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Case 1:14-cv-03948-VSB Document 2 Filed 06/03/14 Page 1 of 8

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
THE NEW YORK TIMES COMPANY and CHARLIE SAVAGE,

rt- I~ ~ rr;- r: ." ,, o/J

X

~ .!1 .!1·!032014 ~

U.S.t,>:.:-:: ~.1). N.Y.

-against-
UNITED STATES DEPARTMENT OF JUSTICE,

COMPLAINT

Defendant.
_________________________________________X

Plaintiffs THE NEW YORK TIMES COMPANY and CHARLIE SAVAGE, by their

undersigned attorneys, allege for their Complaint: 1. This is an action under the Freedom of Information Act, 5 U.S.C. § 552
("FOIA"), to order the production of agency records from Defendant United States Department of Justice ("DOJ"), and its constituent part, the National Security Division ("NSD"), in response to a request properly made by Plaintiffs The New York Times Company and Charlie Savage

(collectively "The Times").

PARTIES

2.

Plaintiff The New York Times Company publishes The New York Times

newspaper. The New York Times Company is headquartered in this judicial district at 620

Eighth Avenue, New York, New York. 3. Plaintiff Charlie Savage is a reporter for The New York Times.

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4. Defendant DOJ is an agency of the federal government that has possession

and control of the records that Plaintiffs seek.

JURISDICTION AND VENUE

5. This Court has subject matter jurisdiction over this action pursuant to 28

U.S.C. § 1331 and 5 U.S.C. § 552(a)(4)(B). 6. Venue is premised on the place of business of Plaintiffs and is proper in

this district under 5 U.S.C. § 552(a)(4)(B).

7.

Plaintiffs have exhausted all administrative remedies available in regards

to the request at issue. DOJ failed to respond to the request within the time frames set by FOIA, and therefore Plaintiffs are deemed to have exhausted all administrative remedies pursuant to 5

U.S.C. § 552(a)(6)(C).

FACTS

8. In 1978, Congress enacted the Foreign Intelligence Surveillance Act

("FISA") to govern the procedures for electronic surveillance conducted by the government for

national security purposes.

9.

The statute created the Foreign Intelligence Surveillance Court ("FISC"),

whose members would be unilaterally selected by the Chief Justice from the ranks of Article III

judges to serve staggered, seven-year terms. Each judge sits for a week at a time, and there is a

three-member FISA Court of Review to hear any appeals of the FISC's rulings.

10. Congress empowered the FISC to grant or deny wiretap orders requested

by federal law enforcement and intelligence agencies involved in national security matters. Later, Congress expanded this authority to encompass orders for physical searches as well.

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Case 1:14-cv-03948-VSB Document 2 Filed 06/03/14 Page 3 of 8
11. These orders are to be granted or denied based on a simple standard akin to ex parte requests for warrants in ordinary Article III courts: whether facts offered by the government provide probable cause to believe that the target is a foreign power or an agent of a foreign power and that each of the facilities at which surveillance is directed is being used by that target.
12. From its inception, the FISC has been cloaked in a high degree of secrecy. Consistent with judicial practices in other courts for simple yes-or-no decisions about wiretap and search orders in ongoing investigations, FISC proceedings are not publicly noticed and only government lawyers are permitted to appear in the court, without adversarial process.
13. Virtually all of the court papers, including the government's filing and the court's orders and opinions, are designated as classified and withheld from public view. If the court grants a government request for authority, there is no one to file an appeal.
14. Over the past decade, there has been growing public attention to the expansion of government surveillance and data-collection activities set in motion following the terrorist attacks of Sept. 11, 2001.
15. In 2013, Edward Snowden, a former government contractor, leaked classified documents to journalists. The resulting news articles, and subsequent declassifications, brought to light that the FISC had, since 2006, granted government requests to systematically collect data in bulk on Americans' domestic phone calls and, from 2004 to 2011, granted government requests to systematically collect data in bulk on Americans' e-mail traffic. They also showed how the FISC had become deeply involved in interpreting and overseeing the warrantless surveillance program authorized by the FISA Amendments Act of2008.

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16. These and other revelations and declassifications showed that the court had evolved away from its basic task of approving surveillance, for which its structures and processes were designed. Rather than merely granting yes-or-no review of whether the standard had been met for wiretap or search orders, it was now also engaged in complex legal analysis interpreting constitutional rights and surveillance statutes, generating legal opinions that were dozens of pages in length and that have had nationwide, programmatic consequence for the privacy rights and civil liberties of Americans.
17. In the wake of those revelations, both members of Congress and civil liberties group intensified efforts to have the government provide a greater degree of transparency about what the FISC has been doing and how the court has interpreted the
Constitution and federal statutes. 18. The government has begun selectively declassifying certain information
related to surveillance activities and FISC, including certain redacted decisions. 19. However, many crucial documents related to FISC remain secret. 20. On March 12, 2014, Mr. Savage submitted a FOIA request (the "Request")
to DOJ seeking certain materials pertaining to the FISC. 21. The Request sought "all government motions and briefs, judicial orders,
and memorandum opinions" concerning the following FISC litigation: 1) The July 22, 2002 case, "In Re Electronic Surveillance and Physical Search oflnternational Terrorist Groups, Their Agents, and Related Targets"
2) The "Raw Take" sharing order 3) The January 10, 2007 orders bringing the warrantless surveillance program under FISC authority whose existence were disclosed by Attorney General Alberto Gonzales in his Jan. 17, 2007,

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letter to Congresshttps://www.documentcloud.org/documentsll 018118alberto-gonzales-psp-letter .html
4) The January 10, 2007, Domestic Content order and Foreign Content order discussed in the leaked draft NSA IG report https://www.documentcloud.org/documents/71889 5-igreport.html
5) The "Large Content" FISA orders, referenced in the leaked STELLARWIND and FISA/PAAIFAA classification guides https://www.documentcloud.org/documents/1 0613 51-stellarwindclassification-guide.html; http://www.nytimes.com/interactive/20 14/03/12/us/fisa-classificationdoc.html
6) The decision by a FISC judge before whom the January 10, 2007, orders came up for renewal in April 2007, and who narrowed or altered them, as disclosed by then-DNI Mike McConnell in an interview with the El Paso Times published on August 22, 2007 http://www.elpasotimes.com/news/ci 6685679
7) Decisions approving targeting and minimization and implementation rules regarding the Protect America Act
8) The Sept. 4, 2008, memorandum opinion regarding the implementation of the FISA Amendments Act, referenced in the declassified ruling of October 3, 2011, by Judge Bates http://www.nvtimes.com/interactive/20 13/08/22/us/22nsa-opiniondocument.html
9) All programmatic certifications under the Protect America Act
10) All programmatic certifications under the FISA Amendments Act, including targeting directed at foreign governments, factions, entities and foreign based political organizations; targeting directed at groups engaged in international terrorism or activities in preparation thereof; and targeting directed at persons, groups and entities involved in the proliferation of weapons of mass destruction, advanced conventional weapons, disruptive technologies and their deliver systems
11) The decision around early 2012 to extend raw take sharing access to the,National Counterterrorism Center
12) Matters associated with bulk collection under Section 215 of the Patriot Act (FISA Business Records provision) for records related to

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Case 1:14-cv-03948-VSB Document 2 Filed 06/03/14 Page 6 of 8
financial transfers 13) Matters associated with bulk collection under Section 215 of the Patriot Act (FISA Business Records provision), other than those regarding telephony metadata that have already been declassified and released by the Director of National Intelligence 14) Matters associated with bulk collection under the FISA PRITT provision, other than those regarding e-mail metadata that have already been declassified and released 15) Any other motions, opinions and orders after Sept. 11, 2001, that dealt with programmatic issues rather than individual wiretap requests
22. On April 10, 2014, NDS responded by acknowledging the Request and granting expedited processing.
23. There has been no further communication from NDS or any other unit of DOJ regarding the Request.
24. DOJ's substantive response to the Report Request, either producing documents or denying the request in accordance with FOIA, was due twenty (20) business days after receipt of the request.
COUNT 25. Plaintiffs repeat, reallege, and reincorporate the allegations m the foregoing paragraphs as though fully set forth herein. 26. DOJ is an agency subject to FOIA and must therefore release in response to a FOIA request any disclosable'records in its possession at the time of the request and provide a lawful reason for withholding any other materials as to which it is claiming an exemption.

