Case: ACLU v. Clapper

1:13-cv-03994 | U.S. District Court for the Southern District of New York

Filed Date: June 11, 2013

Closed Date: May 14, 2018

Clearinghouse coding complete

Case Summary

On June 11, 2013, the ACLU and the New York Civil Liberties Union filed this lawsuit in the U.S. District Court for the Southern District of New York against the National Security Agency ("NSA"). The organizations served as both plaintiff and counsel, and sought an injunction permanently enjoining the government's mass call-tracking program and requiring the government to purge from its possession all of the plaintiffs' call records already collected, claiming that the NSA's ongoing tracking of…

On June 11, 2013, the ACLU and the New York Civil Liberties Union filed this lawsuit in the U.S. District Court for the Southern District of New York against the National Security Agency ("NSA"). The organizations served as both plaintiff and counsel, and sought an injunction permanently enjoining the government's mass call-tracking program and requiring the government to purge from its possession all of the plaintiffs' call records already collected, claiming that the NSA's ongoing tracking of their phone calls exceeded statutory authority under the Foreign Intelligence Surveillance Act ("FISA") and violated the First and Fourth Amendments. Specifically, the plaintiffs claimed that the NSA's surveillance invaded their privacy, threatened to dissuade potential clients and others from contacting them, and compromised their ability to serve their institutional missions and their clients' interests. The plaintiffs contended that the government's program violated the Fourth Amendment because the surveillance carried out was warrantless and unreasonable, and violated the First Amendment by substantially and unjustifiably burdening the plaintiffs' rights to associate when more narrow methods could have been used to achieve the government's ends.

On August 26, 2013, the plaintiffs moved for a preliminary injunction to (1) bar the government from collecting their call records under the government's mass call-tracking program, (2) require the government to quarantine all of their call records already collected under the program, and (3) prohibit the government from querying metadata obtained through the program using any phone number or other identifier associated with them.

On the same day, the NSA moved to dismiss the plaintiffs' complaint. The NSA contended that the District Court lacked jurisdiction to entertain the plaintiffs' claims, and the plaintiffs failed in any event to state claims on which relief may be granted. Specifically, the NSA claimed that the plaintiffs lacked standing, that Congress impliedly precluded judicial review of the mass call-tracking program, that the program was authorized under the FISA, and that the program did not violate the First and Fourth Amendments.

On December 27, 2013, the District Court denied the ACLU's motion for a preliminary injunction and dismissed the case. 959 F. Supp. 2d 724 (S.D.N.Y. 2013). Judge Pauley found that the ACLU had standing to bring its constitutional challenge even though no statutory cause of action allowed the ACLU to challenge the telephony metadata program as beyond statutory authorization. According to the court, the government's argument that the ACLU had no privacy interest unless someone at NSA actually looked at its telephony metadata went to the merits, not to standing. On the merits, however, Judge Pauley held that the telephony metadata program was lawful, disagreeing with the decision of Judge Leon, in a D.C. District case just 11 days earlier. Judge Pauley found that the U.S. Supreme Court precedent Smith v. Maryland, 442 U.S. 735 (1979), was controlling. Judge Pauley also emphasized the reasonableness and limited nature of the access to and use of the massive telephony metadata collection, as well as its importance in terrorism prevention.

The plaintiffs appealed, and on May 7, 2015, the U.S. Court of Appeals for the Second Circuit reversed the district court's decision. In an opinion by Judge Gerard Lynch, the court found that Section 215 and FISA more generally do not preclude judicial review, and that the bulk telephony metadata program is not authorized by Section 215. 785 F.3d 787 (2d Cir. 2015). Because Section 215 was scheduled to sunset on June 1, however, this Court declined to enjoin the surveillance; writing that it would be "prudent to pause to allow an opportunity for debate in Congress that may (or may not) profoundly alter the legal landscape."

On June 1, the authority that had been granted by Section 215 of the Patriot Act expired after the Senate declined to pass a bill that would have temporarily extended the authority without modification. However, on June 2, President Obama signed into law the USA FREEDOM Act of 2015, Pub. L. 114-23, (2015). The legislation provided that, after a period of 180 days, the government would be permitted to collect particular call detail records (not in bulk) under 50 U.S.C. § 1861, if it met certain "additional requirements," with particularized suspicion, through targeted demands. For an initial 180-day period, however, the legislation left in place--unaltered--the prior Section 215. That same day, the government asked the FISA Court to allow it to continue (or resurrect, since it had expired the day before) the bulk call-records program for that 180 day period. See FISA BR 15-75, NS-DC-0086 in this Clearinghouse. The government argued that Congress's decision to delay by 180 days the imposition of the new requirements relating to the collection of call records constituted an implicit endorsement of bulk collection during that period and reflected a legislative intent to "allow for the orderly termination" of that collection. The government argued, before the FISC, against the Second Circuit's conclusion that the bulk records program was unlawful. On June 29, 2014, a FISC judge agreed and granted the June 2 application.

On July 14, 2014, the plaintiffs returned to the Second Circuit and renewed their request for injunctive relief. They sought a preliminary injunction to (1) bar the government, during the pendency of this suit, from collecting plaintiffs' call records under the NSA's call-records program; (2) require the government, during the pendency of this suit, to quarantine all of the plaintiffs' call records already collected under the program; and (3) prohibit the government, during the pendency of this suit, from querying metadata obtained through the program using any phone number or other identifier associated with them. The plaintiffs also asked the Second Circuit, after the entry of preliminary relief, to remand the case to the district court to adjudicate the plaintiffs' request for a permanent injunction requiring the government to end the program and purge records collected under it.

