Case: Al-Haramain Islamic Foundation v. Bush

4:07-cv-00109 | U.S. District Court for the Northern District of California

Filed Date: 2007

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On February 28, 2006, Al-Haramain Oregon (a non-profit organization) and two of its attorneys filed a lawsuit in the U.S. District Court for the District of Oregon under the Foreign Intelligence Surveillance Act, 50 U.S.C. §§ 1801-1812 against the U.S. Government. The plaintiffs asked the court for injunctive relief and damages, claiming that the government violated FISA by conducting warrantless electronic surveillance of their communications. Specifically, the plaintiffs claimed that the gove…

On February 28, 2006, Al-Haramain Oregon (a non-profit organization) and two of its attorneys filed a lawsuit in the U.S. District Court for the District of Oregon under the Foreign Intelligence Surveillance Act, 50 U.S.C. §§ 1801-1812 against the U.S. Government. The plaintiffs asked the court for injunctive relief and damages, claiming that the government violated FISA by conducting warrantless electronic surveillance of their communications. Specifically, the plaintiffs claimed that the government's actions violated the separation of powers, the First Amendment, the Fourth Amendment, the Sixth Amendment, and the International Covenant on Civil and Political Rights.

On September 7, 2006, Judge Garr M. King denied the government's motion to dismiss but granted its motion to prevent access to a sealed classified document that had been inadvertently released to plaintiffs. Al-Haramain Islamic Found., Inc. v. Bush, 451 F. Supp. 2d 1215 (D. Or. 2006). The plaintiffs appealed.

In January, 2007, the Multi District Litigation (MDL) Panel transferred the case to the Northern District of California, as part of a multi-district litigation consolidation, In Re National Security Agency Telecommunications Records Litigation, NS-CA-11, in this Clearinghouse. On April 30, 2007, the Ninth Circuit officially consolidated the plaintiffs' appeal with with Hepting v. AT & T, NS-CA-0004, in this Clearinghouse. However, on November 16, 2007, the Ninth Circuit severed the two cases from each other and ordered that the cases would no longer be consolidated for any purpose. Hepting v. AT & T, 508 F.3d 898, 899 (9th Cir. 2007).

On November 16, 2007, the Ninth Circuit issued a second opinion specifically addressing the appeal from this case, reversing and remanding the district court's order. Judge McKeown held that (1) state secrets privilege did not protect the subject matter of the plaintiffs' challenge; but (2) that privilege protected the sealed document the plaintiffs relied on; (3) the district court should not have permitted in camera review of affidavits attesting to the plaintiffs' attorneys' memories of the document; and (4) the plaintiffs lacked standing to challenge without the sealed document. Al-Haramain Islamic Found., Inc. v. Bush, 507 F.3d 1190 (9th Cir. 2007).

Meanwhile, in January, 2007, the case was transferred to the Northern District of California, as part of a multi-district litigation consolidation. On July 2, 2008, Judge Vaughn Walker of the Northern District of California held that FISA preempted the state secrets privilege with respect to foreign telecommunications surveillance. Judge Walker also held that the plaintiffs could not use a sealed classified document to establish their status as "aggrieved persons" within the meaning of FISA, but he also granted them leave to amend the complaint, which the plaintiffs did. In re Nat'l Sec. Agency Telecommunications Records Litig., 564 F. Supp. 2d 1109 (N.D. Cal. 2008).

On January 5, 2009, Judge Walker denied government motions to dismiss the plaintiffs' claims. In re Nat'l Sec. Agency Telecommunications Records Litig., 595 F. Supp. 2d 1077 (N.D. Cal. 2009).

On May 22, 2009, Judge Walker denied the government's third motion to dismiss and granted the plaintiffs' motion for discovery pursuant to 50 U.S.C. § 1806(f). The order provided for plaintiffs' counsel to obtain top secret/sensitive compartmented information security clearances and ordered the government to review its classified submissions in this case and determine whether any could be declassified. In re Nat'l Sec. Agency Telecommunications Records Litig., MDL. 06-1791VRW, 2009 WL 1468792 (N.D. Cal. May 22, 2009).

On March 31, 2010, Judge Walker ordered entry of a judgment in favor of the plaintiffs. Judge Walker held that (1) the private remedy provision of FISA implicitly waived the government's sovereign immunity; (2) the prior mandate did not preclude plaintiffs from attempting to establish standing under FISA; (3) the defendants were equitably estopped from arguing that a valid FISA warrant existed; (4) the defendants violated FISA; and (5) the FBI director was not liable in his official capacity. In re Nat'l Sec. Agency Telecommunications Records Litig., 700 F. Supp. 2d 1182 (N.D. Cal. 2010). On December 22, 2010, Judge Walker awarded the plaintiffs about $2.5 million in attorneys' fees and about $41,000 to two of the three plaintiffs in liquidated damages. The defendants appealed.

On December 5, 2012, the Ninth Circuit affirmed in part, reversed in part, and vacated the judgment in favor of the plaintiffs. Writing for the Ninth Circuit, Judge McKeown held that (1) the government did not waive sovereign immunity under the civil liability provision of FISA, reversing the district court's order, and (2) the FBI director was not liable, affirming the district court's order. As a result, the Ninth Circuit dismissed all of the claims, ending the case. Al-Haramain Islamic Found., Inc. v. Obama, 705 F.3d 845 (9th Cir. 2012). This opinion amended and superseded the opinion from August 7, 2012, 690 F.3d 1089, which is almost identical to the amended opinion. The amended opinion simply omits a more detailed explanation of the procedures Congress required for certain sections of FISA (Section 2712(b)) where there was a waiver of sovereign immunity.

Summary Authors

Jessica Kincaid (6/29/2014)

Related Cases

Hepting v. AT&T, Northern District of California (2006)

In re National Security Agency Telecommunications Records Litigation, Northern District of California (2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5788240/parties/al-haramain-islamic-foundation-inc-v-bush/


Judge(s)

King, Garr M. (Oregon)

McKeown, M. Margaret (California)

Pregerson, Dean D. (California)

Walker, Vaughn R. (California)

Attorneys(s) for Plaintiff

Albies, Jessica Ashlee (Oregon)

Eisenberg, Jon B. (California)

Goldberg, Steven (Oregon)

Hancock, William N. (California)

Hassan, Zaha S. (Oregon)

Jaskol, Lisa R. (California)

Judge(s)

King, Garr M. (Oregon)

McKeown, M. Margaret (California)

Pregerson, Dean D. (California)

Walker, Vaughn R. (California)

Attorneys(s) for Plaintiff

Albies, Jessica Ashlee (Oregon)

Eisenberg, Jon B. (California)

Goldberg, Steven (Oregon)

