Case: Amnesty v. Clapper

1:08-cv-06259 | U.S. District Court for the Southern District of New York

Filed Date: July 10, 2008

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On 07/10/2008, plaintiffs--a group of attorneys, journalists, and human rights, labor, legal, and media organizations represented by the American Civil Liberties Union--filed suit in United States District Court for the Southern District of New York against the National Security Agency (NSA), the Director of National Intelligence (DNI), and the United States challenging the constitutionality of the Foreign Intelligence Surveillance Act, 50 U.S.C. § 1881 (FISA) under Article III of the Constitut…

On 07/10/2008, plaintiffs--a group of attorneys, journalists, and human rights, labor, legal, and media organizations represented by the American Civil Liberties Union--filed suit in United States District Court for the Southern District of New York against the National Security Agency (NSA), the Director of National Intelligence (DNI), and the United States challenging the constitutionality of the Foreign Intelligence Surveillance Act, 50 U.S.C. § 1881 (FISA) under Article III of the Constitution, the Fourth and First Amendments, and separation of powers principles.

FISA provides a framework governing "applications for orders authorizing electronic surveillance to obtain foreign intelligence information, including surveillance of communications between persons located within the United States ("domestic communications") and surveillance of communications between persons located outside the United States ("international communications")." Amnesty Int'l USA v. McConnell, 646 F. Supp. 2d 633 (S.D.N.Y. 2009). Section 702 of FISA, 50 U.S.C. § 1881a, as added by the FISA Amendments Act of 2008 (FAA), permits the Attorney General and DNI to conduct foreign intelligence surveillance targeting the communications of non-U.S. persons located abroad, but the government need not establish probable cause that the target of electronic surveillance is a foreign power or agent of a foreign power, nor must government specify the nature and location of the facilities or places that surveillance will occur.

Plaintiffs argued that Section 702 violates the Fourth Amendment because it authorizes government to acquire communications of U.S. citizens and residents without obtaining individualized warrants based on probable cause. They argue Section 702 violates the First Amendment by substantially burdening lawful expressive activity. They argue that Section 702 violates Article III and separation of powers principles by allowing the process of judicial review established in the FAA allows the Foreign Intelligence Surveillance Court (FISC) to issue orders in the absence of a case or controversy.

Both parties moved for summary judgment, but the district court ruled that the plaintiffs lacked standing under Article III. In August 2009, the district court granted the government's motion for summary judgment. Amnesty Int'l USA v. McConnell, 646 F. Supp. 2d 633, 645 (S.D.N.Y. 2009). The district court found that the plaintiffs could only demonstrate "an abstract fear that their communications will be monitored under the FAA," and that "the chilling of their speech that they attribute to the statute is actually the result of their purely subjective fear of surveillance." Id. at 645, 653. The plaintiffs appealed to the U.S. Court of the Appeals for the Second Circuit, which reversed the district court's judgment in March 2011. Amnesty Int'l USA v. Clapper, 638 F.3d 118 (2d Cir. 2011), denied rehearing in banc, 667 F.3d 163 (2d Cir. 2011).

The government appealed to the Supreme Court, which ruled 5-4 in February 2013 that the plaintiffs lacked Article III standing because they "cannot demonstrate that the future injury they purportedly fear is certainly impending." Clapper v. Amnesty Int'l USA, 133 S. Ct. 1138, 1155 (2013).

