American Civil Liberties Union et al v. Department of Defense et al

Filing 39

ORDER granting 32 Motion for Partial Summary Judgment; denying 28 Motion for Summary Judgment. For the reasons set forth in a Memorandum Opinion to be filed separately, the defendants' motions for summary judgment are DENIED and the plaintiffs' cross-motions for summary judgment are GRANTED. The defendants are ORDERED to confirm or deny the existence of records responsive to the plaintiffs' FOIA requests. The parties are further directed to submit, by Nove mber 1, 2020, a schedule for the defendants' compliance with this Order and the further disposition of this case. The Clerk of Court is respectfully directed to terminate the following motions: Docs. 28 and 32 in 17 Civ. 9972, and Docs. 13 and 17 in 20 Civ. 43. (Signed by Judge Edgardo Ramos on 9/29/2020) (mro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ORDER
AMERICAN CIVIL LIBERTIES
UNION and AMERICAN CIVIL
LIBERTIES UNION FOUNDATION,
Plaintiffs,
– against –

17 Civ. 9972 (ER)

DEPARTMENT OF DEFENSE,
DEPARTMENT OF JUSTICE, and
DEPARTMENT OF STATE,
Defendants.
THE NEW YORK TIMES
COMPANY,
Plaintiff,
20 Civ. 43 (ER)

– against –
DEPARTMENT OF DEFENSE,
Defendant.
RAMOS, D.J.:

For the reasons set forth in a Memorandum Opinion to be filed separately, the
defendants’ motions for summary judgment are DENIED and the plaintiffs’ crossmotions for summary judgment are GRANTED. �e defendants are ORDERED to
confirm or deny the existence of records responsive to the plaintiffs’ FOIA requests. �e
parties are further directed to submit, by November 1, 2020, a schedule for the
defendants’ compliance with this Order and the further disposition of this case. �e Clerk

of Court is respectfully directed to terminate the following motions: Docs. 28 and 32 in
17 Civ. 9972, and Docs. 13 and 17 in 20 Civ. 43.
It is SO ORDERED.
Dated:

September 29, 2020
New York, New York
EDGARDO RAMOS, U.S.D.J.

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