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27. Under 5 U.S.C. § 552(a)(6)(A), DOJ was required to provide documents or issue a denial within 20 business days of receiving the Request.
28. Under 5 U.S.C. § 552(a)(6)(C), a person making a request for materials under FOIA "shall be deemed to have exhausted his administrative remedies with respect to such a request if the agency fails to comply with the applicable time limit provisions" ofFOIA.
29. Accordingly, The Times is deemed to have exhausted its administrative remedies as to the Request.
30. DOJ has asserted no lawful basis under FOIA for withholding documents
asked for by the Request. 31. DOJ's failure to provide responsive documents violates FOIA. 32. Accordingly, The Times is entitled to an order compelling the DOJ to
undertake an adequate search of its records and produce the documents sought by the Report
Request.

REQUEST FOR RELIEF

WHEREFORE, Plaintiffs respectfully request that this Court:

a.

Declare that the documents sought by the Request, as described in the

foregoing paragraphs, are public under 5 U.S.C. § 552 and 5 U.S.C. § 552(a) and must be

disclosed;

b.

Order the DOJ to undertake an adequate search for the requested records

and provide those records to Plaintiffs within 20 business days of the Court's order;

c.

Award Plaintiffs the costs of this proceeding, including reasonable

attorney's fees, as expressly permitted by FOIA; and

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proper.

d. Grant Plaintiffs such other and further relief as this Court deems just and

Dated: New York, New York June 2, 2014

'D---.4 [ t_ .'-_,--
David E. McCraw, Esq. D. Victoria Baranetsky, Esq. Legal Department The New York Times Company 620 8th Avenue, 18th Floor New York, NY 10018 phone: (212) 556-4031 fax: (212) 556-1009 e-mail: mccraw@nytimes.com Counsel for Plaintiffs

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 Case 1:14-cv-03948-VSB Document 19 Filed 10/28/15 Page 1 of 2

Case 1:14-cv-03948-VSB Document 19 Filed 10/28/15 Page 2 of 2
10/28/2015

The New York Times Company et al v. United States Department of Justice, Docket No. 1_14-cv-03948 (S.D.N.Y. Jun 03, 2014),
General Information

Court
Federal Nature of Suit Docket Number Status

United States District Court for the Southern District of New York; United States District Court for the Southern District of New York
Freedom of Information Act[895]
1:14-cv-03948
CLOSED

© 2019 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service // PAGE 3

 U.S. Department of Justice
United States Attorney Southern District of New York
86 Chambers Street New York, New York 10007
July 31, 2015
By Electronic Mail
David E. McCraw, Esq. Jeremy A. Kutner, Esq. The New York Times Company 620 Eighth Avenue New York, NY 10018 E-mail: mccrad@nytimes.com
jeremy.kutner@nytimes.com
Re: The New York Times Co. v. U.S. Department of Justice, 14 Civ. 3948 (VSB)
Dear David and Jeremy:
This Office represents the United States Department of Justice (“DOJ”), the defendant in the above-referenced matter. DOJ has completed its review and processing of the items described in paragraphs 4 and 5 of the Stipulation and Order Regarding Additional Processing and Briefing, dated March 30, 2015 (the “Stipulation”).
With respect to paragraph 4 of the Stipulation, DOJ is releasing 15 documents with redactions. Information has been redacted from these documents pursuant to 5 U.S.C. §§ 552(b)(1), (b)(3), (b)(6), and (b)(7)(E). Each redacted document being released has been marked with the applicable FOIA exemption or exemptions. Additional documents that were identified as responsive to categories 7 and 9 of Plaintiffs’ March 12, 2014, FOIA request, as narrowed by the parties’ joint submission of October 9, 2014 (the “Request”), have been withheld in full.
With respect to paragraph 5 of the Stipulation, DOJ can neither confirm nor deny the existence of any documents responsive to category 14 of the Request.

If you have any questions, please do not hesitate to contact us.

Sincerely,

PREET BHARARA United States Attorney for the Southern District of New York

Enclosures

By: /s/ John D. Clopper JOHN D. CLOPPER ANDREW E. KRAUSE Assistant United States Attorneys Telephone: (212) 637-2716/2769 Facsimile: (212) 637-0033 E-mail: john.clopper@usdoj.gov andrew.krause@usdoj.gov

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56

CLAS$ IF l El:i ANNEX

All redacted information exempt under (b)(1) and/or (b)(3).

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57

 U.S. Department of Justice
United States Attorney Southern District of New York
86 Chambers Street New York, New York 10007
May 29, 2015
By Electronic Mail
David E. McCraw, Esq. Jeremy A. Kutner, Esq. The New York Times Company 620 Eighth Avenue New York, NY 10018 E-mail: mccrad@nytimes.com
jeremy.kutner@nytimes.com
Re: The New York Times Co. v. U.S. Department of Justice, 14 Civ. 3948 (VSB)
Dear David and Jeremy:
This Office represents the United States Department of Justice (“DOJ”), the defendant in the above-referenced matter. DOJ has completed its review and processing of documents in accordance with the schedule set forth in the Stipulation and Order Regarding Additional Processing and Briefing, dated March 30, 2015 (the “Stipulation”).
With respect to paragraph 1 of the Stipulation, DOJ identified three memoranda of law, and is releasing them with redactions as three separate .pdf documents. With respect to paragraph 2 of the Stipulation, DOJ identified one memorandum of law and one order, and is releasing them with redactions, combined into one .pdf document. Information has been redacted from these documents pursuant to 5 U.S.C. §§ 552(b)(1), (b)(3), (b)(6), (b)(7)(A), and (b)(7)(E). Each redacted document being released has been marked with the applicable FOIA exemption or exemptions.
With respect to paragraph 3, DOJ can neither confirm nor deny the existence of any documents responsive to categories 12 or 13 of the FOIA Request, as defined in the Stipulation.
These documents will be made available to the public on Monday, June 1, 2015, on the Director of National Intelligence’s website, “IC on the Record,” at http://icontherecord.tumblr.com/, as well as at www.dni.gov.

If you have any questions, please do not hesitate to contact us.

