Case: Smith v. Obama

2:13-cv-00257 | U.S. District Court for the District of Idaho

Filed Date: June 12, 2013

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On June 12, 2013, a private citizen Verizon Wireless subscriber filed this lawsuit in the U.S. District Court for the District of Idaho, under the Administrative Procedure Act and the Constitution, against the President, the Director of National Intelligence, the Director of the National Security Agency, the Secretary of Defense, the Attorney General of the U.S., and the Director of the Federal Bureau of Investigation. The plaintiff, represented by private counsel, asked the court for declarato…

On June 12, 2013, a private citizen Verizon Wireless subscriber filed this lawsuit in the U.S. District Court for the District of Idaho, under the Administrative Procedure Act and the Constitution, against the President, the Director of National Intelligence, the Director of the National Security Agency, the Secretary of Defense, the Attorney General of the U.S., and the Director of the Federal Bureau of Investigation. The plaintiff, represented by private counsel, asked the court for declaratory and injunctive relief, claiming that the government's search and seizure of her telephone records under Section 215 of the Patriot Act violated the First and Fourth Amendment and 5 U.S.C. § 706. Specifically, the plaintiff claimed that the NSA was monitoring and searching her telephone records without showing first that there was probable cause to believe that she was engaged in criminal behavior.

On November 7, 2013, the plaintiff filed an amended complaint. On December 20, 2013, the plaintiff filed a motion for a preliminary injunction. On January 24, 2014, the defendants filed a motion to dismiss for failure to state a claim and for lack of jurisdiction.

On June 3, 2014, Judge B. Lynn Winmill granted the defendants' motion to dismiss and denied the plaintiff's motion for injunctive relief. Judge Winmill wrote that there was no Fourth Amendment violation in this case based on precedent, citing the Supreme Court case of Smith v Maryland, 442 U.S. 735 (1979), in which the Supreme Court held that a person has no expectation of privacy in the telephone numbers that she dials. Smith v. Obama, 2014 WL 2506421 (D. Idaho June 3, 2014). Although the NSA's data gathering goes beyond the telephone numbers dialed, this is still not a violation of the Fourth Amendment because the Ninth Circuit had extended Smith v. Maryland's holding to cover call length and call time, as well. The Court noted, too, that other courts had already found that the NSA was not violating the Fourth Amendment. See A.C.L.U. v Clapper and U.S. v. Moalin, U.S. v. Moalin, 2013 WL 6079518 (S.D.Cal. 2013).

Plaintiffs appealed the decision on July 1, 2014. On March 22, 2016, the Ninth Circuit determined that the plaintiff’s claims pertaining to injunctive relief were moot as the USA Freedom Act of 2015 prohibited further bulk collection of metadata. Plaintiff’s claims pertaining to the data that the government had already collected were remanded to the district court and eventually voluntarily dismissed. The case is now closed.

Summary Authors

Jessica Kincaid (6/16/2014)

Justin Hill (11/26/2019)

Related Cases

Perez v. Clapper, Western District of Texas (2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4506090/parties/smith-v-obama/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Arnold, Ariana Wright (Idaho)

Berman, Marcia (District of Columbia)

Bowen, Brigham J. (Idaho)

Bressler, Steven Yale (Idaho)

Clopper, John Dalton (Idaho)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

2:13-cv-00257

Docket [PACER]

April 25, 2019

April 25, 2019

Docket
1

2:13-cv-00257

Complaint

June 12, 2013

June 12, 2013

Complaint
3

2:13-cv-00257

Amended Complaint

Nov. 7, 2013

Nov. 7, 2013

Complaint
27

2:13-cv-00257

Memorandum Decision {Granting defendants’ motion to dismiss and deny Smith’s motion for injunctive relief}

June 3, 2014

June 3, 2014

Order/Opinion

2013 WL 2013

32

2:13-cv-00257

Brief for Amici Curiae Senator Ron Wyden, Senator Mark Udall, and Senator Martin Heinrich in Support of Plaintiff-Appellant, Urging Reversal of the District Court

