1
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COMPLAINT against Federal Bureau of Investigation, United States Department of Justice. (Filing Fee $ 350.00, Receipt Number 465401020156)Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(rdz) (rdz). (Entered: 10/27/2011)
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Oct. 26, 2011
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Oct. 26, 2011
RECAP
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2
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(rdz) (Entered: 10/27/2011)
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Oct. 26, 2011
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Oct. 26, 2011
PACER
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3
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AFFIDAVIT OF SERVICE of Summons and Complaint. Federal Bureau of Investigation served on 10/27/2011, answer due 11/17/2011. Service was accepted by Henry Felix-General Counsel & Authorized Agent. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union. (Haddad, Richard) (Entered: 11/01/2011)
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Nov. 1, 2011
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Nov. 1, 2011
PACER
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4
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AFFIDAVIT OF SERVICE of Summons and Complaint. United States Department of Justice served on 10/27/2011, answer due 11/17/2011. Service was accepted by Steffon Edmonds-Mail Clerk & Authorized Agent. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union. (Haddad, Richard) (Entered: 11/01/2011)
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Nov. 1, 2011
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Nov. 1, 2011
PACER
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5
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AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by "Jane Doe", Civil Clerk and authorized agent for service of process upon US ATTORNEY for the SDNY. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (Haddad, Richard) (Entered: 11/01/2011)
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Nov. 1, 2011
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Nov. 1, 2011
PACER
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6
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NOTICE OF CASE ASSIGNMENT to Judge William H. Pauley, III. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 11/09/2011)
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Nov. 9, 2011
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Nov. 9, 2011
RECAP
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7
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SCHEDULING ORDER: (1) The Government's brief in support of its motion for summary judgment in 11 Civ. 6990 and in support of its motion for partial summary judgment in 11 Civ. 7562 shall be filed by February 1, 2012; (2) The New York Times' brief in support of its motion for summary judgment in 11 Civ. 6990 and the ACLU's brief in support of its motion for partial summary judgment in 11 Civ. 7562 shall be filed by February 24, 2012; Oral Argument set for 4/20/2012 at 11:00 AM before Judge William H. Pauley III. Status Report due by 1/13/2012. (3) The Government's reply shall be filed by March 16, 2012; (4) This Court will hear oral argument on April 20, 2012, at 11:00 a.m.; and (5) The parties in 11 Civ. 7562 shall submit a joint status report to the Court by January 13, 2012 or earlier. (Signed by Judge William H. Pauley, III on 11/18/2011) (ae) (Entered: 11/21/2011)
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Nov. 21, 2011
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Nov. 21, 2011
PACER
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8
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ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 11/23/2011 re: I write respectfully to request a one-week extension-from November 28, 2011 to December 5, 2011-of the Government's time to file an answer in the above-referenced case. ENDORSEMENT: Application granted. Federal Bureau of Investigation answer due 12/5/2011; United States Department of Justice answer due 12/5/2011. (Signed by Judge William H. Pauley, III on 11/29/2011) (lmb) (Entered: 11/29/2011)
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Nov. 29, 2011
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Nov. 29, 2011
PACER
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9
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ANSWER to 1 Complaint. Document filed by Federal Bureau of Investigation, United States Department of Justice.(Clopper, John) (Entered: 12/05/2011)
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Dec. 5, 2011
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Dec. 5, 2011
PACER
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10
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STIPULATION AND ORDER REGARDING FOIA REQUEST: Plaintiffs the American Civil Liberties Union and the American Civil Liberties Union Foundation and defendants Federal Bureau of Investigation and United States Department of Justice hereby stipulate to the following regarding plaintiffs' request made pursuant to the Freedom of Information Act, dated May 31, 2011 and subject to the above-captioned action: The FOIA Request is minted to documents memorializing the following: Legal opinions or memoranda concerning or interpreting Section 215 of the USA Patriot Act; Guidelines for government personnel regarding the use of Section 215; as further set forth in this Stipulation and Order. (Signed by Judge William H. Pauley, III on 12/9/2011) (mro) (Entered: 12/12/2011)
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Dec. 9, 2011
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Dec. 9, 2011
RECAP
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11
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ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 1/13/2012 re: The Government requests a one-week extension of time to provide an additional report to the Court regarding the status of the Government's searches for responsive records. ENDORSEMENT: Application granted. So ordered. (Signed by Judge William H. Pauley, III on 1/18/2012) (rjm) (Entered: 01/19/2012)
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Jan. 19, 2012
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Jan. 19, 2012
PACER
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12
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ENDORSED LETTER addressed to Judge William H Pauley from John D Clopper dated 1/26/2012 re: Request for the briefing schedule as set forth. ENDORSEMENT: Application granted. The proposed schedule is adopted. (NY Times and ACLUS Cross Motions due by 3/9/2012. Governement's Motion due by 2/22/2012. Government Reply due by 4/6/2012.) (Signed by Judge William H. Pauley, III on 1/27/2012) (cd) (Entered: 01/30/2012)
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Jan. 27, 2012