Sincerely,

PREET BHARARA United States Attorney for the Southern District of New York

By:

/s/ Emily E. Daughtry

JOHN D. CLOPPER

EMILY E. DAUGHTRY

ANDREW E. KRAUSE

Assistant United States Attorneys

Telephone: (212) 637-2716/2777/2769

Facsimile: (212) 637-0033

E-mail: john.clopper@usdoj.gov

emily.daughtry@usdoj.gov

andrew.krause@usdoj.gov

Enclosures

2

APPROVED FOR PUBLIC RELEASE

U.S. Department of Justice
United States Attorney Southern District of New York
86 Chambers Street New York, New York 10007
December 12, 2014
By Electronic Mail
David E. McCraw, Esq. Jeremy A. Kutner, Esq. The New York Times Company 620 Eighth Avenue New York, NY 10018 E-mail: mccrad@nytimes.com
jeremy.kutner@nytimes.com
Re: The New York Times Co. v. U.S. Department of Justice, 14 Civ. 3948 (VSB)
Dear David and Jeremy:
This Office represents the United States Department of Justice (“DOJ”), the defendant in the above-referenced matter. In accordance with the schedule set forth in the parties’ joint submission on October 9, 2014, see Dkt. No. 11, as modified by the Court’s December 8, 2014, order, see Dkt. No. 13, DOJ is releasing the enclosed documents in partial response to the Freedom of Information Act (“FOIA”) request that is the subject of this litigation. These documents are responsive to categories 3 through 6 of the request. Information has been redacted from these documents pursuant to 5 U.S.C. §§ 552(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), and (b)(7)(E). Each redacted document being released has been marked with the applicable FOIA exemption or exemptions.
These documents also are being made available to the public on the Director of National Intelligence’s website, “IC on the Record,” at http://icontherecord.tumblr.com/, as well as at www.dni.gov.

If you have any questions, please do not hesitate to contact us. Sincerely, PREET BHARARA United States Attorney for the Southern District of New York
By: /s/ Andrew E. Krause JOHN D. CLOPPER EMILY E. DAUGHTRY ANDREW E. KRAUSE Assistant United States Attorneys Telephone: (212) 637-2716/2777/2769 Facsimile: (212) 637-0033 E-mail: john.clopper@usdoj.gov emily.daughtry@usdoj.gov andrew.krause@usdoj.gov
Enclosures
2

Case: 1:14-cv-3948 As of: 12/11/2016 01:52 PM EST 1 of 3
U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:14−cv−03948−VSB

CLOSED,ECF

The New York Times Company et al v. United States Department of Justice Assigned to: Judge Vernon S. Broderick Cause: 05:552 Right to Privacy Act
Plaintiff

Date Filed: 06/03/2014 Date Terminated: 10/28/2015 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

The New York Times Company

represented by David Edward McCraw The New York Times Company (10018) 620 Eighth Avenue New York, NY 10018 (212) 556−4031 Fax: (212) 556−1009 Email: mccraw@nytimes.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeremy Alexander Kutner The New York Times Company (10018) 620 Eighth Avenue New York, NY 10018 (212) 556−5188 Fax: (212) 556−4634 Email: jeremy.kutner@nytimes.com ATTORNEY TO BE NOTICED

Plaintiff Charles Savage

represented by David Edward McCraw (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeremy Alexander Kutner (See above for address) ATTORNEY TO BE NOTICED

V. Defendant United States Department of Justice

represented by Andrew Edward Krause United States Attorney's Office, SDNY 86 Chambers Street, 3rd Floor New York, NY 10007 (212) 637−2769 Fax: (212) 637−2786 Email: andrew.krause@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emily Ewell Daughtry U.S. Attorney's Office, SDNY (Chambers Street) 86 Chambers Street New York, NY 10007 (212)−637−2800 x1579

Case: 1:14-cv-3948 As of: 12/11/2016 01:52 PM EST 2 of 3
Fax: (212)−637−2717 Email: emily.daughtry@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Dalton Clopper U.S. Attorney's Office, SDNY 86 Chambers Street New York, NY 10007 212 637 2716 Fax: 212 637 0033 Email: john.clopper@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/03/2014 06/03/2014 06/03/2014 06/03/2014 06/03/2014 07/07/2014 07/08/2014
07/09/2014 07/11/2014 07/29/2014 07/30/2014
08/15/2014
09/23/2014

# Docket Text
1 CIVIL COVER SHEET filed. (js) (Entered: 06/06/2014)
2 COMPLAINT against United States Department of Justice. (Filing Fee $ 350.00, Receipt Number 465401096628)Document filed by The New York Times Company, Charles Savage.(js) (Entered: 06/06/2014)
SUMMONS ISSUED as to United States Department of Justice, U.S. Attorney and U.S. Attorney General. (js) (Entered: 06/06/2014)
Magistrate Judge Andrew J. Peck is so designated. (js) (Entered: 06/06/2014)
Case Designated ECF. (js) (Entered: 06/06/2014)
3 ANSWER to 2 Complaint. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 07/07/2014)
4 ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 8/8/2014 at 12:45 PM in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 7/8/2014) (mro) Modified on 7/9/2014 (mro). (Entered: 07/08/2014)
5 NOTICE OF APPEARANCE by John Dalton Clopper on behalf of United States Department of Justice. (Clopper, John) (Entered: 07/09/2014)
6 NOTICE OF APPEARANCE by Andrew Edward Krause on behalf of United States Department of Justice. (Krause, Andrew) (Entered: 07/11/2014)
7 LETTER addressed to Judge Vernon S. Broderick from David E. McCraw dated 07/29/2014 re: Date of Initial Conference. Document filed by Charles Savage, The New York Times Company.(McCraw, David) (Entered: 07/29/2014)
8 MEMO ENDORSEMENT on re: 7 Letter filed by The New York Times Company, Charles Savage. ENDORSEMENT: The August 8 initial conference will be adjourned to September 12, 2014 at 10:30 a.m. APPLICATION GRANTED. SO ORDERED. ( Initial Conference set for 9/12/2014 at 10:30 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 7/30/2014) (mro) (Entered: 07/30/2014)
9 ORDER: The Initial Conference previously scheduled for September 12, 2014 at 10:30 a.m. is hereby rescheduled to October 17, 2014 at 10:30 a.m. in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Initial Conference set for 10/17/2014 at 10:30 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 8/15/2014) (mro) (Entered: 08/15/2014)
10 NOTICE OF APPEARANCE by Jeremy Alexander Kutner on behalf of Charles Savage, The New York Times Company. (Kutner, Jeremy) (Entered: 09/23/2014)

Case: 1:14-cv-3948 As of: 12/11/2016 01:52 PM EST 3 of 3

10/09/2014 10/17/2014 10/31/2014 12/05/2014 12/08/2014 03/20/2015 03/23/2015 03/30/2015 04/01/2015 10/27/2015
10/28/2015 10/28/2015

