Case: Doe v. Ashcroft

1:04-cv-02614 | U.S. District Court for the Southern District of New York

Filed Date: April 6, 2004

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On 04/06/2004, the American Civil Liberties Union (ACLU) and the ACLU Foundation filed suit in U.S. District Court for the Southern District of New York on behalf of a John Doe plaintiff against the United States and the Federal Bureau of Investigation (FBI). Plaintiff was an internet access and consulting corporation that received a National Security Letter (NSL) from the FBI directing it to disclose names, addresses, and records of communications relating to one of its clients. Plaintiff also…

On 04/06/2004, the American Civil Liberties Union (ACLU) and the ACLU Foundation filed suit in U.S. District Court for the Southern District of New York on behalf of a John Doe plaintiff against the United States and the Federal Bureau of Investigation (FBI). Plaintiff was an internet access and consulting corporation that received a National Security Letter (NSL) from the FBI directing it to disclose names, addresses, and records of communications relating to one of its clients. Plaintiff also received a gag order forbidding it from disclosing to anyone that the FBI sought or obtained information. Plaintiff claimed that 18 U.S.C. § 2709, which authorizes issuance of NSLs and attendant gag orders, violates the First, Fourth, and Fifth Amendments. Plaintiff sought an injunction prohibiting the FBI from enforcing the requests in the NSL issued to plaintiff and enjoining the FBI from further use of § 2709.

Many documents in the public docket are redacted pursuant to a May 2004 order. Doe v. Ashcroft, 317 F. Supp. 2d 488 (S.D.N.Y. 2004).

In July 2004, the plaintiff moved for summary judgment, and the United States moved to dismiss the complaint. In September of that year, the District Court (Judge Victor Marrero) granted summary judgment in favor of the plaintiff, finding that § 2709 as applied violated the Fourth Amendment by effectively barring judicial challenge to the NSL request. Additionally, the nondisclosure requirement under § 2709(c) was a violation of the First Amendment as an unjustified prior restraint and content-based restriction on speech. The Court enjoined the United States and the FBI from issuing NSLs and enforcing gag orders under § 2709. Doe v. Ashcroft, 334 F. Supp. 2d 471 (S.D.N.Y. 2004).

Further proceedings were stayed pending the appeal of the United States to the United States Court of Appeals for the Second Circuit. Meanwhile, Congress amended the nondisclosure prohibition under § 2709(c) to require nondisclosure only upon certification by senior FBI officials that certain enumerated harms may occur. 18 U.S.C.A. § 2709(c), as amended in 2008. Congress also provided for judicial review to permit NSL recipients to petition to modify or set aside the NSL. 18 U.S.C.A. § 3511(a).

In May 2006, the Second Circuit vacated the decision of the District Court and remanded the case in light of the amendments. Doe v. Gonzales, 449 F. 3d 415 (2d Cir. 2006). The United States subsequently informed the District Court that it no longer sought to enforce the NSL.

The District Court ruled on cross-motions for summary judgment in September 2007, finding that § 2709(c) and § 3511(b) were facially unconstitutional, notwithstanding the amendments. The District Court found that the nondisclosure requirement violated the First Amendment under a strict scrutiny standard of review. Because it found the various subsections inseverable, the District Court invalidated the entirety of § 2709(c) and § 3511(b). Doe v. Gonzales, 500 F. Supp. 2d 386 (S.D.N.Y. 2007).

The United States again appealed to the Second Circuit. That court construed the newly amended statutes to permit nondisclosure only upon certification and to place the burden on government to demonstrate risk of an enumerated harm upon disclosure. Section 2709(c) and § 3511(b) are unconstitutional to the extent that a District Court must treat the certification as conclusive, and to the extent that they impose a nondisclosure requirement without requiring the government to initiate judicial review of the requirement. Doe v. Mukasey, 549 F.3d 861 (2d Cir. 2009).

Upon remand, in October 2009 the District Court ruled that the United States and the FBI were permitted to enforce the nondisclosure provisions § 2709(c) § 3511(b) as applied to the NSL issued to plaintiff.

The plaintiff moved the District Court for partial reconsideration, and in March 2010, the Court amended its order enforcing nondisclosure. The Court directed the United States to lift the nondisclosure requirement as applied to two categories of information: material that the NSL statute identifies as permissible for the FBI to collect, and material that the FBI has publicly acknowledged it has previously requested by means of NSLs.

The plaintiff appealed to the Second Circuit in May 2010, but later withdrew the appeal. On July 30, 2010, the District Court entered a stipulation and order of dismissal. The FBI stipulated that the John Doe listed on the complaint could disclose his identity and show a redacted version of the letter sent to him demanding information (document NS-NY-0004-0001 in this Clearinghouse). The FBI further stipulated that the ACLU could publish the information on their website (press release NS-NY-0004-0017 in this Clearinghouse). In return, the ACLU agreed to withdraw the appeal pending before the Second Circuit.

On November 10, 2010, the ACLU motioned for attorney's fees pursuant to the Equal Access to Justice Act. After several motions between the parties, the United States stipulated and agreed to pay $225,000 in attorney's fees and litigation costs to the plaintiff.

