Case: Wilner v. National Security Agency

1:07-cv-03883 | U.S. District Court for the Southern District of New York

Filed Date: May 17, 2007

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On May 17, 2007, attorneys who represented detainees at Guantanamo Bay, Cuba filed a lawsuit under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, against the National Security Agency ("NSA") and Department of Justice ("DOJ"). The plaintiffs, represented by counsel from the Center of Constitutional Rights as well as private counsel, asked the court to compel defendants to comply with requests to turn over all records of NSA's wiretapping of the plaintiffs, claiming that the plaintiff…

On May 17, 2007, attorneys who represented detainees at Guantanamo Bay, Cuba filed a lawsuit under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, against the National Security Agency ("NSA") and Department of Justice ("DOJ"). The plaintiffs, represented by counsel from the Center of Constitutional Rights as well as private counsel, asked the court to compel defendants to comply with requests to turn over all records of NSA's wiretapping of the plaintiffs, claiming that the plaintiffs had a statutory right to such records, and that there was no legal basis for the defendants' refusal to disclose them.

In the wake of the September 11, 2001 terrorist attacks, the U.S. government began to intercept electronic communications, including telephone and email, of thousands of individuals, including U.S. citizens, both within and outside the United States. The surveillance was conducted without warrants, and without oversight by the Foreign Intelligence Surveillance Court ("FISC"). The surveillance program was conducted in secret until media reports in December 2005, and subsequent U.S. government acknowledgement. By separate letters to the NSA and DOJ dated January 18, 2006, plaintiffs submitted FOIA requests seeking seven categories of records. FOIA Request No. 1 sought "records obtained or relating to ongoing or completed warrantless electronic surveillance or physical searches regarding, referencing or concerning any of the plaintiffs." The defendants refused to confirm or deny whether they possessed records responsive to the request--a non-informative response known as a "Glomar Response." The other six FOIA requests did not become at issue in the litigation as the parties voluntarily dismissed claims relating to those requests on July 12, 2010. Thus, the only issue before the court was plaintiffs' FOIA Request No. 1 and the Glomar response issued by defendants.

On June 25, 2008, the District Court (Judge Denise Cote), granted summary judgment to the defendants as to FOIA Request No. 1. The court held that defendants' Glomar Response was lawful. The Court of Appeals for the Second Circuit (Judges Jose A. Cabranes, Debra Ann Livingston, and Edward R. Korman) affirmed the district court's opinion in all respects on December 30, 2009. The Supreme Court denied the plaintiffs' petition for certiorari on October 4, 2010.

Summary Authors

Michael Mirdamadi (10/12/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4331810/parties/wilner-v-national-security-agency/


Judge(s)

Cote, Denise (New York)

Attorney for Plaintiff

Borg, Karen M. (Illinois)

Cobb, Kendric M. (Illinois)

Gomez, Merkys I. (Illinois)

Attorney for Defendant

Bhattacharyya, Rupa (District of Columbia)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:07-cv-03883

Docket [PACER]

July 12, 2010

July 12, 2010

Docket
1

1:07-cv-03883

Complaint for Declaratory and Injunctive Relief

May 17, 2007

May 17, 2007

Complaint
9

1:07-cv-03883

Second Amended Complaint for Declaratory and Injunctive Relief

Nov. 2, 2007

Nov. 2, 2007

Complaint
52

1:07-cv-03883

Rule 54(b) Partial Judgment

July 31, 2008

July 31, 2008

Order/Opinion
51

1:07-cv-03883

Memorandum Opinion & Order

July 31, 2008

July 31, 2008

Order/Opinion

2008 WL 2008

58

1:07-cv-03883

Stipulation of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(ii) of Claims of Plaintiff Anne Castle

Oct. 23, 2009

Oct. 23, 2009

Order/Opinion
62

1:07-cv-03883

Judgment

U.S. Court of Appeals for the Second Circuit

Dec. 30, 2009

Dec. 30, 2009

Order/Opinion
67

1:07-cv-03883

Stipulation of Voluntary Dismissal

July 9, 2010

July 9, 2010

Order/Opinion
68

1:07-cv-03883

Stipulation and Order of Partial Dismissal

July 12, 2010

July 12, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4331810/wilner-v-national-security-agency/