Summary Authors

Elizabeth Homan (11/3/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4344559/parties/amnesty-international-usa-v-mcconnell/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Koeltl, John George (New York)

Lynch, Gerard E. (New York)

Attorneys(s) for Plaintiff

Abdo, Alex (New York)

Dunn, Christopher (New York)

Eisenberg, Arthur (New York)

Goodman, Melissa (New York)

Jaffer, Jameel (New York)

Schwartztol, Laurence Michael (New York)

Tully, L. Danielle (New Jersey)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Koeltl, John George (New York)

Lynch, Gerard E. (New York)

Attorneys(s) for Plaintiff

Abdo, Alex (New York)

Dunn, Christopher (New York)

Eisenberg, Arthur (New York)

Goodman, Melissa (New York)

Jaffer, Jameel (New York)

Schwartztol, Laurence Michael (New York)

Tully, L. Danielle (New Jersey)

Attorneys(s) for Defendant

Turner, Serrin Andrew (New York)

Verrilli, Donald B. Jr. (District of Columbia)

Other Attorney(s)

Abel, Laura K. (New Jersey)

Documents in the Clearinghouse

Document

Docket

Amnesty International USA v. McConnell

Aug. 1, 2013 Docket
1

Complaint

Amnesty International USA . McConnell

July 10, 2008 Complaint
49

Order and Opinion (Denying Plaintiffs' Motion for Summary Judgment and Granting Government's Motion for Summary Judgment)

Amnesty International USA v. McConnell

Aug. 20, 2009 Order/Opinion

Opinion

Amnesty International USA v. Clapper

U. S. Court of Appeals for the Second Circuit

638 F.3d 118

April 16, 2010 Order/Opinion

Order (Denying Defendants-Appellees Rehearing En Banc)

Amnesty International USA v. Clapper

U. S. Court of Appeals for the Second Circuit

667 F.3d 163

Sept. 21, 2011 Order/Opinion

Opinion

Clapper v. Amnesty International USA

Supreme Court of the United States

133 S.Ct. 1138

Oct. 29, 2012 Order/Opinion

Letter to Solicitor General Verrilli

No Court

Nov. 20, 2013 Correspondence

Letter to Solicitor General Verrilli

No Court

May 13, 2014 Correspondence

Resources

Title Description External URL

Clapper v. Amnesty International USA

SCOTUSBlog

Holding: Respondents lack Article III standing to challenge FISA Amendments Act of 2008, 50 U. S. C. § 1881a. <br /> <br />Judgment: Reversed and remanded, 5-4, in an opinion by Justice Alito on Febr… Feb. 26, 2013 https://www.scotusblog.com/case-files/cases/clapper-v-amnesty-international-usa/

Amnesty v. Clapper - Challenge to FISA amendments Act

ACLU

The Foreign Intelligence Surveillance Act (FISA), enacted by Congress after the abuses of the 1960s and 70s, regulates the government’s conduct of intelligence surveillance inside the United States. … Feb. 26, 2015 https://www.aclu.org/cases/amnesty-v-clapper-challenge-fisa-amendments-act

Clapper v. Amnesty Int'l USA

Electronic Privacy Information Center

This case tests whether economic and professional costs related to the reasonable fear of being monitored under the Foreign Intelligence Surveillance Act constitute an injury sufficient to give the p… https://epic.org/amicus/fisa/clapper/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4344559/amnesty-international-usa-v-mcconnell/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against John M. McConnell, Keith B. Alexander(in his official capacity as Director of the National Security Agency), Keith B. Alexander(in his official capacity as Chief of the Central Security Service), Michael B. Mukasey. (Filing Fee $ 350.00, Receipt Number 656420)Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America.(mbe) (Entered: 07/14/2008)

July 10, 2008 RECAP
2

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America.(mbe) (Entered: 07/14/2008)

July 10, 2008 RECAP
3

ENDORSED LETTER addressed to Judge John G. Koeltl from Beth E. Goldman dated 8/1/08 re: The parties conferred to discuss a proposed briefing schedule for dispositive motions. Counsel's joint proposal is as follows: 9/12/08- Plaintiffs' motion for summary judgment; 10/10/08- Defendants' opposition to plaintiffs' motion and cross-motion to dismiss, or in the alternative, for summary judgment; 11/7/08- Plaintiffs' reply on motion for summary judgment and opposition to defendants' motion; 12/5/08- Defendants' reply; and the parties also agreed that defendants' time to answer or otherwise respond to the complaint is extended to 10/10/08. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 8/7/08) (tro) (Entered: 08/12/2008)