The court retained jurisdiction over this case for four additional years with no activity on the docket. On April 15, 2014, the Court entered a modified stipulation and order of dismissal. The modified stipulation held that any remaining nondisclosure obligations set forth in 18 U.S.C § 2709 as pertaining to the plaintiff were lifted, except for the redacted information in the initial letter and attachment. This stipulation did not affect Doe's rights to pursue future claims under 18 U.S.C. § 3511(b).

This case is now closed.

Summary Authors

Elizabeth Homan (10/27/2013)

Neil Tiwari (10/25/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5037053/parties/john-doe-v-john-ashcroft/


Judge(s)

Cardamone, Richard J. (New York)

Ginsburg, Ruth Bader (District of Columbia)

Hall, Janet C. (Connecticut)

Marrero, Victor (New York)

McLaughlin, Joseph Michael (New York)

Newman, Jon Ormond (New York)

Parker, Barrington Daniels Jr. (New York)

Attorneys(s) for Plaintiff

Beeson, Ann (District of Columbia)

Eisenberg, Arthur (New York)

Goodman, Melissa (New York)

Judge(s)

Cardamone, Richard J. (New York)

Ginsburg, Ruth Bader (District of Columbia)

Hall, Janet C. (Connecticut)

Marrero, Victor (New York)

McLaughlin, Joseph Michael (New York)

Newman, Jon Ormond (New York)

Parker, Barrington Daniels Jr. (New York)

Attorneys(s) for Plaintiff

Beeson, Ann (District of Columbia)

Eisenberg, Arthur (New York)

Goodman, Melissa (New York)

Jaffer, Jameel (New York)

Manes, Jonathan Matthew (New Jersey)

McGowan, Sharon M. (District of Columbia)

Schwartztol, Laurence Michael (New York)

Attorneys(s) for Defendant

Bharara, Preetinder S. (New York)

Kotler, Meredith Eve (New York)

Oestericher, Jeffrey Stuart (New York)

Torrance, Benjamin H. (New York)

Other Attorney(s)

Daignault, Ronald Marc (New York)

Documents in the Clearinghouse

Document

1:04-cv-02614

Docket [PACER]

John Doe v. John Ashcroft

April 15, 2014

April 15, 2014

Docket
15

04-cv-02641

Decision and Order (Granting in Part and Denying in Part the motion of Plaintiffs' to Unseal this Case)

317 F.Supp.2d 488

May 12, 2004

May 12, 2004

Order/Opinion

1:04-cv-02614

Amended Complaint for Declaratory and Injunctive Relief

American Civil Liberties Union v. Ashcroft

May 13, 2004

May 13, 2004

Complaint
69

1:04-cv-02614

Opinion; Decision and Order

334 F.Supp.2d 471

Sept. 29, 2004

Sept. 29, 2004

Order/Opinion

[Correspondence]

No Court

Nov. 1, 2004

Nov. 1, 2004

Correspondence
77

1:04-cv-02614

Order

2005 WL 4684237

Jan. 25, 2005

Jan. 25, 2005

Order/Opinion

05-00295

Opinion

Doe v. Gonzales

Supreme Court of the United States

127 S.Ct. 1

Oct. 7, 2005

Oct. 7, 2005

Order/Opinion

05-00570

05-04896

Per Curiam

Doe v. Gonzales

U. S. Court of Appeals for the Second Circuit

449 F.3d 415

May 23, 2006

May 23, 2006

Order/Opinion

1:04-cv-02614

Motion for leave to file second amended complaint for declaratory and injunctive relief; Second Amended complaint for Declaratory and Injunctive Relief

American Civil Liberties Union v. Gonzalez

July 24, 2006

July 24, 2006

Pleading / Motion / Brief
160

1:04-cv-02614

Opinion Decision and Order

Doe v. Gonzales

500 F.Supp.2d 379

Sept. 6, 2007

Sept. 6, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5037053/john-doe-v-john-ashcroft/

Last updated Aug. 26, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
8

ORDER, It is ordered that the aboved captioned action shall be exempt from electronic case filing. It is further ordered that the above captioned action is unsealed to the following extent. All documents that have been filed in this case shall remain under seal. The following documents shall be filed on the public docket in redacted form: redacted complaint and redacted motion to file the complaint under seal. Copies of those two redacted documents, which are to be filed on the public docket in redacted form only, are annexed. This order shall be filed on the public docket. All other documents that are to be filed in this case shall be filed under seal, unless otherwise ordered by the court. (Signed by Judge Victor Marrero on 4/28/04) (wv, ) (Entered: 04/28/2004)

April 28, 2004

April 28, 2004

PACER
9

COMPLAINT against John Ashcroft, Marion Bowman, Robert Mueller. Document filed by American Civil Liberties Union.(laq, ) (Entered: 04/28/2004)

April 28, 2004

April 28, 2004

PACER
10

MOTION for Leave to File Case Under Seal. Document filed by American Civil Liberties Union. (laq, ) (Entered: 04/28/2004)