Last updated Jan. 31, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against National Security Agency, Department of Justice. (Filing Fee $ 350.00, Receipt Number 619981)Document filed by Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Gitanjali Gutierrez, Michael J. Sternhell, Jonathan Wells Dixon.(jpo) Additional attachment(s) added on 6/13/2007 (Becerra, Maribel). (Entered: 05/31/2007)

May 17, 2007

May 17, 2007

Clearinghouse
2

AMENDED COMPLAINT amending 1 Complaint, against National Security Agency, Department of Justice. Document filed by Jonathan Hafetz, Jonathan Wells Dixon, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Clive Stafford Smith, Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Gitanjali Gutierrez, Michael J. Sternhell, Jonathan Wells Dixon. Related document: 1 Complaint, filed by Jonathan Wells Dixon, Asmah Tareen, James E. Dorsey, Joseph Margulies, Richard A. Grigg, Joshua Colangelo Bryan, Thomas Wilner, Anne Castle, Gitanjali Gutierrez, Thomas R. Johnson, Michael J. Sternhell, Brian J. Neff, Scott S. Barker, Stephen M. Truitt, George Brent Mickum, IV.(jco) Additional attachment(s) added on 7/17/2007 (Correa, Julie). (Entered: 06/29/2007)

June 28, 2007

June 28, 2007

RECAP
3

NOTICE OF APPEARANCE by Rupa Bhattacharyya on behalf of National Security Agency, Department of Justice (Bhattacharyya, Rupa) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

RECAP
4

ANSWER to Amended Complaint. Document filed by National Security Agency, Department of Justice. Related document: 2 Amended Complaint,,, filed by Jonathan Wells Dixon, Richard A. Grigg, Thomas Wilner, Anne Castle, John A. Chandler, Tina M. Foster, Gitanjali Gutierrez, Jonathan Hafetz, David H. Remes, Stephen M. Truitt, Charles Carpenter, Asmah Tareen, Joseph Margulies, James E. Dorsey, Joshua Colangelo Bryan, Clive Stafford Smith, Marc D. Falkoff, Alison Sclater, Thomas R. Johnson, Brian J. Neff, Michael J. Sternhell, Scott S. Barker, H. Candace Gorman, Jonathan Wells Dixon, George Brent Mickum, IV.(Bhattacharyya, Rupa) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

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5

NOTICE OF INITIAL PRETRIAL CONFERENCE:Initial Conference set for 9/28/2007 at 04:00 PM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 9/10/07) (tro) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

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6

ENDORSED LETTER addressed to Judge Denise Cote from Rupa Bhattacharyya dated 9/24/2007 re: Parties request a continuance of the initial pre-trial conference currently scheduled for September 28, 2007. ENDORSEMENT: Conference is adjourned to 10/26/2007 at 12:30 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 9/25/2007) (gr) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

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PRETRIAL SCHEDULING ORDER: Plaintiffs shall amend their complaint by 11/2/2007. Parties' summary judgment motions: Defendants' motion to be served by 2/22/2008. Plaintiffs' opposition and cross motion to be served by 3/14/2008. Defendants' reply and opposition to be served by 4/4/2008. Plaintiff's reply to be served by 4/11/2008. (Signed by Judge Denise L. Cote on 10/29/2007) (jar) (Entered: 11/01/2007)

Oct. 30, 2007

Oct. 30, 2007

RECAP
8

NOTICE OF APPEARANCE by Pardiss Kebriaei on behalf of Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith, Jonathan Wells Dixon (Kebriaei, Pardiss) (Entered: 11/02/2007)