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Jan. 27, 2012
PACER
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13
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ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 2/1/2012 re: I write respectfully to inform the Court of an error in the Government's January 26, 2012 letter requesting an extension of the briefing schedule in these related cases. I respectfully request that the Court approve the corrected dates, as set forth.ENDORSEMENT: Application granted. The Court adopts the revised scheduled above. ( Cross Motions due by 3/16/2012., Motions due by 2/22/2012., Replies due by 4/6/2012.) (Signed by Judge William H. Pauley, III on 2/6/2012) (lmb) (Entered: 02/07/2012)
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Feb. 7, 2012
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Feb. 7, 2012
RECAP
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14
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MOTION for Partial Summary Judgment. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 02/27/2012)
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Feb. 27, 2012
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Feb. 27, 2012
PACER
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15
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MEMORANDUM OF LAW in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 02/27/2012)
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Feb. 27, 2012
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Feb. 27, 2012
RECAP
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16
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DECLARATION of Mark A. Bradley in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 02/27/2012)
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Feb. 27, 2012
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Feb. 27, 2012
PACER
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17
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NOTICE of Filing of Classified Document re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 02/27/2012)
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Feb. 27, 2012
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Feb. 27, 2012
PACER
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18
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ENDORSED LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated 3/2/201 re: counsel writes to request permission to file a corrected copy of the Unclassified Declaration of Mark A. Bradley on ECF. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 3/5/2012) (djc) Modified on 3/14/2012 (djc). (Entered: 03/06/2012)
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March 6, 2012
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March 6, 2012
RECAP
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19
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DECLARATION of Mark A. Bradley (Corrected) in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 03/07/2012)
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March 7, 2012
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March 7, 2012
RECAP
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20
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ENDORSED LETTER addressed to Judge William H. Pauley, III from Emily Daughtry dated 3/14/12 re: Counsel writes to request an extension of the Federal Bureau of Investigation's time to complete its processing of documents responsive to plaintiff American Civil Liberties Union's FOIA request in the above-referenced case, with a second interim production to be made on 4/15/12 and a final production to be made on 5/15/12. ENDORSEMENT: Application granted. So ordered. (Signed by Judge William H. Pauley, III on 3/19/2012) (mro) (Entered: 03/20/2012)
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March 20, 2012
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March 20, 2012
RECAP
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21
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ENDORSED LETTER addressed to Judge William H. Pauley, III from Alexander A. Abdo dated 3/16/12 re: Counsel requests a five day extension, from 3/21/12 to 3/26/12, for plaintiffs to file their briefs in support of their cross-motions for summary judgment. ENDORSEMENT: Application granted. So ordered. (Signed by Judge William H. Pauley, III on 3/19/2012) (mro) (Entered: 03/20/2012)
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March 20, 2012
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March 20, 2012
PACER
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22
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ENDORSED LETTER: addressed to Judge William H. Pauley from John D. Clopper and Emily E. Daughtry dated 3/22/2012 re: Counsel writes to clarify that, subject to the Court's approval, the parties have agreed that the Government's reply brief in the above referenced cases would be due on Monday, April 16, 2012, not Friday, April 13, 2012. ENDORSEMENT: Application Granted. So Ordered., ( Replies due by 4/16/2012.) (Signed by Judge William H. Pauley, III on 3/22/2012) (js) (Entered: 03/23/2012)
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March 22, 2012
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March 22, 2012
PACER
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23
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CROSS MOTION for Partial Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Haddad, Richard) (Entered: 03/26/2012)
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March 26, 2012
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March 26, 2012
PACER
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24
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MEMORANDUM OF LAW in Support re: 23 CROSS MOTION for Partial Summary Judgment., 14 MOTION for Partial Summary Judgment. Memorandum of Law in Support of Plaintiffs' Cross-Motion for Partial Summary Judgment and in Opposition to the Government's Motion for Partial Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Haddad, Richard) (Entered: 03/26/2012)
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March 26, 2012
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March 26, 2012
RECAP
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25
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SCHEDULING ORDER: Oral argument is rescheduled to May 4, 2012 at 10:30 a.m. (Signed by Judge William H. Pauley, III on 4/16/2012) (mro) (Entered: 04/17/2012)
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April 17, 2012
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April 17, 2012
PACER
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26
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ENDORSED LETTER addressed to Judge William H. Pauley III from John D. Clopper and Emily Daughtry dated 4/12/12 re: Counsel requests a one week extension, from 4/16/12 to 4/23/12, for the Government to file its reply brief. ENDORSEMENT: Application granted. So ordered. ( Replies due by 4/23/2012.) (Signed by Judge William H. Pauley, III on 4/16/2012) (mro) (Entered: 04/17/2012)