On October 29, 2015, the Second Circuit denied the plaintiffs' motion for preliminary injunction. The Second Circuit held that Congress intended to authorize the continuation of the bulk telephone metadata collection program for the 180 days before the requirements under 50 U.S.C. § 1861 took effect. As such, the Second Circuit declined to grant the plaintiffs' preliminary injunction, and also declined to rule on any constitutional issues. The case was remanded to the District Court for further proceedings. 804 F.3d 617. On December 4, 2015, the judgment mandate was officially issued.

Following the judgment from the Second Circuit, the parties filed a joint letter on January 7, 2016, stating to the court that the parties wished to wait to come to a resolution in the case until after completion of the proceedings in FISC regarding the government's preservation obligation with records relevant to the plaintiff's claim. The parties requested the court allow them to submit a status report following the FISC decision. The court granted this request on January 19, 2016.

On May 4, 2016, the parties filed another joint letter stating to the court that although FISC had made the decision to not require any further action from the government, Electronic Frontier Foundation had petitioned the NSA to modify their preservation orders to allow for destruction of records collected under the program. The parties stated the government's consideration of the proposal was relevant to this case and requested the parties submit a status request following the governments determination. The court granted permission on May 6, 2016.

There was very little action in the docket throughout the remainder of 2016 through the beginning of 2018. All entries in the docket during this time relate to withdrawals of attorneys from the action. After both parties stipulates to a voluntary dismissal, this case was officially terminated on May 14, 2018. It is now closed.

Summary Authors

Michael Mirdamadi (10/11/2013)

John He (11/4/2015)

Taylor Brook (3/21/2018)

Alex Moody (4/18/2020)

Related Cases

ACLU v. FBI, Southern District of New York (2011)

Perez v. Clapper, Western District of Texas (2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4352289/parties/american-civil-liberties-union-v-clapper/


Judge(s)

Lynch, Gerard E. (New York)

Pauley, William H. III (New York)

Sack, Robert David (New York)

Attorneys(s) for Plaintiff

Abdo, Alex (New York)

Crump, Catherine (New York)

Donohue, Laura (Maryland)

Dunn, Christopher (New York)

Eisenberg, Arthur (New York)

Jaffer, Jameel (New York)

Kaufman, Brett Max (New York)

Judge(s)

Lynch, Gerard E. (New York)

Pauley, William H. III (New York)

Sack, Robert David (New York)

Attorneys(s) for Plaintiff

Abdo, Alex (New York)

Crump, Catherine (New York)

Donohue, Laura (Maryland)

Dunn, Christopher (New York)

Eisenberg, Arthur (New York)

Jaffer, Jameel (New York)

Kaufman, Brett Max (New York)

Toomey, Patrick Christopher (New York)

Attorneys(s) for Defendant

Berman, Marcia (District of Columbia)

Bharara, Preetinder S. (New York)

Clopper, John Dalton (New York)

Coppolino, Anthony J. (District of Columbia)

Dearinger, Bryan (District of Columbia)

Delery, Stuart F. (District of Columbia)

Gilligan, James J (District of Columbia)

Harwood, Christopher Blake (New York)

Hunt, Joseph H. (District of Columbia)

Jones, David S (New York)

La Morte, Tara Marie (New York)

Other Attorney(s)

Chemerinsky, Erwin (California)

Davis, Edward J. (New York)

Feder, Eric Joel (New York)

Frazer, John (Virginia)

Greene, David Allen (California)

Owens, David Benjamin (New York)

Steger, Michael Douglas (New York)

Steinman, Linda Jane (New York)

Expert/Monitor/Master

Felten, Edward W (New Jersey)

German, Michael (District of Columbia)

Documents in the Clearinghouse

Document

1:13-cv-03994

Docket [PACER]

American Civil Liberties Union v. Clapper

May 14, 2018

May 14, 2018

Docket
1

1:13-cv-03994

Complaint

American Civil Liberties Union v. Clapper

June 11, 2013

June 11, 2013

Complaint
27

1:13-cv-03994

Declaration of Professor Edward W. Felten

Aug. 23, 2013

Aug. 23, 2013

Declaration/Affidavit
26

1:13-cv-03994

Memorandum of Law in Support of Plaintiffs' Motion for a Preliminary Injunction

Aug. 26, 2013

Aug. 26, 2013

Pleading / Motion / Brief
32

1:13-cv-03994

Motion to Dismiss

American Civil Liberties Union v. Clapper

Aug. 26, 2013

Aug. 26, 2013

Pleading / Motion / Brief
25

1:13-cv-03994

Motion For Preliminary Injunction

American Civil Liberties Union v. Clapper

Aug. 26, 2013

Aug. 26, 2013

Pleading / Motion / Brief
28

1:13-cv-03994

Declaration of Michael German

Aug. 26, 2013

Aug. 26, 2013

Declaration/Affidavit
33

1:13-cv-03994

Defendant's Memorandum of Law in Support of Motion to Dismiss the Complaint

Aug. 26, 2013

Aug. 26, 2013

Pleading / Motion / Brief
39-2

1:13-cv-03994

Brief of Former Members of the Church Committee and Law Professors as Amicus Curiae Supporting Plaintiff

