American Civil Liberties Union of Massachusetts, Inc. v. Central Intelligence Agency et al

Federal Civil Lawsuit Massachusetts District Court, Case No. 1:22-cv-11532-DJC
District Judge Denise J. Casper, presiding
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District Judge Denise J. Casper
Last Updated May 11, 2023 at 10:07 PM EDT (1.9 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo American Civil Liberties Union of Massachusetts, Inc., Plaintiff

Represented by American Civil Liberties Union

Name Phone Fax E-Mail
Space Daniel L. McFadden +1 617 482 3170 dmcfadden@aclum.org

Represented by Foley Hoag LLP

Name Phone Fax E-Mail
Space Christopher R. Hart +1 617 832 1232 chart@foleyhoag.com

Represented by Foley Hoag LLP (Boston)

Name Phone Fax E-Mail
Space Natalie F. Panariello +1 617 832 1780 npanariello@foleyhoag.com
v.
United States Central Intelligence Agency United States Central Intelligence Agency, Defendant
Officially listed as "Central Intelligence Agency"

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Erin Brizius +1 216 622 3670 +1 216 522 4982 erin.e.brizius2@usdoj.gov
Space Julia Alexandra Heiman +1 949 350 8719 julia.heiman@usdoj.gov
United States National Security Agency United States National Security Agency, Defendant
Officially listed as "National Security Agency"

