Reporters Committee Litigation

This page provides information on Reporters Committee litigation efforts.

You can also read about the Reporters Committee litigation priorities.

Abelardo de la Espriella v. Daniel Coronell

Branstetter v. Fallin

Daniel Golden & Tracey Locke v. New Jersey Institute of Technology & Clara Williams v. Federal Bureau of Investigation

Illinois v. March

Illinois v. Van Dyke

In re the Application of Reporters Committee for Freedom of the Press for Access to Certain Sealed Court Records (Cartwright)

In the Matter of the Application of Jason Leopold to Unseal Certain Electronic Surveillance Applications and Orders

Jacobsen & Landers v. City of Charlottesville et al.

Khan v. United States Department of Defense et al.

Patrolmen's Benevolent Association v. de Blasio, et al.

Reporters Committee for Freedom of the Press v. Federal Bureau of Investigation and Department of Justice (impersonation of documentary filmmakers)

Reporters Committee for Freedom of the Press v. Federal Bureau of Investigation and United States Department of Justice (impersonation of journalists)

Reporters Committee for Freedom of the Press v. U.S. Customs and Border Protection & U.S. Department of Homeland Security

Reporters Committee for Freedom of the Press v. U.S. Customs and Border Protection & U.S. Department of Homeland Security (CBP 2)

The Reporters Committee for Freedom of the Press & The Associated Press v. Federal Bureau of Investigation & U.S. Department of Justice

Tokar v. United States Department of Justice

WTHR-TV v. Hamilton Southeastern School District

Yanofsky v. United States Department of Commerce

Inactive cases


Abelardo de la Espriella v. Daniel Coronell

Case No. 2018-004993-CA-01 (Fla. 11th Judicial District)

Colombian attorney Abelardo de la Espriella sued reporter Daniel Coronell for defamation by implication following publication of an opinion article detailing facts about Mr. de la Espriella's career.

Documents:

2018-06-12: Complaint


Branstetter v. Fallin

District Court, Oklahoma County - CV 2014-2372

Tulsa World reporter and Enterprise Editor Ziva Branstetter and her newspaper filed suit against the state of Oklahoma seeking access to witness interviews, state officials' email, and other records regarding the botched execution of Clayton Lockett. Reporters Committee for Freedom of the Press Litigation Director Katie Townsend and Oklahoma City attorney Robert D. Nelon of Hall Estill are representing the plaintiffs pro bono.

Documents:

2014-12-22: Petition for Relief

2015-02-09: Motion to Dismiss of Commissioner Thompson and Alternative Motion for Summary Disposition of Legal Issues

2015-02-09: Motion to Dismiss of Governor Fallin and Alternative Motion for Summary Disposition of Legal Issues

2015-03-03: Plaintiffs' Motion for Summary Judgment

2015-03-18: Governor Fallin's Response to Plaintiffs' Motion for Summary Judgment

2015-03-18: Commisioner Thompson's Response to Plaintiffs' Motion for Summary Judgment

2015-03-23: Reply In Support of Plaintiffs' Motion for Summary Judgment

2015-04-20: Order denying Defendants' Motions to Dismiss and Plaintiffs' Motion for Summary Judgment

2015-04-29: Fallin Application to OK Sup. Ct.

2015-04-29: Fallin Brief in Support

2015-04-29: Thompson Application to OK Sup. Ct.

2015-04-29: Thompson Brief in Support

2015-05-15: Response to Petitioners' Application

2015-06-08: Oklahoma Supreme Court order denying applications for original judisdiction

2016-04-28: Order Granting Plaintiffs' Motion for Leave to File First Amended Petition

2016-08-10: Order Granting in Part and Denying in Part Defendants' Motions to Dismiss Plaintiffs' First Amended Petition

2016-10-26: Plaintiffs' Motion for In Camera Review and to Compel the Disclosure of Records Improperly Withheld in Whole or in Part

2016-10-26: Motion to Compel the Governor to Search for and Produce Email Records Maintained on Non-Governmental Email Accounts and/or Servers that are Responsive to Plaintiffs' Open Records Request

2016-11-14: Commissioner Thompson's Response to Plaintiffs' Motion for In Camera Review and To Compel the Disclosure of Records Improperly Withheld in Whole or in Part

2016-11-14: Governor Fallin's Combined Response to Plaintiffs' Motion to Compel the Governor to Search for and Produce Email Records Maintained on Non-Governmental Email Accounts and/or Servers that are Responsive to Plaintiffs' Open Records Request and Motion for In Camera Review and to Compel the Disclosure of Records "Improperly" Withheld in Whole or in Part

2016-12-02: Reply in Support of Plaintiffs' Motion for In Camera Review

2016-12-02: Reply in Support of Plaintiffs' Motion to Compel Search of Non-Governmental Email Accounts

2016-12-22: Oklahoma Attorney General's Office Notice to the Court

2016-12-22: Oklahoma Department of Corrections Notice to the Court

2016-12-22: Order on Plaintiffs' Motion for In Camera Review and to Compel the Disclosure of Records Improperly Withheld in Whole or in Part