Aug. 30, 2013

Aug. 30, 2013

Pleading / Motion / Brief
46-1

1:13-cv-03994

Brief Amicus Curiae of Congressman F. James Sensenbrenner, Jr. in Support of Plaintiffs

Sept. 4, 2013

Sept. 4, 2013

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4352289/american-civil-liberties-union-v-clapper/

Last updated Aug. 30, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III. (Filing Fee $ 350.00, Receipt Number 1069477)Document filed by American Civil Liberties Union Foundation, New York Civil Liberties Union Foundation, New York Civil Liberties Union, American Civil Liberties Union.(laq) (jd). (Entered: 06/12/2013)

June 11, 2013

June 11, 2013

RECAP

SUMMONS ISSUED as to Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III. (laq)

June 11, 2013

June 11, 2013

PACER

CASE REFERRED TO Judge William H. Pauley as possibly related to 1:11-cv-7562. (laq)

June 11, 2013

June 11, 2013

PACER

Case Designated ECF. (laq)

June 11, 2013

June 11, 2013

PACER

CASE ACCEPTED AS RELATED. Create association to 1:11-cv-07562-WHP. Notice of Assignment to follow. (pgu)

June 14, 2013

June 14, 2013

PACER
2

NOTICE OF CASE ASSIGNMENT to Judge William H. Pauley, III. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

PACER

Magistrate Judge James L. Cott is so designated. (pgu)

June 14, 2013

June 14, 2013

PACER
3

AFFIDAVIT OF SERVICE. James R. Clapper served on 6/24/2013, answer due 7/15/2013. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; New York Civil Liberties Union Foundation; New York Civil Liberties Union; American Civil Liberties Union. (Jaffer, Jameel) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

RECAP
4

AFFIDAVIT OF SERVICE. Charles T. Hagel served on 6/24/2013, answer due 7/15/2013. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; New York Civil Liberties Union Foundation; New York Civil Liberties Union; American Civil Liberties Union. (Jaffer, Jameel) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

RECAP
5

AFFIDAVIT OF SERVICE. Eric H. Holder served on 6/24/2013, answer due 7/15/2013. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; New York Civil Liberties Union Foundation; New York Civil Liberties Union; American Civil Liberties Union. (Jaffer, Jameel) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

RECAP
6

AFFIDAVIT OF SERVICE. Keith B. Alexander served on 6/24/2013, answer due 7/15/2013. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; New York Civil Liberties Union Foundation; New York Civil Liberties Union; American Civil Liberties Union. (Jaffer, Jameel) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

RECAP
7

AFFIDAVIT OF SERVICE. Robert S. Mueller, III served on 6/24/2013, answer due 7/15/2013. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; New York Civil Liberties Union Foundation; New York Civil Liberties Union; American Civil Liberties Union. (Jaffer, Jameel) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

PACER
8

AFFIDAVIT OF SERVICE of Complaint and Summons served on U.S. Attorney for the Southern District of New York on 06/24/2013. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties Union, New York Civil Liberties Union Foundation. (Jaffer, Jameel) (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

RECAP
9

NOTICE OF APPEARANCE by Tara Marie La Morte on behalf of Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III. (La Morte, Tara) (Entered: 06/26/2013)

June 26, 2013

June 26, 2013

RECAP
10

ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/17/2013 at 02:00 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III, and as further set forth in this document. (Signed by Judge William H. Pauley, III on 6/25/2013) Copies Sent By Chambers. (cd) (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

RECAP
11

SCHEDULING ORDER: This initial pretrial conference scheduled for July 17, 2013 is rescheduled to July 25, 2013 at 12:00 p.m. (Signed by Judge William H. Pauley, III on 7/3/2013) Copies Sent by Chambers. (mro) (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

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12

ENDORSED LETTER addressed to Judge William H. Pauley, III from Jameel Jaffer dated 7/2/13 re: Counsel writes to request a pre-motion conference to discuss a motion for a preliminary injunction. ENDORSEMENT: Application granted. The Court will hold a pre-motion conference in conjunction with the initial pre-trial conference, which has been rescheduled to July 25, 2013 at 12:00 p.m. ( Pre-Motion Conference set for 7/25/2013 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 7/3/2013) (mro) (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

RECAP
13

ENDORSED LETTER addressed to Judge William H. Pauley, III from David S. Jones dated 7/9/13 re: Counsel writes respectfully with the consent of plaintiffs' counsel to request a one-week extension of defendants' time to respond to plaintiffs' July 2 pre-motion conference letter. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 7/11/2013) (mro) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

RECAP
14

NOTICE OF APPEARANCE by John Dalton Clopper on behalf of Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III. (Clopper, John) (Entered: 07/16/2013)

July 16, 2013

July 16, 2013

PACER
15

NOTICE OF APPEARANCE by David Stuart Jones on behalf of Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III. (Jones, David) (Entered: 07/16/2013)

July 16, 2013

July 16, 2013

PACER
16

ENDORSED LETTER addressed to Judge William H. Pauley, III from David S. Jones dated 7/18/13 re: Counsel writes in response to plaintiffs' July 2 letter requesting that the initial conference now scheduled for July 25 serve as a pre-motion conference in anticipation of a preliminary injunction motion. Defendants request that the same conference also serve as a pre-motion conference for a potential cross-motion to dismiss the complaint. For the reasons herein, counsel requests that defendants' initial briefing on these matters be due no earlier than September 16. ENDORSEMENT: Application granted in part. The July 25 conference will serve as a pre-motion conference for Defendants' anticipated motion to dismiss. The briefing schedule will be discussed at the conference. (Signed by Judge William H. Pauley, III on 7/22/2013) (mro) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