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April 17, 2012
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April 17, 2012
PACER
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27
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REPLY MEMORANDUM OF LAW in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Clopper, John) (Entered: 04/23/2012)
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April 23, 2012
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April 23, 2012
PACER
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28
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REPLY AFFIDAVIT of Mark Bradley in Support re: 14 MOTION for Partial Summary Judgment.. Document filed by United States Department of Justice. (Clopper, John) (Entered: 04/23/2012)
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April 23, 2012
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April 23, 2012
PACER
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29
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NOTICE of Withdrawal of Richard I. Haddad. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Haddad, Richard) (Entered: 05/07/2012)
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May 7, 2012
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May 7, 2012
PACER
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30
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NOTICE OF APPEARANCE by Stuart Andrew Youngs on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation (Youngs, Stuart) (Entered: 05/07/2012)
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May 7, 2012
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May 7, 2012
PACER
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31
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MEMORANDUM AND ORDER: For the foregoing reasons, the New York Times' motion for summary judgment and the ACLU's motion for partial summary judgment are denied. The Government's motions for summary judgment in the New York Times action and for partial summary judgment in the ACLU action are granted.The Clerk of the Court is directed to file this Memorandum & Order in both 11 Civ. 6990 and 11 Civ. 7562. The Clerk of the Court is further directed to terminate all pending motions in 11 Civ. 6990 and mark that case closed, and to terminate the motions pending at ECF Nos. 14 and 23 in 11 Civ. 7562.. (Signed by Judge William H. Pauley, III on 5/17/2012) (js) (Entered: 05/17/2012)
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May 17, 2012
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May 17, 2012
PACER
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32
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SCHEDULING ORDER: The parties are directed to appear for a Status Conference set for 7/9/2012 at 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 6/18/2012) (djc) (Entered: 06/19/2012)
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June 19, 2012
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June 19, 2012
RECAP
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33
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SCHEDULING ORDER: Counsel for the parties having appeared for a conference on July 9,2012, the following schedule is established on consent: The parties shall submit a proposed case management schedule to the Court by July 20,2012; The parties shall submit a joint status report to the Court by September 27,2012; and The parties are directed to appear for a status conference on October 5, 2012 at 10:00 a.m. SO ORDERED.Status Conference set for 10/5/2012 at 10:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 7/10/2012) (ama) (Entered: 07/11/2012)
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July 11, 2012
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July 11, 2012
RECAP
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34
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ENDORSED LETTER addressed to Judge William H. Pauley from John D. Clopper dated 7/20/2012 re: On behalf of both parties to propose a schedule for the Government to provide certain information to the American Civil Liberties Union("ACLU") regarding certain documents withheld by the Government pursuant to various exemptions of the Freedom of Information Act ("FOIA") in the above-referenced case. ENDORSEMENT: Application Granted. The Proposed schedule is adopted. SO ORDERED. (Signed by Judge William H. Pauley, III on 7/24/2012) (ama) (Entered: 07/25/2012)
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July 25, 2012
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July 25, 2012
RECAP
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35
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ENDORSED LETTER addressed to Judge William H. Pauley, III from Stuart A. Youngs dated 9/27/2012 re: We write on behalf of both parties pursuant to Your Honor's July 10, 2012 scheduling order to submit a joint status report on the above-captioned matter. In light of the following, we also write to respectfully request a one-month adjournment of the parties' status conference that is currently scheduled for October 5, 2012 at 10:00 a.m. ENDORSEMENT: Application granted. The Conference is rescheduled from October 5, 2012 to November 9, 2012 at 12:00 p.m. (Signed by Judge William H. Pauley, III on 10/4/2012) (djc) Modified on 10/5/2012 (djc). (Entered: 10/05/2012)
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Oct. 5, 2012
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Oct. 5, 2012
RECAP
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36
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ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 11/07/2012 re: I write respectfully On behalf of all parties to request an adjournment of the status conference currently scheduled tor Friday, November 9, 2012. Accordingly, the parties respectfully request that the Court reschedule the conference for Friday, November 30, 2012. ENDORSEMENT: Application Granted. The Conference is rescheduled to November 30, 2012 at 10:00 a.m. SO ORDERED., ( Status Conference set for 11/30/2012 at 10:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 11/14/2012) (ama) (Entered: 11/14/2012)
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Nov. 14, 2012
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Nov. 14, 2012
RECAP
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37
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SCHEDULING ORDER: The following schedule is established on consent. Defendants shall serve and file their motion for summary judgment by January 18, 2013; Plaintiffs shall serve and file their motion for summary judgment and their opposition to Defendants' motion by February 8, 2013; Defendants shall serve and file their opposition to Plaintiffs' motion and any reply by March 1, 2013; Plaintiffs shall serve and file any reply by March 15, 2013; and Motions due by 1/18/2013. Motions due by 2/8/2013. Responses due by 3/1/2013. Replies due by 3/15/2013. Oral Argument set for 4/12/2013 at 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 11/30/2012) (ja) (Entered: 12/03/2012)