11 JOINT LETTER addressed to Judge Vernon S. Broderick from Andrew E. Krause dated October 9, 2014 re: joint initial pre−trial conference submission (in accordance with Dkt. No. 4). Document filed by United States Department of Justice. (Attachments: # 1 Exhibit A)(Krause, Andrew) (Entered: 10/09/2014)
Minute Entry for proceedings held before Judge Vernon S. Broderick: Initial Pretrial Conference held on 10/17/2014. (msa) (Entered: 10/17/2014)
Set/Reset Deadlines: DOJ's Motion for Partial Summary Judgment due by 5/1/2015. Plaintiffs' Opposition and Cross−Motion for Partial Summary Judgment due by 6/1/2015; DOJ's Reply/Opposition brief due by 7/1/2015. Plaintiffs' Reply brief due by 7/15/2015. (msa) (Entered: 10/31/2014)
12 LETTER MOTION for Extension of Time to transmit first release of documents addressed to Judge Vernon S. Broderick from Andrew E. Krause dated December 5, 2014. Document filed by United States Department of Justice.(Krause, Andrew) (Entered: 12/05/2014)
13 ORDER granting 12 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/8/2014) (ajs) (Entered: 12/08/2014)
14 LETTER MOTION for Extension of Time for Proposed Schedule addressed to Judge Vernon S. Broderick from David E. McCraw dated 03/20/2015. Document filed by Charles Savage, The New York Times Company.(McCraw, David) (Entered: 03/20/2015)
15 ORDER granting 14 Letter Motion for Extension of Time for Proposed Schedule addressed to Judge Vernon S. Broderick from David E. McCraw dated 03/20/2015. APPLICATION GRANTED. The deadline to submit a proposed production schedule is adjourned until March 30, 2015. (Signed by Judge Vernon S. Broderick on 3/23/2015) (kko) (Entered: 03/23/2015)
16 LETTER addressed to Judge Vernon S. Broderick from AUSA Emily E. Daughtry dated March 30, 2015 re: Proposed Stipulation and Order. Document filed by United States Department of Justice. (Attachments: # 1 Text of Proposed Order Regarding Additional Processing and Briefing)(Daughtry, Emily) (Entered: 03/30/2015)
17 MEMO ENDORSEMENT on re: 16 Letter, filed by United States Department of Justice. ENDORSEMENT: So ordered., ( Cross Motions due by 12/14/2015., Motions due by 11/9/2015., Responses due by 1/19/2016., Replies due by 2/9/2016.) (Signed by Judge Vernon S. Broderick on 4/1/2015) (lmb) (Entered: 04/01/2015)
18 DOCUMENT 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, with prejudice against the defendant(s) All Plaintiffs and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The New York Times Company, Charles Savage.(McCraw, David) Modified on 10/28/2015 (km). (Entered: 10/27/2015)
***NOTE TO ATTORNEY − DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney David McCraw Document 18 Stipulation of Voluntary Dismissal was referred to Judge Vernon S. Broderick for approval. (km) (Entered: 10/28/2015)
19 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL PURSUANT TO FED.R.CIV.P.41(a)(1)(A)(ii): The Complaint shall be dismissed with prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii) without costs and without attorneys' fees or conferral of prevailing party status pursuant to FOIA of any other federal statue. (Signed by Judge Vernon S. Broderick on 10/28/2015) (lmb) (Entered: 10/28/2015)

Output: On June 3, 2014, the New York Times and its reporter filed this lawsuit in the U.S. District Court for the Southern District of New York against the Department of Justice (DOJ) under the Freedom of Information Act (FOIA) seeking production of Foreign Intelligence Surveillance Court (FISC) rulings interpreting surveillance law since 9/11. The plaintiff alleged a violation of FOIA because the defendant failed to release these documents in response to a FOIA request. While this litigation was pending, the DOJ produced redacted versions of the FISC documents to the plaintiffs. The case was voluntarily dismissed on October 28, 2015. The case is now closed.


Input:
Case 1:17-cv-00708-CRC Document 1 Filed 04/18/17 Page 1 of 7

UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

AMERICAN-ARAB ANTI-

)

DISCRIMINATION COMMITTEE,

)

1705 DeSales St., NW, Suite 500, )

Washington, D.C. 20036

)

)

Plaintiff,

)

)

v.

)

)

U.S. CUSTOMS AND BORDER

)

PROTECTION,

)

1300 Pennsylvania Avenue NW,

)

Washington, D.C. 20229

)

)

Defendant.

Civil Action No.: 1:17-cv-00708

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Introduction 1. This is an action under the Freedom of Information Act (“FOIA” or “the Act”), 5 U.S.C. § 552, seeking unlawfully withheld agency records relating to actions taken by Defendant U.S. Customs and Border Protection (“CBP”) to revoke, suspend, or terminate participation in the Global Entry System (“GES” or “Global Entry”) for certain Arab and Muslim U.S. Citizens and Lawful Permanent Residents (“LPRs”) without any legal justification. 2. Global Entry is a CBP trusted traveler program that allows expedited security clearance and admission for pre-approved, low-risk travelers upon arrival in the United States. Approved GES travelers enter the United States through automatic kiosks at select airports and are normally exempted from the normal interview process.

1

Case 1:17-cv-00708-CRC Document 1 Filed 04/18/17 Page 2 of 7
3. Shortly after the November 2016 presidential election, and accelerating significantly following the new administration’s rollout of its first attempt at a Muslim travel ban, Plaintiff American-Arab Anti-Discrimination Council (“ADC”) began receiving reports that Arabs and Muslims who were previously approved for GES had these approvals inexplicably revoked by CBP.
4. As documented by ADC, and subsequently, by several media outlets, these Global Entry revocations were not isolated incidents. Rather, they are part of a wider pattern in which GES-approved travelers with Arab or Muslim names or ancestry are singled out for revocation in absence of any material change in circumstance or security risk.
5. ADC documented cases of physicians, bankers, students, and businesspeople who are long-time GES participants and who saw their approvals inexplicably and simultaneously revoked.
6. This pattern corresponded with the unexplained, heightened scrutiny—and in many cases, abusive questioning by CBP officials—directed at Arab and Muslim travelers in the wake of the new administration’s Muslim travel bans.
7. In early March 2017, ADC filed FOIA requests with CBP seeking records maintained by the agency in relation to Global Entry revocations, suspensions, terminations, confirmations, and policy practices. Specifically, ADC sought:
a. All agency records relating to each revocation, suspension, or termination of Global Entry System (GES) participation from November 9, 2016 to the date of the agency’s response to this request;
b. All agency records showing the annual total of revocations, suspensions, or terminations of (GES) permissions between January 1, 2012 and November 8, 2016.
c. All agency records showing reversal or confirmation of CBP’s GES revocation decisions by the CBP Ombudsman’s office;
2

Case 1:17-cv-00708-CRC Document 1 Filed 04/18/17 Page 3 of 7
d. Any agency policy, practice, memorandum, training, guidance, communication, or other similar record created on or after November 9, 2017 relating to the suspension, revocation, or termination of GES;
e. Any agency policy, practice, memorandum, training, communication or other similar record created on or after November 9, 2016 that alters, modifies, or in any way affects CBP’s prior practices and policies with respect to GES screening, investigation, or revocation; and
f. Any agency records created on or after November 9, 2016 relating to operation or functioning of the GES program containing any of the following the words or phrases, whether in their singular or plural forms: “Muslim”, “Arab”, “Ban”, “Muslim Ban”, or “Travel Ban.”
8. ADC sought expedited processing of these requests, citing the urgent need to inform the public about CBP’s actions in suspending, revoking, or terminating GES authorization for Arabs and Muslims.
9. CBP has failed to disclose the requested agency records within the time period specified by Congress or offer any meaningful estimate of when these records will become available.
10. Accordingly, ADC seeks declaratory and injunctive relief under the Act to compel DHS to search for and produce the records requested.
Jurisdiction and Venue 11. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 and 5 U.S.C. § 552(a)(4)(B). Jurisdiction lies to grant declaratory relief pursuant to 28 U.S.C. §§ 2201-2202. Venue is proper under 5 U.S.C. § 552(a)(4)(B) because ADC brings this action in the District of Columbia.
3