RECAP
17

FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Christopher Blake Harwood on behalf of Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III. (Harwood, Christopher) Modified on 7/24/2013 (db). (Entered: 07/24/2013)

July 24, 2013

July 24, 2013

RECAP

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Christopher Blake Harwood to RE-FILE Document 17 Notice of Appearance. ERROR(S): Document has not been fully secured, items can be changed/altered in real time. (db)

July 24, 2013

July 24, 2013

PACER
18

NOTICE OF APPEARANCE by Christopher Blake Harwood on behalf of Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III. (Harwood, Christopher) (Entered: 07/24/2013)

July 24, 2013

July 24, 2013

RECAP
19

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Laura K. Donohue to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8723410. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties Union, New York Civil Liberties Union Foundation. (Attachments: # 1 Civil Cover Sheet Cover, # 2 Text of Proposed Order Order, # 3 Supplement Certificate of Good Standing)(Donohue, Laura) Modified on 7/25/2013 (bcu). (Entered: 07/25/2013)

1 Civil Cover Sheet Cover

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2 Text of Proposed Order Order

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3 Supplement Certificate of Good Standing

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July 25, 2013

July 25, 2013

RECAP

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 19 MOTION for Laura K. Donohue to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8723410. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing must be issued from the State Court of Virginia not from a State Bar Association. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu)

July 25, 2013

July 25, 2013

PACER
20

SCHEDULING ORDER: Counsel for the parties having appeared for a conference on July 25, 2013, the following schedule is established: 1. Plaintiffs will file a motion for a preliminary injunction and Defendants will file a motion to dismiss by August 26, 2013; 2. Opposition briefs are due September 26, 2013; 3. Third parties may file motions for leave to file amici briefs by October 3, 2013 with their proposed briefs attached; 4. Reply briefs are due October 10, 2013; 5. The Court will hear oral argument on November 1, 2013 at 12:00 p.m; 6. Moving and opposition briefs may be 40 pages in length, reply briefs may be 20 pages. (Signed by Judge William H. Pauley, III on 7/25/2013) Copies Sent by Chambers. (mro) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

RECAP

Set/Reset Hearings: Oral Argument set for 11/1/2013 at 12:00 PM before Judge William H. Pauley III. (mro)

July 26, 2013

July 26, 2013

PACER
21

LETTER addressed to Judge William H. Pauley from David S. Jones dated 7/18/2013 re: Pursuant to the court's order dated June 27, 2013, I write respectfully on behalf of both parties concerning matters covered by Rule 26(f) of the parties' discovery plan. (ama) (Entered: 07/29/2013)

July 26, 2013

July 26, 2013

PACER
22

CORRECTED SCHEDULING ORDER: By letter dated August 2, 2013, the ACLU brought to the Court's attention an error in this Court's July 26, 2013 Scheduling Order. The Court therefore adopts the following corrected schedule: 1. Plaintiffs will file a motion for a preliminary injunction and Defendants will file a motion to dismiss by August 26, 2013; 2. Third parties may file motions for leave to file amici briefs by September 4, 2013 with their proposed briefs attached; 3. Opposition briefs are due September 26, 2013; 4. Reply briefs are due October 10, 2013; 5. The Court will hear oral argument on November 1, 2013 at 12:00 p.m; 6. Moving and opposition briefs may be 40 pages in length, reply briefs may be 20 pages. (Motions due by 9/4/2013. Responses due by 9/26/2013 Replies due by 10/10/2013. Oral Argument set for 11/1/2013 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/8/2013) Copies Sent By Chambers. (mro) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

RECAP
23

SECOND MOTION for Laura Kathleen Donohue to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Former Church Committee Members and Law Professors. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing with the Virginia Bar, # 3 Certificate of Good Standing Virginia Supreme Court)(Donohue, Laura) (Entered: 08/23/2013)

1 Text of Proposed Order

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2 Exhibit Certificate of Good Standing with the Virginia Bar

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3 Certificate of Good Standing Virginia Supreme Court

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Aug. 23, 2013

Aug. 23, 2013

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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 23 SECOND MOTION for Laura Kathleen Donohue to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Aug. 23, 2013

Aug. 23, 2013

PACER
24

MOTION for David Allen Greene to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8816230. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Electronic Frontier Foundation. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Greene, David) (Entered: 08/26/2013)

1 Text of Proposed Order

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2 Certificate of Good Standing

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Aug. 26, 2013

Aug. 26, 2013

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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 24 MOTION for David Allen Greene to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8816230. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Aug. 26, 2013

Aug. 26, 2013

PACER
25

MOTION for Preliminary Injunction. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties Union, New York Civil Liberties Union Foundation. Return Date set for 11/1/2013 at 12:00 PM.(Abdo, Alexander) (Entered: 08/26/2013)

Aug. 26, 2013

Aug. 26, 2013

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26

MEMORANDUM OF LAW in Support re: 25 MOTION for Preliminary Injunction.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties Union, New York Civil Liberties Union Foundation. (Abdo, Alexander) (Entered: 08/26/2013)

Aug. 26, 2013

Aug. 26, 2013

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27

DECLARATION of Prof. Edward Felten in Support re: 25 MOTION for Preliminary Injunction.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties Union, New York Civil Liberties Union Foundation. (Abdo, Alexander) (Entered: 08/26/2013)