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Dec. 3, 2012
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Dec. 3, 2012
RECAP
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38
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ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper and Emily Daughtry dated 1/16/2013 re: Defense counsels write to respectfully request a two-week extension from January 18, 2013 to February 1, 2013 for the Government to file its motion for summary judgment in the above-referenced case.The Government's brief in support of its motion for summary judgment shall be filed by February 1, 2013; The ACLU's brief in opposition to Government's motion and in support of its cross-motion for summary judgment shall be filed by March 1, 2013; The ACLU's reply brief shall be filed by April 5, 2013. The Government's reply in support of its motion for summary judgment and in opposition to the ACLU's cross-motion shall be filed by March 22, 2013; ENDORSEMENT: Application granted. The proposed revised schedule is adopted. This Court will hear oral argument on April 26, 2013 at 12:00 p.m. ( Responses due by 3/1/2013, Replies due by 2/22/2013.), ( Oral Argument set for 4/26/2013 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 1/24/2013) (ago) (Entered: 01/24/2013)
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Jan. 24, 2013
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Jan. 24, 2013
PACER
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39
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ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper and Emily Daughtry dated 1/30/2013 re: We write to request an additional one-week extension - from February 1, 2013 to February 8, 2013 - for the Government to file its motion for summary judgment in this case. If the Court grants the Government's request, the new schedule will be as follows: (1) The Government's brief in support of its motion for summary judgment shall befiled by February 8, 2013; (2) The ACLU's brief in opposition to the Government's motion and in support of its cross-motion for summary judgment shall be filed by March 8, 2013; (3) The Government's reply in support of its motion for summary judgment and in opposition to the ACLU's cross-motion shall be filed by March 22, 2013; (4) The ACLU's reply brief shall be filed by April 5, 2013. ENDORSEMENT: Application granted. The proposed revised schedule is adopted. (Responses due by 3/8/2013, Replies due by 4/5/2013.) (Signed by Judge William H. Pauley, III on 2/4/2013) (ft) (Entered: 02/04/2013)
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Feb. 4, 2013
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Feb. 4, 2013
PACER
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40
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MOTION for Summary Judgment. Document filed by Federal Bureau of Investigation, United States Department of Justice. Responses due by 3/8/2013(Clopper, John) (Entered: 02/08/2013)
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Feb. 8, 2013
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Feb. 8, 2013
PACER
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41
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MEMORANDUM OF LAW in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)
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Feb. 8, 2013
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Feb. 8, 2013
RECAP
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42
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NOTICE of Classified Filing re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)
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Feb. 8, 2013
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Feb. 8, 2013
PACER
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43
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DECLARATION of Mark Bradley in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)
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Feb. 8, 2013
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Feb. 8, 2013
RECAP
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44
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DECLARATION of Vanessa Brinkmann in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)
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Feb. 8, 2013
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Feb. 8, 2013
RECAP
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45
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DECLARATION of Emily E. Daughtry in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)
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Feb. 8, 2013
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Feb. 8, 2013
RECAP
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46
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DECLARATION of Paul P. Colborn in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)
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Feb. 8, 2013
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Feb. 8, 2013
RECAP
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47
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DECLARATION of David Hardy in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 02/08/2013)
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Feb. 8, 2013
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Feb. 8, 2013
RECAP
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48
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NOTICE of Withdrawal Of Stuart A. Youngs. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Youngs, Stuart) (Entered: 02/22/2013)
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Feb. 22, 2013
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Feb. 22, 2013
RECAP
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49
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ENDORSED LETTER addressed to Judge William H. Pauley III from Charles S. Sims, Esq. dated 2/25/2013 re: Plaintiffs respectfully request an extension of the briefing schedule. The Plaintiffs require additional time to complete their briefing due to the withdrawal of Stuart Youngs. Plaintiffs therefore request an extension as follows: (1) Plaintiffs' cross-motion for summary judgment and opposition to Defendants' motion for summary judgment shall be filed by 4/5/2013. (2) Defendants' opposition to Plaintiffs' cross-motion, and any replyin support of its motion for summary judgment, shall be filed by 4/26/2013. (3)Plaintiffs' reply brief shall be filed by 5/17/2013.ENDORSEMENT: Application granted. The proposed revised schedule is adopted. Oral argument is rescheduled to 5/31/2013 at 2:00 p.m. (Signed by Judge William H. Pauley, III on 3/7/2013) (sac) (Entered: 03/07/2013)
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March 7, 2013