Nov. 2, 2007

Nov. 2, 2007

RECAP
9

SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF amending 2 Amended Complaint, against National Security Agency, Department of Justice. Document filed by Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith. Related document: 2 Amended Complaint, filed by Jonathan Wells Dixon, Richard A. Grigg, Thomas Wilner, Anne Castle, John A. Chandler, Tina M. Foster, Gitanjali Gutierrez, Jonathan Hafetz, David H. Remes, Stephen M. Truitt, Charles Carpenter, Asmah Tareen, Joseph Margulies, James E. Dorsey, Joshua Colangelo Bryan, Clive Stafford Smith, Marc D. Falkoff, Alison Sclater, Thomas R. Johnson, Brian J. Neff, Michael J. Sternhell, Scott S. Barker, H. Candace Gorman, Jonathan Wells Dixon, George Brent Mickum, IV. (jco) (Entered: 11/05/2007)

Nov. 2, 2007

Nov. 2, 2007

Clearinghouse
10

ANSWER to Amended Complaint. Document filed by National Security Agency, Department of Justice. Related document: 9 Amended Complaint,,,, filed by Richard A. Grigg, Thomas Wilner, Anne Castle, John A. Chandler, Tina M. Foster, Gitanjali Gutierrez, Jonathan Hafetz, David H. Remes, Stephen M. Truitt, Charles Carpenter, Asmah Tareen, Joseph Margulies, James E. Dorsey, Joshua Colangelo Bryan, Clive Stafford Smith, Marc D. Falkoff, Alison Sclater, Thomas R. Johnson, Brian J. Neff, Michael J. Sternhell, Scott S. Barker, H. Candace Gorman, Jonathan Wells Dixon, George Brent Mickum, IV.(Bhattacharyya, Rupa) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

RECAP
11

MOTION for James I. Rubin, Julie P. Shelton, Karen M. Borg and Mark A. Schwartz to Appear Pro Hac Vice for plaintiffs. Document filed by Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith. One (1) Proposed Order for all four (4) attorneys attached.(db) (Entered: 12/03/2007)

Nov. 28, 2007

Nov. 28, 2007

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MEMORANDUM ENDORSEMENT re: 11 Motion for James I. Rubin, Julie P. Shelton, Karen M. Borg and Mark A. Schwartz to Appear Pro Hac Vice for plaintiffs. ENDORSEMENT: GRANTED. (Signed by Judge Denise L. Cote on 12/6/07) (db) (Entered: 12/07/2007)

Dec. 6, 2007

Dec. 6, 2007

RECAP
13

NOTICE OF APPEARANCE by Alexander Kenneth Haas on behalf of National Security Agency, Department of Justice (Haas, Alexander) (Entered: 02/22/2008)

Feb. 22, 2008

Feb. 22, 2008

RECAP
14

ENDORSED LETTER addressed to Judge Denise L. Cote from Alexander Haas dated 2/22/08 re: counsel for defendants requests a modification of the previous briefing schedule as follows: 3/18/08 government to file motion for partial summary judgment relating to its "Glomar" defense along with all supporting materials upon which the Government will rely. 4/15/08 Plaintiffs to file opposition to Government's motion for summary judgment on Government's "Glomar" defense. 5/6/08 Government to file reply in support of its motion for summary judgment on Government's "Glomar" defense. 3/28/08 Government to produce to Plaintiffs draft indices in support of its non "Glomar" defense. 4/18/08 Government to file its motion for summary judgment on document defense, along with any declarations and modified or supplemental indices upon which the Government will rely. Week of 4/28/08 The parties requests that the Court set a status conference. ENDORSEMENT: There shall be no sur reply. Conference is scheduled for 4/25/08 at 2:00 p.m. (Signed by Judge Denise L. Cote on 2/27/08) (dle) (Entered: 02/27/2008)

Feb. 27, 2008

Feb. 27, 2008

RECAP
15

MOTION for Partial Summary Judgment. Document filed by National Security Agency, Department of Justice. Responses due by 4/15/2008(Haas, Alexander) (Entered: 03/18/2008)

March 18, 2008

March 18, 2008

RECAP
16

MEMORANDUM OF LAW in Support re: 15 MOTION for Partial Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 03/18/2008)

March 18, 2008

March 18, 2008

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17

DECLARATION of Joseph J. Brand in Support re: 15 MOTION for Partial Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 03/18/2008)