Aug. 26, 2013

Aug. 26, 2013

RECAP
28

DECLARATION of Michael German in Support re: 25 MOTION for Preliminary Injunction.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties Union, New York Civil Liberties Union Foundation. (Abdo, Alexander) (Entered: 08/26/2013)

Aug. 26, 2013

Aug. 26, 2013

PACER
29

DECLARATION of Steven Shapiro in Support re: 25 MOTION for Preliminary Injunction.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties Union, New York Civil Liberties Union Foundation. (Abdo, Alexander) (Entered: 08/26/2013)

Aug. 26, 2013

Aug. 26, 2013

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30

DECLARATION of Christopher Dunn in Support re: 25 MOTION for Preliminary Injunction.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties Union, New York Civil Liberties Union Foundation. (Abdo, Alexander) (Entered: 08/26/2013)

Aug. 26, 2013

Aug. 26, 2013

PACER
31

DECLARATION of Patrick Toomey in Support re: 25 MOTION for Preliminary Injunction.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties Union, New York Civil Liberties Union Foundation. (Abdo, Alexander) (Entered: 08/26/2013)

Aug. 26, 2013

Aug. 26, 2013

PACER
32

MOTION to Dismiss. Document filed by Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III. Responses due by 9/26/2013(Jones, David) (Entered: 08/26/2013)

Aug. 26, 2013

Aug. 26, 2013

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33

MEMORANDUM OF LAW in Support re: 32 MOTION to Dismiss.. Document filed by Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Jones, David) (Entered: 08/26/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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Aug. 26, 2013

Aug. 26, 2013

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34

MOTION for John Frazer to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8817400. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Rifle Association of America, Inc.. (Attachments: # 1 Text of Proposed Order Proposed order for admission, # 2 Exhibit Certificate of good standing)(Frazer, John) (Entered: 08/27/2013)

1 Text of Proposed Order Proposed order for admission

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2 Exhibit Certificate of good standing

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Aug. 27, 2013

Aug. 27, 2013

PACER
35

ORDER FOR ADMISSION PRO HAC VICE granting 23 Motion for Laura K. Donohue to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 8/27/2013) (tro) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 34 MOTION for John Frazer to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8817400. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Aug. 27, 2013

Aug. 27, 2013

PACER
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ORDER FOR ADMISSION PRO HAC VICE granting 24 Motion for David A. Greene to Appear Pro Hac Vice. It is hereby Ordered that David A. Greene is admitted pro hac vice to appear for all purposes as counsel for amicus curiae Electronic Frontier Foundation. (Signed by Judge William H. Pauley, III on 8/28/2013) (mro) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

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ORDER FOR ADMISSION PRO HAC VICE granting 34 Motion for John Frazer to Appear Pro Hac Vice. IT IS HEREBY ORDERED that John Frazer is admitted pro hac vice to appear for all purposes as counsel for amicus curiae National Rifle Association of America, Inc. (Signed by Judge William H. Pauley, III on 8/26/2013) (mro) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

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38

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David B. Owens to Appear Pro Hac Vice for amicus curiae Michael P. Lynch. Filing fee $ 200.00, receipt number 0208-8827772. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael P. Lynch. (Attachments: # 1 Text of Proposed Order Proposed Order For Pro Hac Vice Admission, # 2 Exhibit Certificate of Good Standing (California), # 3 Exhibit Certificate of Good Standing (Illinois))(Owens, David) Modified on 8/29/2013 (bcu). (Entered: 08/29/2013)

1 Text of Proposed Order Proposed Order For Pro Hac Vice Admission

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2 Exhibit Certificate of Good Standing (California)

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3 Exhibit Certificate of Good Standing (Illinois)

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Aug. 29, 2013

Aug. 29, 2013

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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 38 MOTION for David B. Owens to Appear Pro Hac Vice for amicus curiae Michael P. Lynch. Filing fee $ 200.00, receipt number 0208-8827772. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing must be issued from the Supreme Court of California not from a State Bar Association. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu)

Aug. 29, 2013

Aug. 29, 2013

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39

FIRST MOTION for Leave to File Motion for Leave to File Amicus Brief. Document filed by Former Church Committee Members and Law Professors. Return Date set for 8/30/2013 at 12:26 PM. (Attachments: # 1 Supplement Certificate of Service, # 2 Exhibit Amicus Brief)(Donohue, Laura) (Entered: 08/30/2013)

1 Supplement Certificate of Service

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2 Exhibit Amicus Brief

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Aug. 30, 2013

Aug. 30, 2013

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40

AMENDED MOTION for David B. Owens to Appear Pro Hac Vice on behalf of Michael P. Lynch (amicus curiae). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael P. Lynch. (Attachments: # 1 Exhibit Certificate of Good Standing (California), # 2 Exhibit Certificate of Good Standing (Illinois), # 3 Text of Proposed Order)(Owens, David) (Entered: 09/03/2013)

1 Exhibit Certificate of Good Standing (California)

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2 Exhibit Certificate of Good Standing (Illinois)

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3 Text of Proposed Order

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Sept. 3, 2013

Sept. 3, 2013

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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 40 AMENDED MOTION for David B. Owens to Appear Pro Hac Vice on behalf of Michael P. Lynch (amicus curiae). Motion and supporting papers to be reviewed by Clerk's Office staff.AMENDED MOTION for David B. Owens to Appear Pro Hac Vice on behalf of Michael P. Lynch (amicus curiae). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Sept. 3, 2013