Aug. 12, 2008 RECAP
4

MOTION for Leave to File Excess Pages. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America.(Jaffer, Jameel) (Entered: 09/04/2008)

Sept. 4, 2008 RECAP
5

MEMO ENDORSEMENT granting 4 Motion for Leave to File Excess Pages. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 9/8/08) (tro) (Entered: 09/10/2008)

Sept. 10, 2008 PACER
6

MOTION for Summary Judgment. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America.(Jaffer, Jameel) (Entered: 09/12/2008)

Sept. 12, 2008 RECAP
7

MEMORANDUM OF LAW in Support re: 6 MOTION for Summary Judgment.. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America. (Attachments: # 1 Affidavit Declaration of Jameel Jaffer, # 2 Affidavit Declaration of Naomi Klein part 1, # 3 Affidavit Declaration of Naomi Klein part 2, # 4 Affidavit Declaration of Joanne Mariner, # 5 Affidavit Declaration of Sylvia Royce, # 6 Affidavit Declaration of John Walsh)(Jaffer, Jameel) (Entered: 09/12/2008)

1

View on RECAP

2 Affidavit Declaration of Jameel Jaffer

View on PACER

3 Affidavit Declaration of Naomi Klein part 1

View on PACER

4 Affidavit Declaration of Naomi Klein part 2

View on PACER

5 Affidavit Declaration of Joanne Mariner

View on PACER

6 Affidavit Declaration of Sylvia Royce

View on PACER

7 Affidavit Declaration of John Walsh

View on PACER

Sept. 12, 2008 PACER
8

RULE 56.1 STATEMENT. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America. (Jaffer, Jameel) (Entered: 09/12/2008)

Sept. 12, 2008 RECAP
9

ORDER: The briefing schedule entered by memo-endorsed letter on August 12, 2008, is hereby modified to conform to the revised schedule below:10/28/2008 - Defendants' opposition to plaintiffs' motion and cross-motion to dismiss, or in the alternative, for summary judgment; 12/12/2008 - Plaintiffs' reply on motion for summary judgment and opposition to defendants' cross-motion; 12/19/2008 - Briefs of amici curiae; and 1/9/2009 Defendants' cross-reply. SO ORDERED. (Signed by Judge John G. Koeltl on 10/7/2008) (tve) (Entered: 10/07/2008)

Oct. 7, 2008 PACER
10

MEMORANDUM OF LAW in Opposition re: 6 MOTION for Summary Judgment. and in Support of Defendants' Cross-Motion for Summary Judgment. Document filed by John M. McConnell, Keith B. Alexander(in his official capacity as Director of the National Security Agency), Keith B. Alexander(in his official capacity as Chief of the Central Security Service), Michael B. Mukasey. (Turner, Serrin) (Entered: 10/28/2008)

Oct. 28, 2008 RECAP
11

RULE 56.1 STATEMENT. Document filed by John M. McConnell, Keith B. Alexander(in his official capacity as Director of the National Security Agency), Keith B. Alexander(in his official capacity as Chief of the Central Security Service), Michael B. Mukasey. (Turner, Serrin) (Entered: 10/28/2008)

Oct. 28, 2008 RECAP
12

MOTION for Summary Judgment. Document filed by John M. McConnell, Keith B. Alexander(in his official capacity as Director of the National Security Agency), Keith B. Alexander(in his official capacity as Chief of the Central Security Service), Michael B. Mukasey.(Turner, Serrin) (Entered: 10/28/2008)

Oct. 28, 2008 RECAP
13

NOTICE OF APPEARANCE by Laurence Michael Schwartztol on behalf of Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America (Schwartztol, Laurence) (Entered: 11/20/2008)

Nov. 20, 2008 PACER
14

MOTION for Leave to File Excess Pages. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America.(Goodman, Melissa) (Entered: 12/04/2008)