Hancock, William N. (California)

Hassan, Zaha S. (Oregon)

Jaskol, Lisa R. (California)

Nelson, Thomas H. (Oregon)

Attorneys(s) for Defendant

Berman, Marcia (District of Columbia)

Cohn, Cindy A. (California)

Coppolino, Anthony J. (District of Columbia)

Gacki, Andrea (District of Columbia)

Haas, Alexander K (District of Columbia)

Hinkle, Charles F. (Oregon)

Kelly, Jennifer Lloyd (California)

Meeks, J Marcus (District of Columbia)

Rogovin, John Andrew (District of Columbia)

Tannenbaum, Andrew H. (District of Columbia)

Expert/Monitor/Master

Edling, Edmilie K. (Oregon)

Hawkins, E. Anne (California)

Documents in the Clearinghouse

Document

Docket

Al-Haramain Islamic Foundation v. George W. Bush

U.S. District Court for the District of Oregon

Jan. 18, 2007 Docket

Docket

Al−Haramain Islamic Foundation, Inc v. Bush

Dec. 26, 2012 Docket
1

Complaint

Al-Haramain Islamic Foundation v. George W. Bush

U.S. District Court for the District of Oregon

Feb. 28, 2006 Complaint
79

Opinion and Order

Al-Haramain Islamic Foundation v. George W. Bush

U.S. District Court for the District of Oregon

451 F.Supp.2d 1215

Sept. 7, 2006 Order/Opinion
34

Order

Al-Haramain v. Bush

564 F.Supp.2d 1109

July 8, 2008 Order/Opinion
35

First Amended Complaint

Al-Haramain v. Bush

2008 WL 2977767

July 29, 2008 Complaint
43

Order

Al-Haramain v. Bush

U. S. Court of Appeals for the Ninth Circuit

Aug. 12, 2008 Order/Opinion
71

Order

Al-Haramain v. Bush

Feb. 13, 2009 Order/Opinion
83

Order

Al-Haramain v. Bush

U. S. Court of Appeals for the Ninth Circuit

Feb. 27, 2009 Order/Opinion
96

Order

Al-Haramain v. Bush

June 3, 2009 Order/Opinion

Resources

Title Description External URL

Al-Haramain v. Obama

Electronic Privacy Information Center

Following the terrorist attacks on September 11, 2001, President George W. Bush authorized the National Security Agency ("NSA") to conduct a warrantless communications surveillance program. The progr… March 31, 2010 https://epic.org/amicus/alharamain/

Al Haramain v. Obama

Electronic Frontier Foundation

This case alleges alleges that the Bush Administration illegally targeted the leaders of an Islamic charity and their lawyers for warrantless surveillance by the NSA. Their claims are based on a secr… https://www.eff.org/cases/al-haramain

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5788240/al-haramain-islamic-foundation-inc-v-bush/

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

ECF Number Description Date Link
1

Case transferred in from District of Oregon, Portland; Case Number 3:06-cv-00274-KI. Original file certified copy of transfer order and docket sheet received.. Filed byWendell Belew, Asim Ghafoor, Al-Haramain Islamic Foundation, Inc.. (Attachments: # 1 Doc#02 Motion to File Under Seal# 2 Doc#03 Assignment Order# 3 Doc#04 Notice of Manual Filing# 4 Doc#05 Notice of Reassignment# 5 Doc#07 Notice of Manual Filing# 6 Doc#08 Notice of Manual Filing# 7 Doc#12 Notice of Appearance# 8 Doc#13 Notice of Appearance# 9 Doc#14 Notice of Appearance# 10 Doc#15 Notice of Appearance# 11 Doc#16 Notice of Manual Filing# 12 Doc#17 Motion for Extension of Time# 13 Doc#20 Order Granting PHV App# 14 Doc#21 Order Granting PHV App# 15 Doc#24 Notice of Lodging# 16 Doc#24-2 Attachment A# 17 Doc#24-3 Attachment B# 18 Doc#24-4 Attachment C# 19 Doc#27 Notice of Manual Filing# 20 Doc#28 Notice of Manual Filing)(gsa, COURT STAFF) (Filed on 1/9/2007) Additional attachment(s) added on 1/11/2007 (gsa, COURT STAFF). Additional attachment(s) added on 1/11/2007 (gsa, COURT STAFF). Additional attachment(s) added on 1/11/2007 (gsa, COURT STAFF). Additional attachment(s) added on 1/11/2007 (gsa, COURT STAFF). (Entered: 01/11/2007)

Jan. 9, 2007 PACER
2

NOTICE by George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Robert W. Werner, Federal Bureau of Investigation, Robert S. Mueller, III Regarding Transcript Orders (Tannenbaum, Andrew) (Filed on 1/22/2007) (Entered: 01/22/2007)

Jan. 22, 2007 PACER
3

ORDER setting briefing schedule for plaintiffs' motion for partial summary judgment. Signed by Chief Judge Walker on 3/13/07. (vrwlc2, COURT STAFF) (Filed on 3/13/2007) (Entered: 03/13/2007)

March 13, 2007 RECAP
4

MOTION Administrative Motion for an Interim Stay of Briefing Pending the Court of Appeals' Consideration of Defendants' Stay Motion filed by George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Robert W. Werner, Federal Bureau of Investigation, Robert S. Mueller, III. (Attachments: # 1 Exhibit 1 (Government's Motion to the Ninth Circuit for a Stay Pending Appeal)# 2 Declaration of Andrew H. Tannenbaum in Support of Defendants' Administrative Motion for an Interim Stay# 3 Proposed Order)(Tannenbaum, Andrew) (Filed on 3/26/2007) (Entered: 03/26/2007)

March 26, 2007 PACER
5

NOTICE by George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Robert W. Werner, Federal Bureau of Investigation, Robert S. Mueller, III of Order by Court of Appeals Granting the Government's Motion for a Stay Pending Appeal (Attachments: # 1 April 4, 2007 Order of the United States Court of Appeals for the Ninth Circuit)(Tannenbaum, Andrew) (Filed on 4/4/2007) (Entered: 04/04/2007)