Sept. 3, 2013

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41

ORDER FOR ADMISSION PRO HAC VICE granting 40 Motion for David B. Owens to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 9/4/2013) (lmb) (Entered: 09/04/2013)

Sept. 4, 2013

Sept. 4, 2013

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42

MOTION for Leave to File Amicus Brief. Document filed by Reporters Committee for Freedom of the Press. (Attachments: # 1 Proposed brief, # 2 Appendix Apprendix A, # 3 Appendix Appendix B)(Steger, Michael) (Entered: 09/04/2013)

1 Proposed brief

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2 Appendix Apprendix A

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3 Appendix Appendix B

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Sept. 4, 2013

Sept. 4, 2013

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43

MOTION for David Allen Greene to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by F. James Sensenbrenner. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Greene, David) (Entered: 09/04/2013)

1 Text of Proposed Order

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2 Certificate of Good Standing

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Sept. 4, 2013

Sept. 4, 2013

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44

MOTION for Leave to File Amicus brief. Document filed by National Rifle Association of America, Inc.. (Attachments: # 1 Exhibit Amicus brief)(Frazer, John) (Entered: 09/04/2013)

1 Exhibit Amicus brief

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Sept. 4, 2013

Sept. 4, 2013

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45

MOTION for Leave to File Amicus Brief by Professor of Philosophy, Michael P. Lynch. Document filed by Michael P. Lynch. (Attachments: # 1 Proposed Brief)(Owens, David) (Entered: 09/04/2013)

1 Proposed Brief

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Sept. 4, 2013

Sept. 4, 2013

PACER
46

MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiffs. Document filed by F. James Sensenbrenner. (Attachments: # 1 Exhibit A (Amicus Brief), # 2 Text of Proposed Order)(Greene, David) (Entered: 09/04/2013)

1 Exhibit A (Amicus Brief)

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2 Text of Proposed Order

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Sept. 4, 2013

Sept. 4, 2013

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47

MOTION for Leave to File Motion of Non-Party PEN American Center for Leave to File Brief as Amicus Curiae in support of Plaintiffs. Document filed by Pen American Center. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Exhibit Certificate of Service)(Davis, Edward) (Entered: 09/04/2013)

1 Exhibit Proposed Amicus Brief

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2 Exhibit Certificate of Service

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Sept. 4, 2013

Sept. 4, 2013

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48

NOTICE OF APPEARANCE by Edward J. Davis on behalf of Pen American Center. (Davis, Edward) (Entered: 09/04/2013)

Sept. 4, 2013

Sept. 4, 2013

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49

NOTICE OF APPEARANCE by Linda Jane Steinman on behalf of Pen American Center. (Steinman, Linda) (Entered: 09/04/2013)

Sept. 4, 2013

Sept. 4, 2013

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NOTICE OF APPEARANCE by Eric Joel Feder on behalf of Pen American Center. (Feder, Eric) (Entered: 09/04/2013)

Sept. 4, 2013

Sept. 4, 2013

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 43 MOTION for David Allen Greene to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. MOTION for David Allen Greene to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (bwa)

Sept. 5, 2013

Sept. 5, 2013

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ORDER granting 39 Motion for Leave to File Document; granting 42 Motion for Leave to File Document; granting 44 Motion for Leave to File Document; granting 45 Motion for Leave to File Document; granting 46 Motion for Leave to File Document; granting 47 Motion for Leave to File Document. The motions of amicus curiae Former Members of the Church Committee and Law Professors; The Reporters Committee for Freedom of the Press, et. al.; the National Rifle Association of America, Inc.; Michael P. Lynch; Representative F. James Sensenbrenner, Jr.; and the PEN American Center are granted. Amicus curiae may file their proposed briefs. The Clerk of Court is directed to terminate the motions pending at Docket Nos. 39, 42, 44, 45, 46, and 47. (Signed by Judge William H. Pauley, III on 9/5/2013) (mro) (Entered: 09/05/2013)

Sept. 5, 2013

Sept. 5, 2013

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52

ORDER FOR ADMISSION PRO HAC VICE granting 43 Motion for David A. Greene to Appear Pro Hac Vice. It is hereby Ordered that David A. Greene is admitted pro hac vice to appear for all purposes as counsel for amicus curiae Congressman Jim Sensenbrenner. (Signed by Judge William H. Pauley, III on 9/5/2013) (mro) (Entered: 09/05/2013)

Sept. 5, 2013

Sept. 5, 2013

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53

BRIEF OF AMICUS CURIAE PEN AMERICAN CENTER IN SUPPORT OF PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION AND IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS. Document filed by Pen American Center.(Davis, Edward) (Entered: 09/05/2013)

Sept. 5, 2013

Sept. 5, 2013

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54

BRIEF OF AMICUS CURIAE. Document filed by National Rifle Association of America, Inc..(Frazer, John) (Entered: 09/05/2013)

Sept. 5, 2013

Sept. 5, 2013

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55

BRIEF of Amicus Curiae Professor Michael P. Lynch. Document filed by Michael P. Lynch.(Owens, David) (Entered: 09/05/2013)

Sept. 5, 2013

Sept. 5, 2013

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56

BRIEF Amicus Curiae in Suppport of Plaintiffs. Document filed by F. James Sensenbrenner.(Greene, David) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