Case 1:17-cv-00708-CRC Document 1 Filed 04/18/17 Page 4 of 7
Parties 12. Plaintiff ADC is a civil rights organization committed to defending the rights of people of Arab descent and promoting their rich cultural heritage. ADC is the largest American-Arab grassroots organization in the United States. Founded in 1980 by former Senator James Abourzek, ADC’s objectives include combating stereotypes and discrimination against and affecting the Arab American community in the United States, serving as a public voice for the Arab American community in the United States on domestic and foreign policy issues, and educating the American public in order to promote greater understanding of Arab history and culture. ADC engages in wideranging advocacy, education, and organizing to defend and promote human rights and civil liberties of Arab Americans and other persons of Arab heritage. 13. CBP is an executive agency of the United States government and is responsible for administering the Global Entry program. CBP is an “agency “within the meaning of 5 U.S.C. § 552(f)(1). 14. CBP has custody, possession and control over the records ADC seeks.
Plaintiff’s Requests and CBP Responses 15. On March 8, 2017, ADC submitted the FOIA request attached hereto as Exhibit A to CBP via the agency’s online FOIA portal. 16. CBP acknowledged receipt of ADC’s request on or about March 8, 2017 and assigned it Case Number CBP-2017-037684. Exhibit B. 17. The agency categorized ADC’s request as a “perfected non-traveler” request and assigned it to the Simple request track. 18. On March 9, 2017, ADC submitted a follow-on request correcting and clarifying the date ranges specified the March 8, 2017 request, attached as Exhibit C.
4

Case 1:17-cv-00708-CRC Document 1 Filed 04/18/17 Page 5 of 7
19. CBP acknowledged receipt of ADC’s request on or about March 9, 2017 and assigned it Case Number CBP-2017-038185. Exhibit D.
20.Since acknowledging receipt of Plaintiff’s requests, CBP has failed disclose records in accordance with the timing limitations set forth by the FOIA
Claims for Relief Count I: Violation of the FOIA - Improper Withholding of Agency Records
21. All previous paragraphs are incorporated as though fully set forth herein. 22. Plaintiff has a legal right under the FOIA to obtain agency records described in the March 2017 requests assigned Case Numbers CBP-2017-038185 and CBP-2017037684. 23. No legal basis exists for CBP’s failure to adequately search for and promptly disclose responsive agency records in accordance with the timing and other requirements of the Act. 24. CBP’s failure to make timely, reasonable efforts to search for responsive agency records, and its wrongful withholding of agency records sought in connection with ADC’s requests violates the FOIA. 25. CBP’s wrongful withholding of the agency records sought in connection with ADC’s requests violates the FOIA. 5 U.S.C. §§ 552(a)(3)(A) and 552(a)(3)(C). 26. CBP’s failure to timely respond to ADC’s requests has constructively exhausted Plaintiff’s administrative remedies. Count II: Violation of the FOIA – Unlawful Denial of Expedited Processing 27. All previous paragraphs are incorporated as though fully set forth herein. 28. CBP violated the FOIA by constructively denying ADC’s expedited processing request.
5

Case 1:17-cv-00708-CRC Document 1 Filed 04/18/17 Page 6 of 7

29. ADC is an organization primarily involved in the dissemination of information.

30.There is an urgent need to inform the public of CBP’s documented actions in

suspending, revoking, or terminating Global Entry approvals for Arab and Muslim

travellers.

31. ADC properly sought expedited processing of both FOIA requests.

32. CBP has failed to process either request within ten (10) business days.

REQUEST FOR RELIEF

WHEREFORE, Plaintiff requests that judgment enter in her favor and against

Defendant, and that the Court:

A. Order Defendant and any of Defendant’s agents or other persons,

departments, or components acting for, with, by, through, or under them, to conduct an

expedited, search for records responsive to Plaintiff’s requests under the FOIA;

B. Permanently enjoin and restrain Defendant and any of Defendant’s agents

or other persons, departments, or components acting for, with, by, through, or under

them from withholding the agency records at issue in this case;

C. Order Defendant to produce to Plaintiff on an expedited basis all agency

records which are responsive to Plaintiff’s requests and not exempt pursuant to FOIA;

D. Award Plaintiff reasonable attorneys’ fees and costs pursuant to 5 U.S.C. §

552(a)(4)(E); and,

E. Award all other relief to Plaintiff that the Court deems just, equitable, and

proper.

Date: April 18, 2017

Respectfully submitted,

/s/ R. Andrew Free R. ANDREW FREE, No. 30513 P.O. Box 90568

6

Case 1:17-cv-00708-CRC Document 1 Filed 04/18/17 Page 7 of 7
Nashville, TN 37209 Tel. 844-321-3221 Fax: 615-829-8959 Andrew@immigrantcivilrights.com Co-Counsel for the Plaintiff /s/ Gregory H. Siskind* Siskind Susser, PC 1028 Oakhaven Road Memphis, TN 38119 Tel. 901-682-6455 Fax. 901-339-9604 gsiskind@visalaw.com C0-Counsel for the Plaintiff *Application for admission forthcoming
7

 Case 1:17-cv-00708-CRC Document 30 Filed 03/01/19 Page 1 of 2

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

AMERICAN-ARAB ANTI-

)

DISCRIMINATION COMMITTEE,

)

)

Plaintiff,

)

)

v.

)

Civil Action No. 1:17-cv-00708-CRC

)

U.S. CUSTOMS AND BORDER

)

PROTECTION,

)

)

Defendant.

)

____________________________________)

JOINT STATUS REPORT

Pursuant to the Court’s Minute Order dated February 15, 2019, Plaintiff American-Arab

Anti-Discrimination Committee and Defendant U.S. Customs and Border Protection (CBP) submit

the following joint status report.

1. The parties have resolved their differences as to CBP’s search for and production

of non-exempt, responsive records subject to the FOIA. The only remaining issue for the parties

to discuss is possible attorneys’ fees under the FOIA.

2. Counsel for Plaintiff intends to provide counsel for Defendant a proposed fee

petition no later than March 6, 2019. Over the next few weeks, counsel for Defendant will review

the proposed fee petition and the parties will discuss next steps.

3. Accordingly, the parties propose filing another joint status report by March 22,

2019 to update the Court on the parties’ anticipated course of action with respect to attorneys’ fees.

Dated: March 1, 2019

Respectfully submitted, JOSEPH H. HUNT Assistant Attorney General
1

Case 1:17-cv-00708-CRC Document 30 Filed 03/01/19 Page 2 of 2
ELIZABETH J. SHAPIRO Deputy Director, Federal Programs Branch /s/ Kari E. D’Ottavio KARI E. D’OTTAVIO Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 1100 L Street NW Washington, D.C. 20005 Tel.: (202) 305-0568 Fax: (202) 616-8470 Email: kari.e.d’ottavio@usdoj.gov Counsel for Defendant /s/ Andrew Free R. Andrew Free P.O. Box 90568 Nashville, TN 37209 Tel.: (844) 321-3221 Fax: (615) 829-8959 andrew@immigrantcivilrights.com Co-Counsel for the Plaintiff
2

 CLOSED,TYPE−I
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:17−cv−00708−CRC

AMERICAN−ARAB ANTI−DISCRIMINATION COMMITTEE v. U.S. CUSTOMS AND BORDER PROTECTION Assigned to: Judge Christopher R. Cooper Cause: 05:552 Freedom of Information Act
Plaintiff

Date Filed: 04/18/2017 Date Terminated: 07/26/2019 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: Federal Question

AMERICAN−ARAB ANTI−DISCRIMINATION COMMITTEE

represented by R. Andrew Free LAW OFFICE OF R. ANDREW FREE P.O. Box 90568 Nashville, TN 37209 (844) 321−3221 Fax: (615) 829−8959 Email: andrew@immigrantcivilrights.com ATTORNEY TO BE NOTICED