2016-12-22: Order Granting in Part and Denying in Part Plaintiffs' Motion to Compel the Governor to Search for and Produce Email Records Maintained on Non-Governmental Email Accounts and/or Servers that are Responsive to Plaintiffs' Open Records Request

2017-01-18: Plaintiffs' Response to Non-Party "Notices" Regarding Plaintiffs' Motion for In Camera Review

2017-02-17: Order as to Motion for In Camera Review and to Compel Disclosure of Records

2018-05-15: Judgement on Motions for Summary Judgment


Daniel Golden & Tracey Locke v. New Jersey Institute of Technology & Clara Williams v. Federal Bureau of Investigation

United States District Court for the District of New Jersey, 2:15-cv-08559-MCA-LDW

Documents:

2015-09-11: Verified Complaint

2015-09-16: Plaintiffs' Brief In Support of Order to Show Cause

2015-11-13: NJIT's Answer to Plaintiffs' Verified Complaint, Affirmative Defenses, Counterclaim, Third-Party Complaint

2015-11-13: NJIT's Brief in Response to Order to Show Cause

2015-11-23: Plaintiffs' Reply to Defendants' Opposition to Order to Show Cause

2015-12-11: FBI's Notice of Removal

2016-02-18: FBI's Counterclaim

2017-11-30: Plaintiff's Brief in Support of Motion for Attorneys' Fees

2017-12-21: NJIT's Brief in Opposition to Plaintiffs' Motion for Attorneys' Fees

2018-01-12: Reply Brief In Support of Plaintiffs' Motion for Attorneys' Fees


Illinois v. March

Circuit Court of Cook County, Ill. 17-CR-09700

The Reporters Committee and a coalition of six news organizations intervened to unseal court records related to the ongoing, high-profile prosecution of three Chicago police officers accused of conspiring to obstruct justice in the investigation of the 2014 shooting death of 17-year-old Laquan McDonald. This media coalition previously intervened to unseal court documents in the related and ongoing prosecution of former Chicago police officer Jason Van Dyke, who is accused of murdering McDonald.

Documents:

2018-07-06: Intervenors' Motion for Intervention, Access to Sealed Court Filings, and Related Relief


Illinois v. Van Dyke

Circuit Court of Cook County, Ill., 17-CR-0428601

The Reporters Committee and a coalition of Illinois news organizations intervened to unseal court records related to the ongoing, high-profile prosecution of Chicago police officer Jason Van Dyke. Van Dyke is charged with murder in the 2014 shooting death of 17-year-old Laquan McDonald.

Documents:

2018-03-06: Intervenors' Motion for Intervention and for Access to Sealed Court Documents

2018-03-06: Intervenors’ Memorandum of Law in Support of Motion for Intervention and for Access to Court Documents

2018-03-08: Order Granting Intervenors Leave to Intervene

2018-04-13: Intervenors’ Third Request for Access To Court File Documents and Other Access-Related Relief

2018-04-13: Intervenors' Consolidated Response to Parties' Objections to Public Disclosure of Court File Documents

2018-04-20: Order Directing Clerk to Prepare and Maintain Public Docket Sheet

2018-04-20: Order Continuing Intervenors' Requests

2018-04-26: Order Releasing Some Documents and Setting Hearing to Consider Remaining Intervenors' Requests

2018-04-27: Docket Sheets Released Pursuant to April 20th Order

2018-04-28: Transcript of Hearing Addressing Intervenors' Request

2018-05-02: Intervenors' Opposition to State's Motion to Close May 4, 2018 Court Hearings

2018-05-04: Order Granting Intervenors' Request to Release Some Documents, Denying Release of Others, and Denying Request to Modify Decorum Order

2018-05-04: Order Closing May 4, 2018 Proceedings

2018-05-11: Motion for Supervisory Order and Movants' Explanatory Suggestions in Support of their Motion for Supervisory Order (filed in Illinois Supreme Court)

2018-05-23: Illinois Supreme Court Corrected Order Granting Intervenors' Motion for Supervisory Order

2018-05-23: Illinois Supreme Court Order Granting Intervenors' Motion for Supervisory Order

2018-05-24: Order Vacating Decorum Order

2018-05-29: Intervenors' Supplemental Motion for Access to Court Filings

2018-06-06: Intervenors' Letter Addressing May 24 Order

2018-06-11: Intervenors’ Reply Memorandum in Support of Their Supplemental Motion for Access to Court Filings

2018-06-12: Intervenors’ Consolidated Response in Opposition to People’s Motions to Seal Lynch Reconsideration Motion and Expert Brief

2018-06-26: State's Motion to Strike Intervenors' Supplemental Motion for Access to Court Filings

2018-06-27: Intervenors' Response to State's Motion to Strike

2018-06-27: Intervenors' Report and Supplemental Motion on Docket Status and Access to Public File Documents

2018-08-07: Motion for Supplemental Supervisory Order and Movants' Explanatory Suggestions in Support of their Motion (filed in Illinois Supreme Court)


In re the Application of Reporters Committee for Freedom of the Press for Access to Certain Sealed Court Records (Cartwright)

17-mc-00142 (D.D.C.)