April 4, 2007 PACER
6

ORDER of USCA - The court has reviewed the motion for reconsideration and responses thereto, includng the opposition to consolidation filed by the non-party plaintiff's appellees in Hepting v. AT&T. appeals No, 06-17132. 06-17137. The motion for reconsideration seeking to lift the stay of appellate proceedings is granted. Appellants' April 20, 2007 motion for leave to file an opposition to appellees' proposed briefing scheduled in appeal No. 06-36083 is granted. Appellants' opposition has been filed. The Clerk shall consolidate and calendar this appeal with the appeals Hepting v. AT&T Corp. appeal No. 06-17132, and Hepting v. United States appeal No. 06-17137. The briefing schedule in appeal Nos. 06-17132 and 06-17137 remains as previously established. The following briefing schedule shall be set for appeal No. 06-36083; the opening brief and excerpts or record are due June 6, 2007, the answering brief is due July 6, 2007; and the optional reply brief is due within 14 days after service of the answering brief. The provisions of Ninth Circuit Rule 31-2.2(a) shall not be applicable to appeal No. 06-36083; any Rule 31-2.2(b) request is strongly disfavored. The Clerk shall calendar these consolidated appeals during the week of August 13-17. 2007, in San Francisco, California. No motions for reconsideration, modification or clarification of this order shall be filed or entertained. (gsa, COURT STAFF) (Filed on 4/30/2007) (Entered: 05/01/2007)

April 30, 2007 PACER
7

Memorandum in Opposition re (253 in M:06-cv-01791-VRW) MOTION to Dismiss or, in the Alternative, for Summary Judgment on State Secrets Grounds filed byDennis P. Riordan. (Pulgram, Laurence) (Filed on 6/22/2007) (Entered: 06/22/2007)

June 22, 2007 PACER
8

Declaration of Candace J. Morey in Support of (315 in M:06-cv-01791-VRW) Memorandum in Opposition to Motion to Dismiss or In the Alternative for Summary Judgment by the United States filed byDennis P. Riordan. (Attachments: # 1 Exhibit A-Z# 2 Exhibit AA-II# 3 Exhibit JJ-KK)(Morey, Candace) (Filed on 6/22/2007) (Entered: 06/22/2007)

June 22, 2007 PACER
9

Memorandum in Opposition re (273 in M:06-cv-01791-VRW) MOTION to Dismiss Plaintiffs' Master Consolidated Complaint filed byElaine Spielfogel-Landis(on behalf of herself and all others similarly situated). (Himmelstein, Barry) (Filed on 6/23/2007) (Entered: 06/23/2007)

June 23, 2007 PACER
10

Appendix re Opposition, Verizon's Motion to Dismiss Master Complaint. (Entered: 06/23/2007)

June 23, 2007 PACER
11

NOTICE by George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Robert W. Werner, Federal Bureau of Investigation, Robert S. Mueller, III of Manual Filing (Haas, Alexander) (Filed on 12/14/2007) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
12

CLERK'S NOTICE : Case Management Conference set for 2/7/2008 10:00 AM. (cgk, COURT STAFF) (Filed on 1/25/2008) (Entered: 01/25/2008)

Jan. 25, 2008 PACER
13

NOTICE by George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Robert W. Werner, Federal Bureau of Investigation, Robert S. Mueller, III of Withdrawal of Counsel (Tannenbaum, Andrew) (Filed on 2/5/2008) (Entered: 02/05/2008)

Feb. 5, 2008 PACER
14

CASE MANAGEMENT STATEMENT Defendants' Case Management Statement filed by George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Robert W. Werner, Federal Bureau of Investigation, Robert S. Mueller, III. (Coppolino, Anthony) (Filed on 2/6/2008) (Entered: 02/06/2008)

Feb. 6, 2008 PACER
15

Minute Entry: Case Management and Status Conference held on 2/7/2008 before Chief Judge Vaughn R Walker. RESULTS:Further briefing re 1806(f) in Al-Haramain case only.Amici were permitted to file their briefs.Schedule: File brief : 3/14/08. Opposition: 3/28/08. Reply: 4/14/08. Hearing: 4/23/2008 at 10:00 AM.Filing of the briefs limited to the master MDL case and the individual case only.Page limitation has been set by the court to up to 40page limit. (Court Reporter Connie Kuhl.) (cgk, COURT STAFF) (Date Filed: 2/7/2008) (Entered: 02/11/2008)

Feb. 7, 2008 PACER
16

NOTICE of Change of Address by Jessica Ashlee Albies (Albies, Jessica) (Filed on 2/11/2008) (Entered: 02/11/2008)

Feb. 11, 2008 PACER
17

Second MOTION to Dismiss Defendants' Notice of Motion and Second Motion to Dismiss or, in the Alternative, for Summary Judgment and Memorandum in Support thereof filed by George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Robert W. Werner, Federal Bureau of Investigation, Robert S. Mueller, III. Motion Hearing set for 4/23/2008 10:00 AM in Courtroom 6, 17th Floor, San Francisco. (Coppolino, Anthony) (Filed on 3/14/2008) (Entered: 03/14/2008)

March 14, 2008 PACER
18

NOTICE by George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Robert W. Werner, Federal Bureau of Investigation, Robert S. Mueller, III re 17 Second MOTION to Dismiss Defendants' Notice of Motion and Second Motion to Dismiss or, in the Alternative, for Summary Judgment and Memorandum in Support thereof Notice of Loding of In Camera, Ex Parte Submission (Coppolino, Anthony) (Filed on 3/14/2008) (Entered: 03/14/2008)

March 14, 2008 PACER
19

REVISED PRACTICE AND PROCEDURE ORDER re (370 in M:06-cv-01791-VRW) Order filed September 10, 2007 signed by Judge Vaughn R Walker on 3-24-08. (vrwlc3, COURT STAFF) (Filed on 3/25/2008) (Entered: 03/25/2008)

March 25, 2008 PACER
20

Memorandum in Opposition to 17 Defendants' Second Motion to Dismiss or, in the alternative, for Summary Judgment filed byWendell Belew, Asim Ghafoor, Al-Haramain Islamic Foundation, Inc.. (Eisenberg, Jon) (Filed on 3/28/2008) Modified on 3/31/2008 (gsa, COURT STAFF). (Entered: 03/28/2008)

March 28, 2008 PACER
21

DECLARATION of Jon B. Eisenberg in Support of 20 Plaintiffs' Opposition to Defendants' Second Motion to Dismiss or, in the alternative, for Summary Judgment filed byWendell Belew, Asim Ghafoor, Al-Haramain Islamic Foundation, Inc.. (Attachments: # 1 Exhibit A-H, # 2 Exhibit I-J, # 3 Exhibit K)(Eisenberg, Jon) (Filed on 3/28/2008) Modified on 3/31/2008 (gsa, COURT STAFF). (Entered: 03/28/2008)

March 28, 2008 PACER
22

CERTIFICATE OF SERVICE by Wendell Belew, Asim Ghafoor, Al-Haramain Islamic Foundation, Inc. Opposition to Defendants' Second Motion to Dismiss or, in the alternative, for Summary Judgment (Eisenberg, Jon) (Filed on 3/28/2008) (Entered: 03/28/2008)