April 28, 2004

April 28, 2004

PACER
18

ORDER; having considered plaintiffs' unopposed motion for leave to exceed page limitations contained in Rule II(C) of the Individual Practices of United States Judge Victor Marrero and finding good cause therefore, it is Ordered that the motion shall be and hereby is granted; and that plaintiff's memorandum in support of their motion for summary judgment be filed on May 17, 2004, and shall not exceed forty pages. (Signed by Judge Victor Marrero on 5/10/04) (djc, ) (Entered: 05/14/2004) (Entered: 09/29/2004)

May 10, 2004

May 10, 2004

PACER
15

DECISION AND ORDER. Setting forth a procedure by which documents in this case may be filed. The Clerk of the Court to file this Decision and Order on the public docket (Signed by Judge Victor Marrero on 5/12/04) (yv, ) (Entered: 05/12/2004)

May 12, 2004

May 12, 2004

PACER
19

ORDER that the motion shall be and hereby is granted; that plaintiffs' memorandum in support of their motion for summary judgment to be filed on 5/17/04, shall not exceed forty (40) pages. (Signed by Judge Victor Marrero on 5/10/04) "Copies Faxed By Chambers" (jco, ) Modified on 5/14/2004 (jco, ). (Entered: 05/14/2004)

May 13, 2004

May 13, 2004

PACER
27

ORDER, that the annexed redacted documents shall be filed on the public docket in redacted form, and shall be described on the docket as further set forth herein. (Signed by Judge Victor Marrero on 5/7/04) (tp, ) (Entered: 05/24/2004)

May 13, 2004

May 13, 2004

PACER
22

ENDORSED LETTER addressed to Judge Marrero from Meredith Kotler dated 5/12/04: the Clerk of Court is directed to file in the public docket for this case the attached letter in redacted form, from the Govt to the Court, dated 5/12/04. (Signed by Judge Victor Marrero on 5/13/04) copies sent by chambers.(cd, ) (Entered: 05/17/2004)

May 14, 2004

May 14, 2004

PACER
23

Letter addressed to Judge Marrero from Merdith Kotler dated 5/12/04: fld govt's redacted letter re plntfs' request, as per doc #22. Document filed by John Ashcroft.(cd, ) (Entered: 05/17/2004)

May 14, 2004

May 14, 2004

PACER
24

ORDER: Amici's motion for leave to file an amicus brief and Amici's motion for leave to file an amicus brief and amicus brief be unsealed and filed on the public docket are BOTH GRANTED. Supporting documents attached. (Signed by Judge Victor Marrero on 5/13/04) (db, ) (Entered: 05/18/2004)

May 14, 2004

May 14, 2004

PACER
25

ORDER. The annexed redacted documents shall be filed on the public docket in redacted form, and shall be described on the docket as follows: (1) Letter dated 5/6/04 (2) Letter dated 5/7/04 (3) Letter dated 5/7/04. This Order shall be filed on the public docket (Signed by Judge Victor Marrero on 5/13/04) (yv, ) (Entered: 05/18/2004)

May 14, 2004

May 14, 2004

PACER
114

LETTER DATED 5/6/04 (yv, ) (Entered: 08/22/2005)

May 14, 2004

May 14, 2004

PACER
115

LETTER DATED 5/7/04 (yv, ) (Entered: 08/22/2005)

May 14, 2004

May 14, 2004

PACER
116

LETTER DATED 5/7/04 (yv, ) (Entered: 08/22/2005)

May 14, 2004

May 14, 2004

PACER
28

ORDER that the redacted documents attached to this order shall be registered on the public docket with the captions as further set forth in this order. (Signed by Judge Victor Marrero on 5/21/04) (dle, ) (Entered: 05/25/2004)

May 21, 2004

May 21, 2004

PACER
29

ORDER that the redacted documents attached to this Order shall be registered on the public docket with the following captions set forth in this Order. (Signed by Judge Victor Marrero on 5/21/04) (jco, ) (Entered: 05/25/2004)

May 21, 2004

May 21, 2004

PACER
30

BRIEF of Electronic Frontier Foundation, at al., as Amicus Curiae in Support of Plaintiffs John Doe and American Civil Liberties Union's Motion for Summary Judgment. (tp, ) (Entered: 05/25/2004)

May 24, 2004

May 24, 2004

PACER
35

MOTION for Ann Beeson to Appear Pro Hac Vice. AFFIDAVIT of Jameel Jaffer in Support attached. Document filed by American Civil Liberties Union. (ps, ) (Entered: 05/26/2004)

May 24, 2004

May 24, 2004

PACER
31

ENDORSED LETTER addressed to Judge Victor Marrero from Mark Schneider dated 5/21/04 re: counsel for plaintiff request that their submissions be filed publicly. Motion granted. The request of the American Library Association. Freedom to Read Foundation and American Booksellers Foundation for free expression to file an amicus brief in support of plaintiffs' motion for summary judgment is approved. (Signed by Judge Victor Marrero on 5/24/04) (dle, ) (Entered: 05/26/2004)

