Case: Leopold v. National Security Agency

1:14-cv-00805 | U.S. District Court for the District of Columbia

Filed Date: May 14, 2014

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On May 14, 2014, the plaintiff, a freelance investigative reporter, filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the National Security Agency (NSA) and the U.S. Department of Justice (DOJ) under the Freedom of Information Act (FOIA). The plaintiff, represented by private counsel, alleged that the defendants violated the Freedom of Information Act by improperly withholding records concerning the NSA's collection of metadata of judges within the f…

On May 14, 2014, the plaintiff, a freelance investigative reporter, filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the National Security Agency (NSA) and the U.S. Department of Justice (DOJ) under the Freedom of Information Act (FOIA). The plaintiff, represented by private counsel, alleged that the defendants violated the Freedom of Information Act by improperly withholding records concerning the NSA's collection of metadata of judges within the federal judiciary, failing to conduct an adequate search for such records, and failing to grant his requests for a fee waiver. The plaintiff sought both injunctive relief and damages.

On September 26, 2014, the DOJ and NSA moved for summary judgment. On July 31, 2015, U.S. District Judge Tanya S. Chutkan granted in part and denied in part defendants' motion for summary judgment. She held that while the defendants made a good faith effort search both their facilities and records systems for the requested information, they "failed to conduct an adequate search and adequately explain the basis of their search in certain limited respects." Judge Chutkan ordered them to search again through NSA directives and the DOJ's Office of Legal Counsel's draft legal memoranda. Thus, there were still material issues of fact. 118 F. Supp. 3d 302.

The defendants completed the new searches and subsequently moved again for summary judgment on October 14, 2015. On July 11, 2016, Judge Chutkan denied the defendants' motion, holding that simply asking two senior attorneys in the Office of Legal Counsel whether they were "aware of any projects OLC projects concerning the propriety of surveilling federal or state judges" did not provide a reasonable basis for concluding that OLC was unlikely to possess responsive records. Judge Chutkan further held that the defendants did not establish that it would be unduly burdensome for them to search the emails of departing OLC attorneys for any draft memoranda or opinions concerning such surveillance program. 196 F.Supp.3d 67.

Judge Chutkan directed the parties to submit another status report and scheduling order by October 11, 2016. In August 2016, the parties reported to the Court that they had agreed to new terms under which defendant would search. On October 11, 2016, the parties reported that the search was complete and no documents were gathered. The parties then reported that the only remaining issue to be resolved was payment of plaintiff's attorney's fees and costs.

On January 26, 2017, the parties reported that a tentative settlement agreement was reached regarding plaintiff's attorney's fees and costs– that we know of, there is no public information as to the amount of attorney's fees. The settlement agreement was approved on February 27, 2017 and the Court dismissed the case with prejudice.

Summary Authors

Craig Streit (10/3/2016)

Cade Boland (3/13/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4212725/parties/leopold-v-national-security-agency/


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)

Berman, Julia A. (District of Columbia)

Judge(s)

Chutkan, Tanya Sue (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)

Berman, Julia A. (District of Columbia)

Berman, Marcia (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)

Borum, Marian L. (District of Columbia)

Braswell, Marina Utgoff (District of Columbia)

Bressler, Steven Y. (District of Columbia)

Broomhead, Timothy E. (District of Columbia)

Brown, Aimee Woodward (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)

Crimm, Nina Bafundo (District of Columbia)

Crowley, Megan Anne (District of Columbia)

Curteman, Dedra Seibel (District of Columbia)

Dearinger, Bryan Scott (District of Columbia)

Desai, Vikas K. (District of Columbia)

Dworkowitz, Gregory Peter (District of Columbia)

Elliott, Stephen McCoy (District of Columbia)

Englund, Robert N. (District of Columbia)

Farel, Lily Sara (District of Columbia)

Federighi, Carol (District of Columbia)

Field, Brian J. (District of Columbia)

Fields, Rhonda C. (District of Columbia)

Folio, Joseph Charles (District of Columbia)

Fu, Wenqiong (District of Columbia)

George, Jodi T. (District of Columbia)

Gilligan, James J. (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)

Hammond, Derek S. (District of Columbia)

Haynes, Fred Elmore (District of Columbia)

Heiman, Julia Alexandra (District of Columbia)

Hudak, Brian P. (District of Columbia)

Hunt, Laura Ann (District of Columbia)

Interrante, John G. (District of Columbia)

Johnson, Wyneva (District of Columbia)

JR., RICHARD MENTZINGER (District of Columbia)

JUSTICE, DEPARTMENT OF (District of Columbia)

Kaplan, Jennifer Beth (District of Columbia)

