U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:04-cv-04151-AKH American Civil Liberties Union et al v. Department of Defense et al Assigned to: Judge Alvin K. Hellerstein Cause: 05:552 Freedom of Information Act Date Filed: 06/02/2004 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant Plaintiff ----------------------- American Civil Liberties Union represented byLawrence S. Lustberg Gibbons, Del Deo et al. One Riverfront Plaza Newark, NJ 07102-5497 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jennifer Ching Gibbons, Del Deo, Dolan, Griffinger & Vecchione (Newark) 1 Riverfront Plaza Newark, NJ 07102 (973) 596-4721 Fax: (973) 639-8330 Email: jching@gibbonslaw.com ATTORNEY TO BE NOTICED Center for Constitutional Rights, Inc. represented byJennifer Ching (See above for address) ATTORNEY TO BE NOTICED Lawrence S. Lustberg (See above for address) ATTORNEY TO BE NOTICED Physicians for Human Rights represented byJennifer Ching (See above for address) ATTORNEY TO BE NOTICED Lawrence S. Lustberg (See above for address) ATTORNEY TO BE NOTICED Veterans for Common Sense represented byJennifer Ching (See above for address) ATTORNEY TO BE NOTICED Lawrence S. Lustberg (See above for address) ATTORNEY TO BE NOTICED Veterans for Peace represented byJennifer Ching (See above for address) ATTORNEY TO BE NOTICED Lawrence S. Lustberg (See above for address) ATTORNEY TO BE NOTICED V. Defendant ----------------------- Department of Defense, and its componets Department of Army, Department of Navy, Department of Air Force, Defense Intelligence Agency represented by Sean H. Lane U.S. Attorney's Office, SDNY (86 Chambers St.) 86 Chambers Street New York, NY 10007 (212) 637-2200 Fax: (212) 637-2717 Email: sean.lane@usdoj.gov ATTORNEY TO BE NOTICED Department Of Homeland Security represented by Sean H. Lane (See above for address) ATTORNEY TO BE NOTICED Department Of Justice, and its Compnents Civil Rights Division, Criminal Division, Office of Information and Privacy, Office of Intelligence, Policy amd Review, Federal Bureau of Investigation represented by Sean H. Lane (See above for address) ATTORNEY TO BE NOTICED Department of State represented by Sean H. Lane (See above for address) ATTORNEY TO BE NOTICED Central Intelligence Agency represented by Peter Murray Skinner U.S. Attorney's Office, SDNY (St Andw's) One St. Andrew's Plaza New York, NY 10007 (212) 637-2601 Fax: (212) 637-2730 Email: peter.skinner@usdoj.gov ATTORNEY TO BE NOTICED Sean H. Lane (See above for address) ATTORNEY TO BE NOTICED Date Filed # Docket Text 06/02/20041COMPLAINT against Central Intelligence Agency, Department Of Homeland Security, Department Of Justice, Department of Defense, Department of State. (Filing Fee $ 150.00, Receipt Number 510269)Document filed by American Civil Liberties Union, Center for Constitutional Rights, Inc., Physicians for Human Rights, Veterans for Common Sense, Veterans for Peace.(gf, ) Additional attachment(s) added on 6/7/2004 (gf, ). (Entered: 06/03/2004) 06/02/2004 SUMMONS ISSUED as to Central Intelligence Agency, Department Of Homeland Security, Department Of Justice, Department of Defense, Department of State. (gf, ) (Entered: 06/03/2004) 06/02/2004 Magistrate Judge Douglas F. Eaton is so designated. (gf, ) (Entered: 06/03/2004) 06/02/2004 Case Designated ECF. (gf, ) (Entered: 06/03/2004) 06/29/2004 ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) affidavit of service by Lawrence S. Lustberg, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (snu, ) (Entered: 07/02/2004) 07/06/20042FIRST MOTION for Preliminary Injunction. Document filed by American Civil Liberties Union, Center for Constitutional Rights, Inc., Physicians for Human Rights, Veterans for Common Sense, Veterans for Peace. (Ching, Jennifer) (Entered: 07/06/2004) 07/06/20043MOTION for Preliminary Injunction. Document filed by American Civil Liberties Union, Center for Constitutional Rights, Inc., Physicians for Human Rights, Veterans for Common Sense, Veterans for Peace. (Ching, Jennifer) (Entered: 07/06/2004) 07/06/20044MOTION for Preliminary Injunction. Document filed by American Civil Liberties Union, Center for Constitutional Rights, Inc., Physicians for Human Rights, Veterans for Common Sense, Veterans for Peace. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit)(Ching, Jennifer) (Entered: 07/06/2004) 07/06/20045FIRST AMENDED COMPLAINT against all defendants.Document filed by American Civil Liberties Union, Center for Constitutional Rights, Inc., Physicians for Human Rights, Veterans for Common Sense, Veterans for Peace. (Attachments: # 1 Supplement)(Ching, Jennifer) (Entered: 07/06/2004) 07/06/2004 ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) notice of motion and declaration by Lawrence Lustberg, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (snu, ) (Entered: 07/09/2004) 07/28/20046ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Sean H. Lane dated 7/22/04. Defendants' time to respond to the amended complaint is extended to 7/30/04. Defendants' Response to plaintiffs' motion for preliminary injunction due by 7/30/2004. Reply due by 8/6/2004. Oral Argument set for 8/12/2004 03:00 PM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 7/27/04) (kw, ) (Entered: 07/28/2004) 07/28/2004 Set Answer Due Date purs. to 6 Endorsed Letter,, Set Scheduling Order Deadlines, as to Central Intelligence Agency answer due on 7/30/2004; Department Of Homeland Security answer due on 7/30/2004; Department Of Justice answer due on 7/30/2004; Department of Defense answer due on 7/30/2004; Department of State answer due on 7/30/2004. (kw, ) (Entered: 07/28/2004) 07/30/20047ANSWER to Amended Complaint. Document filed by Central Intelligence Agency, Department Of Homeland Security, Department Of Justice, Department of Defense, Department of State. Related document: 5 Amended Complaint, filed by Center for Constitutional Rights, Inc., American Civil Liberties Union, Physicians for Human Rights, Veterans for Common Sense, Veterans for Peace.(Lane, Sean) (Entered: 07/30/2004) 07/30/20048MEMORANDUM OF LAW in Opposition re: 2 FIRST MOTION for Preliminary Injunction., 3 MOTION for Preliminary Injunction., 4 MOTION for Preliminary Injunction.. Document filed by Central Intelligence Agency, Department Of Homeland Security, Department Of Justice, Department of Defense, Department of State. (Lane, Sean) (Entered: 07/30/2004) 07/30/20049FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Sean H. Lane in Opposition re: 2 FIRST MOTION for Preliminary Injunction., 3 MOTION for Preliminary Injunction, 4 MOTION for Preliminary Injunction. Document filed by Central Intelligence Agency, Department Of Homeland Security, Department Of Justice, Department of Defense, Department of State. (Lane, Sean) Modified on 8/6/2004 (kg, ). (Entered: 07/30/2004) 07/30/200410DECLARATION of Sean H. Lane in Opposition re: 2 FIRST MOTION for Preliminary Injunction., 3 MOTION for Preliminary Injunction., 4 MOTION for Preliminary Injunction.. Document filed by Central Intelligence Agency, Department Of Homeland Security, Department Of Justice, Department of Defense, Department of State. (Attachments: # 1 Exhibits to Lane Declaration)(Lane, Sean) (Entered: 07/30/2004) 07/30/200411DECLARATION of C. Y. Talbott in Opposition re: 2 FIRST MOTION for Preliminary Injunction., 3 MOTION for Preliminary Injunction., 4 MOTION for Preliminary Injunction.. Document filed by Central Intelligence Agency, Department Of Homeland Security, Department Of Justice, Department of Defense, Department of State. (Lane, Sean) (Entered: 07/30/2004) 08/06/200412FIRST REPLY MEMORANDUM OF LAW in Support re: 2 FIRST MOTION for Preliminary Injunction.. Document filed by American Civil Liberties Union, Center for Constitutional Rights, Inc., Physicians for Human Rights, Veterans for Common Sense, Veterans for Peace. (Attachments: # 1 Exhibit Exhibits 14-16# 2 Affidavit Certification of Service)(Ching, Jennifer) (Entered: 08/06/2004) 08/17/200413STIPULATION AND ORDER: regarding the procedures that will govern the documents sought by the plaintiffs in their October 2003 and May 2004 FOIA requests. (Signed by Judge Alvin K. Hellerstein on 8/17/04) (kw, ) (Entered: 08/18/2004) 09/07/200414ENDORSED LETTER addressed to Judge Hellerstein from Jennifer Ching dated 08/30/04 re: counsel is granted an extension of two days to complete the negotiation of a FOIA processing schedule. The parties will send their completed order to the Court by close of business on Wednesday, 09/01/04; (Signed by Judge Gerard E. Lynch - Part I on 8/31/04) (djc, ) Modified on 9/8/2004 (djc, ). (Entered: 09/08/2004) 09/07/200415ENDORSED LETTER addressed to Judge Hellerstein from Jennifer Ching dated 09/02/04 re: the conference is adjourned to Friday, September 10 at 11:00 a.m.. (Signed by Judge Alvin K. Hellerstein on 9/7/04) (djc, ) (Entered: 09/08/2004) 09/15/200416OPINION AND ORDER #90641: I order that by 10/15/04 defendants must produce or identify all responsive documents as set forth in this document. The parties shall appear on 10/25/04 for a status conference. (Signed by Judge Alvin K. Hellerstein on 9/15/04) (kw, ) Modified on 10/28/2004 (ae, ). (Entered: 09/15/2004) 09/21/200417TRANSCRIPT of proceedings held on 9/10/04 before Judge Alvin K. Hellerstein.