May 25, 2004

May 25, 2004

PACER
32

Memorandum of Law in support of unopposed motion for leave to file amicus curiae brief in support of plaintiffs' motion for summary judgment. Document filed by American Civil Liberties Union. (dle, ) (Entered: 05/26/2004)

May 25, 2004

May 25, 2004

PACER
33

Brief of Amici Curiae American Library Association, Freedom to Read Foundation and American Booksellers Foundation for Free Expression in support of plaintiffs' motion for summary judgment. Document filed by American Civil Liberties Union.(dle, ) (Entered: 05/26/2004)

May 25, 2004

May 25, 2004

PACER
34

MEMO ENDORSEMENT on Unopposed Motion for Leave to File Amicus Curiae brief in support of plaintiffs motion fo summary judgment. Application GRANTED. The Clerk of the Court is directed to file the Amicus Curiae brief in the record of this case. (Signed by Judge Victor Marrero on 5/24/04) Copies Faxed by Chambers.(db, ) (Entered: 05/26/2004)

May 25, 2004

May 25, 2004

PACER
36

ORDER, that the annexed redacted documents shall be filed on the public docket in redacted form, and shall be described on the docket as furhter set forth herein. (Signed by Judge Victor Marrero on 5/21/04) (tp, ) (Entered: 06/02/2004)

May 25, 2004

May 25, 2004

PACER
39

ENDORSED LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 6/4/04; re: The Government's Cross-Motions due by 6/28/2004. The Government's Responses due by 6/28/2004. (Signed by Judge Victor Marrero on 6/7/04) (sac, ) (Entered: 06/16/2004)

June 15, 2004

June 15, 2004

PACER
43

ORDER that the annexed redacted documents shall be filed on the public docket in redacted form, and shall be described on the docket as follows: Notice of Motion, dated 6/28/04; statement pursuant to local civil rule 56.1(b), dated 6/28/04; memorandum of law in opposition to plaintiffs' motion for summary judgment and in support of the Government's Cross-Motion to Dismiss the complaint or for summary judgment, dated 6/28/04; that this Order shall be filed on the public docket. So Ordered. (Signed by Judge Victor Marrero on 7/6/04) (jco, ) (Entered: 07/12/2004)

July 7, 2004

July 7, 2004

PACER
44

MOTION for an Order to Dismiss. Document filed by John Ashcroft, Marion Bowman, Robert Mueller. (jco, ) (Entered: 07/12/2004)

July 7, 2004

July 7, 2004

PACER
45

MEMORANDUM OF LAW in opposition to plaintiffs' motion for summary judgment and in Support re: 44 MOTION to Dismiss. Document filed by John Ashcroft, Marion Bowman, Robert Mueller. (jco, ) (Entered: 07/12/2004)

July 7, 2004

July 7, 2004

PACER
46

RULE 56.1 STATEMENT. Document filed by John Ashcroft, Marion Bowman, Robert Mueller. (jco, ) (Entered: 07/12/2004)

July 7, 2004

July 7, 2004

PACER
47

ENDORSED LETTER addressed to Judge Marrero from Meredith Kotler dated 6/24/04: the Govt may submit a combined opposition and cross motion brief not to exceed 70 pages. The Court is pursuaded that such late date is warranted in light of the combined filing and the uniqueness of the case. Plntf shall be accorded similar leeway in connection with its remaining submissions. (Signed by Judge Victor Marrero on 6/25/04) (cd, ) (Entered: 07/13/2004)

July 8, 2004

July 8, 2004

PACER
48

ORDER, that the redacted version of the Government's Memorandum of Law in Opposition to Plaintiffs' Motion for Summary Judgment and in Support of the Government's Cross-Motion to Dismiss the Complaint or for Summary Judgment, filed 6/30/04, shall be removed from the public docket and returned to the Government; the annexed redacted version ofthe Government's Memorandum of Law in Opposition to Plaintiffs' Motion for Summary Judgment and in Support of the Government's Cross-Motion to Dismiss the Complaint or for Summary Judgment shall be filed on the public docket; this Order shall be filed on the public docket. (Signed by Judge Victor Marrero on 7/13/04) `.(ae, ) (Entered: 07/28/2004)

July 20, 2004

July 20, 2004

PACER
49

MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for Summary Judgment and in Support of The Government's Cross-Motion to Dismiss the Complaint or for Summary Judgment. Document filed by John Ashcroft, Marion Bowman, Robert Mueller. (ae, ) (Entered: 07/28/2004)

July 20, 2004

July 20, 2004

PACER
51

ORDER: plaintiffs unopposed motion for leave to exceed page limitations contained in Rule II(C) is GRANTED. Plaintiffs reply in support of plaintiffs motion for summary judgment and oppositionto the government's cross-motion to dismiss the complaint or for summary judgment to be filed on 7/30/04, shall not exceed sixty (60) pages. (Signed by Judge Victor Marrero on 7/28/04) (db, ) (Entered: 08/03/2004)