March 18, 2008

March 18, 2008

RECAP
18

DECLARATION of J. Michael McConnell in Support re: 15 MOTION for Partial Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 03/18/2008)

March 18, 2008

March 18, 2008

RECAP
19

DECLARATION of David M. Hardy in Support re: 15 MOTION for Partial Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 03/18/2008)

March 18, 2008

March 18, 2008

RECAP
20

ENDORSED LETTER addressed to Judge Denise L. Cote from Mark Schwartz dated 3/28/08 re: Request to modify the briefing scheudule as follows: ENDORSEMENT: So ordered. There shall be no further extensions of the 5/6 date. Set Deadlines/Hearing as to 15 MOTION for Partial Summary Judgment. ( Response due by 5/6/2008. Reply due by 5/27/2008.) (Signed by Judge Denise L. Cote on 3/31/08) (cd) (Entered: 04/01/2008)

March 31, 2008

March 31, 2008

RECAP
21

ENDORSED LETTER addressed to Judge Denise L. Cote from Alexander K. Haas dated 4/14/2008 re: Requesting a modification, as set herein, of the current briefing schedule. ENDORSEMENT: The Government's summary judgment motion on the non-Glomar defense is due April 28, 2008. The conference is adjourned to May 8, 2008 at 3:00 p.m. (Signed by Judge Denise L. Cote on 4/16/2008) (jpo) (Entered: 04/17/2008)

April 16, 2008

April 16, 2008

RECAP
22

ENDORSED LETTER addressed to Judge Denise L. Cote from Alexander Haas dated 4/24/08 re: Request for a short extension of time to file the Government motion for summary judgment. ENDORSEMENT: Granted. Government's motion is due 5/5. To permit the parties an adequate opportunity to consult, the conference is adjourned to 5/12 at 10:00 am. ( Motion due by 5/5/2008. Status Conference reset for 5/12/2008 at 10:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 4/25/08) (cd) (Entered: 04/25/2008)

April 25, 2008

April 25, 2008

RECAP
23

MOTION for Summary Judgment. Document filed by National Security Agency, Department of Justice.(Haas, Alexander) (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

RECAP
24

MEMORANDUM OF LAW in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

RECAP
25

AFFIDAVIT of Joseph J. Brand (Redacted) in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

RECAP
26

AFFIDAVIT of DNI J. Michael McConnell (Redacted) in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

RECAP
27

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Steven G. Bradbury (Redacted) in Support re: 23 MOTION for Summary Judgment. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) Modified on 5/6/2008 (jar). (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

RECAP
28

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Steven G. Bradbury (Exhibits) in Support re: 23 MOTION for Summary Judgment. Document filed by National Security Agency. (Haas, Alexander) Modified on 5/6/2008 (jar). (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

RECAP
29

DECLARATION of Melanie Pustay in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency. (Haas, Alexander) (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

RECAP
30

DECLARATION of Kathy Hsu in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

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DECLARATION of James Kovakas in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

RECAP
32

DECLARATION of Kaletus L. McCain in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

RECAP
33

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of David M. Hardy (Redacted) in Support re: 23 MOTION for Summary Judgment. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) Modified on 5/6/2008 (jar). (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

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34

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of David M Hardy (Exhibits) in Support re: 23 MOTION for Summary Judgment. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) Modified on 5/6/2008 (jar). (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

RECAP
35

DECLARATION of Matthew G Olsen (Redacted) in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

RECAP
36

NOTICE of Lodging of Classified Exhibits re: 27 Declaration in Support of Motion, 33 Declaration in Support of Motion, 35 Declaration in Support of Motion, 25 Affidavit in Support of Motion, 26 Affidavit in Support of Motion. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/06/2008)

May 5, 2008

May 5, 2008

RECAP
37

DECLARATION of Joseph J Brand (Redacted) (Corrected) in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/06/2008)

May 6, 2008

May 6, 2008

RECAP
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DECLARATION of DNI J. Michael McConnell (Redacted) (Corrected) in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/06/2008)