V.
Defendant
U.S. CUSTOMS AND BORDER PROTECTION

represented by Kari E. D'Ottavio U.S. DEPARTMENT OF JUSTICE Civil Division, Federal Programs Branch 1100 L Street NW Washington, DC 20005 202−305−0568 Email: kari.e.d'ottavio@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Leon Drezner U.S. DEPARTMENT OF JUSTICE Civil Division, Federal Programs Branch 1100 L Street NW Room 12210 Washington, DC 20005 (202) 514−4505 Fax: (202) 616−8470 Email: Michael.L.Drezner@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chetan A. Patil U.S. DEPARTMENT OF JUSTICE Civil Division 1100 L Street, NW Room 12518 Washington, DC 20530 (202) 305−4968 Fax: (202) 616−8470 Email: chetan.patil@usdoj.gov TERMINATED: 10/09/2018

Date Filed # Docket Text

04/18/2017
04/18/2017
04/18/2017 04/18/2017 04/19/2017 06/02/2017 06/02/2017 06/05/2017
06/05/2017 07/03/2017 07/05/2017
07/06/2017 07/20/2017 07/20/2017 07/25/2017
07/25/2017 07/25/2017

1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090−4918937), CIVIL COVER SHEET by AMERICAN−ARAB ANTI−DISCRIMINATION COMMITTEE, REQUEST FOR SUMMONS TO ISSUE filed by AMERICAN−ARAB ANTI−DISCRIMINATION COMMITTEE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney's Office − Civil Process Clerk, # 3 Summons DHS Office of General Counsel, # 4 Summons U.S. Attorney General)(Free, R.) (Entered: 04/18/2017)
2 NOTICE of Filing − Exhibits to Complaint by AMERICAN−ARAB ANTI−DISCRIMINATION COMMITTEE re 1 Complaint,, Cover Sheet,, Request for Summons to Issue, (Attachments: # 1 Exhibit A − March 8, 2017 FOIA Request, # 2 Exhibit B − CBP Web Portal Printout, # 3 Exhibit C − March 9, 2017 FOIA Modification, # 4 Exhibit D − CBP Web Portal Printout)(Free, R.) (Entered: 04/18/2017)
ENTERED IN ERROR.....Case Assigned to Judge Tanya S. Chutkan. (sth) Modified on 4/19/2017 based on incorrect Deck. (sth). (Entered: 04/19/2017)
Case Reassigned to Judge Christopher R. Cooper. (sth) (Entered: 04/19/2017)
3 SUMMONS (3) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 04/19/2017)
4 NOTICE of Appearance by Chetan A. Patil on behalf of U.S. CUSTOMS AND BORDER PROTECTION (Patil, Chetan) (Entered: 06/02/2017)
5 MOTION for Extension of Time to File Answer by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Text of Proposed Order)(Patil, Chetan) (Entered: 06/02/2017)
MINUTE ORDER granting 5 Defendant's Motion for Extension of Time to Answer. It is hereby ORDERED that Defendant shall file its response to Plaintiff's complaint on or by July 3, 2017. Signed by Judge Christopher R. Cooper on 6/5/2017. (lccrc2) (Entered: 06/05/2017)
Set/Reset Deadlines: Response due by 7/3/2017. (nbn) (Entered: 06/06/2017)
6 ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION.(Patil, Chetan) (Entered: 07/03/2017)
MINUTE ORDER: Before the Court in this FOIA case are a 1 complaint and 6 answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure by July 20, 2017. Signed by Judge Christopher R. Cooper on 7/5/2017. (lccrc2) (Entered: 07/05/2017)
Set/Reset Deadlines: Proposed Briefing Schedule due by 7/20/2017 (lsj) (Entered: 07/06/2017)
7 NOTICE of Appearance by Kari E. D'Ottavio on behalf of U.S. CUSTOMS AND BORDER PROTECTION (D'Ottavio, Kari) (Entered: 07/20/2017)
8 Joint STATUS REPORT and Proposed Schedule for Disclosure by AMERICAN−ARAB ANTI−DISCRIMINATION COMMITTEE. (Free, R.) (Entered: 07/20/2017)
MINUTE ORDER: In light of 8 parties' Joint Status Report, it is hereby ORDERED that Defendant shall make its first production of responsive documents to Plaintiff on or around August 15, 2017. It is further ORDERED that the parties shall file a joint status report on or by August 31, 2017, including a proposed briefing schedule if necessary. Signed by Judge Christopher R. Cooper on 7/25/2017. (lccrc2) (Entered: 07/25/2017)
Set/Reset Deadlines: Joint Status Report due by 8/31/2017 (hs) (Entered: 07/25/2017)
Set/Reset Deadlines : Defendant to produce first responsive documents to Plaintiff by 8/15/17. (kk) (Entered: 07/25/2017)

08/31/2017 09/05/2017 09/05/2017 10/31/2017 10/31/2017 11/01/2017
11/01/2017 12/14/2017 12/14/2017 12/15/2017
12/15/2017 02/02/2018 02/05/2018

9 Joint STATUS REPORT by AMERICAN−ARAB ANTI−DISCRIMINATION COMMITTEE. (Free, R.) (Entered: 08/31/2017)
MINUTE ORDER: In light of 9 the parties' Joint Status Report, it is ORDERED that the parties file a further status report by October 31, 2017, or, if agreement on any remaining issues cannot be reached, a briefing schedule. Signed by Judge Christopher R. Cooper on 9/5/2017. (lccrc2) (Entered: 09/05/2017)
Set/Reset Deadlines: Joint Status Report due by 10/31/2017. (znbn) (Entered: 09/06/2017)
10 PROPOSED BRIEFING SCHEDULE (Submitted by Plaintiff only) by AMERICAN−ARAB ANTI−DISCRIMINATION COMMITTEE. (Attachments: # 1 Text of Proposed Order)(Free, R.) (Entered: 10/31/2017)
11 STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (D'Ottavio, Kari) (Entered: 10/31/2017)
MINUTE ORDER: In light of 10 Plaintiff's proposed briefing schedule and 11 Defendant's status report, the Court declines to set a briefing schedule until Defendant's search and production is complete. The Court will not be able to evaluate the effectiveness of Defendant's search until it has completed that search. See Simon v. U.S. Department of Justice, No. 16−cv−671, 2017 WL 1495915 (D.D.C. April 26, 2017). It is therefore ORDERED that Defendant is to complete its search and to review and produce all remaining non−exempt responsive documents to Plaintiff by December 15, 2017. It is further ORDERED that the following briefing schedule will then apply if necessary: Defendant's motion for summary judgment shall be due January 15, 2018; Plaintiff's combined opposition and cross−motion for summary judgment shall be due by February 15, 2018; Defendant's combined reply and opposition shall be due by March 15, 2018; and Plaintiff's reply shall be due by March 29, 2018. Signed by Judge Christopher R. Cooper on 11/1/2017. (lccrc2) Modified on 11/1/2017 to change from 2017 to 2018 (znbn). (Entered: 11/01/2017)
Set/Reset Deadlines: Defendant is to complete its search and to review and produce all remaining non−exempt responsive documents to Plaintiff by 12/15/2017. Summary Judgment motions due by 1/15/2018. Response to Motion for Summary Judgment due by 2/15/2018. Reply to Motion for Summary Judgment due by 3/15/2018. Replies due by 3/29/2018. (nbn) (Entered: 11/01/2017)
12 MOTION for Extension of Time to Produce Remaining Responsive Records by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Text of Proposed Order)(D'Ottavio, Kari) (Entered: 12/14/2017)
13 RESPONSE re 12 MOTION for Extension of Time to Produce Remaining Responsive Records filed by AMERICAN−ARAB ANTI−DISCRIMINATION COMMITTEE. (Free, R.) (Entered: 12/14/2017)
MINUTE ORDER granting 12 Defendant's Motion for Extension of Time. It is hereby ORDERED that Defendant shall produce all remaining non−exempt responsive records to Plaintiff by January 5, 2018. It is further ORDERED that the following briefing schedule will then apply, if necessary: Defendant's motion for summary judgment shall be due by February 5, 2018; Plaintiff's combined opposition and cross−motion for summary judgment shall be due by March 8, 2018; Defendant's combined reply and opposition shall be due by April 5, 2018; and Plaintiff's reply shall be due by April 19, 2018. Signed by Judge Christopher R. Cooper on 12/15/2017. (lccrc2) (Entered: 12/15/2017)
Set/Reset Deadlines: Remaining non−exempt responsive records to Plaintiff due by 1/5/2018. Summary Judgment motions due by 3/8/2018. Response to Motion for Summary Judgment due by 4/5/2018. Reply to Motion for Summary Judgment due by 4/19/2018. Plaintiff's Replies due by 4/19/2018. (lsj) (Entered: 12/15/2017)
14 Unopposed MOTION for Extension of Time to Commence Cross−Summary Judgment Briefing by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Text of Proposed Order)(D'Ottavio, Kari) (Entered: 02/02/2018)
MINUTE ORDER granting 14 Defendant's Motion for Extension of Time. The following briefing schedule shall now apply: Defendant's motion for summary