July 30, 2004

July 30, 2004

PACER
52

ORDER...that the redacted documents attached to this Order shall be registered on the public docket with the following captions, etc. (Signed by Judge Victor Marrero on 8/5/04) (rag, ) (Entered: 08/09/2004)

Aug. 6, 2004

Aug. 6, 2004

PACER
53

REPLY MEMORANDUM OF LAW (REDACTED) in Support of Plaintiffs' Motion for Summary Judgment and Opposition to the Government's Cross-Motion to Dismiss the Complaint or for Summary Judgment re: 52 Order. Document filed by American Civil Liberties Union, John Doe. (rag, ) (Entered: 08/09/2004)

Aug. 6, 2004

Aug. 6, 2004

PACER
54

SUPPLEMENTAL DECLARATION and Exhibits in Support of Plaintiffs' Motion for Summary Judgment and in Opposition to the Government's Cross-Motion to Dismiss the Complaint or for Summary Judgment (REDACTED) re: 52 Order. Document filed by American Civil Liberties Union, John Doe. (rag, ) (Entered: 08/09/2004)

Aug. 6, 2004

Aug. 6, 2004

PACER
55

PLAINTIFFS' RULE 56.1 STATEMENT. (REDACTED) re: 52 Order Document filed by American Civil Liberties Union, John Doe. (rag, ) (Entered: 08/09/2004)

Aug. 6, 2004

Aug. 6, 2004

PACER
56

MOTION (REDACTED) Exclude Ex Parte Declaration Filed in Support of the Government's Cross-Motion to Dismiss the Complaint or for Summary Judgment. re: 52 Order Document filed by American Civil Liberties Union, John Doe. (rag, ) (Entered: 08/09/2004)

Aug. 6, 2004

Aug. 6, 2004

PACER
58

ORDER...that the redacted documents attached to this Order shall be registered on the public docket with the following captions, etc. (Signed by Judge Victor Marrero on August 2004) (rag, ) (Entered: 08/13/2004)

Aug. 12, 2004

Aug. 12, 2004

PACER
59

MOTION (REDACTED) for Summary Judgment. re: 58 Order Document filed by American Civil Liberties Union, John Doe. (rag, ) (Entered: 08/13/2004)

Aug. 12, 2004

Aug. 12, 2004

PACER
60

STATEMENT OF UNDISPUTED FACTS (REDACTED) in Support re: 59 MOTION for Summary Judgment.. re: 58 Order Document filed by American Civil Liberties Union, John Doe. (rag, ) (Entered: 08/13/2004)

Aug. 12, 2004

Aug. 12, 2004

PACER
61

MEMORANDUM OF LAW (REDACTED) in Support re: 56 MOTION Exclude Ex Parte Declaration Filed in Support of the Government's Cross-Motion to Dismiss the Complaint or for Summary Judgment. re: 58 Order. Document filed by American Civil Liberties Union, John Doe. (rag, ) (Entered: 08/13/2004)

Aug. 12, 2004

Aug. 12, 2004

PACER
62

DECLARATIONS AND EXHIBITS (REDACTED) in Support re: 59 MOTION for Summary Judgment.. re: 58 Order Document filed by American Civil Liberties Union, John Doe. (rag, ) (Entered: 08/13/2004)

Aug. 12, 2004

Aug. 12, 2004

PACER
63

ORDER granting 35 Motion for Ann Beeson to Appear Pro Hac Vice . (Signed by Judge Victor Marrero on 8/16/2004) (jsa, ) (Entered: 08/17/2004)

Aug. 16, 2004

Aug. 16, 2004

PACER

CASHIERS OFFICE REMARK on 63 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 08/30/04, Receipt Number 518595. (gm, )

Sept. 1, 2004

Sept. 1, 2004

PACER
67

ORDER; that the redacted document atached to this Order shall be filed on the public docket and shall be described as: Reply Memorandum of Law in Support of the Governments Cross-Motion to Dismiss the Complaint or for Summary Judgment. (Signed by Judge Victor Marrero on 9/7/2004) (jp, ) (Entered: 09/13/2004)

Sept. 10, 2004

Sept. 10, 2004

PACER
68

REPLY MEMORANDUM OF LAW in Support re: 59 MOTION for Summary Judgment.. Document filed by John Ashcroft, Marion Bowman, Robert Mueller. (jp, ) (Entered: 09/13/2004)

Sept. 10, 2004

Sept. 10, 2004

PACER

Minute Entry for proceedings held before Judge Victor Marrero : Interim Pretrial Conference held on 9/10/2004. (sac, )

Sept. 10, 2004

Sept. 10, 2004

PACER

Minute Entry for proceedings held before Judge Victor Marrero : Interim Pretrial Conference held on 9/14/2004. (dle, )