U.S. Court of Appeals for the Ninth Circuit

Sept. 9, 2014

Sept. 9, 2014

Pleading / Motion / Brief
38-1

2:13-cv-00257

Brief of Amici Curiae Electronic Privacy Information Center (EPIC) and Thirty-Three Technical Experts and Legal Scholars in Support of Appellant

U.S. Court of Appeals for the Ninth Circuit

Sept. 9, 2014

Sept. 9, 2014

Pleading / Motion / Brief
60

2:13-cv-00257

14-35555

Appellant's Reply Brief

U.S. Court of Appeals for the Ninth Circuit

Oct. 16, 2014

Oct. 16, 2014

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4506090/smith-v-obama/

Last updated Feb. 22, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0976-1027809.), filed by All Plaintiffs. (Attachments: # 1 Cover Sheet, # 2 Summons All Summonses Combined)(Smith, Peter)

1 Cover Sheet

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2 Summons All Summonses Combined

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June 12, 2013

June 12, 2013

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2

Summons Issued as to All Defendants (Print attached Summons for service.) (Attachments: # 1 Summons 2, # 2 Summons 3, # 3 Summons 4, # 4 Summons 5, # 5 Summons 6)(krb)

1 Summons 2

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2 Summons 3

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3 Summons 4

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4 Summons 5

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5 Summons 6

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June 17, 2013

June 17, 2013

PACER
3

AMENDED COMPLAINT against Keith B. Alexander, James R. Clapper, Charles T. Hagel, Eric H. Holder, Barack H. Obama, James B. Comey, filed by All Plaintiffs.(Smith, Peter)

Nov. 7, 2013

Nov. 7, 2013

RECAP
4

Civil Cover Sheet re 3 Amended Complaint filed by Anna Jo Smith. (Attachments: # 1 Summons Def Comey Summons)(Smith, Peter)

1 Summons Def Comey Summons

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Nov. 7, 2013

Nov. 7, 2013

PACER
5

Summons Issued as to James B. Comey, (Print attached Summons for service.) (jp)

Nov. 8, 2013

Nov. 8, 2013

RECAP
6

NOTICE of Appearance by James Jordan Gilligan on behalf of All Defendants (Gilligan, James)

Dec. 2, 2013

Dec. 2, 2013

RECAP
7

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Keith B. Alexander, James R. Clapper, James B. Comey, Charles T. Hagel, Eric H. Holder, Barack H. Obama, Anna Jo Smith re 1 Complaint, 6 Notice of Appearance. Consent/Objection to Magistrate due by 2/6/2014. (jp)

Dec. 3, 2013

Dec. 3, 2013

RECAP
8

MOTION for Preliminary Injunction Peter J Smith, IV appearing for Plaintiff Anna Jo Smith. Responses due by 1/13/2014 (Attachments: # 1 Memorandum in Support of Motion for a Preliminary Injunction, # 2 Affidavit of Anna J. Smith in Support of Motion for a Preliminary Injunction, # 3 Affidavit of Peter J. Smith in Support of Motion for a Preliminary Injunction, # 4 Exhibit 1 of Affidavit of Peter J. Smith IV, # 5 Exhibit 2 of Affidavit of Peter J. Smith IV, # 6 Exhibit 3 of Affidavit of Peter J. Smith IV, # 7 Exhibit 4 of Affidavit of Peter J. Smith IV, # 8 Exhibit 5 of Affidavit of Peter J. Smith IV)(Smith, Peter)

1 Memorandum in Support of Motion for a Preliminary Injunction

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2 Affidavit of Anna J. Smith in Support of Motion for a Preliminary Injunction

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3 Affidavit of Peter J. Smith in Support of Motion for a Preliminary Injunction

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4 Exhibit 1 of Affidavit of Peter J. Smith IV

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5 Exhibit 2 of Affidavit of Peter J. Smith IV

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6 Exhibit 3 of Affidavit of Peter J. Smith IV

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7 Exhibit 4 of Affidavit of Peter J. Smith IV

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8 Exhibit 5 of Affidavit of Peter J. Smith IV

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Dec. 20, 2013

Dec. 20, 2013

PACER
9

ORDER OF REASSIGNMENT the Clerk of the Court shall reassign this matter to a United States District Judge for all further proceedings. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