02/06/2018 02/19/2018 03/22/2018 03/23/2018
04/26/2018 04/27/2018 04/27/2018 04/30/2018 05/03/2018
05/04/2018 05/11/2018 05/11/2018
05/11/2018 07/11/2018

judgment shall be due by February 19, 2018; Plaintiff's combined opposition and cross−motion for summary judgment shall be due by March 22, 2018; Defendant's combined opposition and reply shall be due by April 19, 2018; and Plaintiff's reply shall be due by May 3, 2018. Signed by Judge Christopher R. Cooper on 2/5/2018. (lccrc2) (Entered: 02/05/2018)
Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/22/2018. Reply to Motion for Summary Judgment due by 4/19/2018. Plaintiff's Replies due by 5/3/2018. (lsj) (Entered: 02/06/2018)
15 STRICKEN PURSUAN TO MINUTE ORDER MOTION OF 5/11/18. . . . . for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(D'Ottavio, Kari) Modified on 5/14/2018 (td). (Entered: 02/19/2018)
16 Unopposed MOTION to Stay Briefing Deadlines by AMERICAN−ARAB ANTI−DISCRIMINATION COMMITTEE (Attachments: # 1 Text of Proposed Order)(Free, R.) (Entered: 03/22/2018)
MINUTE ORDER granting 16 Plaintiff's Motion to Stay. The briefing schedule will be stayed for thirty days to allow the parties to pursue discussions to narrow, if not eliminate, the issues in this case. The current schedule will resume upon expiration of the stay. Signed by Judge Christopher R. Cooper on 3/23/2018. (lccrc2) (Entered: 03/23/2018)
17 Unopposed MOTION to Stay Briefing Schedules an Additional 30 Days by AMERICAN−ARAB ANTI−DISCRIMINATION COMMITTEE (Attachments: # 1 Text of Proposed Order Extending Stay)(Free, R.) (Entered: 04/26/2018)
MINUTE ORDER: The parties are directed to appear for a telephonic conference on May 1, 2018 at 11:00 AM. Signed by Judge Christopher R. Cooper on 4/27/2018. (lccrc2) (Entered: 04/27/2018)
Set/Reset Hearings: Telephone Conference set for 5/1/2018 at 11:00 AM in Chambers before Judge Christopher R. Cooper. (lsj) (Entered: 04/27/2018)
MINUTE ORDER: In consideration of a scheduling conflict, the Telephone Conference set for 5/1/2018 is hereby vacated and reset for 5/3/2018 at 2:00 PM in Courtroom 27A before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 4/30/18. (lsj) (Entered: 04/30/2018)
MINUTE ORDER: As discussed during today's telephonic conference, the parties are directed to meet and confer regarding a further search of CPB's vetting office for potentially responsive records and to submit a joint status report by May 10, 2018 notifying the Court whether the agency has agreed to conduct any further search of that office and, if so, the scope and anticipated duration of the search. The parties are also encouraged to attempt to resolve the five specific withholdings plaintiff indicated it intended to challenge and to report on that issue in the joint status report as well. Signed by Judge Christopher R. Cooper on 5/2/2018. (lccrc2) (Entered: 05/03/2018)
Set/Reset Deadlines: Status Report due by 5/10/2018 (lsj) (Entered: 05/04/2018)
18 Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (D'Ottavio, Kari) (Entered: 05/11/2018)
MINUTE ORDER: In light of 18 the parties' joint status report, the Court will strike 15 Defendant's pending motion for summary judgment, subject to re−filing if necessary once the additional search and production are completed. The parties are directed to file a status report updating the Court on the status of the additional search and production by July 11, 2018. Signed by Judge Christopher R. Cooper on 5/11/2018. (lccrc2) (Entered: 05/11/2018)
Set/Reset Deadlines: Status Report due by 7/11/2018 (lsj) (Entered: 05/11/2018)
19 Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (D'Ottavio, Kari) (Entered: 07/11/2018)

07/13/2018
07/13/2018 08/10/2018 08/13/2018
08/13/2018 09/07/2018 09/10/2018
09/10/2018 10/09/2018 10/09/2018 10/09/2018 10/10/2018
10/10/2018 11/08/2018 01/09/2019 01/09/2019
01/28/2019 02/01/2019