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March 7, 2013
PACER
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50
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ENDORSED LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated 3/7/2013 re: We write respectfully to request leave to file the Supplemental Declaration of Mark A. Bradley (the "Supplemental Bradley Declaration"), dated March 7, 2013, in support of the Government's motion for summary judgment in the above-referenced case, filed on February 8, 2013. ENDORSEMENT: Application granted. So ordered. (Signed by Judge William H. Pauley, III on 3/12/2013) (rjm) Modified on 3/12/2013 (rjm). (Entered: 03/12/2013)
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March 12, 2013
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March 12, 2013
PACER
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51
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DECLARATION of Mark A. Bradley (Supplemental) in Support re: 40 MOTION for Summary Judgment.. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 03/12/2013)
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March 12, 2013
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March 12, 2013
RECAP
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52
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MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF STUART A. YOUNGS. Please withdraw the appearance of Stuart A Youngs as counsel of record for Plaintiffs American Civil Liberties Union and American Civil Liberties Union Foundation. Plaintiffs will continue to be represented by other attorneys at Proskauer Rose LLP who have appearances on file. ENDORSEMENT: So ordered. Attorney Stuart Andrew Youngs terminated. (Signed by Judge William H. Pauley, III on 3/18/2013). (rjm) (Entered: 03/18/2013)
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March 18, 2013
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March 18, 2013
PACER
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53
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ENDORSED LETTER addressed to Judge William H. Pauley, III from Charles S. Sims dated 3/29/2013 re: Plaintiffs request an extension of the briefing schedule: Plaintiffs' cross-motion for summary judgment and opposition to Defendants' motion for summary judgment shall be filed by May 3, 2013. Defendants' opposition to Plaintiffs' cross-motion, and any reply in support of its motion for summary judgment, shall be filed by May 23, 2013. Plaintiffs' reply brief shall be filed by June 7, 2013. ENDORSEMENT: Application granted. The proposed revised schedule is adopted. Oral argument is rescheduled to June 21, 2013 at 12:15 p.m. (Oral Argument set for 6/21/2013 at 12:15 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 4/12/2013) (sac) Modified on 4/15/2013 (sac). (Entered: 04/12/2013)
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April 12, 2013
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April 12, 2013
PACER
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54
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ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 4/22/2013 re: We write respectfully to request leave to file a supplemental declaration and index and limited additional briefing, no later than this Friday, April 26, 2013, in support of the Government's motion for summary judgment in the above-referenced case. I have spoken with counsel for the ACLU, who consents to this request, provided that the ACLU's due date for its brief be extended by one week, to May 10, 2013 (with the caveat that the ACLU may seek a short additional extension, depending on the nature of the Government's briefing). ENDORSEMENT: Application granted. So ordered. (Signed by Judge William H. Pauley, III on 4/24/2013). (rjm) (Entered: 04/24/2013)
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April 24, 2013
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April 24, 2013
PACER
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55
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DECLARATION of Mark A. Bradley in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C)(Clopper, John) (Entered: 04/26/2013)
1 Attachment A
View on RECAP
2 Attachment B
View on PACER
3 Attachment C
View on RECAP
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April 26, 2013
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April 26, 2013
RECAP
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56
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SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 04/26/2013)
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April 26, 2013
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April 26, 2013
RECAP
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57
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NOTICE of Supplemental Classified Filing re: 40 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 04/26/2013)
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April 26, 2013
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April 26, 2013
PACER
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58
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CROSS MOTION for Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Sims, Charles) (Entered: 05/10/2013)
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May 10, 2013
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May 10, 2013
PACER
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59
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MEMORANDUM OF LAW in Opposition re: 58 CROSS MOTION for Summary Judgment., 40 MOTION for Summary Judgment. Plaintiffs' Memorandum of Law In Support of Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Sims, Charles) (Entered: 05/10/2013)
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May 10, 2013
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May 10, 2013
RECAP
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60
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DECLARATION of Charles S. Sims in Opposition re: 40 MOTION for Summary Judgment.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1-2)(Sims, Charles) (Entered: 05/10/2013)
1 Exhibit 1-2
View on PACER
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May 10, 2013
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May 10, 2013
PACER
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61
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ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 5/21/2013 re: We write respectfully to request a three-week extension-from May 23, 2013 to June 13, 2013-for the Government to file its opposition to the ACLU's cross-motion for summary judgment in the above-referenced case. ENDORSEMENT: Application granted. Oral argument is rescheduled to July 11, 2013 at 10 a.m.. SO ORDERED. ( Responses due by 6/13/2013, Replies due by 6/13/2013.), ( Oral Argument set for 7/11/2013 at 10:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 5/22/2013) (rdz) (Entered: 05/23/2013)