Dec. 23, 2013

Dec. 23, 2013

RECAP

DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge B. Lynn Winmill for all further proceedings. Judge Ronald E. Bush no longer assigned to case. Please use this case number on all future pleadings, 2:13-cv-257-BLW (jp)

Dec. 23, 2013

Dec. 23, 2013

PACER
11

RETURN MAIL undelivered as to Rodney Patton re: 7 Notice of Assignment (jp) (Entered: 01/07/2014)

Jan. 2, 2014

Jan. 2, 2014

RECAP
10

Joint MOTION for entry of briefing schedule and enlargement of page limits re 3 Amended Complaint, 8 MOTION for Preliminary Injunction James Jordan Gilligan appearing for Defendants Keith B. Alexander, James R. Clapper, James B. Comey, Charles T. Hagel, Eric H. Holder, Barack H. Obama, Plaintiff Anna Jo Smith. Responses due by 1/31/2014 (Gilligan, James)

Jan. 7, 2014

Jan. 7, 2014

RECAP
12

SCHEDULING ORDER granting 10 Joint Motion for a Briefing Schedule and Enlargement of Page Limitations. Up to 45 pages for Defendants' Combined Brief in Opposition to Plaintiff's Motion for a Preliminary Injunction and in Support of Defendants' Motion to Dismiss, to be filed not later than 1/24/14; Up to 45 pages for Plaintiff's Combined Reply in Support of Plaintiff's Motion for a Preliminary Injunction and Opposition to Defendants' Motion to Dismiss, to be filed not later than 2/21/14014; and Up to 25 pages for Defendants' Reply Brief in Support of Defendants' Motion to Dismiss, to be filed not later than 3/14/14. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) (Entered: 01/16/2014)

Jan. 15, 2014

Jan. 15, 2014

RECAP

Set/Reset Deadlines as to 8 MOTION for Preliminary Injunction . Per dkt 12 Responses due by 1/24/2014 Replies due by 2/21/2014. (jp)

Jan. 15, 2014

Jan. 15, 2014

PACER
13

DOCKET ENTRY NOTICE OF HEARING regarding 8 Motion for Preliminary Injunction: A Motion Hearing is set for 4/16/2014 at 2:00 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (jlg)

Jan. 17, 2014

Jan. 17, 2014

PACER
14

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 2/18/2014)James Jordan Gilligan appearing for Defendants Keith B. Alexander, James R. Clapper, James B. Comey, Charles T. Hagel, Eric H. Holder, Barack H. Obama. (Attachments: # 1 Memorandum in Support (Memorandum in Support of Defendants' Motion to Dismiss and in Opposition to Plaintiff's Motion for a Preliminary Injunction))(Gilligan, James)

1 Memorandum in Support (Memorandum in Support of Defendants' Motion to Dismi

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Jan. 24, 2014

Jan. 24, 2014

RECAP
15

MEMORANDUM in Opposition re 8 MOTION for Preliminary Injunction filed by Keith B. Alexander, James R. Clapper, James B. Comey, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III, Barack H. Obama. Replies due by 2/10/2014. (Attachments: # 1 Affidavit (Declaration of James J. Gilligan), # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R)(Gilligan, James) Modified on 2/21/2014 to link to dkt 14 (jp).

1 Affidavit (Declaration of James J. Gilligan)

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Exhibit P

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18 Exhibit Q

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19 Exhibit R

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Jan. 24, 2014

Jan. 24, 2014

RECAP

Set/Reset Deadlines as to 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . Per Order dkt 12, Responses due by 2/21/2014 Replies due by 3/14/2014. (jp)

Jan. 24, 2014

Jan. 24, 2014

PACER
16

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Plaintiff & Defendants. Consent/Objection to Magistrate due by 3/31/2014. (jp)

Jan. 27, 2014

Jan. 27, 2014

RECAP
17

MEMORANDUM in Opposition re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 8 MOTION for Preliminary Injunction Reply Brief filed by Anna Jo Smith. Replies due by 3/10/2014.(Smith, Peter)