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57

LETTER MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss., 25 MOTION for Preliminary Injunction. addressed to Judge William H. Pauley, III from David S. Jones dated September 26, 2013. Document filed by Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III. (Attachments: # 1 Text of Proposed Order Proposed revised scheduling order)(Jones, David) (Entered: 09/26/2013)

1 Text of Proposed Order Proposed revised scheduling order

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Sept. 26, 2013

Sept. 26, 2013

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58

REVISED SCHEDULING ORDER: It is hereby ORDERED that (a) plaintiffs' opposition to defendants' motion to dismiss and defendants' opposition to plaintiffs' motion for a preliminary injunction shall be due on or before October 1, 2013, and (b) plaintiffs' and defendants' reply papers in further support of their respective motions shall be due on or before October 15, 2013. Set Deadlines/Hearing as to 25 MOTION for Preliminary Injunction., 32 MOTION to Dismiss :( Responses due by 10/1/2013, Replies due by 10/15/2013.) (Signed by Judge William H. Pauley, III on 9/27/2013) (mro) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

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59

STANDING ORDER M10-468: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding. (Signed by Judge Loretta A. Preska on 10/1/2013) ***Original Standing Order docketed in case no. 1:13-mc-00334-LAP, document no. 2 on 10/1/2013.***(tro) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

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60

MEMORANDUM OF LAW in Opposition re: 32 MOTION to Dismiss.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties Union, New York Civil Liberties Union Foundation. (Jaffer, Jameel) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

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MEMORANDUM OF LAW in Opposition re: 25 MOTION for Preliminary Injunction.. Document filed by Keith B. Alexander. (Attachments: # 1 Exhibit)(Jones, David) (Entered: 10/01/2013)

1 Exhibit

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Oct. 1, 2013

Oct. 1, 2013

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62

DECLARATION of Robert J. Holley in Opposition re: 25 MOTION for Preliminary Injunction.. Document filed by Keith B. Alexander. (Jones, David) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

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DECLARATION of Teresa H. Shea in Opposition re: 25 MOTION for Preliminary Injunction.. Document filed by Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III. (Jones, David) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

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64

LETTER MOTION for Extension of Time & to Lift Stay addressed to Judge William H. Pauley, III from Jameel Jaffer dated 10/10/13. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties Union, New York Civil Liberties Union Foundation. (Attachments: # 1 Text of Proposed Order)(Jaffer, Jameel) (Entered: 10/10/2013)

1 Text of Proposed Order

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Oct. 10, 2013

Oct. 10, 2013

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65

LETTER RESPONSE in Opposition to Motion addressed to Judge William H. Pauley, III from David S. Jones dated 10/11/2013 re: 64 LETTER MOTION for Extension of Time & to Lift Stay addressed to Judge William H. Pauley, III from Jameel Jaffer dated 10/10/13.. Document filed by Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III. (Jones, David) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

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LETTER RESPONSE to Motion addressed to Judge William H. Pauley, III from David S. Jones dated 10/11/2013 re: 64 LETTER MOTION for Extension of Time & to Lift Stay addressed to Judge William H. Pauley, III from Jameel Jaffer dated 10/10/13. Corrected version of dkt no 65, correcting nonsubstantive typographical error. Document filed by Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III. (Jones, David) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

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ORDER granting 64 Letter Motion for Extension of Time. Accordingly, the stay is lifted and the Court adopts the following schedule: 1. The parties will file reply briefs on their pending motions on October 25, 2013; 2. This Court will hear oral argument on November 22, 2013 at 10:30 a.m. (Signed by Judge William H. Pauley, III on 10/15/2013) (mro) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

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Set/Reset Deadlines: ( Replies due by 10/25/2013.), Set/Reset Hearings:( Oral Argument set for 11/22/2013 at 10:30 AM before Judge William H. Pauley III.) (mro)

Oct. 15, 2013

Oct. 15, 2013

PACER
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REPLY MEMORANDUM OF LAW in Support re: 25 MOTION for Preliminary Injunction.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties Union, New York Civil Liberties Union Foundation. (Attachments: # 1 Affidavit)(Jaffer, Jameel) (Entered: 10/25/2013)

1 Affidavit

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Oct. 25, 2013

Oct. 25, 2013

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REPLY MEMORANDUM OF LAW in Support re: 32 MOTION to Dismiss.. Document filed by Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III. (Attachments: # 1 Exhibit, # 2 Exhibit)(Jones, David) (Entered: 10/25/2013)

1 Exhibit

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2 Exhibit

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Oct. 25, 2013

Oct. 25, 2013

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LETTER addressed to Judge William H. Pauley, III from Jameel Jaffer dated 10/28/2013 re: Pls.' Reply, Pursuant to Rule III(F). Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties Union, New York Civil Liberties Union Foundation.(Jaffer, Jameel) (Entered: 10/28/2013)

Oct. 28, 2013

Oct. 28, 2013

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LETTER addressed to Judge William H. Pauley, III from David S. Jones dated 10/29/2013 re: listing documents filed in connection with defendants' motion to dismiss. Document filed by Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III.(Jones, David) (Entered: 10/29/2013)

Oct. 29, 2013

Oct. 29, 2013

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72

RESPONSE in Support of Motion re: 32 MOTION to Dismiss., 25 MOTION for Preliminary Injunction. Letter to Court (i) notifying parties of appearance by Assistant Attorney General Stuart F. Delery, and (ii) identifying recently published decisions relevant to pending motions. Document filed by Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III. (Attachments: # 1 Exhibit Ex. B - S.D. Cal. decision)(Jones, David) (Entered: 11/21/2013)