Dec. 4, 2008 PACER
15

MOTION for Leave to File Excess Pages. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America.(Goodman, Melissa) (Entered: 12/04/2008)

Dec. 4, 2008 PACER
16

ENDORSED LETTER addressed to Judge John E. Sprizzo from Lori Danielle Tully dated 12/4/2008 re: Plaintiffs respectfully request that the clerk remove Docket Item No. 14 (Plaintiffs' Unopposed Motion for Leave to Exceed Page Limitations Contained in Rule 2(e)) from the docket. ENDORSEMENT: Docket No. 14 can be removed. So ordered. (Signed by Judge John G. Koeltl on 12/5/2008) (tve) Modified on 1/28/2009 (tve). (Entered: 12/08/2008)

Dec. 8, 2008 PACER
17

MEMO ENDORSEMENT on re: 14 MOTION for Leave to File Excess Pages. filed by Scott McKay, Pen American Center, The Nation Magazine, Sylvia Royce, Global Fund for Women, Human Rights Watch, David Nevin, International Crime Defence Attorneys Association, Service Employees International Union, Washington Office on Latin America, Daniel N. Arshack, Amnesty International USA, Global Rights, 15 MOTION for Leave to File Excess Pages. filed by Scott McKay, Pen American Center, The Nation Magazine, Sylvia Royce, Global Fund for Women, Human Rights Watch, David Nevin, International Crime Defence Attorneys Association, Service Employees International Union, Washington Office on Latin America, Daniel N. Arshack, Amnesty International USA, Global Rights. The brief is opposition may not exceed thirty-five pages. The reply brief may not exceed 20 pages. So ordered. (Signed by Judge John G. Koeltl on 12/5/2008) (jmi) (Entered: 12/09/2008)

Dec. 8, 2008 PACER
18

FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 6 MOTION for Summary Judgment. And Opposition to Defendants' Cross-Motion for Summary Judgment. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America. (Attachments: # 1 Affidavit Declaration of Christopher Hedges, # 2 Affidavit Declaration of Scott McKay, # 3 Affidavit Declaration of Professor Stephen Gillers, # 4 Affidavit Declaration of Steven M. Bellovin)(Jaffer, Jameel) Modified on 12/15/2008 (db). (Entered: 12/12/2008)

1

View on PACER

2 Affidavit Declaration of Christopher Hedges

View on PACER

3 Affidavit Declaration of Scott McKay

View on PACER

4 Affidavit Declaration of Professor Stephen Gillers

View on PACER

5 Affidavit Declaration of Steven M. Bellovin

View on PACER

Dec. 12, 2008 PACER
19

RULE 56.1 STATEMENT. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America. (Jaffer, Jameel) (Entered: 12/12/2008)

Dec. 12, 2008 RECAP
20

ENDORSED LETTER addressed to Judge John G. Koeltl from Michael Steger dated 12/10/08 re: Request that the Reporters Committee For Freedom of the Press brief be filed by 12/19/08. ENDORSEMENT: Application granted.( Brief due by 12/19/2008.) (Signed by Judge John G. Koeltl on 12/11/08) (cd) (Entered: 12/12/2008)

Dec. 12, 2008 PACER
21

REPLY MEMORANDUM OF LAW in Support re: 6 MOTION for Summary Judgment. And Opposition to Defendants' Cross-Motion for Summary Judgment. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America. (Jaffer, Jameel) (Entered: 12/15/2008)

Dec. 15, 2008 RECAP
22

DECLARATION of Christopher L. Hedges in Support re: 21 Reply Memorandum of Law in Support of Motion,. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America. (Jaffer, Jameel) (Entered: 12/15/2008)

Dec. 15, 2008 PACER
23

DECLARATION of Scott McKay in Support re: 21 Reply Memorandum of Law in Support of Motion,. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America. (Jaffer, Jameel) (Entered: 12/15/2008)

