Case: Bernstein v. U.S. Department of Justice

3:95-cv-00582 | U.S. District Court for the Northern District of California

Filed Date: Feb. 21, 1995

Closed Date: 2003

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Case Summary

On February 21, 1995, a PhD student in mathematics and cryptography at the University of California, Berkeley, filed this lawsuit in the U.S. District Court in the Northern District of California. The plaintiff sued the United States Government, including the U.S. State Department and the National Security Agency under the Administrative Procedure Act. The plaintiff, represented by attorneys from the First Amendment Project as well as private attorneys, asked the court for declaratory and injunctive relief from the government’s enforcement of the Arms Export Control and the International Traffic in Arms Regulations (ITAR). Specifically, the plaintiff claimed that the process for registering encryption algorithms as if they were physical weapons violated his First Amendment rights to free speech.

On April 15, 1996, Judge Marilyn H. Patel denied the defendant’s motion to dismiss on the basis that the claims that the plaintiff made were indeed justiciable. 922 F. Supp. 1426 (N.D. Cal. 1996). Most importantly, Judge Patel affirmed for the first time that source code was to be considered speech for the purposes of First Amendment claims.

On December 9, 1996, Judge Patel released another order granting in part and denying in part both the plaintiff’s and the defendants’ motions for summary judgement, neither of which materially affected the case. The holding of that case was that the ITAR effected an unconstitutional prior restraint on speech due to inadequate procedural safeguards. Just prior to the court's order, the government transferred jurisdiction over the export of nonmilitary encryption products to the Department of Commerce, and the plaintiff amended his complaint to include that department as a defendant in this matter.

On August 25, 1997, Judge Patel found that the regulations on encryptions were an unconstitutional prior restraint in violation of the First and enjoined the defendants from enforcing the regulations against the plaintiff or against anyone else who sought to use, discuss or publish the plaintiff's encryption program. 974 F. Supp. 1288 (N.D. Cal. 1997). On September 9, 1997, Judge Patel granted the defendant’s motion to stay the injunction pending appeal; on September 22 the Ninth Circuit agreed to expedite the appeal process. The Ninth Circuit held oral argument on December 8, 1997 and affirmed the trial court’s decision in an opinion released on May 6, 1999. 176 F.3d 1132 (9th Cir. 1999). However, the defendants petitioned for an en banc rehearing and it was granted, and the initial decision withdrawn. 192 F.3d 1308 (9th Cir. 1999).

Before the Ninth Circuit could hold a rehearing, the defendants once again changed the regulations at issue, and on April 11, 2000, the Ninth Circuit dismissed the case without prejudice and remanded it to the district court. The new regulations loosened up the government oversight of open source encryption software. However, the plaintiff filed an amended complaint based on his claim that the regulations were still too burdensome. Despite his new claims, on July 8, 2003, Judge Patel ruled against the plaintiff and granted summary judgement to the defendants, holding that the plaintiff did not have standing to bring this action.

This case is now closed.

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Summary Authors

Kat Brausch (6/20/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10430068/parties/bernstein-v-us-dept-of-state/

Judge(s)

Bright, Myron H. (North Dakota)

Attorney for Plaintiff

Bernstein, Daniel (New York)

Cohn, Cindy A. (California)

Attorney for Defendant

Coppolino, Anthony J. (District of Columbia)

Expert/Monitor/Master

Bauld, William A. (California)

Judge(s)

Bright, Myron H. (North Dakota)

Fletcher, Betty Binns (Washington)

Hug, Procter Ralph Jr. (Nevada)

Mills, Richard Henry (Illinois)

Nelson, Thomas G. (Idaho)

Patel, Marilyn Hall (California)

Attorney for Plaintiff

Bernstein, Daniel (New York)

Cohn, Cindy A. (California)

Olson, Karl (California)

Pace, Sarah E. (Illinois)

Revere, Robert Corn (District of Columbia)

Tien, Lee (California)

Wheaton, James Russell (California)

Winter, Richard R. (Illinois)