Feb. 21, 2014

Feb. 21, 2014

RECAP
18

RETURN MAIL undelivered as to Rodney Patton re: 16 Notice of Availability Setting Deadline filed by Anna Jo Smith, James B. Comey, Keith B. Alexander, Charles T. Hagel, James R. Clapper, Barack H. Obama, Eric H. Holder. (st)

March 3, 2014

March 3, 2014

RECAP
19

NOTICE by Keith B. Alexander, James R. Clapper, James B. Comey, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III, Barack H. Obama (Notice Regarding Order of the Foreign Intelligence Surveillance Court) (Gilligan, James)

March 7, 2014

March 7, 2014

RECAP
20

NOTICE by Keith B. Alexander, James R. Clapper, James B. Comey, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III, Barack H. Obama (Defendants Corrected Notice Regarding Order of the Foreign Intelligence Surveillance Court) (Attachments: # 1 Exhibit, # 2 Exhibit)(Gilligan, James)

1 Exhibit

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2 Exhibit

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March 8, 2014

March 8, 2014

RECAP
21

REPLY to Response to Motion re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Keith B. Alexander, James R. Clapper, James B. Comey, Charles T. Hagel, Eric H. Holder, Robert S. Mueller, III, Barack H. Obama.(Gilligan, James)

March 14, 2014

March 14, 2014

RECAP

The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (jp)

April 1, 2014

April 1, 2014

PACER
22

DOCKET ENTRY NOTICE OF HEARING ON MOTIONS - The Court will hear oral argument regarding the following motions on 4/16/2014 at 2:00 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill: 8 Motion for Preliminary Injunction and 14 Motion to Dismiss. (jlg)

April 2, 2014

April 2, 2014

PACER
23

Joint MOTION To Reschedule and Relocate Motions Hearing James Jordan Gilligan appearing for Defendants Keith B. Alexander, James R. Clapper, James B. Comey, Charles T. Hagel, Eric H. Holder, Barack H. Obama, Plaintiff Anna Jo Smith. Responses due by 4/28/2014 (Gilligan, James)

April 4, 2014

April 4, 2014

RECAP
24

DOCKET ENTRY ORDER granting 23 Joint Motion to Vacate Hearing Date. The new hearing date shall be May 15, 2014, at 9:00 a.m. in the Federal Courthouse in Coeur d'Alene, Idaho. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)

April 10, 2014

April 10, 2014

PACER

Reset Hearing as to 14 Motion to Dismiss and 8 Motion for Preliminary Injunction pursuant to Order 24 . Motion Hearing reset for 5/15/2014 at 9:00 AM in Coeur d Alene - District Courtroom before Judge B. Lynn Winmill. (jlg)

April 14, 2014

April 14, 2014

PACER
25

NOTICE by Keith B. Alexander, James R. Clapper, James B. Comey, Eric H. Holder, Barack H. Obama of Recent Authority (Attachments: # 1 Exhibit (March 20, 2014 FISC Opinion & Order))(Gilligan, James)

1 Exhibit (March 20, 2014 FISC Opinion & Order)

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May 5, 2014

May 5, 2014

PACER
26

Minute Entry for proceedings held before Judge B. Lynn Winmill: Motion Hearing held on 5/15/2014 re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by James B. Comey, Keith B. Alexander, Charles T. Hagel, James R. Clapper, Barack H. Obama, Eric H. Holder, 8 MOTION for Preliminary Injunction filed by Anna Jo Smith. MOTIONS TAKEN UNDER ADVISEMENT. (Court Reporter/ESR Annie Williams.) (lp)

May 15, 2014

May 15, 2014

RECAP
27

MEMORANDUM DECISION. The Court will grant the defendants' motion to dismiss and deny Smith's motion for injunctive relief. The Court will issue a separate Judgment as required by Rule 58(a). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

June 3, 2014

June 3, 2014

RECAP
28

JUDGMENT. In accordance with the Memorandum Decision filed with this Judgment, NOW THEREFORE IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that the motion for injunction 8 is DENIED. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that the motion to dismiss 14 is GRANTED, and the Clerk is directed to close this case. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

June 3, 2014

June 3, 2014

RECAP
29

NOTICE OF APPEAL as to 28 Judgment, by Anna Jo Smith. Filing fee $ 505, receipt number 0976-1177889. (Notice sent to Court Reporter & 9th Cir) (Smith, Peter)(14-35555)