Dec. 15, 2008 PACER
24

DECLARATION of Professor Stephen Gillers in Support re: 21 Reply Memorandum of Law in Support of Motion,. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America. (Jaffer, Jameel) (Entered: 12/15/2008)

Dec. 15, 2008 PACER
25

DECLARATION of Steven Bellovin in Support re: 21 Reply Memorandum of Law in Support of Motion,. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America. (Jaffer, Jameel) (Entered: 12/15/2008)

Dec. 15, 2008 PACER
26

BRIEF re: 6 MOTION for Summary Judgment. Amicus Brief in Support of Motion for Summary Judgment. Document filed by Reporters Committee for Freedom of the Press.(Steger, Michael) (Entered: 12/19/2008)

Dec. 19, 2008 PACER
27

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Reporters Committee for Freedom of the Press.(Steger, Michael) (Entered: 12/19/2008)

Dec. 19, 2008 PACER
28

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to File Amicus Brief in Support of Plaintiffs' Motion for Summary Judgment & in Opposition to Defendants' Cross-Motion for Summary Judgment. Document filed by Brennan Center for Justice, The Rutherford Institute. (Attachments: # 1 Supplement Brief Amicus Curiae)(Abel, Laura) Modified on 12/22/2008 (db). (Entered: 12/19/2008)

2 Supplement Brief Amicus Curiae

View on PACER

Dec. 19, 2008 PACER
29

BRIEF re: 6 MOTION for Summary Judgment. ("BRIEF AMICUS CURIAE OF THE NEW YORK CITY BAR ASSOCIATION IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO DEFENDANTS CROSS-MOTION FOR SUMMARY JUDGMENT"). Document filed by Duane L. Loft, Duane L. Loft, The New York City Bar Association.(Loft, Duane) (Entered: 12/19/2008)

Dec. 19, 2008 PACER
30

FIRST MOTION to File Amicus Brief. Document filed by Brennan Center for Justice, The Rutherford Institute.(Abel, Laura) (Entered: 12/23/2008)

Dec. 23, 2008 PACER
31

FIRST MEMORANDUM OF LAW in Support re: 30 FIRST MOTION to File Amicus Brief.. Document filed by Brennan Center for Justice, The Rutherford Institute. (Abel, Laura) (Entered: 12/23/2008)

Dec. 23, 2008 RECAP
32

ORDER that defendants' cross-reply shall be due on 1/16/09, and shall be limited to 25 pages. ( Reply due by 1/16/2009.) (Signed by Judge John G. Koeltl on 12/23/08) (cd) (Entered: 12/29/2008)

Dec. 29, 2008 RECAP
33

ORDER, the briefing schedule for the parties' summary judgment motions in this matter is hereby revised as follows: Defendants' cross-reply shall be due on January 16,2009, and shall be limited to 25 pages. (Signed by Judge Jed S. Rakoff, Part I on 12/29/08) (pl) Modified on 12/29/2008 (pl). (Entered: 12/29/2008)

Dec. 29, 2008 RECAP
34

CROSS REPLY MEMORANDUM OF LAW in Support re: 12 MOTION for Summary Judgment.. Document filed by John M. McConnell, Keith B. Alexander(in his official capacity as Director of the National Security Agency), Keith B. Alexander(in his official capacity as Chief of the Central Security Service), Michael B. Mukasey. (Turner, Serrin) (Entered: 01/16/2009)

Jan. 16, 2009 RECAP
35

ENDORSED LETTER addressed to Judge John G. Koeltl from Serrin Turner dated 1/21/2009 re: Counsel writes presently to request leave to file a corrected version of the Government's cross-reply brief, which was originally filed last Friday, January 16, 2009. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge John G. Koeltl on 1/22/2009) (jfe) (Entered: 01/22/2009)

Jan. 22, 2009 PACER
36

AMENDED REPLY MEMORANDUM OF LAW in Support re: 12 MOTION for Summary Judgment.. Document filed by John M. McConnell, Keith B. Alexander(in his official capacity as Director of the National Security Agency), Keith B. Alexander(in his official capacity as Chief of the Central Security Service), Michael B. Mukasey. (Turner, Serrin) (Entered: 01/23/2009)