Kelleher, Diane (District of Columbia)

Kidwell, Judith A. (District of Columbia)

Kneedler, Jennie Leah (District of Columbia)

Kolsky, Joshua M. (District of Columbia)

Layton, Elisabeth (District of Columbia)

Lee, Jennifer Joy (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)

Lowy, Brandon Leigh (District of Columbia)

Luh, James C. (District of Columbia)

Lynch, Jason C. (District of Columbia)

Maier, Peter Rolf (District of Columbia)

McDaniel, Oliver W. (District of Columbia)

Meriweather, Robin Michelle (District of Columbia)

Modlinger, Alan Stuart (District of Columbia)

Molen, Kathleene A. (District of Columbia)

Momeni, Mercedeh (District of Columbia)

Moore, Tamra Tyree (District of Columbia)

Motgi, Anjali (District of Columbia)

Nebeker, William Mark (District of Columbia)

O'Neill, Sean Ryan (District of Columbia)

Parker, Ryan Bradley (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)

Quist, Niels Stefan (District of Columbia)

Raines, Joshua Thomas (District of Columbia)

Rosenberg, Brad P. (District of Columbia)

Ross, Carl Ezekiel (District of Columbia)

Schwartz, Benjamin Cory (District of Columbia)

Schwei, Daniel Stephen (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)

Smith, Caroline A. (District of Columbia)

Snead, Jacqueline E. Coleman (District of Columbia)

Soskin, Eric J. (District of Columbia)

Sowles, Marcia Kay (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)

Taaffe, Damon William (District of Columbia)

Theis, John Kenneth (District of Columbia)

Thurston, Robin Frances (District of Columbia)

Tilghman, Michael A. (District of Columbia)

Tyler, John Russell (District of Columbia)

Valdez, Darrell C. (District of Columbia)

Vanek, Sean Joseph (District of Columbia)

Whitaker, Claire M. (District of Columbia)

Whitman, James R. (District of Columbia)

Wilkenfeld, Joshua Ilan (District of Columbia)

WILLIAMS, JENNIFER A. (District of Columbia)

Wolverton, Caroline Lewis (District of Columbia)

Yee, Marsha Wellknown (District of Columbia)

show all people

Documents in the Clearinghouse

Document

1:14-cv-00805

Docket [PACER]

Feb. 28, 2017

Feb. 28, 2017

Docket
1

1:14-cv-00805

Complaint

May 14, 2014

May 14, 2014

Complaint
20

1:14-cv-00805

Memorandum Opinoin

July 11, 2016

July 11, 2016

Order/Opinion

2016 U.S.Dist.LEXIS 2016

20

1:14-cv-00805

Memorandum Opinion

July 31, 2016

July 31, 2016

Order/Opinion

118 F.Supp.3d 118

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4212725/leopold-v-national-security-agency/

Last updated Feb. 11, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY ( Filing fee $ 400 receipt number 0090-3716068) filed by JASON LEOPOLD. (Attachments: # 1 Civil Cover Sheet, # 2 Summons NSA, # 3 Summons DOJ, # 4 Summons USAO)(Light, Jeffrey) (Entered: 05/14/2014)

May 14, 2014

May 14, 2014

PACER
2

SUMMONS Issued Electronically as to DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY, and U.S. Attorney. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
3

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL SECURITY AGENCY served on 5/19/2014 (Light, Jeffrey) (Entered: 05/24/2014)

May 24, 2014

May 24, 2014

PACER
4

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/19/2014. Answer due for ALL FEDERAL DEFENDANTS by 6/18/2014. (Light, Jeffrey) (Entered: 05/27/2014)

May 27, 2014

May 27, 2014

PACER
5

ANSWER to Complaint by DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY.(Coleman Snead, Jacqueline) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

PACER
6

MOTION for Order directing parties to meet and confer and file a joint proposed schedule by JASON LEOPOLD (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 07/30/2014)

1 Text of Proposed Order

View on PACER

July 30, 2014

July 30, 2014

PACER
7

STATUS REPORT of the Parties by DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Coleman Snead, Jacqueline) (Entered: 08/13/2014)

Aug. 13, 2014

Aug. 13, 2014

PACER
8

MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Paul Colborn, # 4 Declaration of Pamela Phillips)(Coleman Snead, Jacqueline) (Entered: 09/26/2014)

1 Memorandum in Support

View on RECAP

2 Statement of Facts

View on PACER

3 Declaration of Paul Colborn

View on RECAP

4 Declaration of Pamela Phillips

View on PACER

Sept. 26, 2014

Sept. 26, 2014

RECAP
9

Memorandum in opposition to re 8 MOTION for Summary Judgment filed by JASON LEOPOLD. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Light, Jeffrey) (Entered: 10/24/2014)