May 6, 2008

May 6, 2008

RECAP
39

ENDORSED LETTER addressed to Judge Denise L. Cote from Alexander K. Haas dated 5/5/08 re: Counsel for defendants, the National Security Agency and the United States Department of Justice request permission to exceed by the Court's 25 page limit for memoranda of law in relation to the Government's motion for summary judgment and to file a brief not to exceed 66 pages. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/6/08) (tro) (Entered: 05/06/2008)

May 6, 2008

May 6, 2008

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40

MEMORANDUM OF LAW in Opposition re: 15 MOTION for Partial Summary Judgment.. Document filed by Thomas Wilner. (Attachments: # 1 Appendix Declarations 1-8, # 2 Appendix Declarations 9-14, # 3 Appendix Declarations 14-18)(Schwartz, Mark) (Entered: 05/06/2008)

1 Appendix Declarations 1-8

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2 Appendix Declarations 1-8

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3 Appendix Declarations 9-14

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4 Appendix Declarations 14-18

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May 6, 2008

May 6, 2008

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DECLARATION of Steven G. Bradbury (Redacted) (Refiled Per Court Notice) in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Attachments: # 1 Exhibit Exhibits to Bradbury Declaration)(Haas, Alexander) (Entered: 05/07/2008)

1 Exhibit Exhibits to Bradbury Declaration

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2 Exhibit Exhibits to Bradbury Declaration

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May 7, 2008

May 7, 2008

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DECLARATION of David M Hardy (Redacted) (Refiled Per Court Notice) in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Attachments: # 1 Exhibit Exhibits to Hardy Declaration)(Haas, Alexander) (Entered: 05/07/2008)

1 Exhibit Exhibits to Hardy Declaration

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2 Exhibit Exhibits to Hardy Declaration

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May 7, 2008

May 7, 2008

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43

PRETRIAL SCHEDULING ORDER: Government's reply in support of their motion for partial summary judgment on the Glomar defense shall be due by June 3, 2008. By June 6, 2008, plaintiffs shall submit a status letter to the Court. (Signed by Judge Denise L. Cote on 5/14/08) (tro) (Entered: 05/14/2008)

May 14, 2008

May 14, 2008

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REPLY MEMORANDUM OF LAW in Support re: 15 MOTION for Partial Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 06/03/2008)

June 3, 2008

June 3, 2008

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45

FILING ERROR - DEFICIENT DOCKET ENTRY - (SELECTED THE WRONG FILERS) -NOTICE OF APPEARANCE by Emilou Harris MacLean on behalf of Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, National Security Agency, Department of Justice, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith, Jonathan Wells Dixon (MacLean, Emilou) Modified on 6/10/2008 (lb). (Entered: 06/06/2008)

June 6, 2008

June 6, 2008

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NOTICE OF APPEARANCE by Emilou Harris MacLean on behalf of Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith (MacLean, Emilou) (Entered: 06/06/2008)

June 6, 2008

June 6, 2008

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ENDORSED LETTER addressed to Judge Denise L. Cote from Shayana Kadidal dated 6/4/2008 re: Counsel for plaintiffs write to request that the Court place the Government's non-Glomar summary judgment motion on the Court's suspense calendar, and hold in abeyance briefing on that motion pending final resolution of the related FOIA cases, including any appeals. ENDORSEMENT: The non-Glomar 5/5 motion is denied without prejudice to its renewal in the event that the parties agree that issues encompassed by the motion remain unresolved in related litigation. Status letter is due 12/15/2008. (Signed by Judge Denise L. Cote on 6/9/2008) (tve) (Entered: 06/09/2008)

June 9, 2008

June 9, 2008

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OPINION AND ORDER # 96173: For reasons further set forth in said Order, defendants' 3/18/08 15 MOTION for Partial Summary Judgment is GRANTED. (Signed by Judge Denise L. Cote on 6/25/08) (db) Modified on 6/30/2008 (rw). (Entered: 06/25/2008)

June 25, 2008

June 25, 2008

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49

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Entry of Judgment under Rule 54(b) Unopposed. Document filed by Thomas Wilner.(Schwartz, Mark) Modified on 7/30/2008 (jar). (Entered: 07/29/2008)