March 28, 2008 PACER
23

Brief Amici Curiae Memorandum of MDL Plaintiffs' Addressing the Application of the Protocol of Section 1806(f), Title 50 U.S.C., To Civil Actions for Unlawful Electronic Surveillance filed byAmici Curiae MDL Plaintiffs. (Cohn, Cindy) (Filed on 4/7/2008) (Entered: 04/07/2008)

April 7, 2008 PACER
24

Declaration of JENNIFER L. KELLY in Support of 23 Brief, Amici Curiae, of MDL Plaintiffs Addressing the Application of the Protocol of Section 1806(f), Title 50 U.S.C., to Civil Actions for Unlawful Electronic Surveillance filed byAmici Curiae MDL Plaintiffs. (Attachments: # 1 Exhibit 1. 116 CR 2227-31 (91st, 1970), # 2 Exhibit 2. 116 Cong. Rec. 26329 (1970), # 3 Exhibit 3. 01.03.1975 James A. Wilderotter Memo, # 4 Exhibit 4. Hersh NYT Article, # 5 Exhibit 5. Book II S. Rep. No. 94-755 (1976), # 6 Exhibit 6. Book III, S. Rep. 94-755 (1976), # 7 Exhibit 7. S. Rep. No. 95-604, # 8 Exhibit 8. PFAW Amicus Brief, # 9 Exhibit 9. S. Rep. No. 94-1035, # 10 Exhibit 10. P. Swire, 72 Geo. Wash. L. Rev. 1306, # 11 Exhibit 11. 1974 S. Judiciary Hearings, # 12 Exhibit 12. H. Rep. 95-1283, # 13 Exhibit 13. FISA of 1977 Hearings, # 14 Exhibit 14. H. Conference Rep. 95-1720, # 15 Exhibit 15. S. Rep. No. 95-701, # 16 Exhibit 16. S. 1566 3.14.78, # 17 Exhibit 17. House Bill from 124 Cong Rec. (1978), # 18 Exhibit 18. 10.26.2007 Senate Intel Report 110-209, # 19 Exhibit 19. 3.10.2008 NSA's Domestic Spying Grows)(Related document(s) 23 ) (Kelly, Jennifer) (Filed on 4/7/2008) (Entered: 04/07/2008)

April 7, 2008 PACER
25

Brief Amicus Curiae of Telecommunications Carrier Defendants Regarding Whether The Foreign Intelligence Surveillance Act Preempts The State Secrets Privilege filed byAT&T Corp, Verizon Communications Inc., Verizon Florida, Inc., Verizon Northwest, Inc., Verizon Maryland, Inc., Verizon Global Networks, Inc., MCI Communications Services, Inc.. (Rogovin, John) (Filed on 4/7/2008) (Entered: 04/07/2008)

April 7, 2008 PACER
26

STIPULATION to extend page limits for Defendants' Reply by George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Robert W. Werner, Federal Bureau of Investigation, Robert S. Mueller, III. (Haas, Alexander) (Filed on 4/9/2008) (Entered: 04/09/2008)

April 9, 2008 PACER
27

STIPULATION AND ORDER re 26 . Pursuant to the parties stipulation, the page limitation for Defendants' reply in support of second motion to dismiss or for summary judgment is hereby extended to 25 pages. Signed by Chief Judge Vaughn R Walker on 4/10/2008. (cgk, COURT STAFF) (Filed on 4/10/2008) (Entered: 04/10/2008)

April 10, 2008 RECAP
28

Answer to Amicus Curiae Brief of Telecommunications Carriers filed byWendell Belew, Asim Ghafoor, Al-Haramain Islamic Foundation, Inc.. (Eisenberg, Jon) (Filed on 4/14/2008) Modified on 4/15/2008 (gsa, COURT STAFF). (Entered: 04/14/2008)

April 14, 2008 PACER
29

Reply Memorandum re 17 Second MOTION to Dismiss Defendants' Notice of Motion and Second Motion to Dismiss or, in the Alternative, for Summary Judgment and Memorandum in Support thereof filed byGeorge W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Robert W. Werner, Federal Bureau of Investigation, Robert S. Mueller, III. (Attachments: # 1 Exhibit Exhibit 1--Excerpts from House Rep No 95-1283, # 2 Errata Exhibit 2--Excerpts from House Conf. Rep 95-1720, # 3 Exhibit Exhibit 3--Excerpts from Senate Rep 95-701, # 4 Exhibit Exhibit 4--Excerpts from Senate Rep 95-604)(Haas, Alexander) (Filed on 4/14/2008) (Entered: 04/14/2008)

April 14, 2008 PACER
30

MOTION Extend Time for Service Pursuant to F.R.Civ.P. 4(m) filed by Wendell Belew, Asim Ghafoor, Al-Haramain Islamic Foundation, Inc.. (Attachments: # 1 Proposed Order Proposed Order, # 2 Signature Page (Declarations/Stipulations) Declaration of Steven Goldberg, # 3 Certificate of Service)(Eisenberg, Jon) (Filed on 4/17/2008) (Entered: 04/17/2008)

April 17, 2008 PACER
31

Memorandum in Opposition re 30 MOTION Extend Time for Service Pursuant to F.R.Civ.P. 4(m) MOTION Extend Time for Service Pursuant to F.R.Civ.P. 4(m) filed byGeorge W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Robert W. Werner, Federal Bureau of Investigation, Robert S. Mueller, III. (Attachments: # 1 Exhibit Exh A -- Gov't Stay Motion, # 2 Exhibit Exh B -- AHF Opp to Stay, # 3 Exhibit Exh C -- Pages from AHF CA9 Brief, # 4 Exhibit Exh D -- Pages from Gov't Reply CA9)(Haas, Alexander) (Filed on 4/22/2008) (Entered: 04/22/2008)

April 22, 2008 PACER
32

Minute Entry: Motion Hearing held on 4/23/2008 before Chief Judge Vaughn R Walker, the court submitted the matter, court to issue order re 30 MOTION Extend Time for Service Pursuant to F.R.Civ.P. 4(m); 17 Second MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by Office of Foreign Assets Control, Robert S. Mueller, III, Keith B. Alexander, Robert W. Werner, Federal Bureau of Investigation, National Security Agency, George W. Bush. (Court Reporter Kathy Powell.) (cgk, COURT STAFF) (Date Filed: 4/23/2008) (Entered: 04/23/2008)

April 23, 2008 PACER
33

SEE #34 FOR ADDITIONAL INFORMATIONORDER by Judge Vaughn R Walker granting in part and denying in part 17 motion to dismiss; granting 30 motion for an extension of time to serve defendants individually (vrwlc3, COURT STAFF) (Filed on 7/2/2008) Modified on 7/8/2008 (gsa, COURT STAFF). (Entered: 07/02/2008)