1 Statement of Facts

View on PACER

2 Text of Proposed Order

View on PACER

Oct. 24, 2014

Oct. 24, 2014

PACER
10

REPLY to opposition to motion re 8 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Attachments: # 1 Second Colborn Declaration, # 2 Blaskowski Declaration)(Coleman Snead, Jacqueline) (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

PACER
11

MEMORANDUM AND OPINION. Signed by Judge Tanya S. Chutkan on 7/31/2015. (lctsc2) (Main Document 11 replaced on 8/13/2015) (zsm). (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

RECAP
12

ORDER granting in part and denying in part Defendants' 8 Motion for Summary Judgment. See Order for details. The parties must submit a joint proposed scheduling order for moving forward in this case by August 21, 2015. Signed by Judge Tanya S. Chutkan on 7/31/2015. (lctsc2) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

RECAP
13

NOTICE of Appearance by Rodney Patton on behalf of DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Patton, Rodney) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER
14

STATUS REPORT by Both Parties in Response to the Court's Order of July 31, 2015 by DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Patton, Rodney) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER
15

Joint STATUS REPORT and Joint Proposed Scheduling Order by DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Attachments: # 1 Text of Proposed Order)(Patton, Rodney) (Entered: 08/28/2015)

Aug. 28, 2015

Aug. 28, 2015

PACER
16

Renewed MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Text of Proposed Order)(Patton, Rodney) Modified text on 10/15/2015 (td). (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
17

ERRATA Relating to the Government's Memorandum of Points and Authorities in Support of the Goverment's Renewed Motion for Summary Judgment by DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY 16 Second MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Attachments: # 1 Memorandum in Support)(Patton, Rodney) (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

PACER
18

Memorandum in opposition to re 16 Second MOTION for Summary Judgment filed by JASON LEOPOLD. (Attachments: # 1 Exhibit 1 - Colborn Declaration from NDLON v. ICE, # 2 Statement of Facts, # 3 Text of Proposed Order)(Light, Jeffrey) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
19

REPLY to opposition to motion re 16 Second MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Attachments: # 1 Exhibit, # 2 Statement of Facts)(Patton, Rodney) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER
20

MEMORANDUM OPINION. See Order for additional details. Signed by Judge Tanya S. Chutkan on 7/11/16. (lctsc2) (Entered: 07/11/2016)

July 11, 2016

July 11, 2016

RECAP
21

ORDER denying 16 Motion for Summary Judgment. See Order for additional details. Signed by Judge Tanya S. Chutkan on 7/11/16. (lctsc2) (Entered: 07/11/2016)

July 11, 2016

July 11, 2016

PACER
22

Joint STATUS REPORT and Joint Proposed Scheduling Order by DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Patton, Rodney) (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER
23

Joint STATUS REPORT by DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Attachments: # 1 Text of Proposed Order)(Patton, Rodney) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
24

Joint STATUS REPORT by DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Patton, Rodney) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER

~Util - Set/Reset Deadlines AND .Order

Nov. 11, 2016

Nov. 11, 2016

PACER
25

Status Report

Dec. 8, 2016

Dec. 8, 2016

PACER

.Order

Dec. 12, 2016

Dec. 12, 2016

PACER

Set/Reset Deadlines

Dec. 13, 2016

Dec. 13, 2016

PACER
26

Status Report

Dec. 15, 2016

Dec. 15, 2016

PACER

Set/Reset Deadlines

Dec. 16, 2016

Dec. 16, 2016

PACER

.Order

Dec. 16, 2016

Dec. 16, 2016

PACER
27

Vacate

Jan. 26, 2017

Jan. 26, 2017

PACER

Order on Motion to Vacate

Jan. 26, 2017

Jan. 26, 2017

PACER

Set/Reset Deadlines

Jan. 31, 2017

Jan. 31, 2017

PACER
28

Status Report

Feb. 27, 2017

Feb. 27, 2017

PACER
29

.Order

Feb. 28, 2017

Feb. 28, 2017

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Multi-LexSum (in sample)

Key Dates

Filing Date: May 14, 2014

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff is a reporter who has written for a number of national publications but at the time the complaint was filed, was a contributor to Al-Jazeera America and an Editor-at-Large for The Public Record.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

National Security Agency (Washington, D.C., District of Columbia), Federal

U.S. Department of Justice (Washington, D.C., District of Columbia), 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)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Issues

General:

Records Disclosure

Terrorism/Post 9-11 issues