MINUTE ORDER: In light of 19 the parties' joint status report, the parties shall file a further joint status report by August 10, 2018 updating the Court on the status of production and proposing a further schedule for production and, if necessary, briefing. Signed by Judge Christopher R. Cooper on 7/13/2018. (lccrc2) (Entered: 07/13/2018)
Set/Reset Deadlines: Joint Status Report due by 8/10/2018 (lsj) (Entered: 07/13/2018)
20 Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (D'Ottavio, Kari) (Entered: 08/10/2018)
MINUTE ORDER: In light of 20 the parties' joint status report, the parties are directed to file a further joint status report by September 7, 2018 updating the Court on the status of production and proposing a further schedule for production or briefing as necessary. Signed by Judge Christopher R. Cooper on 8/13/2018. (lccrc2) (Entered: 08/13/2018)
Set/Reset Deadlines: Joint Status Report due by 9/7/2018 (zlsj) (Entered: 08/13/2018)
21 Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (D'Ottavio, Kari) (Entered: 09/07/2018)
MINUTE ORDER: In light of the parties' 21 September 7, 2018 joint status report, the parties shall file a joint status report on or before October 9, 2018, updating the Court on the status of production and proposing a briefing schedule if necessary. Signed by Judge Christopher R. Cooper on 9/10/2018. (lccrc2) (Entered: 09/10/2018)
Set/Reset Deadlines: Joint Status Report due by 10/9/2018. (znbn) (Entered: 09/10/2018)
22 NOTICE of Change of Address by Kari E. D'Ottavio (D'Ottavio, Kari) (Entered: 10/09/2018)
23 NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. CUSTOMS AND BORDER PROTECTION. Attorney Chetan A. Patil terminated. (Patil, Chetan) (Entered: 10/09/2018)
24 Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (D'Ottavio, Kari) (Entered: 10/09/2018)
MINUTE ORDER: In light of the parties' 24 joint status report, the following briefing schedule shall apply: Defendant's motion for summary judgment shall be due November 8, 2018; Plaintiff's combined opposition and cross−motion for summary judgment shall be due December 10, 2018; Defendant's combined reply and opposition shall be due January 9, 2019; and Plaintiff's reply shall be due January 23, 2019. Signed by Judge Christopher R. Cooper on 10/10/2018. (lccrc2) (Entered: 10/10/2018)
Set/Reset Deadlines: Summary Judgment motions due by 11/8/2018. Response to Motion for Summary Judgment due by 12/10/2018. Reply to Motion for Summary Judgment due by 1/9/2019. Replies due by 1/23/2019. (znbn) (Entered: 10/11/2018)
25 MOTION for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(D'Ottavio, Kari) (Entered: 11/08/2018)
26 Unopposed MOTION to Stay Jan. 9, 2019 reply brief deadline by U.S. CUSTOMS AND BORDER PROTECTION (D'Ottavio, Kari) (Entered: 01/09/2019)
MINUTE ORDER granting 26 Defendant's Motion to Stay. The Defendant's deadline to file a reply, currently set for January 9, 2019, shall be stayed pending renewed funding. Signed by Judge Christopher R. Cooper on 1/9/2019. (lccrc2) (Entered: 01/09/2019)
27 NOTICE of Restoration of Appropriations by U.S. CUSTOMS AND BORDER PROTECTION (D'Ottavio, Kari) (Entered: 01/28/2019)
MINUTE ORDER: In light of the restoration of appropriations, the stay in this case is lifted. The parties shall provide a joint status report on or before February 4, 2019, which shall include a proposed schedule for future proceedings. Signed by Judge Christopher R. Cooper on 2/1/2019. (lccrc2) (Entered: 02/01/2019)

02/01/2019 02/01/2019
02/05/2019 02/15/2019 02/15/2019
02/19/2019 03/01/2019 03/05/2019
03/06/2019 03/21/2019 03/21/2019 03/22/2019
03/22/2019 04/26/2019 04/26/2019
04/26/2019 06/04/2019 06/05/2019
06/06/2019 07/05/2019 07/05/2019

28 Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (D'Ottavio, Kari) (Entered: 02/01/2019)
MINUTE ORDER: In light of the parties' 28 joint status report, the parties shall file an updated joint status report on or before February 15, 2019 to update the Court on the parties' anticipated course of action with respect to attorneys' fees. Signed by Judge Christopher R. Cooper on 2/1/2019. (lccrc2) (Entered: 02/01/2019)
Set/Reset Deadlines: Joint Status Report due by 2/15/2019 (lsj) (Entered: 02/05/2019)
29 Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (D'Ottavio, Kari) (Entered: 02/15/2019)
MINUTE ORDER: In light of 29 the parties' joint status report, the parties shall file an updated joint status report, including a proposed plan for resolution of any unresolved issue with respect to attorneys' fees, on or before March 1, 2019. Signed by Judge Christopher R. Cooper on 2/15/2019. (lccrc2) (Entered: 02/15/2019)
Set/Reset Deadlines: Joint Status Report due by 3/1/2019 (lsj) (Entered: 02/19/2019)
30 Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (D'Ottavio, Kari) (Entered: 03/01/2019)
MINUTE ORDER: The parties shall file an updated joint status report on or before March 22, 2019, updating the Court on the parties' anticipated course of action with respect to attorneys' fees. Signed by Judge Christopher R. Cooper on 3/5/2019. (lccrc2) (Entered: 03/05/2019)
Set/Reset Deadlines: Joint Status Report due by 3/22/2019 (lsj) (Entered: 03/06/2019)
31 NOTICE of Appearance by Michael Leon Drezner on behalf of U.S. CUSTOMS AND BORDER PROTECTION (Drezner, Michael) (Entered: 03/21/2019)
32 Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Drezner, Michael) (Entered: 03/21/2019)
MINUTE ORDER: In light of 32 the parties' joint status report, the parties shall file an updated joint status report on or before April 26, 2019, apprising the Court on the status of discussions regarding attorneys' fees and whether any briefing will be necessary. Signed by Judge Christopher R. Cooper on 3/22/2019. (lccrc2) (Entered: 03/22/2019)
Set/Reset Deadlines: Joint Status Report due by 4/26/2019 (lsj) (Entered: 03/22/2019)
33 Joint STATUS REPORT by AMERICAN−ARAB ANTI−DISCRIMINATION COMMITTEE. (Free, R.) (Entered: 04/26/2019)
MINUTE ORDER: In light of the parties' most recent joint status report, the parties shall file an updated joint status report on or before June 7, 2019, which shall state whether the parties have reached a settlement as to attorneys' fees or indicate whether briefing or dismissal is warranted. Should briefing be necessary, the parties shall propose a briefing schedule. Signed by Judge Christopher R. Cooper on 4/26/2019. (lccrc2) (Entered: 04/26/2019)
Set/Reset Deadlines: Joint Status Report due by 6/7/2019 (lsj) (Entered: 04/26/2019)
34 Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Drezner, Michael) (Entered: 06/04/2019)
MINUTE ORDER: In light of the parties' most recent joint status report, the parties shall file an updated joint status report on or before July 5, 2019. Signed by Judge Christopher R. Cooper on 6/5/2019. (lccrc2) (Entered: 06/05/2019)
Set/Reset Deadlines: Joint Status Report due by 7/5/2019 (lsj) (Entered: 06/06/2019)
35 Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Drezner, Michael) (Entered: 07/05/2019)
Set/Reset Deadlines: Joint Status Report due by 7/26/2019. (znbn) (Entered: 07/08/2019)

07/07/2019 07/26/2019 07/26/2019

MINUTE ORDER: The parties shall file an updated joint status report on or before July 26, 2019. Signed by Judge Christopher R. Cooper on 7/7/2019. (lccrc2) (Entered: 07/07/2019)
36 NOTICE of Voluntary Dismissal by AMERICAN−ARAB ANTI−DISCRIMINATION COMMITTEE (Attachments: # 1 Text of Proposed Order Dismissing Action)(Free, R.) (Entered: 07/26/2019)
37 ORDER dismissing the case. See full Order for details. Signed by Judge Christopher R. Cooper on 7/26/2019. (lccrc2) (Entered: 07/26/2019)

Output:
On April 18, 2017, the American-Arab Anti-Discrimination Council filed this lawsuit in the U.S. District Court for the District of Columbia, seeking for the court to compel United States Customs and Border Patrol to comply with a Freedom of Information Act request.  The plaintiffs sought records of CBP action revoking, suspending, or terminating participation int he Global Entry System for certain Arab and Muslim U.S. Citizens and Lawful Permanent Residents.

The court ordered joint status updates.  In March 2019, the parties informed the court that they had resolved the records production dispute.  In July 2019, they informed the court that they had reached an agreement regarding attorneys’ fees and costs, and requesting that the case be dismissed.  The court dismissed the case on July 26, 2019.