July 2, 2008 RECAP
34

ORDER correcting error in 33 Order on Motion to Dismiss, Order on Motion for Miscellaneous Relief. Signed by Judge Vaughn R Walker on 7/8/2008. See document # 33. (vrwlc3, COURT STAFF) (Filed on 7/8/2008) (Entered: 07/08/2008)

July 8, 2008 RECAP
35

AMENDED COMPLAINT against Adam J Szubin, George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III. Filed byWendell Belew, Asim Ghafoor, Al-Haramain Islamic Foundation, Inc.. (Eisenberg, Jon) (Filed on 7/29/2008) (Entered: 07/29/2008)

July 29, 2008 PACER
38

Summons Issued as to Robert S. Mueller, III (slh, COURT STAFF) (Filed on 7/29/2008) (Entered: 07/30/2008)

July 29, 2008 PACER
36

CERTIFICATE OF SERVICE by Wendell Belew, Asim Ghafoor, Al-Haramain Islamic Foundation, Inc. re 35 Amended Complaint, (Eisenberg, Jon) (Filed on 7/29/2008) (Entered: 07/29/2008)

July 29, 2008 PACER
37

NOTICE of Appearance by J. Marcus Meeks and Mary H. Mason on behalf of Defendant Robert S. Mueller, III in his individual capacity (Meeks, J.) (Filed on 7/30/2008) (Entered: 07/30/2008)

July 30, 2008 PACER
39

STIPULATION Regarding Acceptance of Service and Response Deadline for Defendant Robert S. Mueller, III in his Individual Capacity by Wendell Belew, Asim Ghafoor, Robert S. Mueller, III, Al-Haramain Islamic Foundation, Inc.. (Meeks, J.) (Filed on 7/31/2008) (Entered: 07/31/2008)

July 31, 2008 PACER
40

STIPULATION to Extend Time for Government Defendants to Respond to Amended Complaint by Adam J Szubin, George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III. (Coppolino, Anthony) (Filed on 7/31/2008) (Entered: 07/31/2008)

July 31, 2008 PACER
41

ACKNOWLEDGEMENT OF SERVICE Executed -Acceptance of Service of Summons and First Amended Complaint to defendant Robert S. Mueller, III Acknowledgement filed by Wendell Belew, Asim Ghafoor, Al-Haramain Islamic Foundation, Inc.. (Attachments: # 1 Exhibit Summons)(Eisenberg, Jon) (Filed on 7/31/2008) (Entered: 07/31/2008)

July 31, 2008 PACER
43

Order of USCA - John Hummastis motion to intervene is denied. (gsa, COURT STAFF) (Filed on 8/12/2008) (Entered: 08/20/2008)

Aug. 12, 2008 PACER
42

CASE MANAGEMENT STATEMENT Joint Case Management Statement in Al-Haramain v. Bush filed by Adam J Szubin, George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III. (Coppolino, Anthony) (Filed on 8/18/2008) (Entered: 08/18/2008)

Aug. 18, 2008 PACER
44

Minute Entry: Further Case Management Conference held on 9/12/2008 before Chief Judge Vaughn R Walker. SCHEDULE:Al-Haramain and Telecomm Cases:Defs file motion to dismiss or for summary judgment - 9/30/08. Plas file motion for discovery under 1806 (f) - 9/30/08. Plas file opposition to defs motion to dismiss/sj - 10/23/08. Defs file opposition to plas motion for discovery (1806(f)) - 10/23/08. File reply memorandum - 11/14/08. Hearing: 12/2/2008 at 10:00 A.M. Page limits:Government - 25,30,30 = total 85 pages.Plaintiffs - 40, 45 = total 85 pages. (Court Reporter Debra Pas.) (cgk, COURT STAFF) (Date Filed: 9/12/2008) (Entered: 09/16/2008)

Sept. 12, 2008 PACER
45

Appeal Record Returned: (gsa, COURT STAFF) (Filed on 9/18/2008) (Entered: 09/19/2008)

Sept. 18, 2008 PACER
46

MOTION Pursuant to 50 USC §1806(f) to Discover or Obtain Material Relating to Electronic Surveillance filed by Wendell Belew, Asim Ghafoor, Al-Haramain Islamic Foundation, Inc.. Motion Hearing set for 12/2/2008 10:00 AM in Courtroom 6, 17th Floor, San Francisco. (Attachments: # 1 Affidavit Declaration of Jon B. Eisenberg, # 2 Exhibit Eisenberg Exhibits A-H, # 3 Exhibit Eisenberg Exhibits I-P, # 4 Exhibit Eisenberg Exhibits Q-V, # 5 Exhibit Eisenberg Exhibits W-CC, # 6 Affidavit Declaration of Wendell Belew, # 7 Affidavit Declaration of Asim Ghafoor, # 8 Affidavit Declaration of Shayana Kadidal, # 9 Affidavit Certificate of Service)(Eisenberg, Jon) (Filed on 9/30/2008) (Entered: 09/30/2008)

Sept. 30, 2008 PACER
47

STIPULATION AND ORDER RE BRIEF LENGTH re (471 in M:06-cv-01791-VRW) filed by All Plaintiffs. Based upon the stipulation, the following shall be the page limits for the remaining briefs: Plaintiffs' Opposition: 50 pages. Government Reply: 35 pages. Carrier Brief: 30 pages. Plaintiffs' response to Carrier brief: 35 pages. Signed by Chief Judge Vaughn R Walker on 9/30/2008. (cgk, COURT STAFF) (Filed on 9/30/2008) (Entered: 09/30/2008)

Sept. 30, 2008 PACER
48

AMENDED MINUTE ORDER re (468 in M:06-cv-01791-VRW): SCHEDULE: Al-Haramain v Bush (07-0109 VRW): 9/30/08 - Govt Defendants' Motion to Dismiss or for Summary Judgment (30 pages)9/30/08 - Plaintiffs' Motion for Discovery under FISA Section 1806(f) (30 pages)10/23/08 - Govt Defendants' Opposition (30 pages)10/23/08 - Plaintiffs' Opposition (30 pages)11/14/08 - Govt Defendants' and Plaintiffs' Reply Briefs (15 pages)12/2/08 - Hearing at 10:00 A.M. SCHEDULE: MDL Telecom Carrier Cases (MDL06-1791 ) (including Hepting v ATT (06-0672 VRW): 9/19/08 - Govt's Motion to Dismiss or for Summary Judgment(filed 9/9/08) (25 pages)10/16/08 - Plaintiffs' Opposition (50 pages per stipulation)11/5/08 - Govt's Reply (35 pages per stipulation)11/5/08 - Brief of Telecom Carrier Defendants (30 pages)11/20/08 - Plaintiffs' Reply to Telecom Carriers (35 pages per stipulation)12/2/08 - Hearing at 10:00 A.M. (cgk, COURT STAFF) (Filed on 9/30/2008) (Entered: 09/30/2008)