Jan. 23, 2009 RECAP
37

MOTION for Disclosure of Information Concerning Aug. 22, 2009 Decision of the FISA Court of Review. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America.(Jaffer, Jameel) (Entered: 02/04/2009)

Feb. 4, 2009 PACER
38

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 37 MOTION for Disclosure of Information Concerning Aug. 22, 2009 Decision of the FISA Court of Review. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America. (Attachments: # 1 Affidavit Declaration of Laurence M. Schwartztol)(Jaffer, Jameel) Modified on 2/5/2009 (db). (Entered: 02/04/2009)

2 Affidavit Declaration of Laurence M. Schwartztol

View on PACER

Feb. 4, 2009 PACER
39

MEMORANDUM OF LAW in Support re: 37 MOTION for Disclosure of Information Concerning Aug. 22, 2009 Decision of the FISA Court of Review.. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America. (Jaffer, Jameel) (Entered: 02/05/2009)

Feb. 5, 2009 RECAP
40

DECLARATION of Laurence M. Schwartztol in Support re: 37 MOTION for Disclosure of Information Concerning Aug. 22, 2009 Decision of the FISA Court of Review.. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America. (Schwartztol, Laurence) (Entered: 02/05/2009)

Feb. 5, 2009 RECAP
41

NOTICE of Withdrawal. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America. (Jaffer, Jameel) (Entered: 03/09/2009)

March 9, 2009 PACER
42

ENDORSED LETTER addressed to Judge John G. Koeltl from David S. Jones dated 3/9/09 re: Counsel for defendants in this action write to report additional information pertaining to plaintiffs' pending "Motion for Disclosure," which sought information relating to certain proceedings in the FISA Court of Review. ENDORSEMENT: This letter should be docketed. (Signed by Judge John G. Koeltl on 3/10/09) (tro) (Entered: 03/11/2009)

March 11, 2009 RECAP
43

ORDER, oral argument on the parties cross-motions for summary judgment set for 7/10/09 at 3:30 pm. Set Deadlines/Hearing as to 12 MOTION for Summary Judgment; 6 MOTION for Summary Judgment. ( Motion Hearing set for 7/10/2009 at 03:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 6/9/09) (cd) (Entered: 06/10/2009)

June 10, 2009 RECAP
44

ORDER: Oral argument on the parties' cross-motions for summary judgment is scheduled for 7/10/09 at 3:30 p.m. The parties should ensure that all amici are given notice of oral argument. (Signed by Judge John G. Koeltl on 6/29/09) (tro) (Entered: 06/30/2009)

June 30, 2009 RECAP
45

ORDER, oral argument on this motion, which was previously scheduled for 7/10/09, is now scheduled for 7/17/09 at 3:00 pm. Plaintiff's counsel is directed to ensure that defense counsel and all amici are notified accordingly. Set Deadlines/Hearing as to 12 MOTION for Summary Judgment., 6 MOTION for Summary Judgment. ( Motion Hearing reset for 7/17/2009 at 03:00 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 7/1/09) (cd) (Entered: 07/02/2009)

July 2, 2009 RECAP
46

ORDER: Oral argument on the pending motions, previously set for 7/17/09, is now scheduled for 7/22/09 at 10:00 AM. The parties shall ensure that all amici are notified accordingly. (Signed by Judge John G. Koeltl on 7/7/09) (tro) (Entered: 07/08/2009)

July 8, 2009 PACER
47

MOTION for Lori Danielle Tully to Withdraw as Attorney. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America.(Jaffer, Jameel) (Entered: 07/09/2009)

July 9, 2009 PACER
48

TRANSCRIPT of proceedings held on 7/22/09 before Judge John G. Koeltl. (pl) (Entered: 08/12/2009)