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May 22, 2013
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May 22, 2013
PACER
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62
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ENDORSED LETTER addressed to Judge William H. Pauley, III from John D. Clopper dated 6/7/2013 re: We write respectfully in regard to the above-referenced case brought pursuant to the Freedom of Information Act ("FOIA") to request that the Court hold the parties' cross-motions for summary judgment in abeyance while the Government assesses the effect, if any, of certain recent events on this case. The Government proposes that the parties file a status report with the Court within 30 days. ENDORSEMENT: Application granted. The parties are directed to submit a status report within 30 days. So ordered. (Signed by Judge William H. Pauley, III on 6/7/2013). (rjm) (Entered: 06/10/2013)
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June 10, 2013
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June 10, 2013
RECAP
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63
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SCHEDULING ORDER: On June 10, 2013, this Court agreed to hold the parties' motions for summary judgment in abeyance pending Defendant's assessment of the effect on recent events on this action. Attached to this Order is a joint letter from the parties stating their respective positions on the appropriate next steps in this case. The Court will address this issue at the conference scheduled for July 25, 2013 at 12:00 p.m. before Judge William H. Pauley III in the related matter of ACLU v. Clapper, 13 Civ. 3994. (Signed by Judge William H. Pauley, III on 7/19/2013) (mro) (Entered: 07/22/2013)
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July 22, 2013
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July 22, 2013
PACER
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64
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NOTICE of Classified Filing. Document filed by United States Department of Justice. (Daughtry, Emily) (Entered: 07/31/2013)
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July 31, 2013
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July 31, 2013
PACER
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65
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TRANSCRIPT of Proceedings re: CONFERENCE held on 7/25/2013 before Judge William H. Pauley, III. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/6/2013. Release of Transcript Restriction set for 11/1/2013.(Rodriguez, Somari) (Entered: 07/31/2013)
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July 31, 2013
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July 31, 2013
PACER
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66
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/25/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 07/31/2013)
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July 31, 2013
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July 31, 2013
PACER
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67
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ORDER: The Court therefore adopts the following schedule: 1. The Government's reply in support of its motion for summary judgment and its opposition to the ACLU's motion for summary judgment is due September 10, 2013; 2. The ACLU's reply brief is due October 3, 2013; 3. The Court will hear oral argument on October 11, 2013 at 3:00 p.m. In the event the Government declassifies additional documents at issue in this litigation, this Court directs the Government to provide copies to the Court and the ACLU forthwith. (Responses due by 9/10/2013 Replies due by 10/3/2013. Oral Argument set for 10/11/2013 at 03:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/2/2013) (mro) (Entered: 08/02/2013)
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Aug. 2, 2013
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Aug. 2, 2013
PACER
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68
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LETTER addressed to Judge William H. Pauley III from John D. Clopper and Emily Daughtry dated 7/25/2013 re: Counsel writes to inform the Court that the Government learned of the ACLU's July 16, 2013, letter to the Court yesterday evening after the close of business. Document filed by Federal Bureau of Investigation, United States Department of Justice.(ft) Modified on 8/16/2013 (ft). (mro). (Entered: 08/16/2013)
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Aug. 11, 2013
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Aug. 11, 2013
RECAP
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69
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LETTER addressed to Judge William H. Pauley III from John D. Clopper and Emily Daughtry dated 7/26/2013 re: Counsel writes in response to the ACLU's letter of July 16, 2013. Document filed by Federal Bureau of Investigation, United States Department of Justice.(ft) (mro). (Entered: 08/16/2013)
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Aug. 11, 2013
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Aug. 11, 2013
RECAP
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70
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LETTER addressed to Judge William H. Pauley III from Jameel Jafer dated 7/29/2013 re: The Court should require the government to conclude its declassification review of the withheld FISC opinions by August 12 and its review of the remainder of the documents by September 12. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(ft) (Entered: 08/16/2013)
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Aug. 11, 2013
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Aug. 11, 2013
PACER
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73
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LETTER addressed to Judge William H. Pauley III from Jacqueline Coleman Snead dated 7/16/2013 re: Plaintiffs write to call the Court's attention to an order recently issued by the U.S. District Court for the District of Columbia in another FOIA suit. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(ft) (Entered: 08/19/2013)
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Aug. 11, 2013
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Aug. 11, 2013
PACER
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71
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ORDER withdrawing 40 Motion for Summary Judgment; withdrawing 58 Motion for Summary Judgment. The parties' summary judgment motions are withdrawn. The Clerk of Court is directed to strike the motions pending at docket entries 40 & 58. The Government will review the Foreign Intelligence Surveillance Court (FISC) Opinions at issue and release any segreable information not exempt under FOIA by September 10, 2013. The Government will review a second tranche of documents and release any segreable information not exempt under FOIA by October 10, 2013. The Government will review the remaining documents at issue, excluding the FISC orders in the final row of the Government's Vaughn index, and release any segreable information not exempt under FOIA by 10/31/2013. The parties will submit a status report to the Court by 11/8/2013. (Signed by Judge William H. Pauley, III on 8/16/2013) (tro) (Entered: 08/16/2013)