Sept. 14, 2004

Sept. 14, 2004

PACER
69

MEMORANDUM AND OPINION # 90699...ORDERED that the motion of John Doe, the ACLU, and the American Civil Liberties Union Foundation for summary judgment in this case is granted. Defendants John Ashcroft, in his official capacity as Attorney General of the U.S., Robert Mueller, in his official capacity as Director of the FBI, and Marion Bowman, in his official capacity as Senior Counsel to the FBI, are hereby enjoined from issuing national security letters under 18 U.S.C. 2709, or from enforcing the provisions of 18 U.S.C. 2709, or from enforcing the provisions of 18 U.S.C. 2709(c); it is further ORDERED that defendants' motion to dismiss, or in the alternative, for summary judgment, is denied, it is further ORDERED that Plaintiffs' motion to exclude Defendants' ex parte affidavit is denied as moot;... it is further ORDERED that the Clerk of Court shall enter judgment accordingly but stay enforcement of the judgment pending any appeal, or, if no appeal is filed, or 90 days from the date of this Order. re: 59 MOTION for Summary Judgment. filed by John Doe, American Civil Liberties Union, 44 MOTION to Dismiss. filed by John Ashcroft, Robert Mueller, Marion Bowman, 56 MOTION Exclude Ex Parte Declaration Filed in Support of the Government's Cross-Motion to Dismiss the Complaint or for Summary Judgment. filed by John Doe, American Civil Liberties Union., Motions terminated: (Signed by Judge Victor Marrero on 9/28/04) (rag, ) (Entered: 09/29/2004)

Sept. 29, 2004

Sept. 29, 2004

PACER

Transmission to Judgments and Orders Clerk. Transmitted re: 69 Memorandum & Opinion,,,,,, Terminate Motions,,,,,, to the Judgments and Orders Clerk for preparation of Judgment. (rag, )

Sept. 29, 2004

Sept. 29, 2004

PACER
70

CLERK'S JUDGMENT granting plaintiffs' motion for summary judgment, enjoining defendants from issuing national security letters under 18 U.S.C. ? 2709, or from enforcing the provisions of 18 U.S.C. ? 2709(c), denying defendants' motion to dismiss, or in the alternative, for summary judgment, denying plaintiffs' motion to exclude defendants' ex parte affidavit as moot, and staying enforcement of the judgment pending any appeal, or, if no appeal is filed, for 90 days from the date of the Opinion (90699) dated September 28, 2004. (Signed by J. Michael McMahon, clerk on 9/30/04) (ml, ) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

PACER

Mailed notice of Right to Appeal to Attorney(s) of Record: Ann Beeson, Arthur N. Eisenberg, Jameel Jaffer, Meredith E. Kotler. (snu, )

Oct. 15, 2004

Oct. 15, 2004

PACER
71

ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey Olstericher dated 11/11/04 re: granting the Gov'ts requests for an extension of time to 11/22/04 to respond to plaintiff's motion for leave to file certain docuemnts on the public docket. (Signed by Judge Victor Marrero on 11/12/04) (pl, ) (Entered: 11/19/2004)

Nov. 12, 2004

Nov. 12, 2004

PACER
72

ENDORSED LETTER addressed to Judge Marrero from Ann Beeson dated 11/5/2004 re: The Government is directed to respond by 11/5/2004 to the request set forth in plaintiff's motion herein. (Signed by Judge Victor Marrero on 11/8/2004) (jsa, ) (Entered: 11/23/2004)

Nov. 19, 2004

Nov. 19, 2004

PACER

Set Deadlines/Hearings: Responses due by 11/5/2004 (jsa, )

Nov. 19, 2004

Nov. 19, 2004

PACER
80

NOTICE OF APPEAL from 69 Memorandum & Opinion, Terminate Motions,,,,,,,,,,, 70 Clerk's Judgment,,. Document filed by John Ashcroft, Robert Mueller, Marion Bowman. Copies of Notice of Appeal mailed to Attorney(s) of Record: Jameel Jaffer, Ann Beeson, Sharon McGowan. (USA NO FEE DUE) (pr, ) (Entered: 02/02/2005)

Nov. 23, 2004

Nov. 23, 2004

PACER
74

ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey Oestericher dated 11/22/04; re: request granted, the time for the Government to respond to plaintiffs' motion for leave to file certain document herein is extended as follows: Responses due by 11/23/2004; Replies due by 12/3/2004. (Signed by Judge Victor Marrero on 11/22/04) (sac, ) (Entered: 11/29/2004)

Nov. 24, 2004

Nov. 24, 2004

PACER
76

SCHEDULING ORDER: Plaintiff supplemental brief due by 1/7/2005Supplemental Responses due by 1/18/2005 Supplemental Replies due by 1/24/2005. These supplemental briefs shall be filed under seal pending disposition of plaintiff's motion (Signed by Judge Victor Marrero on 12/22/2004) (jsa, ) (Entered: 12/29/2004)

Dec. 27, 2004

Dec. 27, 2004

PACER
77

ORDER; that plaintiffs may file documents on the public docket that reflect undisputed alterations to the reactions previously approved by the parties or the Court. While no prior permission from the Court shall be necessary for documents reflecting these undisputed alterations to be publicly filed, the parties are directed to follow the procedures outlined in paragraph two of the Court's Order dated 5/12/04, and reported at 317 F. Supp. 2d 488, 492 (S.D.N.Y. 2004), in order to ensure that the publicly-filed versions of the redacted documents actually reflect agreed-upon alterations. The Court shall stay adjudication of any dispute over alterations to the redactions it has previously approved pending resolution of the Government's appeal of the Court's Decision and Order dated 9/28/04. Such stay, however, shall not prejudice any remedy that Plaintiffs may seek before the U.S. Court of Appeals for the Second Circuit related to the Court's prior sealing determination. (Signed by Judge Victor Marrero on 1/24/05) (pl, ) (Entered: 02/01/2005)