The Reporters Committee seeks to unseal search warrant and electronic surveillance records related to the closed criminal investigation of retired U.S. Marine Corps general and vice chairman of the Joint Chiefs of Staff, James E. Cartwright. The investigation reportedly centered on communications Cartwright had with two journalists about the use of the Stuxnet virus in a cyberattack against Iran, and the Obama Administration's drone policies. The application specifically seeks court records concerning search warrants under the Stored Communications Act, orders issued under section 2703(d) of the Stored Communications Act, and authorizations to use pen registers or trap and trace devices in connection with the government's investigation.

Documents:

2017-01-23: Memorandum of Points and Authorities - Cartwright

2017-01-23: Application to Unseal - Cartwright

2017-01-23: Proposed Order - Cartwright


In the Matter of the Application of Jason Leopold to Unseal Certain Electronic Surveillance Applications and Orders

1:13-mc-00712-BAH (D.D.C.)

Journalist Jason Leopold and the Reporters Committee for Freedom of the Press ("Petitioners") requested that the District Court for the District of Columbia unseal all court records, including applications, affidavits, and court orders, relating to the government's applications for: (1) court orders filed pursuant to the Pen Register Statute; (2) search warrants issued pursuant to the Stored Communications Act; and (3) court orders filed pursuant to Section 2703(d) of the Stored Communications Act. In response to the litigation, the Clerk of the Court and the U.S. Attorney's Office for the District of Columbia entered in a Memorandum of Understanding agreeing to unseal and provide lists of certain docketing information for PR/TT matters. Petitioners have filed a Motion for Reconsideration of the Court's final order.

Documents:

2017-08-15: Memorandum of Understanding Between Clerk and USAO-DC

2018-03-23: Petitioners' Motion for Reconsideration

2018-04-30: Order and Notice Re: Disclosure of PR/TT Materials, January 1 2017 Through September 30, 2017

2018-04-30: Disclosure of PR/TT Matters from January 1, 2017, Through September 30, 2017


Jacobsen & Landers v. City of Charlottesville et al.

Charlottesville Circuit Court, Case No. CL17-592

Two freelance journalists, Jackson Landers and Natalie Jacobsen, filed three requests for records under the Virginia Freedom of Information Act with the City of Charlottesville, Virginia Department of State Police, and Virginia Office of the Secretary of Public Safety and Homeland Security, seeking records of the operational or safety plans used for the "Unite the Right" rally on August 12, 2017 in Charlottesville, VA. After their requests were denied in their entirety, Landers and Jacobsen filed a Petition for Writ of Mandamus in the Charlottesville Circuit Court.

Documents:

2017-10-31: Petition for Writ of Mandamus

2017-11-06: City of Charlottesville Demurrer

2017-11-07: Department of State Police Demurrer

2017-11-07: Office of the Secretary of Public Safety and Homeland Security Demurrer

2017-11-21: Amended Petition for Writ of Mandamus

2017-12-18: City of Charlottesville Demurrer

2017-12-20: Commonwealth's Response to Amended Petition

2018-01-16: Petitioners' Opposition to Respondents' Demurrers


Khan v. United States Department of Defense et al.

1:18-cv-05334 (S.D.N.Y)

Journalist Azmat Khan submitted Freedom of Information Act (FOIA) requests to the U.S. Central Command (CENTCOM), a component of the Department of Defense, for records related to investigations of alleged civilian casualties resulting from airstrikes in Iraq and Syria as part of Operation Inherent Resolve.

Documents:

2018-06-13: Complaint


Patrolmen's Benevolent Association v. de Blasio, et al.

Supreme Court of the State of New York, County of New York, Index No. 150181/2018

A coalition comprised of the Reporters Committee for Freedom of the Press, Hearst Corporation, The Associated Press, Buzzfeed, Cable News Network, Inc., The Center for Investigative Reporting, Daily News, LP, Dow Jones & Company, Inc., Gannett Co., Inc., Gizmodo Media Group, LLC, New York Public Radio, The New York Times Company, NYP Holdings, Inc., and Spectrum News NY1 sought to intervene in a case brought by the Patrolmen's Benevolent Association of the City of New York ("PBA"). PBA's lawsuit seeks to prevent the release of police body-worn camera (BWC) video.

Documents:

2018-03-01: Notice of Motion to Intervene

2018-03-01: Memorandum of Law in Support of Motion to Intervene

2018-03-01: Proposed Order for Motion to Intervene

2018-03-01: Sullivan Affirmation In Support of Motion to Intervene

2018-03-01: Sullivan Affirmation Exhibit A (Verified Petition/Complaint)

2018-03-01: Sullivan Affirmation Exhibit B (Proposed Verified Answer)

2018-03-01: Sullivan Affirmation Exhibit C (Proposed Memorandum of Law In Opposition to the Petition and to Petitioner's Motion for a Temporary Restraining Order)

2018-03-01: Sullivan Affirmation Exhibit D (Proposed Affirmation of Thomas B. Sullivan)


Reporters Committee for Freedom of the Press v. Federal Bureau of Investigation and Department of Justice (impersonation of documentary filmmakers)

Case No. 1:17-cv-01701 (D.D.C.)

Documents:

2017-08-21: Complaint

2017-09-25: Answer


Reporters Committee for Freedom of the Press v. Federal Bureau of Investigation and United States Department of Justice (impersonation of journalists)

1:18-cv-00345 (D.D.C.)