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Aug. 16, 2013
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Aug. 16, 2013
RECAP
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72
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LETTER addressed to Judge William H. Pauley, III from Emily Daughtry dated 8/6/13 re: In accordance with the Court's August 2, 2013, Order, the Government is providing the Court with copies of two documents that are responsive to the ACLU's FOIA request in the above-referenced case, as well as associated cover letters to Congress. They were provided to the ACLU on July 31, 2013. The Government has completed its declassification review of these two documents. (mro) (Entered: 08/19/2013)
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Aug. 19, 2013
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Aug. 19, 2013
RECAP
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74
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LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated September 12, 2013 re: Order of August 2, 2013. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 09/12/2013)
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Sept. 12, 2013
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Sept. 12, 2013
RECAP
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75
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STANDING ORDER M10-468: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding. (Signed by Judge Loretta A. Preska on 10/1/2013) ***Original Standing Order docketed in case no. 1:13-mc-00334-LAP, document no. 2 on 10/1/2013.***(tro) (Entered: 10/01/2013)
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Oct. 1, 2013
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Oct. 1, 2013
PACER
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76
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LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated November 25, 2013 re: Status Report. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 11/25/2013)
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Nov. 25, 2013
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Nov. 25, 2013
PACER
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77
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MEMO ENDORSEMENT on re: 76 Letter filed by United States Department of Justice. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 11/26/2013) (tro) (Entered: 11/26/2013)
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Nov. 26, 2013
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Nov. 26, 2013
RECAP
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78
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LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated November 26, 2013 re: Order of August 2, 2013. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 11/26/2013)
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Nov. 26, 2013
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Nov. 26, 2013
RECAP
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79
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LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated December 6, 2013 re: status report. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 12/06/2013)
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Dec. 6, 2013
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Dec. 6, 2013
PACER
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80
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MEMO ENDORSEMENT on re: 79 Letter filed by United States Department of Justice. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 12/17/2013) (mro) (Entered: 12/17/2013)
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Dec. 17, 2013
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Dec. 17, 2013
PACER
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81
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LETTER addressed to Judge William H. Pauley, III from Emily E. Daughtry dated January 31, 2014 re: status report. Document filed by Federal Bureau of Investigation, United States Department of Justice.(Daughtry, Emily) (Entered: 01/31/2014)
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Jan. 31, 2014
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Jan. 31, 2014
RECAP
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82
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ORDER: The following schedule is established on consent: (1) The Government will file its motion for summary judgment by April 4, 2014; (2) The ACLU will file its opposition to the Government's motion and its own motion for summary judgment by May 2, 2014; (3) The Government will file its reply and opposition brief by May 30, 2014; (4) The ACLU will file its reply brief by June 13, 2014; (5) This Court will hear oral argument on June 20, 2014 at 2:00 p.m., ( Motions due by 5/2/2014., Responses due by 5/30/2014,, Replies due by 6/13/2014.), ( Oral Argument set for 6/20/2014 at 02:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/11/2014) (lmb) (Entered: 03/11/2014)
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March 11, 2014
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March 11, 2014
RECAP
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83
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NOTICE OF APPEARANCE by Patrick Christopher Toomey on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Toomey, Patrick) (Entered: 03/12/2014)
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March 12, 2014
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March 12, 2014
PACER
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84
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MOTION for Summary Judgment. Document filed by Federal Bureau of Investigation, United States Department of Justice. Responses due by 5/2/2014(Clopper, John) (Entered: 04/04/2014)
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April 4, 2014
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April 4, 2014
PACER
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85
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MEMORANDUM OF LAW in Support re: 84 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 04/04/2014)
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April 4, 2014
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April 4, 2014
PACER
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86
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DECLARATION of John D. Clopper in Support re: 84 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 04/04/2014)
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April 4, 2014
