Case details

Court: nysd
Docket #: 1:11-cv-00001
Case Name: Cason v. Central Intelligence Agency
PACER case #: 373411
Date filed: 2011-01-03
Date terminated: 2012-03-29
Assigned to: Judge Deborah A. Batts
Referred to: Magistrate Judge Debra C. Freeman
Case Cause: 05:552(a) Complaint in the Nature of Mandamus
Nature of Suit: 895 Freedom of Information Act
Jury Demand: Plaintiff
Jurisdiction: U.S. Government Defendant

Parties

Represented Party Attorney & Contact Info
Harry T. Cason
Plaintiff
 
Daniel E. Clifton
Lewis, Clifton & Nikolaidis, P.C.
350 Seventh Avenue
Ste. 401
New York, NY 10001
(212) 419-1500
Fax: (212) 419-1510
Email: dclifton@lcnlaw.com
ATTORNEY TO BE NOTICED

Michael T Kirkpatrick
Public Citizen Litigation Group
1600 20th Street Nw
Washington, DC 20009
(202)-588-1000
Fax: (202)-588-7795
Email: mkirkpatrick@citizen.org
PRO HAC VICE
ATTORNEY TO BE NOTICED

Michael Henry Page
Durie Tangri LLP
217 Leidesdorff Street
San Francisco, CA 94111
(415)-362-6666
Fax: (415)-236-6300
Email: mpage@durietangri.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Central Intelligence Agency
Defendant
 
Christopher Blake Harwood
United States Attorney's Office
Southern District Of New York
86 Chambers Street, Third Floor
New York, NY 10007
(212) 637-2728
Fax: (212) 637-2786
Email: christopher.harwood@usdoj.gov