The Reporters Committee for Freedom of the press filed a lawsuit against the FBI and DOJ to force them to comply with the Freedom of Information Act (FOIA) and release records regarding the FBI's impersonation of journalists, including the Associated Press. This case is related to The Reporters Committee for Freedom of the Press & The Associated Press v. Federal Bureau of Investigation & U.S. Department of Justice, No. 1:15-cv-01392 (D.D.C.).

Documents:

2018-02-14: Complaint

2018-03-23: Answer


Reporters Committee for Freedom of the Press v. U.S. Customs and Border Protection & U.S. Department of Homeland Security

U.S. District Court for the District of Columbia, 1:18-cv-00155

The Reporters Committee for Freedom of the Press filed a lawsuit against CBP and DHS to force them to comply with the Freedom of Information Act (FOIA) and release records regarding the CBP's use of its summons authority in an attempt to "unmask" the users behind the "alternative agency" Twitter account @alt_uscis.

Documents:

2018-01-24: Complaint

2018-01-24: Exhibit A

2018-01-24: Exhibit B

2018-01-24: Exhibit C

2018-01-24: Exhibit D

2018-01-24: Exhibit E

2018-01-24: Exhibit F

2018-01-24: Exhibit G

2018-01-24: Exhibit H

2018-01-24: Exhibit I

2018-01-24: Exhibit J

2018-04-30: CBP Records Production to RCFP Part 2

2018-04-30: CBP Records Production to RCFP Part 3

2018-04-30: CBP Records Production to RCFP Part 4

2018-04-30: CBP Records Production to RCFP Part 1

2018-05-30: CBP Records Production to RCFP Part 6

2018-05-30: CBP Records Production to RCFP Part 5

2018-05-30: CBP Records Production to RCFP Part 7

2018-05-30: CBP Records Production to RCFP Part 8

2018-05-30: CBP Records Production to RCFP Part 9

2018-07-02: CBP Records Production to RCFP Part 10

2018-07-02: CBP Records Production to RCFP Part 11

2018-07-30: CBP Records Production to RCFP Part 12


Reporters Committee for Freedom of the Press v. U.S. Customs and Border Protection & U.S. Department of Homeland Security (CBP 2)

U.S. District Court for the District of Columbia, 1:18-cv-01289

The Reporters Committee for Freedom of the Press filed a lawsuit against CBP and DHS to force them to comply with the Freedom of Information Act (FOIA) and release records regarding the CBP's use of its summons authority in an attempt to "unmask" the users behind the "alternative agency" Twitter account @alt_uscis. This second Complaint was filed to (1) seek the processing notes for the first FOIA request; and (2) seek a subset of records from Categories 4 and 5 of the original FOIA request. RCFP is moving to consolidate this case with Case No. 1:18-cv-00155, also in D.D.C.

Documents:

2018-06-04: Complaint


The Reporters Committee for Freedom of the Press & The Associated Press v. Federal Bureau of Investigation & U.S. Department of Justice

U.S. District Court for the District of Columbia, 1:15-cv-01392

The Reporters Committee for Freedom of the Press and The Associated Press filed a lawsuit against the FBI and DOJ to force them to comply with the Freedom of Information Act (FOIA) and release records regarding the FBI's practice of impersonating members of the news media.

Documents:

2015-08-27: Complaint

2015-10-02: Answer

2016-01-19: Scheduling Order

2016-02-26: FBI Document Production (Part 3 of 5)

2016-02-26: FBI Document Production (Part 2 of 5)

2016-02-26: FBI Document Production (Part 1 of 5)

2016-02-26: FBI Document Production (Part 4 of 5)

2016-02-26: FBI Document Production (Part 5 of 5)

2016-03-28: Government's Motion for Summary Judgment and Memorandum of Law

2016-03-28: Declaration of David M. Hardy

2016-03-28: Defendants' Motion for Summary Judgment

2016-04-25: RCFP & AP Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment and in Support of Plaintiffs' Motion for Summary Judgment

2017-02-23: District Court's Memorandum Opinion

2017-09-01: Appellants' Reply Brief

2017-09-01: Appellants' Opening Brief

2017-09-05: Appellee's Brief

2017-12-15: Court of Appeals for the D.C. Circuit Opinion


Tokar v. United States Department of Justice

Reporters Committee attorneys filed suit on behalf of Dylan Tokar in December 2016 after DOJ refused to provide records in response to a Freedom of Information (FOIA) request seeking records and information related to DOJ’s selection process for corporate compliance monitors in FCPA cases.

These monitors are hired at the expense of corporations who face DOJ scrutiny and are appointed by DOJ to oversee many aspects of the corporation’s foreign activities for a number of years. As a result, these monitorships are lucrative positions for these lawyers and the law firms they work for.

Tokar’s FOIA request seeks information that would show whether DOJ has followed the guidelines it implemented in 2008 to prevent potential or actual conflicts of interest in its appointment of corporate monitors.