Aug. 12, 2009 PACER
49

OPINION AND ORDER:#97936 For all of the foregoing reasons, the plaintiffs lack Article III standing to bring this constitutional challenge to the FAA. The plaintiffs' motion for summary judgment is denied. The Government's motion for summary judgment is granted. The Clerk is directed to close Docket Nos. 6 and 12 and to enter judgment dismissing the complaint and closing this case. (Signed by Judge John G. Koeltl on 8/20/2009) (jpo) Modified on 8/21/2009 (jab). (Entered: 08/20/2009)

Aug. 20, 2009 RECAP
50

CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated August 20, 2009, plaintiffs' motion for summary judgment is denied; the Government's motion for summary judgment is granted; and the complaint is dismissed; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 8/27/09) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 08/27/2009)

2 notice of right to appeal

View on PACER

Aug. 27, 2009 PACER
51

ORDER: The Clerk is directed to close Docket Nos. 14, 15, 30, and 47 in this case. The motions reflected in those docket entries are granted and in any event are moot. The Clerk is directed to close Docket No. 37. The motion reflected in that docket entry was withdrawn. (See Docket No. 41.) Pursuant to the August 20, 2009 Opinion and Order (Docket No. 49), the Clerk is directed to enter judgment dismissing the Complaint and closing this case. (Signed by Judge John G. Koeltl on 8/22/2009) (jfe) (Entered: 08/28/2009)

Aug. 28, 2009 PACER
52

NOTICE OF APPEAL from 50 Clerk's Judgment, 49 Memorandum & Opinion,. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Crime Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America. Filing fee $ 455.00, receipt number E 701889. (nd) (Entered: 10/02/2009)

Oct. 1, 2009 PACER
53

JOINT MOTION to Supplement Record. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Criminal Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America.(Jaffer, Jameel) (Entered: 12/28/2009)

Dec. 28, 2009 PACER
54

MOTION for Laurence M. Schwartztol to Withdraw as Attorney. Document filed by Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Amnesty International USA, Global Fund for Women, Global Rights, Human Rights Watch, International Criminal Defence Attorneys Association, The Nation Magazine, Pen American Center, Service Employees International Union, Washington Office on Latin America.(Schwartztol, Laurence) (Entered: 01/07/2010)

Jan. 7, 2010 PACER
55

TRUE COPY ORDER of USCA as to 52 Notice of Appeal, filed by Scott McKay, Pen American Center, The Nation Magazine, International Criminal Defence Attorneys Association, Sylvia Royce, Global Fund for Women, Human Rights Watch, David Nevin, Service Employees International Union, Washington Office on Latin America, Daniel N. Arshack, Amnesty International USA, Global Rights USCA Case Number 09-4112-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 03/21/2011. (Attachments: # 1 Part 2 of the opinion)(nd) (Entered: 03/22/2011)

1 Part 2 of the opinion

View on PACER

March 22, 2011 PACER
56

MEMO ENDORSEMENT on 54 Motion to Withdraw as Attorney. Attorney Laurence Michael Schwartztol terminated. ENDORSEMENT: Application granted. So Ordered.. (Signed by Judge John G. Koeltl on 3/24/2011) (jpo) (Entered: 03/24/2011)

March 24, 2011 PACER
57

ORDER: The parties' joint motion to supplement the record is granted. The Clerk is directed to close Document 53 as an open motion. (Signed by Judge John G. Koeltl on 3/29/2011) (jpo) (Entered: 03/29/2011)

March 29, 2011 PACER
58

MANDATE of USCA (Certified Copy) as to 52 Notice of Appeal, filed by Scott McKay, Pen American Center, The Nation Magazine, International Criminal Defence Attorneys Association, Sylvia Royce, Global Fund for Women, Human Rights Watch, David Nevin, Service Employees International Union, Washington Office on Latin America, Daniel N. Arshack, Amnesty International USA, Global Rights USCA Case Number 09-4112-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and the case is REMANDED to the District Court in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/12/2011. (Attachments: # 1 Opinion)(nd) (Entered: 10/12/2011)