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-01-03 1 0 COMPLAINT against Central Intelligence Agency. (Filing Fee $ 350.00, Receipt Number 924826)Document filed by Harry T. Cason.(rdz) (Entered: 01/04/2011)
2011-02-02 2 0 SUMMONS RETURNED EXECUTED Summons and Complaint served. Central Intelligence Agency served on 1/12/2011, answer due 3/14/2011. Service was made by certified mail. Document filed by Harry T. Cason. (mro) (Entered: 02/03/2011)
2011-02-14 3 0 ORDER: Now before the Court is an Order to Show Cause for Preliminary Injunction and Temporary Restraining Order brought by Pro Se Plaintiff on 2/14/2011 and which is attached hereto. In bringing his Order to Show Cause, Pro Se Plaintiff seeks to restrain Defendant from suspending his intra-agency administrative appeal, brought under the Freedom of Information Act, during the pendency of this action. Pro Se Plaintiff's Order to Show Cause is DENIED as without merit. See 32 C.F.R. 1900.42(c) ([N]o appeal [seeking CIA records under the Freedom of Information Act] shall be accepted if the information in question... is the subject of pending litigation in the federal courts."). (Signed by Judge Deborah A. Batts on 2/14/2011) (ab) (Entered: 02/14/2011)
2011-02-14 4 0 ANSWER to Complaint. Document filed by Central Intelligence Agency.(mro) (Entered: 02/15/2011)
2011-02-16 5 0 ORDER: Harry T. Cason, you are the pro se Plaintiff in the above captioned case, which has been assigned to this Court for all purposes. All correspondence relating to this case should be directed to the Pro Se Office, U.S. Courthouse, 500 Pearl Street, New York, New York 10007-1312. No correspondence shall be sent directly to the Court. You shall review the Federal Rules of Civil Procedure. While this action is pending, it is the responsibility of the pro se Plaintiff immediately to inform the Court, through the Pro Se Office, of any changes of address. In a separate order, the Court will be referring this action to Magistrate Judge Debra C. Freeman for general pretrial and a report and recommendation for any dispositive motions that may be filed. So Ordered (Signed by Judge Deborah A. Batts on 2/16/2011) (js) (Entered: 02/16/2011)
2011-02-16 6 0 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General pretrial(includes scheduling, discovery non-dispositive pretrial motions, and settlement) Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Deborah A. Batts on 2/16/2011) (js) (Entered: 02/16/2011)
2011-02-17 7 0 AFFIRMATION of Harry T. Cason. Document filed by Harry T. Cason. (mro) (Entered: 02/22/2011)
2011-02-17 8 0 UNSIGNED ORDER TO SHOW CAUSE filed by Harry T. Cason. (mro) (Entered: 02/22/2011)
2011-03-03 9 0 SCHEDULING ORDER: Initial Status Conference set for 3/23/2011 at 10:30 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman. If Plaintiff needs assistance in understanding any of the procedural rules of this Court, or any aspect of this Order, Plaintiff is encouraged to contact the Court's Pro Se Office, 500 Pearl Street, Room 230, New York, New York 10007. The telephone number for the Pro Se Office is (212) 805-0175. (Signed by Magistrate Judge Debra C. Freeman on 3/2/2011) Copies Mailed By Chambers. (jpo) (Entered: 03/03/2011)
2011-03-17 10 0 NOTICE OF APPEARANCE by Daniel E. Clifton on behalf of Harry T. Cason (Clifton, Daniel) (Entered: 03/17/2011)
2011-03-23 11 0 ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Daniel E. Clifton, Christopher B. Harwood dated 3/22/2011 re: The parties' counsel have agreed to the following briefing schedule: The CIA will file a motion for summary judgment on or before 4/21/2011. Cason will file an opposition to the CIA's motion for summary judgment and his cross-motion for summary judgment on or before 5/23/2011. The CIA will file its reply/opposition to Cason's motion or before 6/17/2011. Cason will file a reply on or before 7/8/2011. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 3/23/2011) (tro) (Entered: 03/23/2011)
2011-04-12 12 0 MOTION for Michael T. Kirkpatrick to Appear Pro Hac Vice. Document filed by Harry T. Cason.(tro) (Entered: 04/19/2011)
2011-04-12 13 0 MOTION for Michael H. Page to Appear Pro Hac Vice. Document filed by Harry T. Cason.(tro) (Entered: 04/19/2011)
2011-04-19 14 0 ENDORSED LETTER: addressed to Magistrate Judge Debra C. Freeman from Christopher B. Harwood dated 4/19/2011 re: undersigned counsel respectfully requests that: (1) the CIA's deadline to file its motion for summary judgment be extended by one week to Apri1 28, 2011; and (2) the other briefing deadlines also be extended by one week to May 30, 2011, June 24, 2011) and July 15, 2011, respectively. This is the CIA's first request for an extension of any kind in this case. Plaintiff has consented to this request. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Debra C. Freeman on 4/19/11) (js) (Entered: 04/19/2011)
2011-04-28 15 0 MOTION for Summary Judgment. Document filed by Central Intelligence Agency.(mbe) (Entered: 05/02/2011)
2011-04-28 16 0 MEMORANDUM OF LAW in Support re: 15 MOTION for Summary Judgment. Document filed by Central Intelligence Agency. (mbe) (Entered: 05/02/2011)
2011-04-28 17 0 DECLARATION of Karen T. Pratzner. Document filed by Central Intelligence Agency. (mbe) (Entered: 05/02/2011)
2011-05-09 18 0 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 13 Motion for Michael H. Page to Appear Pro Hac Vice for Harry T. Cason. (Signed by Judge Deborah A. Batts on 5/9/11) (jmi) (Entered: 05/10/2011)
2011-05-09 19 0 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 12 Motion for Michael T. Kirkpatrick to Appear Pro Hac Vice for Plaintiff Harry T. Cason. (Signed by Judge Deborah A. Batts on 5/9/11) (jmi) (Entered: 05/10/2011)
2011-05-30 20 0 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Partial Summary Judgment. Document filed by Harry T. Cason. (Attachments: # 1 Supplement Statement of Undisupted Facts, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2)(Page, Michael) Modified on 5/31/2011 (db). (Entered: 05/30/2011)