Attorney for Defendant

Coppolino, Anthony J. (District of Columbia)

Garvey, Vincent M. (District of Columbia)

Hunger, Frank W. (District of Columbia)

Mueller, Robert S. III (California)

Snead, Jacqueline E. Coleman (District of Columbia)

Uitti, Mary Beth (California)

Expert/Monitor/Master

Bauld, William A. (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:95-cv-00582	Docket Report	March 24, 2006	March 24, 2006 Docket
35 94-03129	Order / Opinion U.S. District Court for the Central District of California	April 17, 1996	April 17, 1996 Order/Opinion
107 3:95-cv-00582	Memorandum and Opinion	Dec. 9, 1996	Dec. 9, 1996 Order/Opinion
139 3:95-cv-00582	Order / Opinion	Aug. 25, 1997	Aug. 25, 1997 Order/Opinion
97-16686	Order / Opinions [two concurring, one dissent] U. S. Court of Appeals for the Ninth Circuit	Dec. 8, 1997	Dec. 8, 1997 Order/Opinion
97-16686	Order U. S. Court of Appeals for the Ninth Circuit	Sept. 30, 1999	Sept. 30, 1999 Order/Opinion
169 3:95-cv-00582	Complaint	Jan. 7, 2002	Jan. 7, 2002 Complaint

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Resources

Title	Description		External URL Date / External URL
Bernstein v. Department of Justice Global Freedom of Expression	The U.S. Court of Appeals for the Ninth Circuit determined that regulatory restrictions on an individual’s ability to publish encryption source code was a violation of the First Amendment. Daniel Ber…	May 6, 1999	May 6, 1999 https://globalfreedomofexpression.columbia.edu/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/10430068/bernstein-v-us-dept-of-state/