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April 4, 2014
RECAP
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87
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DECLARATION of Jennifer L. Hudson in Support re: 84 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Exhibit Vaughn Index)(Clopper, John) (Entered: 04/04/2014)
1 Exhibit Vaughn Index
View on PACER
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April 4, 2014
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April 4, 2014
RECAP
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88
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NOTICE of Classified Filing re: 84 MOTION for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 04/04/2014)
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April 4, 2014
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April 4, 2014
PACER
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89
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NOTICE OF APPEARANCE by Brett Max Kaufman on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Kaufman, Brett) (Entered: 05/01/2014)
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May 1, 2014
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May 1, 2014
PACER
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90
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CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Sims, Charles) (Entered: 05/02/2014)
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May 2, 2014
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May 2, 2014
PACER
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91
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MEMORANDUM OF LAW in Support re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment., 84 MOTION for Summary Judgment. Plaintiffs' Memorandum of Law in Support of Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Sims, Charles) (Entered: 05/02/2014)
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May 2, 2014
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May 2, 2014
RECAP
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92
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DECLARATION of Charles S. Sims in Support re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1 to Sims Declaration, # 2 Exhibit 2 to Sims Declaration, # 3 Exhibit 3 to Sims Declaration, # 4 Exhibit 4 to Sims Declaration, # 5 Exhibit 5 to Sims Declaration)(Sims, Charles) (Entered: 05/02/2014)
1 Exhibit 1 to Sims Declaration
View on PACER
2 Exhibit 2 to Sims Declaration
View on PACER
3 Exhibit 3 to Sims Declaration
View on PACER
4 Exhibit 4 to Sims Declaration
View on PACER
5 Exhibit 5 to Sims Declaration
View on PACER
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May 2, 2014
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May 2, 2014
PACER
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93
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LETTER MOTION to Adjourn Conference addressed to Judge William H. Pauley, III from Emily E. Daughtry dated May 20, 2014. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 05/20/2014)
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May 20, 2014
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May 20, 2014
RECAP
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94
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ORDER granting 93 Letter Motion to Adjourn Conference. Application granted. The argument is adjourned to 7/18/2014 at 12 pm. Oral Argument set for 7/28/2014 at 12:00 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 5/23/2014) (cd) (Entered: 05/23/2014)
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May 23, 2014
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May 23, 2014
PACER
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95
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MEMORANDUM OF LAW in Opposition re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment. . Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 05/30/2014)
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May 30, 2014
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May 30, 2014
PACER
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96
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DECLARATION of Jennifer L. Hudson in Opposition re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 05/30/2014)
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May 30, 2014
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May 30, 2014
PACER
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97
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DECLARATION of Diane M. Janosek in Opposition re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment.. Document filed by Federal Bureau of Investigation, United States Department of Justice. (Clopper, John) (Entered: 05/30/2014)
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May 30, 2014
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May 30, 2014
PACER
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98
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REPLY MEMORANDUM OF LAW in Support re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment. . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Sims, Charles) (Entered: 06/13/2014)
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June 13, 2014
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June 13, 2014
PACER
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99
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DECLARATION of Charles S. Sims in Support re: 90 CROSS MOTION for Summary Judgment Notice of Plaintiffs' Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1 to Sims Declaration, # 2 Exhibit s 2-A, 2-B to Sims Declaration, # 3 Exhibit 3 to Sims Declaration, # 4 Exhibit 4 to Sims Declaration, # 5 Exhibit 5 to Sims Declaration, # 6 Exhibit 6 to Sims Declaration, # 7 Exhibit 7 to Sims Declaration, # 8 Exhibit 8 to Sims Declaration)(Sims, Charles) (Entered: 06/13/2014)
1 Exhibit 1 to Sims Declaration
View on PACER
2 Exhibit s 2-A, 2-B to Sims Declaration
View on PACER
3 Exhibit 3 to Sims Declaration
View on PACER
4 Exhibit 4 to Sims Declaration
View on PACER
5 Exhibit 5 to Sims Declaration
View on PACER
6 Exhibit 6 to Sims Declaration
View on PACER
7 Exhibit 7 to Sims Declaration
View on PACER
8 Exhibit 8 to Sims Declaration
View on PACER
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June 13, 2014
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June 13, 2014
RECAP
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100
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LETTER addressed to Judge William H. Pauley, III from Charles S. Sims dated 6/13/14 re: Pursuant to Rule III(F). Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Sims, Charles) (Entered: 06/13/2014)
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June 13, 2014
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June 13, 2014
PACER
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