Documents:

2016-12-09: Tokar Complaint

2017-07-19: Defendant's Motion for Summary Judgment

2017-07-19: Declaration of Peter C. Sprung

2017-08-23: Plaintiff's Motion for Summary Judgment

2017-08-23: Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment

2017-08-23: Statement of Material Facts

2017-08-23: Declaration of Dylan Tokar

2017-09-27: Combined Reply in Support of Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross Motion

2017-10-25: Reply in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment

2017-10-25: Supplemental Declaration of Dylan Tokar

2018-03-29: Memorandum Opinion


WTHR-TV v. Hamilton Southeastern School District

29D-3-1806-MI-005224 (Hamilton County Superior Court)

Documents:

2018-06-08: Complaint


Yanofsky v. United States Department of Commerce

U.S. District Court for the District of Columbia

Quartz reporter David Yanofsky filed suit against the United States Department of Commerce seeking access to two databases containing information about foreign travel to and from the United States. Reporters Committee for Freedom of the Press attorneys are representing Mr. Yanofsky pro bono.

Documents:

2016-05-19: Complaint

2016-07-16: Defendant's Answer and Affirmative Defenses

2016-09-29: Defendant's Motion for Summary Judgment

2016-10-31: Plaintiff's Memorandum of Law In Opposition to Defendant's MSJ and In Support of Plaintiff's MSJ

2016-11-30: Defendant's Reply Memorandum In Further Support of Defendant's MJS and In Opposition to Plaintiff's MSJ

2016-12-19: Plaintiff's Reply Memorandum of Law In Support of Plaintiff's MSJ

2018-03-18: Memorandum Opinion


Inactive cases:

In re Application of Reporters Committee for Freedom of the Press for Access to Certain Sealed Court Records (Sachtleben)

Ashley v. DOJ

Cole v. City of Los Angeles et al.

Hardy et al. v. Kaszycki & Sons Contractors, Inc. et al.

Huseman v. New York City Department of Education

In re Application of Reporters Committee for Freedom of the Press for Access to Certain Sealed Court Records (Drake)

In re Application of Reporters Committee for Freedom of the Press for Access to Certain Sealed Court Records (Kim)

In re Application of Reporters Committee for Freedom of the Press for Access to Certain Sealed Court Records (Kiriakou)

In re Carlson

In re Reporters Committee for Freedom of the Press, CBS Broadcasting Inc., Sergio Gomez, Daniel Pacheco, and Univision (Giraldo-Serna/Tovar Pupo)

In re Reporters Committee for Freedom of the Press, CBS Broadcasting Inc., Sergio Gomez, Daniel Pacheco, and Univision (Mancuso/Sierra-Ramirez)

Morrison v. CIA

People v. Hincapie

Rozanski v. Camarillo Health Care District & Camarillo Acorn

The Reporters Committee for Freedom of the Press and Stephen G. Bloom v. The Regents of the University of California

The Reporters Committee for Freedom of the Press, ACLU of Missouri, and Christopher McDaniel, v. Missouri Department of Corrections

U.S. v. Petraeus



Documents:


In re Application of Reporters Committee for Freedom of the Press for Access to Certain Sealed Court Records (Sachtleben)

17-mc-8 (S.D. Ind.)

The Reporters Committee seeks to unseal search warrant and electronic surveillance records related to the closed criminal investigation of Donald Sachtleben, a former FBI Special Agent Bomb Technician. Sachtleben pled guilty in 2013 to charges related to his alleged communications with an unnamed reporter about the disruption of a planned suicide bomb attack on a U.S. airline in Yemen and the recovery of a bomb in connection with that plot. The application specifically seeks court records concerning search warrants under the Stored Communications Act, orders issued under section 2703(d) of the Stored Communications Act, and authorizations to use pen registers or trap and trace devices in connection with the government's investigation.

Documents:

2017-02-01: Application to Unseal - Sachtleben

2017-02-01: Memorandum of Points and Authorities - Sachtleben

2017-02-01: Proposed Order - Sachtleben


Ashley v. DOJ

U.S. District Court for the District of Columbia, 1:14-cv-01928-RC

Documents:

2014-11-17: Complaint

2015-05-07: Notice of Voluntary Dismissal


Cole v. City of Los Angeles et al.

Central District of California, Case No. 11-CV-03241-CBM (AJWx)

The Reporters Committee represented freelance journalist Jessica Pishko in her attempt to unseal three Exhibits filed in connection with a motion for summary judgment in the case Cole v. City of Los Angeles et al. Reggie D. Cole, along with fellow plaintiff Obie S. Anthony, III, brought a civil suit against the City of Los Angeles after both were release from prison when their convictions for murder were set aside. The Reporters Committee's representation of Pishko was successful. On February 5, 2016, Judge Consuelo B. Marshall granted Pishko's motion to unseal the three exhibits.

Documents:

2015-12-28: Motion to Intervene and Unseal

2015-12-28: Memo of Points and Authorities in Support of Motion to Intervene and Unseal


Hardy et al. v. Kaszycki & Sons Contractors, Inc. et al.

Second Circuit, 16-3273

The Reporters Committee and Time Inc. moved to unseal documents from the 1999 settlement of a class action lawsuit relating to the construction of Trump Tower. Donald J. Trump and the Trump Organization were among the named defendants in the case. Plaintiffs in the case alleged that undocumented, non-union Polish workers were employed in connection with the demolition of the building previous on the site where Trump Tower now stands and that the business responsible for the demolition failed to make required payments to construction union funds. The case was dismissed in 1999 after a settlement between the parties and at least four documents, including two court orders approving the settlement, were sealed.