Last updated July 7, 2023, 3:13 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT Summons(es) issued; Fee status pd entered on 2/21/95 in the amount of $120.00 (Receipt No. 35791) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 02/21/1995)	Feb. 21, 1995	Feb. 21, 1995 PACER
2	ORDER RE COURT PROCEDURE and SCHEDULE (ADR Pilot) by Judge Marilyn H. Patel : Proof of service to be filed by 4/7/95 ; counsels' case management statement to be filed by 6/13/95 ; initial case management conference will be held 9:30 6/23/95 (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 02/21/1995)	Feb. 21, 1995	Feb. 21, 1995 PACER
3	EX-PARTE APPLICATION before Judge Marilyn H. Patel by Plaintiff for order sealing exhibits to complaint [3:95-cv-00582] (gba, COURT STAFF) (Entered: 02/21/1995)	Feb. 21, 1995	Feb. 21, 1995 PACER
	RECEIVED Order (Plaintiff) re: [3-1] [3:95-cv-00582] (gba, COURT STAFF)	Feb. 21, 1995	Feb. 21, 1995 PACER
4	ORDER by Judge Marilyn H. Patel granting plaintiff's motion for order sealing exhibits to complaint [3-1] (Date Entered: 2/27/95) (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 02/27/1995)	Feb. 27, 1995	Feb. 27, 1995 PACER
5	"FILED UNDER SEAL" EXHIBITS re complaint [1-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 02/27/1995)	Feb. 27, 1995	Feb. 27, 1995 PACER
6	NOTICE by defendant US Dept. of State, defendant US Arms Control &, defendant US Dept. of Defense, defendant U.S. Dept. of Commer of appearance [3:95-cv-00582] (gba, COURT STAFF) (Entered: 03/14/1995)	March 14, 1995	March 14, 1995 PACER
7	WAIVER OF SERVICE by defendant Gary M. Oncale, defendant William G. Robinson, defendant Michael Newlin, defendant Mark Koro, defendant Greg Stark served on 3/31/95 in response to the Request for Waiver sent on 3/3/95 [3:95-cv-00582] (gba, COURT STAFF) Modified on 04/10/1995 (Entered: 04/10/1995)	April 7, 1995	April 7, 1995 PACER
8	WAIVER OF SERVICE by defendant US Dept. of Defense, defendant William B. Perry served on 4/12/95 [3:95-cv-00582] (gba, COURT STAFF) (Entered: 04/14/1995)	April 14, 1995	April 14, 1995 PACER
9	ORDER by Judge Marilyn H. Patel denying related case notice (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 04/20/1995)	April 19, 1995	April 19, 1995 PACER
10	ANSWER by defendants US Dept. of State, US Arms Control &, US Dept. of Defense, U.S. Dept. of Commer, National Security A, Warren G. Christopher, William B. Perry, Ronald Brown, J. M. McCONNELL, John B. Holum, William G. Robinson, Charles Ray, Gary M. Oncale, Michael Newlin, Mark Koro, Greg Stark to complaint [1-1] [3:95-cv-00582] (mcl, COURT STAFF) (Entered: 05/03/1995)	May 2, 1995	May 2, 1995 PACER
11	CLERK'S NOTICE re ADR phone conference, 6/6/95, 9:45 a.m. [3:95-cv-00582] (pb, COURT STAFF) (Entered: 05/19/1995)	May 19, 1995	May 19, 1995 PACER
12	MAIL [11-1] returned from Post Office addressed to Frank Hunger [3:95-cv-00582] (ab, COURT STAFF) (Entered: 05/25/1995)	May 25, 1995	May 25, 1995 PACER
	Telephone conference with ADR director :SES [3:95-cv-00582] (ses, COURT STAFF)	June 6, 1995	June 6, 1995 PACER
13	JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:95-cv-00582] (gba, COURT STAFF) (Entered: 06/14/1995)	June 13, 1995	June 13, 1995 PACER
14	STIPULATION and ORDER by Judge Marilyn H. Patel : Case Management Conference set for 9:30 6/30/95 ; (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 06/14/1995)	June 13, 1995	June 13, 1995 PACER
15	MINUTES: (C/R not reported) INITIAL CASE MANAGEMENT CONFERENCE HELD. Matter was continued to 10/20/95 at 10:30 for motion ; (motion - 8/15/95, Opposition - 9/2/95 & Reply 10/6/95) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/05/1995)	June 30, 1995	June 30, 1995 PACER
16	NOTICE OF MOTION AND MOTION before Judge Marilyn H. Patel by defendant to dismiss (in their official capacities) with Notice set for 10/20/95 10:30 a.m. [3:95-cv-00582] (gba, COURT STAFF) (Entered: 08/16/1995)	Aug. 15, 1995	Aug. 15, 1995 PACER
17	MEMORANDUM of points and authorities by defendant in support of motion to dismiss (in their official capacities) [16-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 08/16/1995)	Aug. 15, 1995	Aug. 15, 1995 PACER
18	DECLARATION by Louis F. Giles on behalf of defendant re motion to dismiss (in their official capacities) [16-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 08/16/1995)	Aug. 15, 1995	Aug. 15, 1995 PACER
19	DECLARATION by William J. Lowell on behalf of defendant re motion to dismiss (in their official capacities) [16-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 08/16/1995)	Aug. 15, 1995	Aug. 15, 1995 PACER