Jan. 25, 2005

Jan. 25, 2005

PACER
78

ORDER...the annexed documents, employing the public docket caption for this cse, were erroneously filed under seal. The Clerk of the Court is hereby ordered to file the attached documents on the public docket, and to describe them on the docket as follows: 1) Notice of Appeal, dated 11/23/04; 2) Order authorizing public filing of Notice of Appeals, dated 11/24/04. (Signed by Judge Victor Marrero on 1/24/05) "copies faxed by chambers".(rag, ) (Entered: 02/01/2005)

Jan. 25, 2005

Jan. 25, 2005

PACER
79

ORDER...(Duplicate Original) It is ORDERED that the annexed document, employing the public docket caption, shall be filed on the pbulic docket and shall be described on the docket as follows: 1) Notice of Appeal, dated 11/23/04. It is further ORDERED that this Order shall be filed on the public. (Signed by Judge Victor Marrero on 11/24/04) (rag, ) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

PACER

Transmission of Notice of Appeal to the District Judge re: 80 Notice of Appeal,. (pr, )

Feb. 2, 2005

Feb. 2, 2005

PACER

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 80 Notice of Appeal,. (pr, )

Feb. 2, 2005

Feb. 2, 2005

PACER
81

USCA SCHEDULING ORDER as to 80 Notice of Appeal, filed by John Ashcroft, Robert Mueller, Marion Bowman, USCA Case Number 05-0570-cv. Roseann B. MacKechnie, Clerk USCA. Certified: 3/24/05. Appeal Record due by 5/17/2005. Appellant Brief due by 5/24/2005. Appellee Brief due by 7/25/2005. (tp, ) (Entered: 04/07/2005)

April 7, 2005

April 7, 2005

PACER
83

ORDER on plaintiffs' motion for leave to file under seal be granted. (Signed by Judge Thomas P. Griesa on 4/11/05) (jco, ) (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (Entered: 04/14/2005)

April 11, 2005

April 11, 2005

PACER
82

ORDER The Clerk of Court is directed to place each of the attached documents on the public docket. Each document shall be separately numbered and discribed, and each shall bear the following caption on the docket sheet: (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). So Ordered. (Signed by Judge Victor Marrero on 4/12/05) (jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
84

AMENDED COMPLAINT amending 9 Complaint against John Ashcroft, Robert Mueller, Marion Bowman.Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. Related document: 9 Complaint filed by American Civil Liberties Union.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
85

NOTICE of Initial Conference. (jco, )(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
86

LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 4/19/04 re: Counsel on behalf of the parties write to inform the Court that the Government contemplates moving to dismiss the complaint or, in the alternative, for summary judgement in its favor, in lieu of answering. (jco, ) (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
87

MOTION to Unseal Case. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
88

MEMORANDUM OF LAW in Support re: 87 MOTION to Unseal Case. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
89

RULE 56.1 STATEMENT. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
90

MEMORANDUM OF LAW in Support re: 59 MOTION for Summary Judgment. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
91

RULE 56.1(a) STATEMENT. Document filed by John Ashcroft, Robert Mueller, Marion Bowman. (jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
92

DECLARATION of Meredith Kotler. Document filed by John Ashcroft, Robert Mueller, Marion Bowman.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
93

SECOND DECLARATION of Ann Beeson. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
94

LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 4/26/04 re: Counsel for Government writes to propose the following briefing schedule: plaintiffs' summary judgment motion to be filed by 5/17/04; opposition due 6/7/04; reply papers 6/28/04; Gov't reply papers in support of its motion 7/19/04. (jco, ) (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
95

LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 4/29/04 re: Counsel for The Government writes this letter to request that the Court direct the ACLU to remove immediately from its website any mention of the briefing schedule in this case, and the language describing the specific information requested in the challenged NSL. (jco, ) (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
96

LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 4/30/04 re: The Government writes to submit that the ACLU's motion to generally lift the seal in this case at this time is inappropriate. If the Court will entertain the ACLU's motion to unseal, the Government respectfully requests that is be given ten business days, until 5/14/04, to respond to the motion, as provided by Local Civil Rule 6.1(b). PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
97

LETTER addressed to Judge Victor Marrero from Jameel Jaffer dated 4/30/04 re: Counsel writes in response to the Government's 4/30/04 letter in the matter to clarify what appears to be a point of confusion. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
98

LETTER addressed to Judge Victor Marrero from Ann Beeson dated 5/6/04 re: The ACLU respectfully asks the Court to enter an order amended the sealing order and adopting the ACLU disclosure proposal. (jco, ) (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
99