2011-05-30 21 0 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MEMORANDUM OF LAW in Opposition re: 15 MOTION for Summary Judgment. Document filed by Harry T. Cason. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Page, Michael) Modified on 5/31/2011 (db). (Entered: 05/30/2011)
2011-05-31 22 0 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Partial Summary Judgment. Document filed by Harry T. Cason. (Attachments: # 1 Statement of Undisupted Facts, # 2 Memorandum of Law, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2)(Page, Michael) Modified on 5/31/2011 (db). (Entered: 05/31/2011)
2011-06-08 23 0 FIRST MOTION for Partial Summary Judgment. Document filed by Harry T. Cason.(Page, Michael) (Entered: 06/08/2011)
2011-06-08 24 0 FIRST MEMORANDUM OF LAW in Support re: 23 FIRST MOTION for Partial Summary Judgment.. Document filed by Harry T. Cason. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Page, Michael) (Entered: 06/08/2011)
2011-06-08 25 0 RULE 56.1 STATEMENT. Document filed by Harry T. Cason. (Page, Michael) (Entered: 06/08/2011)
2011-06-24 26 0 ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Christopher B. Harwood dated 6/20/2011 re: Requesting that : (1) the CIA's deadline to file its reply and opposition be extended by six days, to June 30, 2011; and (2) Plaintiff's deadline to file his reply also be extended by six days, to July 21, 2011. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Debra C. Freeman on 6/24/2011) (jpo) (Entered: 06/27/2011)
2011-06-30 27 0 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 15 MOTION for Summary Judgment. Document filed by Central Intelligence Agency. (Attachments: # 1 Supplemental Declaration of Karen Pratzner, # 2 Rule 56.1 Counterstatement)(Harwood, Christopher) Modified on 7/1/2011 (ldi). (Entered: 06/30/2011)
2011-06-30 28 0 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Opposition re: 23 FIRST MOTION for Partial Summary Judgment.. Document filed by Central Intelligence Agency. (Attachments: # 1 Supplemental Declaration of Karen Pratzner, # 2 Rule 56.1 Counterstatement)(Harwood, Christopher) Modified on 7/1/2011 (ldi). (Entered: 06/30/2011)
2011-07-01 29 0 REPLY MEMORANDUM OF LAW in Support re: 15 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Harwood, Christopher) (Entered: 07/01/2011)
2011-07-01 30 0 DECLARATION of Karen T. Pratzner in Support re: 15 MOTION for Summary Judgment.. Document filed by Central Intelligence Agency. (Harwood, Christopher) (Entered: 07/01/2011)
2011-07-01 31 0 REPLY MEMORANDUM OF LAW in Opposition re: 23 FIRST MOTION for Partial Summary Judgment.. Document filed by Central Intelligence Agency. (Harwood, Christopher) (Entered: 07/01/2011)
2011-07-01 32 0 COUNTER STATEMENT TO 25 Rule 56.1 Statement. Document filed by Central Intelligence Agency. (Harwood, Christopher) (Entered: 07/01/2011)
2011-07-01 33 0 DECLARATION of Karen T. Pratzner in Opposition re: 23 FIRST MOTION for Partial Summary Judgment.. Document filed by Central Intelligence Agency. (Harwood, Christopher) (Entered: 07/01/2011)
2011-07-20 34 0 FIRST REPLY MEMORANDUM OF LAW in Support re: 23 FIRST MOTION for Partial Summary Judgment.. Document filed by Harry T. Cason. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Page, Michael) (Entered: 07/20/2011)
2011-10-28 35 0 NOTICE of Withdrawal of Michael H. Page as Counsel for Plaintiff. Document filed by Harry T. Cason. (Kirkpatrick, Michael) (Entered: 10/28/2011)
2012-02-14 36 0 ORDER: In light of the above, Defendant is directed to make a supplemental submission, no later than February 21, 2012, addressing the first two requirements of Executive Order 12,958, as they apply to the redactions to the 1952 Report, and detailing for the Court which specific redactions were made pursuant to which FOIA exemptions. Upon receiving the supplemental submission, this Court will issue a Report and Recommendation concerning the parties' pending motions for summary judgment. (Signed by Magistrate Judge Debra C. Freeman on 2/14/2012) (rdz) Copies Sent by Chambers. Modified on 2/15/2012 (rdz). (Entered: 02/15/2012)
2012-02-21 37 0 NOTICE of Filing of Supplemental Declaration. Document filed by Central Intelligence Agency. (Attachments: # 1 Supplemental Declaration of Elizabeth Anne Culver)(Harwood, Christopher) (Entered: 02/21/2012)
2012-02-28 38 0 REPORT AND RECOMMENDATIONS: For the foregoing reasons, I respectfully recommend granting Defendants motion for summary judgment (Dkt. 15) and denying Plaintiffs motion for partial summary judgment (Dkt. 23). Objections to R&R due by 3/16/2012. (Signed by Magistrate Judge Deborah C. Freeman on 2/28/2012) (djc) Modified on 3/16/2012 (djc). (Entered: 02/29/2012)
2012-03-13 39 0 ENDORSED LETTER addressed to Judge Deborah A Batts from Michael T Kirkpatrick dated 3/12/2012 re: Request to extend time to and including 3/26/2012 to file objections to the Report and Recommendation. ENDORSEMENT: So Ordered. ( Objections to R&R due by 3/26/2012) (Signed by Judge Deborah A. Batts on 3/13/2012) (cd) (Entered: 03/13/2012)
2012-03-26 40 0 OBJECTION to 38 Report and Recommendations Document filed by Harry T. Cason. (Kirkpatrick, Michael) (Entered: 03/26/2012)
2012-03-29 41 0 ORDER: Having conducted the appropriate levels of review of the Report and Recommendation of United States Magistrate Judge Debra C. Freeman dated February 28, 2012, this Court APPROVES, ADOPTS, and RATIFIES the Report in its entirety. Accordingly, Plaintiff's Motion for Partial Summary Judgment (Docket No. 23) is hereby DENIED, and Defendant's Motion for Summary Judgment (Docket No. 15) is hereby GRANTED. The Clerk of Court is directed to close the docket in this case. (Signed by Judge Deborah A. Batts on 3/29/2012) (js) (Entered: 03/29/2012) 2014-01-21 13:03:21 248e72a24bc5a437b271cef85ec1b27ab23b4109
2012-03-29 42 0 CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated March 29, 2012, the Report is adopted in its entirety; Plaintiff's Motion for Partial Summary Judgment is denied, and Defendant's Motion for Summary Judgment is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/29/12) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 03/29/2012)