July 29, 2008

July 29, 2008

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MOTION for Entry of Judgment under Rule 54(b) Unopposed. Document filed by Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith.(Schwartz, Mark) (Entered: 07/30/2008)

July 30, 2008

July 30, 2008

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MEMORANDUM OPINION & ORDER #96308: For reasons further set forth in said Order, plaintiff's 7/29/08 50 Unopposed MOTION for Rule 54(b) Certification is granted. The Clerk of Court shall enter partial judgment in defendants' favor on the claims associated with FOIA Request No.1. (Signed by Judge Denise L. Cote on 7/31/08) (db) Modified on 8/1/2008 (pl). (Entered: 07/31/2008)

July 31, 2008

July 31, 2008

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52

CLERK'S Rule 54(b) JUDGMENT That for the reasons stated in the Court's Memorandum Opinion and Order dated July 31, 2008, there is no just reason for delay pursuant to Fed. R. Civ. 54(b), partial judgment is entered in defendants favor on the claims associated with FOIA Request No. 1. (Signed by J. Michael McMahon, clerk on 7/31/08) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 08/01/2008)

1 notice of right to appeal

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2 notice of right to appeal

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July 31, 2008

July 31, 2008

Clearinghouse
53

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE of Notice of Appeal. Document filed by Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith. (Schwartz, Mark) Modified on 9/24/2008 (kkc). (Entered: 09/17/2008)

Sept. 17, 2008

Sept. 17, 2008

RECAP
54

NOTICE OF APPEAL from 52 Clerk's Judgment, 48 Memorandum & Opinion, 51 Memorandum & Opinion,. Document filed by Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith, Jonathan Wells Dixon. Filing fee $ 455.00, receipt number E 663985. (nd) (Entered: 09/24/2008)

Sept. 24, 2008

Sept. 24, 2008

PACER
55

ENDORSED LETTER addressed to Judge Denise L. Cote from Kathryn Sabbeth dated 12/12/08 re: Status of Case. ENDORSEMENT: Status letter due 12/15/09. ( Status Report/letter due by 12/15/2009.) (Signed by Judge Denise L. Cote on 12/15/08) (cd) (Entered: 12/16/2008)

Dec. 16, 2008

Dec. 16, 2008

PACER
56

NOTICE OF WITHDRAWAL OF APPEARANCE: Pursuant to Local Rule 1A, the undersigned counsel, Emilou Harris MacLean, who is no longer employed by the Center for Constitutional Rights, respectfully requests to withdraw her appearance as counsel for the plaintiffs in the above-captioned matter. Shayana Kadidal of the Center for Constitutional Rights, who has already entered an appearance, will continue to represent the plaintiffs in the above-captioned matter. (Signed by Judge Denise L. Cote on 9/29/2009) (jpo) Modified on 10/13/2009 (jpo). (Entered: 09/30/2009)

Sept. 29, 2009

Sept. 29, 2009

PACER
57

REFERRED TO JUDGE FOR APPROVAL - 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, against the defendant(s) National Security Agency, Department of Justice and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Anne Castle, National Security Agency, Department of Justice.(Kadidal, Shayana) Modified on 10/16/2009 (dt). (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

PACER
58

MEMO ENDORSED ON STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(A)(1)(A)(II) OF CLAIMS OF PLAINTIFF ANNE CASTLE: ENDORSEMENT: Finding no reason for delay in entering this partial dismissal, It is approved. So Ordered (Signed by Judge Denise L. Cote on 10/22/09) (js) (Entered: 10/26/2009)

Oct. 23, 2009

Oct. 23, 2009

Clearinghouse
59

ORDER that the parties shall submit a joint status update letter to the Court by 1/29/10. (Signed by Judge Denise L. Cote on 12/30/09) (dle) (Entered: 12/31/2009)