Documents:

2016-07-16: RCFP and Time Letter Motion to Unseal

2016-08-12: Letter of Donald J. Trump and the Trump Organization

2016-08-22: RCFP and Time Reply Letter

2016-08-23: Letter from Counsel to Plaintiffs in Hardy

2016-08-26: District Court's Order

2016-09-22: RCFP and Time Notice of Appeal

2016-11-18: RCFP and Time Appellate Brief

2017-02-10: Trump and Trump Organization Response Brief

2017-02-24: RCFP and Time Reply Brief

2017-06-15: Second Circuit Summary Order

2017-06-29: Letter from Plaintiffs Counsel in Hardy to District Court

2017-07-07: District Court Order re: Documents held by Hardy Plaintiffs Counsel

2017-08-22: RCFP and Time Letter Brief to District Court

2017-08-22: Trump and Trump Organization Letter Brief to District Court

2017-11-21: District Court Memorandum & Order on Remand


Huseman v. New York City Department of Education

Supreme Court, County of New York - Index Number 151019-2016

Jessica Huseman, an education reporter at the Columbia Journalism School's Teacher Project, brings suit against the New York City Department of Education seeking records related to complaints received by the DOE, equipment purchase records, and salary information under the New York Freedom of Information Law. Reporters Committee for Freedom of the Press Litigation Director Katie Townsend and New York attorney Patrick Kabat of Levine Sullivan Koch & Schulz, LLP are representing the plaintiff pro bono.

Documents:

2016-02-08: Verified Petition

2016-02-08: Memorandum In Support Of Verified Petition

2016-04-04: Respondent's Verified Answer

2016-04-04: Affirmation of Joseph Baranello in Support of Respondent's Verified Answer

2016-04-04: Respondent's Memorandum of Law in Support of Its Verified Answer

2016-04-12: Reply Memorandum of Law in Support of Petitioner's Verified Article 78 Petition

2016-05-27: Decision of Supreme Court of New York County


In re Application of Reporters Committee for Freedom of the Press for Access to Certain Sealed Court Records (Drake)

17-cv-169 (D. Md.)

The Reporters Committee seeks to unseal search warrant and electronic surveillance records related to the closed criminal investigation of former NSA employee Thomas Andrews Drake. In June 2011, Drake pled guilty to a single charge related to his alleged communications with a journalist reportedly from the Baltimore Sun concerning waste and mismanagement at the NSA. The application specifically seeks court records concerning search warrants under the Stored Communications Act, orders issued under section 2703(d) of the Stored Communications Act, and authorizations to use pen registers or trap and trace devices in connection with the government's investigation.

Documents:

2017-01-23: Application to Unseal

2017-01-23: Memorandum of Points and Authorities

2017-01-23: Proposed Order


In re Application of Reporters Committee for Freedom of the Press for Access to Certain Sealed Court Records (Kim)

16-mc-2183 (D.D.C.)

The Reporters Committee seeks to unseal search warrant and electronic surveillance records related to the closed criminal investigation of Stephen Jin-Woo Kim, a former Senior Advisor to the State Department. Kim pled guilty in 2014 to a charge arising from his alleged communications with Fox News reporter James Rosen in 2009. The application specifically seeks court records concerning search warrants under the Stored Communications Act, orders issued under section 2703(d) of the Stored Communications Act, and authorizations to use pen registers or trap and trace devices in connection with the government's investigation.

Documents:

2016-10-21: PO - Kim

2016-10-21: Memorandum of Points and Authorities - Kim

2016-10-21: Application to Unseal - Kim

2016-11-23: Government Reply

2017-01-03: Notice of Filing by Govt

2017-01-17: Order Denying Case as Moot

2017-01-17: RCFP Notice Consenting to Dismissal


In re Application of Reporters Committee for Freedom of the Press for Access to Certain Sealed Court Records (Kiriakou)

17-mc-2 (E.D.V.A.)

The Reporters Committee seeks to unseal search warrant and electronic surveillance records related to the closed criminal investigation of John C. Kiriakou, a former CIA intelligence officer. Kiriakou pled guilty in 2012 to a charge related to his alleged communications with at least two journalists about a specific CIA and counterterrorism program. The application specifically seeks court records concerning search warrants under the Stored Communications Act, orders issued under section 2703(d) of the Stored Communications Act, and authorizations to use pen registers or trap and trace devices in connection with the government's investigation.

Documents:

2017-02-01: Memorandum of Points and Authorities - Kiriakou

2017-02-01: Application to Unseal - Kiriakou

2017-02-01: Proposed Order - Kiriakou


In re Carlson

No. 14-cv-9244 (N.D. Ill.)

The Reporters Committee and a coalition of historical organizations are seeking to unseal transcripts of witness testimony given before a grand jury in August of 1942 in connection with the government's attempted prosecution of the Chicago Tribune for alleged violations of the Espionage Act. The government's attempted prosecution started after the Tribune ran a front-page story at the height of World War II that some believed revealed a closely guarded military secret: that the Navy had successfully cracked the code used by Japanese forces to encrypt their communications. The District Court in the case ordered the materials unsealed. The government has appealed to the Ninth Circuit.

