defendants, the parties agreed to a settlement to dispose the matter. Defendants agreed to pay Plaintiffs $9,500 for attorneys’ fees and litigation costs. On April 15th, 2024, the Court dismissed the case, and it is now closed.

Summary Authors

Venesa Haska (11/24/2023)

Ted Molina (10/6/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66784521/parties/american-civil-liberties-union-v-national-security-agency/


Judge(s)

Liman, Lewis Jeffrey (New York)

Attorney for Plaintiff

Grossman, Perry (New York)

Larios, Gabriella (New York)

Taitz, Sarah (New York)

Attorney for Defendant

Aronoff, Peter Max (New York)

Documents in the Clearinghouse

Documents in this case
1

1:23-cv-00907

Complaint for Injunctive Relief

Feb. 3, 2023

Feb. 3, 2023

Complaint
51

1:23-cv-00907

Stipulation and Order of Settlement and Dismissal

April 15, 2024

April 15, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66784521/american-civil-liberties-union-v-national-security-agency/

Last updated June 29, 2026, 5:12 a.m.

Docket for: American Civil Liberties Union v. National Security Agency
ECF Number Date Description Link
1 Feb. 3, 2023

COMPLAINT against Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence. (Filing Fee $ 402.00, Receipt Number ANYSDC-27291100)Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union..(Toomey, Patrick) (Entered: 02/03/2023)

RECAP
2 Feb. 3, 2023

CIVIL COVER SHEET filed..(Toomey, Patrick) (Entered: 02/03/2023)

RECAP
3 Feb. 3, 2023

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 02/03/2023)

RECAP
4 Feb. 3, 2023

REQUEST FOR ISSUANCE OF SUMMONS as to National Security Agency, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 02/03/2023)

RECAP
5 Feb. 3, 2023

REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 02/03/2023)

RECAP
6 Feb. 3, 2023

REQUEST FOR ISSUANCE OF SUMMONS as to Office of the Director of National Intelligence, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 02/03/2023)

RECAP
7 Feb. 3, 2023

REQUEST FOR ISSUANCE OF SUMMONS as to Department of Justice, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 02/03/2023)

RECAP
8 Feb. 6, 2023

ELECTRONIC SUMMONS ISSUED as to National Security Agency. (vf) (Entered: 02/06/2023)

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9 Feb. 6, 2023

ELECTRONIC SUMMONS ISSUED as to Central Intelligence Agency. (vf) (Entered: 02/06/2023)

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10 Feb. 6, 2023

ELECTRONIC SUMMONS ISSUED as to Office of the Director of National Intelligence. (vf) (Entered: 02/06/2023)

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11 Feb. 6, 2023

ELECTRONIC SUMMONS ISSUED as to Department Of Justice. (vf) (Entered: 02/06/2023)

RECAP
Feb. 6, 2023

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. 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 https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)

Feb. 6, 2023

Magistrate Judge Valerie Figueredo 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)

Feb. 6, 2023

Case Designated ECF. (vf)

Feb. 6, 2023

Case Opening Initial Assignment Notice

12 Feb. 7, 2023

FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - NOTICE OF APPEARANCE by Gabriella Larios on behalf of New York Civil Liberties Union..(Larios, Gabriella) Modified on 2/7/2023 (lb). (Entered: 02/07/2023)

RECAP
13 Feb. 7, 2023

FILING ERROR - DEFICIENT DOCKET ENTRY -(WRONG ATTORNEY LOGIN) - NOTICE OF APPEARANCE by Gabriella Larios on behalf of New York Civil Liberties Union..(Larios, Gabriella) Modified on 2/7/2023 (lb). (Entered: 02/07/2023)

RECAP
14 Feb. 7, 2023

FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - NOTICE OF APPEARANCE by Perry Grossman on behalf of New York Civil Liberties Union..(Grossman, Perry) Modified on 2/7/2023 (lb). (Entered: 02/07/2023)

RECAP
15 Feb. 7, 2023

NOTICE OF APPEARANCE by Gabriella Larios on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Larios, Gabriella) (Entered: 02/07/2023)

RECAP
16 Feb. 7, 2023

NOTICE OF APPEARANCE by Perry Grossman on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Grossman, Perry) (Entered: 02/07/2023)

RECAP
Feb. 7, 2023

***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Perry Grossman and Gabriella Larios. The following party/parties has been removed from this case: New York Civil Liberties Union. The party was added to the case in error. (lb)

Feb. 7, 2023

Notice to Attorney Regarding Removal of Party

17 Feb. 9, 2023

NOTICE OF APPEARANCE by Sarah Taitz on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Taitz, Sarah) (Entered: 02/09/2023)