1 Opinion

View on PACER

Oct. 12, 2011 PACER
59

NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Tuesday, November 1, 2011 in Courtroom 12B, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. By: Don Fletcher, Courtroom Case Manager on October 13, 2011. (djc) (Entered: 10/14/2011)

Oct. 13, 2011 PACER
60

ENDORSED LETTER addressed to Judge John G. Koeltl from Serrin Turner dated 10/27/2011 re: request for a further adjournment of the status conference. ENDORSEMENT: The Status Conference is Adjourned to December 6, 2011, 4:30 p.m. w/out prejudice to a subsequent application. ( Pretrial Conference set for 12/6/2011 at 04:30 PM before Judge John G. Koeltl.) (Signed by Part I Judge Alvin K. Hellesrtein on 10/28/2011) (ama) (Entered: 10/28/2011)

Oct. 28, 2011 PACER
61

ENDORSED LETTER addressed to Judge John G. Koeltl from Serrin Turner dated 12/1/2011 re: The Government writes to request an adjournment of the status conference currently scheduled for 12/6/2011. ENDORSEMENT: Adjourned to Thursday, January 19, 2012 at 4:30 PM. (Status Conference set for 1/19/2012 at 04:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 12/5/2011) (ab) (Entered: 12/05/2011)

Dec. 5, 2011 PACER
62

ENDORSED LETTER addressed to Judge John G. Koeltl from Serrin Turner dated 1/18/12 re: Counsel for the Government seeks an adjournment of the 1/19 conference until sometime after 2/21/12. ENDORSEMENT: Conference adjourned to 2/28/12 at 4:30 p.m. So ordered. ( Status Conference set for 2/28/2012 at 04:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 1/18/2012) (mro) (Entered: 01/18/2012)

Jan. 18, 2012 RECAP
63

NOTICE OF APPEARANCE by Alexander Abraham Abdo on behalf of Amnesty International USA, Daniel N. Arshack, Global Fund for Women, Global Rights, Human Rights Watch, International Criminal Defence Attorneys Association, Scott McKay, David Nevin, Pen American Center, Sylvia Royce, Service Employees International Union, The Nation Magazine, Washington Office on Latin America (Abdo, Alexander) (Entered: 02/07/2012)

Feb. 7, 2012 PACER
64

ENDORSED LETTER: addressed to Judge John G. Koeltl from U.S. Department of Justice dated 2/24/2012 re: Counsel for defendant requests an adjournment of the status conference currently scheduled for February 28, 2012 to after June 1, 2012. ENDORSEMENT: Adjourned to Tuesday, June 19, 2012 at 4:30 p.m. ( Status Conference set for 6/19/2012 at 04:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 2/29/2012) (js) (Entered: 03/02/2012)

March 2, 2012 PACER
65

ENDORSED LETTER addressed to Judge John G. Koeltl' from SERRIN TURNER dated 6/15/2012 re: counsel for the Government seeks to adjourn the upcoming conference until the litigation of the case in the Supreme Court is resolved. The Government will apprise the Court promptly upon the conclusion of the Supreme Court litigation. ENDORSEMENT: Application Granted. (Signed by Judge John G. Koeltl on 6/18/2012) (pl) (Entered: 06/18/2012)

June 15, 2012 PACER

State / Territory: New York

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act—Foreign Targeting (702, 703, 704)

Key Dates

Filing Date: July 10, 2008

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are a group of attorneys, journalists, and human rights, labor, legal, and media organizations who suspect their communication is under surveillance by the United States government.

Plaintiff Type(s):

Private Plaintiff

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, Federal

Central Security Service, Federal

United States of America, Federal

Director of National Intelligence, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Federalism (including 10th Amendment)

Free Exercise Clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Access to lawyers or judicial system

Confidentiality

Courts

Record-keeping

Records Disclosure

Search policies

Terrorism/Post 9-11 issues