Documents:

2014-11-18: Petition for release of grand jury testimony

2014-11-18: Memorandum of law in support of Petition

2014-12-24: Government Opposition to Petition

2015-01-09: Reply in support of Petition

2015-06-10: Court decision ordering release of testimony transcripts

2015-12-01: Appellate Brief -- Government

2015-12-21: Appellate Brief -- Reporters Committee

2016-03-05: Reporters Committee Supplemental Brief

2016-12-15: 7th Cir. opinion


In re Reporters Committee for Freedom of the Press, CBS Broadcasting Inc., Sergio Gomez, Daniel Pacheco, and Univision (Giraldo-Serna/Tovar Pupo)

U.S. District Court for the District of Columbia, 15-mc-411

The Reporters Committee, along with a coalition of media organizations and journalists, has filed a petition to unseal documents and proceedings in the criminal prosecutions of Hernan Giraldo-Serna and Rodrigo Tovar Pupo. Giraldo-Serna and Tovar Pupo were Colombian paramilitary leaders in the United Self-Defense Forces of Colombia, or AUC, and were extradited in 2008 to face drug trafficking charges in the United States. The docket sheets for the proceedings against both defendants were sealed in their entirety. CBS Broadcasting Inc., Sergio Gomez, a U.S.-based reporter for El Tiempo, Daniel Pacheco, a U.S. based reporter for Caracol and El Espectador, and Univision have joined the Reporters Committee in this effort to unseal the docket sheets, documents and proceedings in these criminal trials.

Documents:

2015-04-03: Application to Unseal Court Records and for Publication of the Dockets

2015-04-03: Memorandum of Law in Support of Application to Unseal Court Records

2015-04-16: Order Unsealing Case as to Tovar Pupo


In re Reporters Committee for Freedom of the Press, CBS Broadcasting Inc., Sergio Gomez, Daniel Pacheco, and Univision (Mancuso/Sierra-Ramirez)

U.S. District Court for the District of Columbia, 15-mc-410

The Reporters Committee, along with a coalition of media organizations and journalists, has filed a petition to unseal documents and proceedings in the criminal prosecutions of Salvatore Mancuso and Juan Carlos Sierra Ramirez. Mancuso and Sierra Ramirez were Colombian paramilitary leaders in the United Self-Defense Forces of Colombia, or AUC, and were extradited in 2008 to face drug trafficking charges in the United States. Both defendants have pleaded guilty. CBS Broadcasting Inc., Sergio Gomez, a U.S.-based reporter for El Tiempo, Daniel Pacheco, a U.S. based reporter for Caracol and El Espectador, and Univision have joined the Reporters Committee in this effort to unseal documents and proceedings related to the defendants' respective plea agreements and sentencings.

Documents:

2015-04-03: Application to Unseal Court Records

2015-04-03: Memorandum of Law in Support of Application to Unseal Court Records

2015-04-14: Order to Show Cause (Mancuso)

2015-04-14: Order to Show Cause (Sierra-Ramirez)

2015-05-04: Response to OSC (Sierra Ramirez)

2015-05-05: Request for Entry of Proposed Order

2015-05-05: Order Granting Sierra Ramirez Motion to Maintain Seal

2015-05-05: Motion to File out of Time and Maintain Seal (Government)

2015-05-18: Motion to Clarify and/or Amend Order


Morrison v. CIA

U.S. District Court for the District of Columbia, 15-cv-405

Alan Morrison filed a Freedom of Information Act lawsuit against the Central Intelligence Agency for access to records detailing the legal justification for rendition and extraordinary rendition programs conducted by the United States. Attorneys at RCFP are representing Morrison pro bono.

Documents:

2015-03-20: Complaint

2015-05-29: CIA Answer

2015-11-23: Stipulated dismissal

2015-11-24: Order of Dismissal


People v. Hincapie

Supreme Court of the State of New York, Ind. No. 10641/90

William Hughes is a journalist who had been researching and reporting on the story of Johnny Hincapie for eight years. Hincapie was convicted in 1990 of murdering a tourist in a Manhattan subway station and has been incarcerated ever since. As part of the hearings in New York Supreme Court over Hincapie's recent motion to vacate his conviction, the District Attorney issued a subpoena duces tecum to Hughes, asking that he turn over his notes, recordings, and other materials concerning the Hincapie case. The Reporters Committee worked with New York attorney Mike Steger to quash the subpoena, arguing under the New York state shield law that Hughes had an absolute privilege against disclosure of his confidential work product and that he met the requirements for the qualified privilege against disclosure of his nonconfidential work product. Justice Eduardo Padro ultimately quashed most of the subpoena but allowed for limited disclosure of some nonconfidential notes and recordings, holding that the DA had shown that it could overcome the qualified privilege against disclosure for these materials.