Sept. 30, 2008 PACER
49

Third MOTION to Dismiss or, in the alternative, for Summary Judgment filed by Adam J Szubin, George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III. Motion Hearing set for 12/2/2008 10:00 AM in Courtroom 6, 17th Floor, San Francisco. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit Exhibits 1-12, # 3 Exhibit Exhibits 13-19)(Haas, Alexander) (Filed on 9/30/2008) (Entered: 09/30/2008)

Sept. 30, 2008 PACER
50

Memorandum in Opposition to Defendants' Third Motion to Dismiss, or, in the Alternative, for Summary Judgment filed byAl-Haramain Islamic Foundation, Inc.. (Eisenberg, Jon) (Filed on 10/23/2008) (Entered: 10/23/2008)

Oct. 23, 2008 PACER
51

Memorandum in Opposition re 46 MOTION Pursuant to 50 USC §1806(f) to Discover or Obtain Material Relating to Electronic Surveillance MOTION Pursuant to 50 USC §1806(f) to Discover or Obtain Material Relating to Electronic Surveillance MOTION Pursuant to 50 USC §1806(f) to Discover or Obtain Material Relating to Electronic Surveillance Government Defendants' Opposition to Plaintiffs Motion Pursuant to 50 U.S.C. 1806(f) to Discover or Obtain Material Relating to Electronic Surveillance filed byAdam J Szubin, George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III. (Coppolino, Anthony) (Filed on 10/23/2008) (Entered: 10/23/2008)

Oct. 23, 2008 PACER
52

Transcript of Proceedings held on 9-12-2008, before Judge Vaughn R. Walker. Court Reporter/Transcriber Debra L. Pas, Telephone number (415) 431-1477. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 2/2/2009. (Pas, Debra) (Filed on 11/6/2008) (Entered: 11/06/2008)

Nov. 6, 2008 PACER
53

Reply to Opposition Plaintiffs Reply to Defendants Opposition to 46 Motion Pursuant to 50 U.S.C. § 1806(f) to Discover or Obtain Material Relating to Electronic Surveillance filed by Al-Haramain Islamic Foundation, Inc.. (Eisenberg, Jon) (Filed on 11/14/2008) Modified on 11/20/2008 (slh, COURT STAFF). (Entered: 11/14/2008)

Nov. 14, 2008 PACER
54

Reply to Opposition re 49 Third MOTION to Dismiss or, in the alternative, for Summary Judgment Government Defendants' Reply to Plaintiffs' Opposition to Government Defendants' Third Motion to Dismiss or For Summary Judgment filed byAdam J Szubin, George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III. (Coppolino, Anthony) (Filed on 11/14/2008) (Entered: 11/14/2008)

Nov. 14, 2008 PACER
55

CLERKS NOTICE : TO ALL PARTIES AND COUNSEL OF RECORD;YOU ARE NOTIFIED THAT the Court has set the following schedule:December 2, 2008 - Hearing at 10:00 A.M. MDL Telecom Carrier Cases (including Hepting v AT&T (06-0672 VRW) - Govt's motion to dismiss or for Summary Judgment. December 2, 2008 - Hearing at 2:00 P.M. Al-Haramain et al v George Bush (07-0109 VRW) - Govt's motion to dismiss or for Summary Judgment. Plaintiffs' Motion for Discovery under FISA Section 1806(f). Please report to Courtroom No.6, on the 17th floor at 450 Golden Gate Avenue, San Francisco, California. (cgk, COURT STAFF) (Filed on 11/24/2008) (Entered: 11/24/2008)

Nov. 24, 2008 PACER
56

Minute Entry: Hearing Pertaining to Govt's Motion to Dismiss and/or Motion for Summary Judgment and Plaintiffs' Motion to Discover or Obtain Materials Relating to Electronic Surveillance under FISA Section 1806(f) in the Al-Haramain case held on 12/2/2008 before Chief Judge Vaughn R Walker. The court heard argument from counsel.The matter has been submitted.The court to issue written order. (Court Reporter Sahar McVickar.) (cgk, COURT STAFF) (Date Filed: 12/2/2008) (Entered: 12/03/2008)

Dec. 2, 2008 PACER
57

ORDER by Judge Vaughn R Walker granting 46 Motion discover or obtain material relating to electronic surveillance -- 50 USC § 1806(f); denying 49 Motion to Dismiss (vrwlc3, COURT STAFF) (Filed on 1/5/2009) (Entered: 01/05/2009)

Jan. 5, 2009 RECAP
58

CLERKS NOTICE setting Case Management Conference. (cgk, COURT STAFF) (Filed on 1/6/2009) (Entered: 01/06/2009)

Jan. 6, 2009 PACER
59

NOTICE by Adam J Szubin, George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III Notice of Appeal by Government Defendants (Coppolino, Anthony) (Filed on 1/16/2009) (Entered: 01/16/2009)

Jan. 16, 2009 RECAP
60

MOTION to Stay re 59 Notice (Other), Notice (Other) Notice of Motion and Motion for a Stay Pending Appeal and for Certification of Interlocutory Appeal filed by Adam J Szubin, George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III. (Attachments: # 1 Affidavit Declaration in Support of Stay Pending Appeal)(Coppolino, Anthony) (Filed on 1/19/2009) (Entered: 01/19/2009)

1 Affidavit Declaration in Support of Stay Pending Appeal

View on PACER

Jan. 19, 2009 PACER
61

NOTICE by Adam J Szubin, George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III re 57 Order on Motion for Miscellaneous Relief, Order on Motion to Dismiss Government Defendants' Notice of Filing Correspondence (Coppolino, Anthony) (Filed on 1/19/2009) (Entered: 01/19/2009)

Jan. 19, 2009 RECAP
62

**** ERRONEOUS DOCKET ENTRY **** Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 59 (gsa, COURT STAFF) (Filed on 1/20/2009) (gsa, COURT STAFF). Modified on 1/20/2009 (gsa, COURT STAFF). (Entered: 01/20/2009)

Jan. 20, 2009 PACER
63

*** FILED IN ERROR. PLEASE SEE DOCKET # 64 . *** CASE MANAGEMENT STATEMENT filed by Al-Haramain Islamic Foundation, Inc.. (Eisenberg, Jon) (Filed on 1/20/2009) Modified on 1/21/2009 (ewn, COURT STAFF). (Entered: 01/20/2009)