(pa, ) (Entered: 09/21/2004) 10/19/200418STATUS REPORT. Government Report on Compliance with September 15, 2004 Order and Request for Limited Relief from that Order Document filed by Central Intelligence Agency, Department Of Justice, Department of Defense, Department of State.(Skinner, Peter) (Entered: 10/19/2004) 10/19/200419STATUS REPORT. Declaration of Marilyn A. Dorn in Support of Government's Report on Compliance and Request for Limited Relief Document filed by Central Intelligence Agency.(Skinner, Peter) (Entered: 10/19/2004) 10/19/200420STATUS REPORT. Declaration of Scott A. Koch in Support of Government's Report on Compliance and Request for Limited Relief Document filed by Central Intelligence Agency.(Skinner, Peter) (Entered: 10/19/2004) 10/19/200421STATUS REPORT. Declaration of Stewart F. Aly in Support of Government's Report on Compliance and Request for Limited Relief Document filed by Department of Defense.(Skinner, Peter) (Entered: 10/19/2004) 10/19/200422STATUS REPORT. Declaration of Margaret B. Baines in Support of Government's Report on Compliance and Request for Limited Relief Document filed by Department of Defense.(Skinner, Peter) (Entered: 10/19/2004) 10/19/200423STATUS REPORT. Declaration of Brian S. Kinsey in Support of Government's Report on Compliance and Request for Limited Relief Document filed by Department of Defense.(Skinner, Peter) (Entered: 10/19/2004) 10/19/200424STATUS REPORT. Declaration of Philip J. McGuire in Support of Government's Report on Compliance and Request for Limited Relief Document filed by Department of Defense.(Skinner, Peter) (Entered: 10/19/2004) 10/19/200425STATUS REPORT. Declaration of Samuel W. Morris in Support of Government's Report on Compliance and Request for Limited Relief Document filed by Department of Defense.(Skinner, Peter) (Entered: 10/19/2004) 10/19/200426STATUS REPORT. Declaration of Robert Storer in Support of Government's Report on Compliance and Request for Limited Relief Document filed by Department of Defense.(Skinner, Peter) (Entered: 10/19/2004) 10/19/200427STATUS REPORT. First Declaration of Margaret P. Grafeld in Support of Government's Report on Compliance and Request for Limited Relief Document filed by Department of State. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10)(Skinner, Peter) (Entered: 10/19/2004) 10/19/200428STATUS REPORT. Second Declaration of Margaret P. Grafeld in Support of Government's Report on Compliance and Request for Limited Relief Document filed by Department of State.(Skinner, Peter) (Entered: 10/19/2004) 10/19/200429STATUS REPORT. Declaration of Keith R. Gehle in Support of Government's Report on Compliance and Request for Limited Relief Document filed by Department Of Justice.(Skinner, Peter) (Entered: 10/19/2004) 10/20/200430STATUS REPORT. Declaration of Steven G. Bradbury in Support of Government's Report on Compliance and Request for Limited Relief Document filed by Department Of Justice.(Skinner, Peter) (Entered: 10/20/2004) 10/20/200431CERTIFICATE OF SERVICE of Government Report on Compliance and Request for Limited Relief and Accompanying Declarations served on ACLU, et al. on 10/16/2004. Document filed by Central Intelligence Agency, Department Of Justice, Department of Defense, Department of State. (Skinner, Peter) (Entered: 10/20/2004) 10/25/2004 Minute Entry for proceedings held before Judge Alvin K. Hellerstein : Status Conference held on 10/25/2004. (jeh, ) (Entered: 10/28/2004) 10/26/200432STATUS REPORT. Second Government Report on Compliance with September 15, 2004 Order Document filed by Central Intelligence Agency, Department Of Justice, Department of Defense, Department of State.