Documents:

2015-04-17: Memorandum of Law in Support of Motion to Quash Subpoena Duces Tecum

2015-04-17: Reply to DA Memo in Opposition to Motion to Quash Subpoena

2015-04-17: Justice Padro Opinion on Motion to Quash Subpoena


Rozanski v. Camarillo Health Care District & Camarillo Acorn

Ventura County Superior Court

Jane Rozanski, the former CEO of the Camarillo Health Care District, brought a reverse-California Public Records Act (CPRA) lawsuit against the District to prevent the release of records sought by the Camarillo Acorn in a CPRA request. The District has publicly accused Rozanski of engaging in a secret relationship with the District's attorney, Ralph Ferguson, and paying his false and inflate fee invoices, which resulted in fraudulent payment of over $400,000 in taxpayer funds. The Acorn sought certain voicemails on Rozanski's District-owned cellphones, as well as certain emails between Rozanski and Ferguson in Rozanski's District email account. RCFP attorneys are representing The Acorn, which is participating as the Real Party in Interest in the reverse-CPRA lawsuit.

Documents:

2016-12-02: Declaration and Verified Complaint and Petition for Writ of Mandate

2016-12-08: District Opposition to Preliminary Injunction

2016-12-14: Rozanski Reply ISO Preliminary Injunction

2016-12-16: Acorn Opposition to Preliminary Injunction

2016-12-30: Order Granting Preliminary Injunction

2017-02-06: Amended Verified Complaint and Petition for Writ of Mandate

2017-02-10: Rozanski Opening Brief ISO Petition for Writ of Mandate

2017-02-24: Acorn Opposition to Petition for Writ of Mandate

2017-02-24: District Opposition to Petition for Writ of Mandate

2017-03-03: Rozanski Reply ISO Petition for Writ of Mandate

2017-04-17: District Supplemental Brief Regarding Disclosure of Voicemails and Emails

2017-05-03: Notice of Entry of Judgment


The Reporters Committee for Freedom of the Press and Stephen G. Bloom v. The Regents of the University of California

No. RG14750683 (Superior Court of the State of California for the County of Alameda, filed Dec. 8, 2014)

The Reporters Commitee and Professor Bloom sued the Regents of the University of California after they denied access to historical records dating from the 1940s and 50s. The records are from the Special Crime Study Commission on Organized Crime in California, which was charged with was charged with exploring organized crime in California.

Documents:

2014-12-09: Verified Petition for Writ of Mandate

2014-12-09: Memorandum in Support of Petition

2015-01-08: Regent's Demurrer

2015-02-10: Petitioners' Opposition to Demurrer

2015-02-24: Order overruling Respondent's demurrer


The Reporters Committee for Freedom of the Press, ACLU of Missouri, and Christopher McDaniel, v. Missouri Department of Corrections

Missouri Circuit Court of Cole County, No 14AC-CC00254

The Reporters Committee for Freedom of the Press, the American Civil Liberties Union of Missouri and Chris McDaniel, a St. Louis Public Radio reporter, filed a lawsuit against the Missouri Department of Corrections for violating the Sunshine Law by withholding records regarding the state’s recent executions.

Documents:

2014-05-15: Petition

2014-06-20: DOC Answer

2014-08-19: Motion for Judgment on the Pleadings

2014-08-19: Suggestions in Support of Plaintiffs' Motion for Judgment on the Pleadings

2014-09-11: Defendant's Suggestions in Opposition of Plaintiffs' Motion for Judgment on the Pleadings

2015-07-16: Circuit Court ruling granting Plaintiffs' motion for summary judgment

2016-09-21: Appellants' Brief, Missouri Court of Appeals, Western District

2016-10-21: Brief of Respondents RCFP et al., Missouri Court of Appeals, Western District

2016-11-21: Reply Brief of Appellants., Missouri Court of Appeals, Western District

2017-02-14: Opinion of the Missouri Court of Appeals, Western District

2017-04-12: Respondents' Application for Transfer to the Supreme Court of Missouri

2017-05-30: Application to transfer denied by Missouri Supreme Court


U.S. v. Petraeus

W.Dist. of N.C., Case No. 3:15-cr-00047-RJC-DCK-1

The Reporters Committee and eight news organizations, moved to intervene in the criminal case of retired General and former CIA Director David H. Petraeus, who pleaded guilty to mishandling classified materials, and moved to unseal a sentencing memorandum and letters submitted to the court in support of Gen. David Petraeus. Joining the Reporters Committee are The Associated Press; Bloomberg L.P.; The Charlotte Observer Publishing Co.; Dow Jones & Co., Inc.; First Look Media, Inc.; National Public Radio, Inc.; The New York Times Company; and the Washington Post.

Documents:

2015-04-27: Motion to unseal

2015-04-27: Memorandum in Support of Motion to Unseal

2015-05-04: Petraeus Response to Motion to Unseal

2015-05-04: Further Motion to Unseal by News Media Intervenors

2015-05-14: Petraeus Response to Further Motion to Unseal

2015-05-14: Government Response to Further Motion to Unseal

2015-05-14: Government Response to Motion to Unseal

2015-05-18: Reply by News Media Intervenors

2015-06-08: Order Granting Motion to Unseal

2015-06-08: Defendant's Sentencing Memorandum

2015-06-08: Exhibit to Sentencing Memorandum (Letters)

2015-06-08: Statement of Reasons