Jan. 20, 2009 PACER
64

CASE MANAGEMENT STATEMENT filed by Al-Haramain Islamic Foundation, Inc.. (Eisenberg, Jon) (Filed on 1/20/2009) (Entered: 01/20/2009)

Jan. 20, 2009 PACER
65

CASE MANAGEMENT STATEMENT filed by Adam J Szubin, George W. Bush, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III. (Haas, Alexander) (Filed on 1/22/2009) (Entered: 01/22/2009)

Jan. 22, 2009 PACER
66

CASE MANAGEMENT STATEMENT (Corrected) filed by Barack Obama, Adam J Szubin, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III. (Haas, Alexander) (Filed on 1/22/2009) (Entered: 01/22/2009)

Jan. 22, 2009 PACER
68

Minute Entry: Further Case Management Conference and setting of briefing on govts request for certification re Section 1292(b) interlocutory appeal held on 1/23/2009 before Chief Judge Vaughn R Walker (Date Filed: 1/23/2009). (Court Reporter Lydia Zinn.) (cgk, COURT STAFF) (Date Filed: 1/23/2009) (Entered: 01/26/2009)

Jan. 23, 2009 PACER
67

Transcript of Proceedings held on 01/23/2009, before Judge Vaughn R, Walker. Court Reporter/Transcriber Lydia R. Zinn, Telephone number 415 531 6587. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 4/22/2009. (Zinn, Lydia) (Filed on 1/25/2009) (Entered: 01/25/2009)

Jan. 25, 2009 PACER
69

MEMORANDUM in Opposition Plaintiffs' Opposition to 60 Defendants' Motion for Stay Pending Appeal and for Certification of an Interlocutory Appeal Pursuant to 28 U.S.C. § 1292(b) filed byAl-Haramain Islamic Foundation, Inc.. (Eisenberg, Jon) (Filed on 2/6/2009) Modified on 2/9/2009 (gsa, COURT STAFF). (Entered: 02/06/2009)

Feb. 6, 2009 PACER
70

Reply to Opposition re 60 MOTION to Stay re 59 Notice (Other), Notice (Other) Notice of Motion and Motion for a Stay Pending Appeal and for Certification of Interlocutory Appeal MOTION to Stay re 59 Notice (Other), Notice (Other) Notice of Motion and Motion for a Stay Pending Appeal and for Certification of Interlocutory Appeal Government Defendants' Reply in Support of Motion to Stay Proceedings Pending Appeal and for Certification of Interlocutory Appeal under 28 U.S.C. 1292(b) filed byAdam J Szubin, Barack Obama, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III. (Attachments: # 1 Proposed Order)(Coppolino, Anthony) (Filed on 2/11/2009) (Entered: 02/11/2009)

Feb. 11, 2009 PACER
71

ORDER by Judge Vaughn R Walker denying 60 motion to certify interlocutory appeal pursuant to 29 USC § 1292(b) and motion to stay proceedings. (vrwlc3, COURT STAFF) (Filed on 2/13/2009) (Entered: 02/13/2009)

Feb. 13, 2009 RECAP
73

USCA Case Number 09-15266 (gsa, COURT STAFF) (Filed on 2/13/2009) (Entered: 02/18/2009)

Feb. 13, 2009 PACER
72

CASE MANAGEMENT STATEMENT Plaintiffs' Supplemental Case Management Statement filed by Al-Haramain Islamic Foundation, Inc.. (Eisenberg, Jon) (Filed on 2/18/2009) (Entered: 02/18/2009)

Feb. 18, 2009 PACER
74

Consent MOTION for Extension of Time to File Government Defendants' Unopposed Administrative Motion to Extend Time to Submit Report on Declassification Review filed by Adam J Szubin, Barack Obama, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III. (Attachments: # 1 Proposed Order)(Coppolino, Anthony) (Filed on 2/19/2009) (Entered: 02/19/2009)

Feb. 19, 2009 PACER
75

ORDER. In its submission to the court re 71 Order on Motion to Stay, the United States is directed to address points made in plaintiffs supplemental case management statement filed on February 18, 2009 (Doc #72). Signed by Judge Vaughn R Walker on 2/19/09. (vrwlc3, COURT STAFF) (Filed on 2/19/2009) (Entered: 02/19/2009)

Feb. 19, 2009 RECAP
76

ORDER by Chief Judge Vaughn R Walker granting 74 Motion for Extension of Time to File. The Government Defendants' unopposed motion for an extension of time to submit a report on the declassification review previously ordered by the Court, Order dated 1/5/2009, shall be and hereby is GRANTED, and the required report shall be due by no later than 2/27/2009. (cgk, COURT STAFF) (Filed on 2/20/2009) (Entered: 02/20/2009)

Feb. 20, 2009 PACER
77

Brief Government Defendants' Response to Court Orders Concerning Compliance with the January 5 Order (Dkt. 71) and Response to Plaintiffs' Supplemental Case Management Report (Dkt. 75) filed byAdam J Szubin, Barack Obama, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III. (Coppolino, Anthony) (Filed on 2/27/2009) (Entered: 02/27/2009)

Feb. 27, 2009 PACER
78

Brief Government Defendants' Report on Declassification Review filed byAdam J Szubin, Barack Obama, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III. (Attachments: # 1 Affidavit Declaration of Joseph J. Brand, National Security Agency, # 2 Affidavit Declaration of John F. Hackett, Office of the Director of National Intelligence)(Coppolino, Anthony) (Filed on 2/27/2009) (Entered: 02/27/2009)

Feb. 27, 2009 PACER
79

NOTICE by Adam J Szubin, Barack Obama, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III Government Defendants' Notice of Lodging of In Camera, Ex Parte Classified Declaration of Joseph J. Brand, National Security Agency (Coppolino, Anthony) (Filed on 2/27/2009) (Entered: 02/27/2009)

Feb. 27, 2009 PACER
80

NOTICE by Adam J Szubin, Barack Obama, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III Government Defendants' Notice of Lodging of In Camera, Ex Parte Classified Declaration of John F. Hackett, Office of the Director of National Intelligence (Coppolino, Anthony) (Filed on 2/27/2009) (Entered: 02/27/2009)

Feb. 27, 2009 PACER
81

NOTICE by Adam J Szubin, Barack Obama, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III Government Defendants' Notice of Lodging of In Camera, Ex Parte Classified Declaration of Anthony J. Coppolino, Department of Justice (Coppolino, Anthony) (Filed on 2/27/2009) (Entered: 02/27/2009)