20	EMERGENCY APPLICATION by Plaintiff for order allowing additional pages in opposition to motion to dismiss [3:95-cv-00582] (gba, COURT STAFF) (Entered: 08/23/1995)	Aug. 22, 1995	Aug. 22, 1995 PACER
	RECEIVED Order (Plaintiff) re: [20-1] [3:95-cv-00582] (gba, COURT STAFF)	Aug. 22, 1995	Aug. 22, 1995 PACER
21	ORDER by Judge Marilyn H. Patel granting plaintiff's application to submit up to 45 pages in opposition to motion to dismiss [20-1] (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 08/31/1995)	Aug. 29, 1995	Aug. 29, 1995 PACER
22	OPPOSITION by Plaintiff to defendant's motion to dismiss (in their official capacities) [16-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/25/1995)	Sept. 22, 1995	Sept. 22, 1995 PACER
23	OBJECTIONS by Plaintiff to evidence [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/25/1995)	Sept. 22, 1995	Sept. 22, 1995 PACER
24	REQUEST FOR JUDICIAL NOTICE by Plaintiff [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/25/1995)	Sept. 22, 1995	Sept. 22, 1995 PACER
25	DECLARATION by Lee Tien on behalf of Plaintiff re request [24-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/25/1995)	Sept. 22, 1995	Sept. 22, 1995 PACER
26	DECLARATION by Cindy Cohn on behalf of Plaintiff re opposition [22-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/25/1995)	Sept. 22, 1995	Sept. 22, 1995 PACER
27	UNOPPOSED APPLICATION by defendant for an order allowing additional pages for reply in support of motion to dismiss [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/29/1995)	Sept. 28, 1995	Sept. 28, 1995 PACER
28	ORDER by Judge Marilyn H. Patel for leave to file reply brief not to exceed 25 pages (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/10/1995)	Oct. 4, 1995	Oct. 4, 1995 PACER
29	REPLY MEMORANDUM of points and authorities by defendant re motion to dismiss (in their official capacities) [16-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/10/1995)	Oct. 6, 1995	Oct. 6, 1995 PACER
30	REQUEST FOR JUDICIAL NOTICE by defendant [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/10/1995)	Oct. 6, 1995	Oct. 6, 1995 PACER
31	SECOND DECLARATION by Louis F. Giles on behalf of defendant re reply [29-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/10/1995)	Oct. 6, 1995	Oct. 6, 1995 PACER
32	MINUTES: (C/R Judith Dudeck) that the defendant's motion to dismiss (in their official capacities) [16-1] is submitted ; Court to issue order [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/27/1995)	Oct. 20, 1995	Oct. 20, 1995 PACER
33	REPORTER'S TRANSCRIPT; Date of proceedings: 10/20/95 (C/R: Judith N. Dudeck) minutes [32-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 11/02/1995)	Nov. 2, 1995	Nov. 2, 1995 PACER
34	NOTICE by defendant of related decision [3:95-cv-00582] (ml, COURT STAFF) (Entered: 04/04/1996)	April 3, 1996	April 3, 1996 PACER
35	OPINION by Judge Marilyn H. Patel denying defendant's motion to dismiss (in their official capacities) [16-1] (Date Entered: 4/17/96) (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 04/17/1996)	April 15, 1996	April 15, 1996 PACER
36	CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:95-cv-00582] (ml, COURT STAFF) (Entered: 05/29/1996)	May 24, 1996	May 24, 1996 PACER
37	MINUTES: (C/R Diane Skillman) Further case management conference - held ; Matter was continued to 9/20/96 at noon for cross-motions for summary judgment ; (Motions 45 pages - 7/19/96; Responsive memos 45 pages - 8/23/96) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 06/06/1996)	June 5, 1996	June 5, 1996 PACER
	RECEIVED stipulation and notice voluntarily dismissing claims against defendants in their individual capacity submitted by Plaintiff, defendant [3:95-cv-00582] (gba, COURT STAFF)	June 12, 1996	June 12, 1996 PACER
38	STIPULATION and ORDER by Judge Marilyn H. Patel : dismissing claims brought against defendants with prejudice (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 06/19/1996)	June 18, 1996	June 18, 1996 PACER
39	PROOF OF SERVICE by Plaintiff of order [38-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 06/27/1996)	June 24, 1996	June 24, 1996 PACER
	RECEIVED Proposed briefing Order ( defendant) [3:95-cv-00582] (ml, COURT STAFF)	July 11, 1996	July 11, 1996 PACER
40	STIPULATION and ORDER by Judge Marilyn H. Patel : All motions will be heard by 12:00 9/20/96 ; Motions - 7/26/96, Opposition - 8/30/96 (cc: all counsel) [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/16/1996)	July 16, 1996	July 16, 1996 PACER