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Erin Brizius +1 216 622 3670 +1 216 522 4982 erin.e.brizius2@usdoj.gov
Space Julia Alexandra Heiman +1 949 350 8719 julia.heiman@usdoj.gov
Office Of The Director Of National Intelligence Office Of The Director Of National Intelligence, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Erin Brizius +1 216 622 3670 +1 216 522 4982 erin.e.brizius2@usdoj.gov
Space Julia Alexandra Heiman +1 949 350 8719 julia.heiman@usdoj.gov
United States Department of Defense United States Department of Defense, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Erin Brizius +1 216 622 3670 +1 216 522 4982 erin.e.brizius2@usdoj.gov
Space Julia Alexandra Heiman +1 949 350 8719 julia.heiman@usdoj.gov
Attributes
Office Boston
Filed 9/19/2022
Jury Demand None
Demand
Nature of Suit 895 - Freedom of Information Act
Cause Section 05 U.S.C. § 552 Freedom of Information Act
Jurisdiction U.S. Government Defendant
Disposition
County Suffolk
Terminated
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Timeline
  Entries (33) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 7 Filed: 10/18/2022, Entered: None Notice of Appearance
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Legal Document (Payment Possibly Required) 6 Filed: 9/27/2022, Entered: None Affidavit of Service
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Legal Document (Payment Possibly Required) 5 Filed: 9/22/2022, Entered: None Notice of Appearance
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Legal Document (Payment Possibly Required) 4 Filed: 9/20/2022, Entered: None Notice of Appearance
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Legal Document (Payment Possibly Required) 33 Filed: 5/11/2023, Entered: 5/11/2023 Memorandum & ORDERCourt Filing
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court DENIES Defendants' motion for summary judgment, D. 24, and ALLOWS the ACLUM's cross-motion for summary judgment on the limited issue of whether Defendants "improperly refused to confirm or deny the existence of records responsive to [the] ACLUM's [FOIA] requests," D. 27. Defendants are hereby ORDERED to confirm or deny the existence of records responsive to the ACLUM's August 15, 2022 and August 16, 2022 FOIA requests by May 25, 2023. The parties are further ordered to confer and submit a joint scheduling proposal to the Court for any further deadlines for disposition of this case. Such proposal shall be filed with the Court by June 1, 2023.(Hourihan, Lisa)
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Blank 32 Filed: 3/28/2023, Entered: 3/28/2023 Motion HearingCourt Filing
Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 3/28/2023 re [24] MOTION for Summary Judgment filed by United States Department of Defense, Central Intelligence Agency, Office of the Director of National Intelligence, National Security Agency., [27] Cross MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts, Inc., Arguments. Court takes under advisement [24] MOTION for Summary Judgment United States Department of Defense, Central Intelligence Agency, Office of the Director of National Intelligence, National Security Agency. and [27] Cross MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts, Inc. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Natalie Panariello, Christopher Hart and Daniel McFadden for the Plaintiff. Julia Heiman and Elizabeth Shapiro for Defendants.) (Currie, Haley)
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Legal Document (Payment Possibly Required) 31 Filed: 3/28/2023, Entered: 3/28/2023 Reply to Response to motion
REPLY to Response to [27] Cross MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts, Inc.. (Hart, Christopher)
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Legal Document (Payment Possibly Required) 30 Filed: 3/24/2023, Entered: 3/24/2023 Opposition to Motion
Opposition re [27] Cross MOTION for Summary Judgment and Reply in Support of Defendants' Motion for Summary Judgment filed by Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense. (Attachments: # (1) Text of Proposed Order, # (2) Response to Plaintiff's Statement of Additional Material Facts)(Heiman, Julia)
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Legal Document (Payment Possibly Required) 29 Filed: 3/24/2023, Entered: 3/24/2023 Notice of Withdrawal of Appearance
NOTICE of Withdrawal of Appearance by Matthew Segal (Segal, Matthew)
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Blank 28 Filed: 3/14/2023, Entered: 3/14/2023 Notice (other)
ELECTRONIC NOTICE TO COUNSEL re [24] MOTION for Summary Judgment and [27] Cross MOTION for Summary Judgment : Pursuant to the CM/ECF Administrative Procedures Section (G) Number (4): Any memorandum of law or other attachment filed in support of a main document shall be filed as a separate document. For future filings, please make sure all memorandums in support and any statements of material facts are filed correctly in their own separate entries using the correct event. (Currie, Haley)
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Legal Document (Payment Possibly Required) 27 Filed: 3/6/2023, Entered: 3/6/2023, Terminated: 5/11/2023 Motion for Summary Judgment
Cross MOTION for Summary Judgment by American Civil Liberties Union of Massachusetts, Inc.. (Attachments: # (1) Memorandum of Law in Support of Plaintiff's Cross-Motion for Summary Judgment, # (2) Plaintiff's Response to Defendants' Statement of Facts and Statement of Additional Facts, # (3) Declaration of Daniel McFadden, # (4) Exhibit A, # (5) Exhibit B, # (6) Exhibit C, # (7) Exhibit D, # (8) Exhibit E, # (9) Exhibit F, # (10) Exhibit G, # (11) Exhibit H, # (12) Exhibit I, # (13) Exhibit J, # (14) Exhibit K, # (15) Exhibit L, # (16) Exhibit M, # (17) Exhibit N, # (18) Exhibit O)(Panariello, Natalie)
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Blank 26 Filed: 2/28/2023, Entered: 2/28/2023 Order on motion for extension of timeCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [25] Motion for Extension of Time. Plaintiff's opposition and any cross-motion to be filed by 3/6/23. Government's reply and any cross-opposition to be filed by 3/24/23. Plaintiff's cross-reply to be filed by 3/31/23. The 3/28/23 hearing date remains in place. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 25 Filed: 2/26/2023, Entered: 2/26/2023, Terminated: 2/28/2023 Motion for Extension of Time
MOTION for Extension of Time to March 6, 2023 to File Plaintiff's Opposition and Cross-Motion for Summary Judgment by American Civil Liberties Union of Massachusetts, Inc..(Panariello, Natalie)