(Skinner, Peter) (Entered: 10/26/2004) 10/26/200433STATUS REPORT. Declaration of David M. Hardy in Support of Second Government Report on Compliance with September 15, Order Document filed by Department Of Justice. (Attachments: # 1 Exhibit A)(Skinner, Peter) (Entered: 10/26/2004) 10/26/200434CERTIFICATE OF SERVICE of Second Government Report on Compliance and Accompanying Declaration served on ACLU, et al. on 10/22/2004. Document filed by Department Of Justice. (Skinner, Peter) (Entered: 10/26/2004) 11/01/200435ORDER as to plaintiffs' Freedom of Information Act demands dated 8/16/04: plaintiffs, by 10/29/04, shall identify the issues they believe are ripe for summary judgment; the parties shall then file motions and supporting and opposing papers according to a schedule to which they mutually agree; as to all outstanding documents responsive to plaintiffs' FOIA demands dated 8/16/04, unless specifically directed otherwise herein, defendants shall provide substantially complete responses by 11/8/04, subject to good faith exception as to any documents not capable of identification and response by said date; as to defendant Department of Defense: defendant shall provide substantially complete responses to all other pending FOIA demands by plaintiffs by 1/31/05, and partial responses to all other pending FOIA demands by plaintiffs by 1/31/05, and partial responses, at a rate reflecting identification and review of at least 10,000 pages per month, by 11/30/04 and 12/31/04, etc. as further set forth in this Order. The parties shall appear on 11/16/04 at 4 p.m. for the next status and case management conference. So Ordered. (Signed by Judge Alvin K. Hellerstein on 10/25/04) (jco) (Entered: 11/03/2004) 11/05/200436TRANSCRIPT of proceedings held on 10/25/04 before Judge Alvin K. Hellerstein.(Belfiore, John) (Entered: 11/05/2004) 11/08/200437ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Peter M. Skinner dated 11/4/04 re: the C.I.A. requests the following briefing schedule: C.I.A.'s motion papers due 11/10/04; opposition papers due 11/19/04 and reply papers due 12/1/04. Application GRANTED. (Signed by Judge Alvin K. Hellerstein on 11/8/04) (db, ) (Entered: 11/09/2004) 11/08/2004 Set/Reset Deadlines: Motions due by 11/10/2004. Replies due by 12/1/2004. Responses due by 11/19/2004 (db, ) (Entered: 11/09/2004) 11/10/200438MOTION to Stay the Court's September 15, 2004 Order. Document filed by Central Intelligence Agency. (Skinner, Peter) (Entered: 11/10/2004) 11/11/200439MEMORANDUM OF LAW in Support re: 38 MOTION to Stay the Court's September 15, 2004 Order.. Document filed by Central Intelligence Agency. (Skinner, Peter) (Entered: 11/11/2004) 11/11/200440DECLARATION of Mona B. Alderson in Support re: 38 MOTION to Stay the Court's September 15, 2004 Order.. Document filed by Central Intelligence Agency. (Skinner, Peter) (Entered: 11/11/2004) 11/11/200441CERTIFICATE OF SERVICE of Papers in Support of Motion for Limited Relief from September 15, 2004 Order served on ACLU, et al. on November 10, 2004. Document filed by Central Intelligence Agency. (Skinner, Peter) (Entered: 11/11/2004) 11/18/200442TRANSCRIPT of proceedings before Judge Alvin K. Hellerstein.(Martin, Leslie) (Entered: 11/18/2004) 11/29/200443MEMORANDUM OF LAW in Opposition re: 38 MOTION to Stay the Court's September 15, 2004 Order.. Document filed by American Civil Liberties Union, Center for Constitutional Rights, Inc., Physicians for Human Rights, Veterans for Common Sense, Veterans for Peace. (Lustberg, Lawrence) (Entered: 11/29/2004) 12/06/200444ORDER; by December 30, 2004, plaintiffs shall file their motion for summary judgment regarding selected documents on plaintiffs' list of seventy items dated August 16, 2004 as set forth in plaintiffs' letter dated October 29, 2004; Government's opposition due by 01/28/05; Plaintiffs shall file their reply by 02/11/05; defendants shall file their reply brief in support of any cross motion by 02/25/05... By December 15, 2004, the Government shall serve upon plaintiffs a final administrative response to plaintiffs' FOIA requests, together with any responsive documents appropriate for release, on behalf of the FBI and CIA;...the Court will hold a conference with the parties on February 22, 2005 at 4:00 p.m. to resolve any remaining issues; (Signed by Judge Alvin K. Hellerstein on 12/2/04) (djc, ) (Entered: 12/06/2004) 12/08/200445REPLY MEMORANDUM OF LAW in Support re: 38 MOTION to Stay the Court's September 15, 2004 Order.. Document filed by Central Intelligence Agency. (Skinner, Peter) (Entered: 12/08/2004)