Dec. 31, 2009

Dec. 31, 2009

PACER
60

NOTICE of Substitution of Attorney. Old Attorney: Alexander K. Haas, New Attorney: Caroline Lewis Wolverton, Address: U.S. Department of Justice, 20 Massachusetts Ave., NW, Washington, DC, USA 20007, 202-514-0265. Document filed by National Security Agency, Department of Justice. (Wolverton, Caroline) (Entered: 01/22/2010)

Jan. 22, 2010

Jan. 22, 2010

PACER
61

ENDORSED LETTER addressed to Judge Denise L. Cote from Mark Schwartz dated 1/29/2010 re: The parties propose to submit a joint status report to this Court within 2 weeks after the time for filing a petition for certiorari with the United States Supreme Court-that is, on or before 4/13/2010. ENDORSEMENT: Status report due May 1, 2010. The letter shall address non-Glomar track issues in more detail. So Ordered. (Signed by Judge Denise L. Cote on 2/1/2010) (jfe) (Entered: 02/02/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
62

MANDATE of USCA (Certified Copy) as to 54 Notice of Appeal,, filed by Jonathan Wells Dixon, Richard A. Grigg, Thomas Wilner, Anne Castle, John A. Chandler, Tina M. Foster, Gitanjali Gutierrez, Jonathan Hafetz, David H. Remes, Stephen M. Truitt, Charles Carpenter, Asmah Tareen, Joseph Margulies, James E. Dorsey, Joshua Colangelo Bryan, Clive Stafford Smith, Marc D. Falkoff, Alison Sclater, Thomas R. Johnson, Brian J. Neff, Michael J. Sternhell, Scott S. Barker, H. Candace Gorman, Jonathan Wells Dixon, George Brent Mickum, IV USCA Case Number 08-4726-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 3/11/2010. (nd) (Entered: 03/11/2010)

March 11, 2010

March 11, 2010

Clearinghouse
63

ENDORSED LETTER addressed to Judge Denise L. Cote from Shayana Kadidal dated 5/3/10 re: Joint status report is provided, pursuant to the order of 2/2/10. ENDORSEMENT: Status letter is due 7/2/10. ( Status Report due by 7/2/2010.) (Signed by Judge Denise L. Cote on 5/4/10) (cd) (Entered: 05/04/2010)

May 4, 2010

May 4, 2010

PACER
64

NOTICE of Substitution of Attorney. Old Attorney: Alexander K. Haas, Rupa Bhattacharyya, New Attorney: Caroline Lewis Wolverton, Address: U.S. Department of Justice, Civil Division, Federal Programs Branch, 20 Massachusetts Ave., N.W., Room 7150, Washington, DC, USA 20001, 202-514-0265. Document filed by National Security Agency, Department of Justice. (Wolverton, Caroline) (Entered: 05/04/2010)

May 4, 2010

May 4, 2010

PACER
65

CONSENT MOTION for Extension of Time to File Status Report. Document filed by Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith, Jonathan Wells Dixon.(Kadidal, Shayana) (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

PACER
66

MEMO ENDORSEMENT on 65 CONSENT MOTION FOR EXTENSION OF TIME TO FILE STATUS REPORT. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/6/2010) (jpo) (Entered: 07/06/2010)

July 6, 2010

July 6, 2010

PACER
67

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, without prejudice against the defendant(s) all parties and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by National Security Agency, Department of Justice.(Wolverton, Caroline) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

Clearinghouse
68

STIPULATION AND ORDER OF PARTIAL DISMISSAL. The parties to this action under the Freedom of Information Act, by and through their respective counsel and pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure, hereby stipulate to dismissal without prejudice of Plaintiffs' non-Glomar claims in this case, with each party bearing his/its own fees and costs. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 7/12/10) (djc) (Entered: 07/12/2010)

July 12, 2010

July 12, 2010

RECAP

Case Details

State / Territory: New York

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 17, 2007

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are lawyers who provide or have provided legal representation to individuals detained at Guantanamo Bay Naval Station, Cuba.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

National Security Agency (Washington), Federal

Department of Justice (Washington), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Confession of Judgment

Voluntary Dismissal

Issues

General:

Records Disclosure

Terrorism/Post 9-11 issues

Type of Facility:

Government-run