University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Raimondo v. Federal Bureau of Investigation NS-CA-0020
Docket / Court 3:13-cv-02295-JSC ( N.D. Cal. )
State/Territory California
Case Type(s) National Security
Attorney Organization ACLU Chapters (any)
ACLU of Northern California
Case Summary
In August 2011, the plaintiffs, editorial director and managing editor of Antiwar.com, discovered that they individually and their website had been subject to FBI surveillance. A redacted FBI memorandum from April 30, 2004 suggested that the FBI had conducted a threat assessment of Antiwar.com “ ... read more >
In August 2011, the plaintiffs, editorial director and managing editor of Antiwar.com, discovered that they individually and their website had been subject to FBI surveillance. A redacted FBI memorandum from April 30, 2004 suggested that the FBI had conducted a threat assessment of Antiwar.com “an anti-interventionist website that publishes news and opinion articles regarding U.S. foreign and military policy.” In October 2011, the plaintiffs separately filed Freedom of Information Act (“FOIA”) and Privacy Act requests (collectively “FOIPA requests”) seeking disclosure of records maintained by the FBI. The FBI responded that it had been unable to identify file records responsive to their requests. Over the course of the next year, the plaintiffs pursued various administrative appeals and challenges to the FBI’s denial of their FOIPA requests.

On November 9, 2012, the FBI notified the plaintiffs that their FOIPA requests were administratively closed.

In May 2013, the plaintiffs filed this lawsuit against the FBI in the U.S. District Court for the Northern District of California, seeking disclosure of documents pursuant to FOIA and the Privacy Act. Represented by counsel, the plaintiffs sought declaratory and injunctive relief.

The plaintiffs separately filed requests with the FBI seeking expungement of all FBI records that describe each plaintiff’s exercise of First Amendment rights. In August 2013, the FBI responded that maintenance of records regarding the plaintiffs was proper under Section 552a(j)(2) of the Privacy Act. The plaintiffs appealed this decision and the FBI responded nearly a year later that because the matter was subject to judicial review the appeal had been administratively closed. The plaintiffs also appealed the denial of the expungement request and sought amendment of any records that pertain to individual plaintiffs that are inaccurate, irrelevant, untimely, or incomplete. The FBI denied the appeal because the matter was currently subject to judicial review.

On May 1, 2014, the plaintiffs filed their First Amended Complaint alleging four claims for relief, including two new claims under the Privacy Act.

On November 12, 2015, FBI filed a motion for summary judgment. The plaintiffs filed a cross-motion on December 17, 2015. On May 10th, 2016, the district court (Magistrate Judge Jacqueline S. Corley) entered the order regarding the cross-motions for summary judgments. The court granted the government’s motion for summary judgment as to the plaintiffs’ third and fourth claims for relief under under Sections (e)(7) and (d)(2) of the Privacy Act that the FBI must expunge or correct the Memos. The court denied without prejudice both parties’ motions for summary judgment on the plaintiffs’ first and second claims for relief regarding disclosure under FOIA and Privacy Act claims.

On January 23, 2017, after four years of extensive litigation, the parties stipulated a proposed settlement agreement. On the same day, Magistrate Judge Jacqueline S. Corley granted the agreement. The settlement required the defendant to produce relevant information to the plaintiffs to satisfy its obligation under the FOIA. The parties stipulated to dismiss all FOIA claims, with the exception of attorney’s fees. See Clearinghouse document -0003

On February 10, 2017, the parties entered into a further stipulation of settlement agreement to propose that they will (1) either file a stipulation of settlement and dismissal as to Plaintiffs’ claim for attorney’s fees pursuant to FOIA or (2) propose a briefing schedule with respect to the attorney’s fees to the Court by April 14, 2017. The court granted further stipulation on February 13, 2017. See Clearinghouse document -0004

On February 15, 2017, Judge Corley granted the plaintiff’s motion for leave to file a motion for reconsideration of the Court’s prior order on the plaintiffs’ Privacy Act claim. The parties are expected to file briefs on the motion and the Court will reconsider the matter. The case is ongoing as of March 22, 2017.

Susie Choi - 03/23/2017


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Issues and Causes of Action
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Issues
Content of Injunction
Required disclosure
Defendant-type
Law-enforcement
General
Record-keeping
Records Disclosure
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Government-run
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. § 552
Defendant(s) FBI
Plaintiff Description The plaintiffs are editorial director and managing editor who work for online magazine Antiwar.com, an anti-interventionist website that publishes news and opinion articles about U.S. foreign and military policy.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU of Northern California
Class action status sought No
Class action status granted Moot
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2017 - n/a
Filing Year 2013
Case Ongoing Yes
Docket(s)
3:13-cv-02295-JSC (N.D. Cal.)
NS-CA-0020-9000.pdf | Detail
Date: 03/17/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. 552 et seq. and the Privacy Act, 5 U.S.C. 552a et seq. [ECF# 1-1]
NS-CA-0020-0001.pdf | Detail
Date: 05/21/2013
Source: PACER [Public Access to Court Electronic Records]
First Amended and Supplemental Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5. U.S.C. § 552 et seq. and the Privacy Act, 5 U.S.C. § 552a et. seq. [ECF# 28-1]
NS-CA-0020-0006.pdf | Detail
Date: 05/01/2014
Source: PACER [Public Access to Court Electronic Records]
Order Re: Cross-Motions for Summary Judgment [ECF# 90] (2016 WL 2642038) (N.D. Cal.)
NS-CA-0020-0002.pdf | WESTLAW | Detail
Date: 05/10/2016
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 101] (N.D. Cal.)
NS-CA-0020-0003.pdf | Detail
Date: 01/23/2017
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 104] (N.D. Cal.)
NS-CA-0020-0004.pdf | Detail
Date: 02/13/2017
Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiffs Leave to File Motion for Reconsideration [ECF# 105] (N.D. Cal.)
NS-CA-0020-0005.pdf | Detail
Date: 02/15/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Corley, Jacqueline Scott (N.D. Cal.) [Magistrate]
NS-CA-0020-0002 | NS-CA-0020-0003 | NS-CA-0020-0004 | NS-CA-0020-0005 | NS-CA-0020-9000
Plaintiff's Lawyers Bluth, Andrew (California)
NS-CA-0020-0003 | NS-CA-0020-0004 | NS-CA-0020-0006
Degner, Marley Freeman (California)
NS-CA-0020-0001 | NS-CA-0020-0006 | NS-CA-0020-9000
Hurtado, Laura Christine (California)
NS-CA-0020-0001 | NS-CA-0020-0003 | NS-CA-0020-0004 | NS-CA-0020-0006 | NS-CA-0020-9000
Loran, Thomas V. III (California)
NS-CA-0020-0001 | NS-CA-0020-0003 | NS-CA-0020-0004 | NS-CA-0020-0006 | NS-CA-0020-9000
Lye, Linda (California)
NS-CA-0020-0001 | NS-CA-0020-0003 | NS-CA-0020-0004 | NS-CA-0020-0006 | NS-CA-0020-9000
Mass, Julia Harumi (California)
NS-CA-0020-0001 | NS-CA-0020-0003 | NS-CA-0020-0004 | NS-CA-0020-0006 | NS-CA-0020-9000
Defendant's Lawyers Falk, Rebecca Ann (California)
NS-CA-0020-0003 | NS-CA-0020-0004 | NS-CA-0020-9000
Stretch, Brian (District of Columbia)
NS-CA-0020-0003 | NS-CA-0020-0004
Tse, Alex G. (California)
NS-CA-0020-0003 | NS-CA-0020-0004
Wang, Jennifer S. (California)
NS-CA-0020-9000

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