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Legal Document (Payment Possibly Required) 24 Filed: 2/6/2023, Entered: 2/6/2023, Terminated: 5/11/2023 Motion for Summary Judgment
MOTION for Summary Judgment by Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense. (Attachments: # (1) Memorandum of Points and Authorities, # (2) Declaration of Michael G. Seidel, # (3) Statement of Undisputed Material Facts, # (4) Text of Proposed Order)(Heiman, Julia)
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Blank 23 Filed: 1/31/2023, Entered: 1/31/2023 order on motion for extension of time to fileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [22] Motion for Extension of Time to File Summary Judgment. Government to file its motion for summary judgment, including any Vaughn index by 2/6/23. Plaintiff's opposition and any cross-motion to be filed by 2/27/23. Government's reply and any cross-opposition to be filed by 3/16/23. Plaintiff's cross-reply to be filed by 3/20/23. The 3/28/23 hearing date remains in place (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 22 Filed: 1/27/2023, Entered: 1/27/2023, Terminated: 1/31/2023 Motion for Extension of Time to File
Consent MOTION for Extension of Time to February 6, 2023 to File Defendants' Motion for Summary Judgment by Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense. (Attachments: # (1) Proposed Order)(Heiman, Julia)
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Blank 21 Filed: 1/20/2023, Entered: 1/20/2023 order on motion for extension of time to fileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [20] Motion for Extension of Time to File Summary Judgment Motions. Government to file its motion for summary judgment, including any Vaughn index by 1/30/23. Plaintiff's opposition and any cross-motion to be filed by 2/20/23. Government's reply and any cross-opposition to be filed by 3/9/23. Plaintiff's cross-reply to be filed by 3/13/23. The 3/28/23 hearing date remains in place. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 20 Filed: 1/13/2023, Entered: 1/13/2023, Terminated: 1/20/2023 Motion for Extension of Time to File
Consent MOTION for Extension of Time to January 30, 2023 to File Defendants' Summary Judgment Motion by Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense. (Attachments: # (1) Proposed Order)(Heiman, Julia)
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Blank 19 Filed: 11/29/2022, Entered: 11/29/2022 Notice of hearing on motionCourt Filing
ELECTRONIC NOTICE Setting Hearing on Cross Motions for Summary Judgment. Motion Hearing set for 3/28/2023 02:00 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Hourihan, Lisa)
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Blank 18 Filed: 11/28/2022, Entered: 11/29/2022 scheduling conferenceCourt Filing
Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 11/28/2022 by video conference. Government to file its motion for summary judgment, including any Vaughn index by 1/16/23. Plaintiff's opposition and any cross-motion to be filed by 2/6/23. Government's reply and any cross-opposition to be filed by 2/23/23. Plaintiff's cross-reply to be filed by 2/27/23. Hearing set for 3/28/23 at 2:00PM. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Daniel McFadden, Matthew Segal and Natalie Panariello for the plaintiff. Julia Heiman for the defendants.) (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 17 Filed: 11/28/2022, Entered: 11/28/2022 Notice of Appearance
NOTICE of Appearance by Matthew Segal on behalf of American Civil Liberties Union of Massachusetts, Inc. (Segal, Matthew)
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Legal Document (Payment Possibly Required) 16 Filed: 11/28/2022, Entered: 11/28/2022 Notice of Appearance
NOTICE of Appearance by Christopher Escobedo Hart on behalf of American Civil Liberties Union of Massachusetts, Inc. (Hart, Christopher)
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Legal Document (Payment Possibly Required) 15 Filed: 11/21/2022, Entered: 11/21/2022 Certification pursuant to Local Rule 16.1
CERTIFICATION pursuant to Local Rule 16.1 . (Heiman, Julia)
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Legal Document (Payment Possibly Required) 14 Filed: 11/21/2022, Entered: 11/21/2022 Joint statement re scheduling conference
JOINT STATEMENT re scheduling conference . (Panariello, Natalie)
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Legal Document (Payment Possibly Required) 13 Filed: 11/21/2022, Entered: 11/21/2022 Certification pursuant to Local Rule 16.1
CERTIFICATION pursuant to Local Rule 16.1 . (McFadden, Daniel)
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Legal Document (Payment Possibly Required) 12 Filed: 10/24/2022, Entered: 10/24/2022 OrderCourt Filing
Judge Denise J. Casper: Standing Order Regarding Appearance of Counsel Via Telephone or Video Conference(Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 11 Filed: 10/24/2022, Entered: 10/24/2022 Standing OrderCourt Filing
Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 10 Filed: 10/24/2022, Entered: 10/24/2022 Notice of Scheduling ConferenceCourt Filing
NOTICE of Scheduling Conference. Scheduling Conference set for 11/28/2022 02:00 PM in Courtroom 11 (Remote only) before Judge Denise J. Casper. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 9 Filed: 10/21/2022, Entered: 10/21/2022 Answer to Complaint
ANSWER to [1] Complaint, by Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Heiman, Julia)
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Legal Document (Payment Possibly Required) 8 Filed: 10/21/2022, Entered: 10/21/2022 Notice of Appearance
NOTICE of Appearance by Julia Heiman on behalf of Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense (Heiman, Julia)
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Legal Document (Payment Possibly Required) 3 Filed: 9/19/2022, Entered: 9/19/2022 Summons issued
Summons Issued as to Central Intelligence Agency, National Security Agency, Office of the Director of National Intelligence, United States Department of Defense. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Warnock, Douglas)
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Blank 2 Filed: 9/19/2022, Entered: 9/19/2022 Notice of Case AssignmentCourt Filing
ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary)
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Legal Document (Payment Possibly Required) 1 Filed: 9/19/2022, Entered: 9/19/2022 Complaint
COMPLAINT against All Defendants Filing fee: $ 402, receipt number AMADC-9502609 (Fee Status: Filing Fee paid), filed by American Civil Liberties Union of Massachusetts, Inc.. (Attachments: # (1) Civil Cover Sheet, # (2) Civil Category Sheet)(Panariello, Natalie)
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