41	MOTION before Judge Marilyn H. Patel by defendant for summary judgment with Notice set for 9/20/96 12:00 [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
42	MEMORANDUM of points and authorities by defendant in support of motion for summary judgment [41-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
43	DECLARATION by William P. Crowell on behalf of defendant re motion for summary judgment [41-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
44	SECOND DECLARATION by William J. Lowell on behalf of defendant re motion for summary judgment [41-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
45	NOTICE by Plaintiff of association of attorney James R. Wheaton [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
46	NOTICE by Plaintiff of association of attorney Lee Tien [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
47	NOTICE by Plaintiff of association of attorney M. Edward Ross [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
48	NOTICE OF MOTION AND MOTION before Judge Marilyn H. Patel by Plaintiff for partial summary judgment or for summary adjudication of issues with Notice set for 9/20/96 12:00 [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
49	MEMORANDUM of points and authorities by Plaintiff in support of motion for partial summary judgment [48-1], of motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
50	DECLARATION by Philip R. Zimmerman on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
51	DECLARATION by Richard M. Stallman on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
52	DECLARATION by Bruce Schneier on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
53	DECLARATION by Peter D. Junger on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
54	DECLARATION by Lawrence Miller on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
55	DECLARATION by Michael Paul Johnson on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
56	DECLARATION by Dr. Paul Ginsparg on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
57	DECLARATION by Carl M. Ellison on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
58	DECLARATION by James T. Demberger on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
59	DECLARATION by Brian Behlendorf on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) Modified on 11/24/1999 (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
60	DECLARATION by Matthew Bishop on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
61	DECLARATION by Dr. Andrew W. Appel on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
62	DECLARATION by Harold Abelson on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
63	DECLARATION by on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
64	DECLARATION by Lee Tien on behalf of Plaintiff re motion for partial summary judgment [48-1], re motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
65	PROOF OF SERVICE by Plaintiff of declaration [64-1], declaration [63-1], declaration [62-1], declaration [61-1], declaration [60-1], declaration [72696-1], declaration [58-1], declaration [57-1], declaration [56-1], declaration [55-1], declaration [54-1], declaration [53-1], declaration [52-1], declaration [51-1], declaration [50-1], memorandum [49-1], motion for partial summary judgment [48-1], motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 07/29/1996)	July 26, 1996	July 26, 1996 PACER
66	OPPOSITION by Plaintiff to defendant's motion for summary judgment [41-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/03/1996)	Aug. 30, 1996	Aug. 30, 1996 PACER
67	DECLARATION by Matt Blaze on behalf of Plaintiff re opposition [66-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/03/1996)	Aug. 30, 1996	Aug. 30, 1996 PACER
68	DECLARATION by Cindy A. Cohn on behalf of Plaintiff re opposition [66-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/03/1996)	Aug. 30, 1996	Aug. 30, 1996 PACER
69	SECOND DECLARATION by Cindy A. Cohn on behalf of Plaintiff re opposition [66-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/03/1996)	Aug. 30, 1996	Aug. 30, 1996 PACER
70	PROOF OF SERVICE by Plaintiff of declaration [69-1], declaration [68-1], declaration [67-1], opposition [66-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/03/1996)	Aug. 30, 1996	Aug. 30, 1996 PACER
71	OPPOSITION by defendant to plaintiff's motion for partial summary judgment [48-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/03/1996)	Aug. 30, 1996	Aug. 30, 1996 PACER