RECAP
18 Feb. 14, 2023

NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on March 21, 2023, at 3:00 p.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. And as set forth herein. Counsel for Plaintiffs is ordered to notify Defendants of this Notice. SO ORDERED. Telephonic Initial Conference set for 3/21/2023 at 03:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 2/14/2023) (ama) (Entered: 02/14/2023)

RECAP
19 Feb. 28, 2023

SUMMONS RETURNED EXECUTED. National Security Agency served on 2/10/2023, answer due 3/3/2023. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Toomey, Patrick) (Entered: 02/28/2023)

RECAP
20 Feb. 28, 2023

SUMMONS RETURNED EXECUTED. Central Intelligence Agency served on 2/13/2023, answer due 3/6/2023. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Toomey, Patrick) (Entered: 02/28/2023)

RECAP
21 Feb. 28, 2023

SUMMONS RETURNED EXECUTED. Department Of Justice served on 2/13/2023, answer due 3/6/2023. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Toomey, Patrick) (Entered: 02/28/2023)

RECAP
22 Feb. 28, 2023

SUMMONS RETURNED EXECUTED. Office of the Director of National Intelligence served on 2/14/2023, answer due 3/7/2023. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Toomey, Patrick) (Entered: 02/28/2023)

RECAP
23 Feb. 28, 2023

SUMMONS RETURNED EXECUTED. All Defendants. Service was made by Mail. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union..(Toomey, Patrick) (Entered: 02/28/2023)

RECAP
24 Feb. 28, 2023

SUMMONS RETURNED EXECUTED. All Defendants. Service was made by Mail. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union..(Toomey, Patrick) (Entered: 02/28/2023)

RECAP
25 March 14, 2023

JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Lewis J. Liman from Sarah Taitz dated 03/14/2023. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 03/14/2023)

RECAP
26 March 16, 2023

ORDER granting 25 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Lewis J. Liman from Sarah Taitz dated 03/14/2023. Parties are to provide a further status report to the Court in 30 days, on April 13, 2023, and governments time to answer is extended through the same date. The Initial Pretrial Conference previously scheduled for March 21, 2023 is CANCELED. All other relief regarding the case management plan and scheduling is granted as proposed. (All Defendants answer due 4/13/2023.) (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mf) (Entered: 03/16/2023)

RECAP
March 16, 2023

Order on Motion for Extension of Time to Answer

27 March 17, 2023

NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 03/17/2023)

RECAP
28 April 13, 2023

STATUS REPORT. (joint) and scheduling proposal Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 04/13/2023)

RECAP
29 April 14, 2023

MEMO ENDORSEMENT on re: 28 Status Report filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis J. Liman on 4/14/23) (yv) (Entered: 04/14/2023)

RECAP
30 April 27, 2023

JOINT LETTER addressed to Judge Lewis J. Liman from Peter Aronoff dated 4/27/2023 re: proposal for processing third record. Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 04/27/2023)

RECAP
31 April 28, 2023

MEMO ENDORSEMENT on re: 30 Letter proposal for processing third record, filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis J. Liman on 4/28/23) (yv) (Entered: 04/28/2023)

RECAP
32 July 11, 2023

CONSENT LETTER MOTION for Extension of Time status report, and proposal for further status report by August 14 addressed to Judge Lewis J. Liman from Peter Aronoff dated July 11, 2023. Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 07/11/2023)

RECAP
33 July 11, 2023

ORDER granting 32 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) (Entered: 07/11/2023)

RECAP
July 11, 2023

Order on Motion for Extension of Time

Aug. 10, 2023

Notice of Case Assignment/Reassignment

Aug. 10, 2023

NOTICE OF CASE REASSIGNMENT to Judge Arun Subramanian. Judge Lewis J. Liman is no longer assigned to the case. (tg)

34 Aug. 11, 2023

STATUS REPORT. (joint) and proposal for further status report by September 14, 2023 Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 08/11/2023)

RECAP
35 Aug. 15, 2023

MEMO ENDORSEMENT on re: 34 Status Report, filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: The proposal is adopted. The parties will provide another written status update by September 14, 2023, at 5:00 p.m. SO ORDERED. (Signed by Judge Arun Subramanian on 8/15/2023) (vfr) (Entered: 08/15/2023)

RECAP
36 Sept. 14, 2023

STATUS REPORT. (joint) and proposal for further status report by November 14, 2023 Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 09/14/2023)

RECAP
37 Sept. 14, 2023

MOTION for Sarah Taitz to Withdraw as Attorney . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Taitz, Sarah) (Entered: 09/14/2023)