1 Exhibit Ex. B - S.D. Cal. decision

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Nov. 21, 2013

Nov. 21, 2013

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73

TRANSCRIPT of Proceedings re: ARGUMENT held on 11/22/2013 before Judge William H. Pauley, III. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/30/2013. Redacted Transcript Deadline set for 1/9/2014. Release of Transcript Restriction set for 3/10/2014.(Rodriguez, Somari) (Entered: 12/05/2013)

Dec. 5, 2013

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74

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 11/22/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 12/05/2013)

Dec. 5, 2013

Dec. 5, 2013

PACER
75

LETTER addressed to Judge William H. Pauley, III from Jameel Jaffer dated 12/16/2013 re: Notice of Supplemental Authority. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties Union, New York Civil Liberties Union Foundation. (Attachments: # 1 Exhibit Klayman v. Obama (D.D.C. Dec. 16, 2013))(Jaffer, Jameel) (Entered: 12/16/2013)

1 Exhibit Klayman v. Obama (D.D.C. Dec. 16, 2013)

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Dec. 16, 2013

Dec. 16, 2013

PACER
76

MEMORANDUM & ORDER denying 25 Motion for Preliminary Injunction; granting 32 Motion to Dismiss. For all of the reasons herein, the NSA's bulk telephony metadata collection program is lawful. Accordingly, the Government's motion to dismiss the complaint is granted and the ACLU's motion for a preliminary injunction is denied. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 25 and 32 and to mark this case closed. (Signed by Judge William H. Pauley, III on 12/27/2013) (mro) (Main Document 76 replaced on 1/7/2014) (lmb). (Entered: 12/27/2013)

Dec. 27, 2013

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Transmission to Judgments and Orders Clerk. Transmitted re: 76 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss,,,,, to the Judgments and Orders Clerk. (mro)

Dec. 27, 2013

Dec. 27, 2013

PACER
77

CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated December 27, 2013, the Court finds the NSA's bulk telephony metadata collection program is lawful; accordingly, the Governments motion to dismiss the complaint is granted and the ACLU's motion for a preliminary injunction is denied and the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/27/13) (Attachments: # 1 Notice of Right to Appeal)(ml) (Entered: 12/27/2013)

1 Notice of Right to Appeal

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Dec. 27, 2013

Dec. 27, 2013

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80

INTERNET CITATION NOTE: Material from decision with Internet citation re: 76 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss. (fk) (Entered: 06/10/2014)

Dec. 27, 2013

Dec. 27, 2013

PACER
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INTERNET CITATION NOTE: Material from decision with Internet citation re: 76 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss. (fk) (Entered: 06/10/2014)

Dec. 27, 2013

Dec. 27, 2013

PACER
78

NOTICE OF APPEAL from 76 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss,,,, 77 Clerk's Judgment,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties Union, New York Civil Liberties Union Foundation. Filing fee $ 505.00, receipt number 0208-9221894. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Jaffer, Jameel) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 78 Notice of Appeal. (tp)

Jan. 6, 2014

Jan. 6, 2014

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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for 78 Notice of Appeal, filed by New York Civil Liberties Union Foundation, New York Civil Liberties Union, American Civil Liberties Union, American Civil Liberties Union Foundation were transmitted to the U.S. Court of Appeals. (tp)

Jan. 6, 2014

Jan. 6, 2014

PACER
79

NOTICE of FISC order relating to document preservation, and government's intention to comply with FISC orders requiring destruction of certain records. Document filed by Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III. (Attachments: # 1 Exhibit Government motion to FISC regarding preservation, # 2 Exhibit FISC 03 07 2014 order re preservation motion)(Jones, David) (Entered: 03/08/2014)

1 Exhibit Government motion to FISC regarding preservation

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2 Exhibit FISC 03 07 2014 order re preservation motion

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March 8, 2014

March 8, 2014

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82

OPINION of USCA as to 78 Notice of Appeal, filed by New York Civil Liberties Union Foundation, New York Civil Liberties Union, American Civil Liberties Union, American Civil Liberties Union Foundation. USCA Case Number 14-0042-cv. Plaintiffs-appellants American Civil Liberties Union and American Civil Liberties Union Foundation, and New York Civil Liberties Union and New York Civil Liberties Union Foundation, appeal from a decision of the United States District Court for the Southern District of New York (William H. Pauley, III, Judge) granting defendants-appellees' motion to dismiss and denying plaintiffs-appellants' request for a preliminary injunction. The district court held that 215 of the PATRIOT Act impliedly precludes judicial review; that plaintiffs-appellants' statutory claims regarding the scope of 215 would in any event fail on the merits; and that 215 does not violate the Fourth or First Amendments to the United States Constitution. We disagree in part, and hold that 215 and the statutory scheme to which it relates do not preclude judicial review, and that the bulk telephone metadata program is not authorized by 215. We therefore VACATE the judgment of the district court and REMAND for further proceedings consistent with this opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 05/07/2015. (nd) (Entered: 05/07/2015)

May 7, 2015

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Case Details

State / Territory: New York

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act -- Telephony Metadata

Multi-LexSum (in sample)

Key Dates

Filing Date: June 11, 2013

Closing Date: May 14, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Non-profit organizations that engage in public education, lobbying, and pro bono litigation upholding the civil rights and liberties guaranteed by the Constitution.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

National Security Agency (Washington), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Confidentiality

Records Disclosure

Terrorism/Post 9-11 issues