72	DECLARATION by Charles Ray on behalf of defendant re opposition [71-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/03/1996)	Aug. 30, 1996	Aug. 30, 1996 PACER
73	DECLARATION by Anthony J. Coppolino on behalf of defendant re opposition [71-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/03/1996)	Aug. 30, 1996	Aug. 30, 1996 PACER
74	NOTICE of hearing by Plaintiff setting hearing on motion for preliminary injunction on 11/1/96 at 10:30 a.m. [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/11/1996)	Sept. 11, 1996	Sept. 11, 1996 PACER
75	JOINT STATEMENT of undisputed facts by Plaintiff, defendant in support of motion for partial summary judgment [48-1], in support of motion for summary adjudication of issues [48-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/11/1996)	Sept. 11, 1996	Sept. 11, 1996 PACER
76	EVIDENTIARY OBJECTIONS by defendant to plaintiff's documentary exhibits and declarations [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/13/1996)	Sept. 13, 1996	Sept. 13, 1996 PACER
77	EXHIBIT list with plaintiff's objections and index of objections re: cross motions for summary judgment by Plaintiff [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/16/1996)	Sept. 13, 1996	Sept. 13, 1996 PACER
78	DECLARATION by Charles Ray on behalf of defendant [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/16/1996)	Sept. 13, 1996	Sept. 13, 1996 PACER
79	DECLARATION by Anthony J. Coppolino on behalf of defendant [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/16/1996)	Sept. 13, 1996	Sept. 13, 1996 PACER
80	DECLARATION by William P. Crowell on behalf of defendant [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/16/1996)	Sept. 13, 1996	Sept. 13, 1996 PACER
81	SECOND DECLARATION by William J. Crowell on behalf of defendant [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/16/1996)	Sept. 13, 1996	Sept. 13, 1996 PACER
82	REPORTER'S TRANSCRIPT; Date of proceedings: 6/5/96 (C/R: Diane E. Skillman) minutes [37-2] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/16/1996)	Sept. 13, 1996	Sept. 13, 1996 PACER
83	MINUTES: (C/R Carl Pline) that the motion for partial summary judgment [48-1] is submitted, that the motion for summary adjudication of issues [48-2] is submitted, that the motion for summary judgment [41-1] is submitted [3:95-cv-00582] (gba, COURT STAFF) (Entered: 09/24/1996)	Sept. 20, 1996	Sept. 20, 1996 PACER
84	LETTER dated 9/24/96 from Cindy A. Cohn confirming that the hearing on motion for preliminary injunction has been continued from 11/1/96 to 11/8/96. [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/04/1996)	Oct. 3, 1996	Oct. 3, 1996 PACER
85	NOTICE OF MOTION AND MOTION before Judge Marilyn H. Patel by Plaintiff for preliminary injunction with Notice set for 11/8/96 10:30 [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	Oct. 4, 1996	Oct. 4, 1996 PACER
86	MEMORANDUM of points and authorities by Plaintiff in support of motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	Oct. 4, 1996	Oct. 4, 1996 PACER
87	DECLARATION by Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	Oct. 4, 1996	Oct. 4, 1996 PACER
88	DECLARATION by Robert V. Prior on behalf of Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	Oct. 4, 1996	Oct. 4, 1996 PACER
89	DECLARATION by Margery B. Passett on behalf of Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	Oct. 4, 1996	Oct. 4, 1996 PACER
90	DECLARATION by John Wanat on behalf of Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	Oct. 4, 1996	Oct. 4, 1996 PACER
91	DECLARATION by Julie M. Smith on behalf of Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	Oct. 4, 1996	Oct. 4, 1996 PACER
92	DECLARATION by Julia F. Kogan on behalf of Plaintiff re motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	Oct. 4, 1996	Oct. 4, 1996 PACER
93	PROOF OF SERVICE by Plaintiff of order received [0-0], declaration [92-1], declaration [91-1], declaration [90-1], declaration [89-1], declaration [88-1], declaration [87-1], memorandum [86-1], motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	Oct. 4, 1996	Oct. 4, 1996 PACER
94	REPORTER'S TRANSCRIPT; Date of proceedings: 9/20/96 (C/R: Carl Pline) minutes [83-1] [3:95-cv-00582] (gba, COURT STAFF) (Entered: 10/07/1996)	Oct. 4, 1996	Oct. 4, 1996 PACER
	RECEIVED Proposed Order (Plaintiff) re: motion for preliminary injunction [85-1] [3:95-cv-00582] (gba, COURT STAFF)	Oct. 4, 1996	Oct. 4, 1996 PACER