July 1, 2014

July 1, 2014

RECAP
30

TRANSCRIPT REQUEST by Anna Jo Smith for proceedings held on 5/15/2014 before Judge Winmill, re 29 Notice of Appeal (Notice sent by e-mail to Court Reporter) Transcript due by 9/2/2014. (Smith, Peter)

July 1, 2014

July 1, 2014

RECAP
31

USCA Case Number 14-35555 for 29 Notice of Appeal filed by Anna Jo Smith. (cjm)

July 1, 2014

July 1, 2014

RECAP
32

USCA Scheduling Order as to 29 Notice of Appeal filed by Anna Jo Smith. (Notice sent by e-mail to Court Reporter) (cjm)

July 1, 2014

July 1, 2014

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33

ORDER of USCA as to 29 Notice of Appeal filed by Anna Jo Smith (jp) (Entered: 07/15/2014)

July 14, 2014

July 14, 2014

RECAP
34

NOTICE of Change of Address by Peter J Smith, IV (Smith, Peter)

May 1, 2015

May 1, 2015

PACER
35

ORDER of USCA as to 29 Notice of Appeal filed by Anna Jo Smith (jp) (Entered: 06/04/2015)

June 3, 2015

June 3, 2015

PACER
36

ORDER of USCA as to 29 Notice of Appeal filed by Anna Jo Smith. Anna Smith's motion to amend the schedule for supplemental briefing is DENIED. (jp)

June 11, 2015

June 11, 2015

PACER
37

ORDER of USCA (14-35555) as to 29 Notice of Appeal filed by Anna Jo Smith. (st) (Entered: 07/28/2015)

July 27, 2015

July 27, 2015

PACER
38

ORDER of USCA as to 29 Notice of Appeal filed by Anna Jo Smith. The motion to become amicus filed on 7/22/15 is denied. (jp)

Aug. 4, 2015

Aug. 4, 2015

PACER
39

ORDER of USCA as to 29 Notice of Appeal filed by Anna Jo Smith. this case is resubmitted effective March 15, 2016 (jp) (Entered: 03/23/2016)

March 22, 2016

March 22, 2016

PACER
40

ORDER of USCA as to 29 Notice of Appeal filed by Anna Jo Smith. Appellant Smith's motion for judicial notice of the fact that Verizon Wireless has participated in the National Security Agencys phone records program is denied as moot. (jp) (Entered: 03/23/2016)

March 22, 2016

March 22, 2016

PACER
41

ORDER of USCA as to 29 Notice of Appeal filed by Anna Jo Smith. VACATED AND REMANDED. (jp) (cc: LC1) (Entered: 03/23/2016)

March 22, 2016

March 22, 2016

RECAP
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DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 4/14/2016 at 10:00 AM (MDT) with Judge B. Lynn Winmill's Law Clerk, Dave Metcalf. Plaintiff is directed to initiate the conference call. The Court can be reached at 208-334-9145. (jlb)

March 29, 2016

March 29, 2016

PACER
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DOCKET ENTRY ORDER The Courts staff held a telephone conference with all counsel this day. It was agreed that plaintiff shall notify opposing counsel and the Court (by email to dave_metcalf@id.uscourts.gov) within 14 days as to whether the plaintiff intends to continue to pursue this case. If the plaintiff decides to continue pursuing this case, the Court will hold a conference with counsel to determine the next step in the litigation. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)

April 14, 2016

April 14, 2016

PACER

Order

April 14, 2016

April 14, 2016

PACER
44

MANDATE of USCA as to 29 Notice of Appeal filed by Anna Jo Smith (jp)

May 17, 2016

May 17, 2016

RECAP
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Notice of Change of Address

April 25, 2019

April 25, 2019

PACER

Case Details

State / Territory: Idaho

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act -- Telephony Metadata

Multi-LexSum (in sample)

Key Dates

Filing Date: June 12, 2013

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A private citizen who is a Verizon Wireless subscriber.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Defense, Federal

National Security Agency, Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Confidentiality

Search policies

Terrorism/Post 9-11 issues