Feb. 27, 2009 PACER
82

NOTICE by Adam J Szubin, Barack Obama, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III Government Defendants' Notice of Lodging of In Camera, Ex Parte Classified Declaration of Andrea M. Gacki, Department of the Treasury (Coppolino, Anthony) (Filed on 2/27/2009) (Entered: 02/27/2009)

Feb. 27, 2009 PACER
83

USCA ORDER re 59 Notice of Interlocutory Appeal. The government's appeal is dismissed for lack of jurisdiction. (gsa, COURT STAFF) (Filed on 3/3/2009) (Entered: 03/11/2009)

March 3, 2009 PACER
84

ORDER DIRECTING PARTIES TO SUBMIT A STIPULATED PROTECTIVE ORDER ON OR BEFORE MAY 8, 2009. Signed by Judge Vaughn R Walker on 4/17/2009. (cgk, COURT STAFF) (Filed on 4/20/2009) (Entered: 04/20/2009)

April 20, 2009 RECAP
85

USCA Mandate re 59 Notice of Appeal. (gsa, COURT STAFF) (Filed on 4/23/2009) (Entered: 04/24/2009)

April 23, 2009 PACER
86

CLERKS Letter Spreading Mandate to Counsel (gsa, COURT STAFF) (Filed on 4/24/2009) (Entered: 04/24/2009)

April 24, 2009 PACER
87

STIPULATION to Extend Time in Response to April 17 Order by Adam J Szubin, Barack Obama, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III. (Coppolino, Anthony) (Filed on 4/30/2009) (Entered: 04/30/2009)

April 30, 2009 PACER
88

STIPULATION AND ORDER approving 87 Stipulation, filed by Office of Foreign Assets Control, Robert S. Mueller, III, Barack Obama, Keith B. Alexander, Adam J Szubin, Federal Bureau of Investigation, National Security Agency. Signed by Judge Vaughn R Walker on 5/1/2009. (vrwlc3, COURT STAFF) (Filed on 5/1/2009) (Entered: 05/01/2009)

May 1, 2009 RECAP
89

RESPONSE to Plaintiffs and Government Defendants Joint Submission in Response to 84 Court's April 17, 2009 Order by Adam J Szubin, Barack Obama, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III. (Coppolino, Anthony) (Filed on 5/15/2009) Modified on 5/18/2009 (gsa, COURT STAFF). (Entered: 05/15/2009)

May 15, 2009 PACER
90

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 6/3/2009 02:00 PM. Show Cause Response due by 5/29/2009. Plaintiffs' memorandum due 5/29/2009. Signed by Judge Vaughn R Walker on 5/22/2009. (vrwlc3, COURT STAFF) (Filed on 5/22/2009) (Entered: 05/22/2009)

May 22, 2009 RECAP
91

Brief Plaintiffs Memorandum Addressing Appropriateness and Feasibility of Motion by Plaintiffs for Summary Judgment of Liability Under 50 U.S.C. 1810 filed byAl-Haramain Islamic Foundation, Inc.. (Eisenberg, Jon) (Filed on 5/29/2009) (Entered: 05/29/2009)

May 29, 2009 PACER
92

MOTION to Appear by Telephone filed by Al-Haramain Islamic Foundation, Inc.. Motion Hearing set for 6/3/2009 02:00 PM in Courtroom 6, 17th Floor, San Francisco. (Eisenberg, Jon) (Filed on 5/29/2009) (Entered: 05/29/2009)

May 29, 2009 PACER
93

RESPONSE TO ORDER TO SHOW CAUSE by Adam J Szubin, Barack Obama, National Security Agency, Keith B. Alexander, Office of Foreign Assets Control, Federal Bureau of Investigation, Robert S. Mueller, III Government Defendants' Response to Court's Order to Show Cause of May 22, 2009 (Dkts. 620/90). (Coppolino, Anthony) (Filed on 5/29/2009) (Entered: 05/29/2009)

May 29, 2009 PACER
94

ORDER by Judge Vaughn R Walker granting 92 Motion to Appear by Telephone (vrwlc3, COURT STAFF) (Filed on 6/1/2009) (Entered: 06/01/2009)

June 1, 2009 PACER
95

Minute Entry: Show Cause Hearing. The Court heard argument from counsel. Plaintiff shall file a motion for summary judgment.Hearing is set for 9/1/09 at 10:00 am. (Court Reporter Sahar McVickar.) (cgk, COURT STAFF) (Date Filed: 6/3/2009) (Entered: 06/03/2009)

June 3, 2009 PACER
96

ORDER. Signed by Judge Vaughn R Walker on 6-5-2009. (vrwlc3, COURT STAFF) (Filed on 6/5/2009) (Entered: 06/05/2009)

June 5, 2009 RECAP
97

STIPULATION and Request for Briefing Schedule and Extended Page Limits on Plaintiffs' Motion for Partial Summary Judgment by Al-Haramain Islamic Foundation, Inc.. (Eisenberg, Jon) (Filed on 6/16/2009) (Entered: 06/16/2009)

June 16, 2009 PACER
98

STIPULATION AND ORDER re doc 97 in C07-0109 filed by Al-Haramain Islamic Foundation, Inc. as follows: 7/10 - plaintiff file motion. 8/5 - file opposition. 8/19 - file reply. Page limit for the motion and opposition has been enlarged to 35 pages. Signed by Chief Judge Vaughn R Walker on 7/2/2009. (cgk, COURT STAFF) (Filed on 7/2/2009) (Entered: 07/06/2009)

July 2, 2009 RECAP
99

MOTION for Summary Judgment Plaintiffs' Motion for Partial Summary Judgment filed by Al-Haramain Islamic Foundation, Inc., Wendell Belew, Asim Ghafoor. Motion Hearing set for 9/1/2009 10:00 AM in Courtroom 6, 17th Floor, San Francisco. (Attachments: # 1 Affidavit Eisenberg Declaration, # 2 Exhibit Exhibits A-I, # 3 Exhibit Exhibits J-S, # 4 Exhibit Exhibits T-Z, # 5 Exhibit Exhibits AA-BB, # 6 Affidavit Ghafoor Declaration, # 7 Affidavit Belew Declaration, # 8 Affidavit Proof of Service)(Eisenberg, Jon) (Filed on 7/9/2009) (Entered: 07/09/2009)

July 9, 2009 PACER
100

STIPULATION re 99 MOTION for Summary Judgment Plaintiffs' Motion for Partial Summary Judgment Stipulation and Proposed Order to Modify and Extend the Current Schedule by Keith B. Alexander, Federal Bureau of Investigation, Robert S. Mueller, III, National Security Agency, Barack Obama, Office of Foreign Assets Control, Adam J Szubin. (Coppolino, Anthony) (Filed on 7/31/2009) (Entered: 07/31/2009)

July 31, 2009 PACER