RECAP
38 Sept. 15, 2023

MEMO ENDORSEMENT on re: 36 Status Report, filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Arun Subramanian on 9/15/2023) (vfr) (Entered: 09/15/2023)

RECAP
39 Sept. 15, 2023

MEMO ENDORSEMENT granting 37 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. The Clerk of Court is respectfully requested to terminate Sarah Taitz as counsel in this matter and close ECF No. 37. Attorney Sarah Taitz terminated. (Signed by Judge Arun Subramanian on 9/15/2023) (vfr) (Entered: 09/15/2023)

RECAP
40 Nov. 14, 2023

STATUS REPORT. (joint) and proposal for further status report by December 14, 2023 Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 11/14/2023)

RECAP
41 Nov. 15, 2023

MEMO ENDORSEMENT on re: 40 Status Report, filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Arun Subramanian on 11/15/2023) (tg) (Entered: 11/15/2023)

RECAP
42 Dec. 14, 2023

STATUS REPORT. (joint) and proposal for further status report by January 31, 2024 Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 12/14/2023)

RECAP
43 Dec. 15, 2023

MEMO ENDORSEMENT on re: 42 Status Report, filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. The Court expects that by January 31, 2024, this case will either be resolved or the parties will be prepared to press forward with litigation on an expedited basis. (Signed by Judge Arun Subramanian on 12/15/2023) (vfr) (Entered: 12/15/2023)

RECAP
44 Jan. 31, 2024

STATUS REPORT. (joint) noting all merits issued resolved, and proposing a further status report regarding discussion of fees by March 1, 2024 Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 01/31/2024)

RECAP
45 Jan. 31, 2024

MEMO ENDORSEMENT on re: 44 Status Report, filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Arun Subramanian on 1/31/2024) (vfr) (Entered: 01/31/2024)

RECAP
46 March 1, 2024

STATUS REPORT. (joint) and proposal for further status report by March 15, 2024 Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 03/01/2024)

RECAP
47 March 4, 2024

MEMO ENDORSEMENT on re: 46 Status Report filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Arun Subramanian on 3/4/2024) (rro) (Entered: 03/04/2024)

RECAP
48 March 15, 2024

STATUS REPORT. (joint) Document filed by Central Intelligence Agency, Department Of Justice, National Security Agency, Office of the Director of National Intelligence..(Aronoff, Peter) (Entered: 03/15/2024)

RECAP
49 March 18, 2024

MEMO ENDORSEMENT on re: 48 Status Report filed by Department Of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Arun Subramanian on 3/18/2024) (vfr) (Entered: 03/18/2024)

RECAP
50 April 11, 2024

PROPOSED STIPULATION AND ORDER. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 04/11/2024)

RECAP
51 April 15, 2024

STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: NOW, THEREFORE, it is hereby STIPULATED and AGREED between the parties as follows: 1. Pursuant to 5 U.S.C. § 552(a)(4)(E), as soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order, Defendants shall pay to Plaintiffs the sum of nine thousand, five hundred dollars ($9,500) for attorneys' fees and litigation costs. This payment shall constitute full and final satisfaction of any claims by Plaintiffs for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payment shall be made by electronic funds transfers, and counsel for Plaintiffs will provide the necessary information to counsel for the Defendants to effectuate the transfers. Defendants shall make their best effort to make payment to Plaintiffs within 90 days following the dismissal of this Action. As further set forth by this Order. This action is accordingly dismissed with prejudice and without costs or fees other than as provided in paragraph 1 of this Stipulation and Order, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation and Order. Because this stipulation does not require the Court to oversee the enforcement of any prospective relief or find that Plaintiff "substantially prevailed" under 5 U.S.C. § 552(a)(4)(E), the Court construes this stipulation simply as a binding agreement plus a dismissal under Rule 41(a)(1)(A)(ii), which requires no Court endorsement. The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge Arun Subramanian on 4/15/2024) (tg) Transmission to Finance Unit (Cashiers) for processing. (Entered: 04/15/2024)

RECAP

Case Details

State / Territory:

New York

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act—Foreign Targeting (702, 703, 704)

Key Dates

Filing Date: Feb. 3, 2023

Closing Date: April 15, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

American Civil Liberties Union (ACLU), a nonprofit human rights organization.

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

Federal

Central Intelligence Agency

National Security Agency

Office of the Director of National Intelligence

United States Department of Justice

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

Southern District of New York 1:23-cv-00907

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Document/information produced

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Content of Injunction:

Required disclosure

Amount Defendant Pays: $9,500

Issues

General/Misc.:

Confidentiality

Courts

Record-keeping

Records Disclosure

Search policies

Terrorism/Post 9-11 issues

Recommended Citation