LETTER addressed to Judge Victor Marrero from Judge Meredith E. Kotler dated 5/7/04 re: Counsel for defendant writes to respond to the last paragraph of plaintiff's 5/6/04 letter to the Court. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
100

LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 5/7/04 re: Government writes to sumbit tha the enclosed proposal (as described in a proposed Order and in correspondence to the ACLU) should govern future disclosures in this case. (jco, ) (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
101

LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 5/12/04 re: Government writes to request that the redactions remain, except as proposed in this letter. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
102

LETTER addressed to Judge Victor Marrero from Ann Beeson dated 5/14/04 re: Counsel for plaintiffs submit this letter in response to the government's letter of 5/12/04. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
103

LETTER addressed to Judge Victor Marrero from Ann Beeson dated 5/25/04 re: Counsel for plaintiff write to inform the Court that plaintiff American Civil Liberties Union Foundation (ACLU) inadvertently disclosed five words that are subject to the Court's sealing order. Document filed by American Civil Liberties Union. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
104

LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 5/27/04 re: Government writes in support of the disputed redactions sought. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
105

LETTER addressed to Judge Victor Marrero from Ann Beeson dated 6/2/04 re: Counsel for plaintiffs write in response to the Government's letter in support of disputed redacations in plaintiffs' summary judgment pleadings. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, ) (Entered: 04/14/2005)

April 13, 2005

April 13, 2005

PACER
106

LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 6/24/04 re: The Government respectfully submits this letter to request an extension of the Court's 25-page limit for the Government's memorandum of law to be filed on 6/28/04. (jco, ) (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05) (Entered: 04/15/2005)

April 13, 2005

April 13, 2005

PACER
107

LETTER addressed to Judge Victor Marrero from Jemeel Jaffer dated 6/24/04 re: Counsel for plainitffs write to respond to the Government's request for an extension to the page limitation for the Government's memo. of law to be filed on June 28. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(jco, ).(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05) (Entered: 04/15/2005)

April 13, 2005

April 13, 2005

PACER
108

LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 8/10/04 re: The Government writes to request that its time to write in support of disputed redactions in plaintiffs' recently-filed papers be extended until 8/25/04. Plaintiffs oppose this request. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05)(jco, ) (Entered: 04/15/2005)

April 13, 2005

April 13, 2005

PACER
109

LETTER addressed to Judge Victor Marrero from Ann Beeson dated 8/11/04 re: Counsel for plaintiffs writes this letter to clarify the record with respect to certain assertions in defendants' letter of August 10th to the Court requesting the extension. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05)(jco, ) (Entered: 04/15/2005)

April 13, 2005

April 13, 2005

PACER
110

LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 8/25/04 re: The Government writes in support of the disputed redactions. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05)(jco, ) (Entered: 04/15/2005)

April 13, 2005

April 13, 2005

PACER
111

LETTER addressed to Jeffrey S. Oestericher from Ann Beeson dated 9/3/04 re: Counsel for plaintiffs write to reguarding redactions.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05) (jco, ) (Entered: 04/15/2005)

April 13, 2005

April 13, 2005

PACER
112

LETTER addressed to Judge Victor Marrero from Ann Beeson dated 8/31/04 re: Counsel for plaintiffs write in response to The Government's letter of 8/25/04. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05)(jco, ) (Entered: 04/15/2005)

April 13, 2005

April 13, 2005

PACER
113

Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 80 Notice of Appeal, filed by John Ashcroft, Robert Mueller, Marion Bowman, USCA Case Number 05-0570, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp, ) (Entered: 04/26/2005)

April 25, 2005

April 25, 2005

PACER
117

MANDATE of USCA (Certified Copy) as to 80 Notice of Appeal, filed by John Ashcroft,, Robert Mueller,, Marion Bowman, USCA Case Number 05-0570-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED, and the case REMANDED for further proceedings. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 5/23/2006. (nd, ) (Entered: 05/30/2006)

May 26, 2006

May 26, 2006

PACER

Transmission of USCA Mandate/Order to the District Judge re: 117 USCA Mandate,. (nd, )

May 30, 2006

May 30, 2006

PACER
123

(DUPLICATE ORIGINAL) SECOND AMENDED COMPLAINT amending 9 Complaint against Marion Bowman(in his official capacity as Senior Counsel to the Federal Bureau of Investigations), Alberto Gonzales, Robert Mueller(in his official capacity as Director of the Federal Bureau of Investigation).Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. Related document: 9 Complaint filed by American Civil Liberties Union,.(ae, ) (Entered: 08/07/2006)

July 28, 2006

July 28, 2006

PACER
124

REDACTED MOTION for Leave to File to file second amended complaint for declaratory and injunctive relief.. (jmi, ) (Entered: 08/08/2006)

Aug. 2, 2006

Aug. 2, 2006

PACER

Case Details

State / Territory: New York

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 6, 2004

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is an Internet access and consulting business. The plaintiff's name and further identifying information are under seal.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Federal Bureau of Investigation, Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Free Exercise Clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $225,000

Issues

General:

Confidentiality

Courts

Records Disclosure

Terrorism/Post 9-11 issues