Case: In re National Security Agency Telecommunications Records Litigation

3:06-md-01791 | U.S. District Court for the Northern District of California

Filed Date: May 26, 2006

Clearinghouse coding complete

Case Summary

The Consolidation of Cases into 06-MD-1791On August 9, 2006, the Judicial Panel on Multi District Litigation (MDL Panel) created this matter, MDL No. 06-1791, and set its venue in the Northern District of California. Ultimately, the case consolidated approximately 40 total cases, including consumer class actions against telecom companies, cases against the U.S. government, and cases by the government against state officials. First, the MDL Panel consolidated the consumer class actions against t…

The Consolidation of Cases into 06-MD-1791

On August 9, 2006, the Judicial Panel on Multi District Litigation (MDL Panel) created this matter, MDL No. 06-1791, and set its venue in the Northern District of California. Ultimately, the case consolidated approximately 40 total cases, including consumer class actions against telecom companies, cases against the U.S. government, and cases by the government against state officials. First, the MDL Panel consolidated the consumer class actions against telecom companies because centralization under Section 1407 was necessary in order to eliminate duplicative discovery and prevent inconsistent pretrial rulings (particularly with respect to matters involving national security). At that time, the MDL Panel assigned Judge Vaughn R. Walker to handle the consolidated litigation. In re National Security Agency Telecommunications Records Litig., 444 F. Supp. 2d 1332, 1334 (Jud. Pan. Mult. Lit. 2006).

On May 26, 2006, California customers brought two state-law privacy suits in state court against telephone companies to enjoin the alleged disclosure to the National Security Agency (NSA) of telephone calling records (Riordan v. Verizon, 06-3574, and Campbell v. AT&T, 06-3596). The defendants removed the actions to the Northern District of California, and the cases were consolidated with the MDL. The customers moved to remand to state court. The government filed "statement of interest" in opposition to customers' motions to remand.

On January 18, 2007, Judge Walker denied the motions to remand. Judge Walker held that: (1) Stored Communications Act (SCA) did not completely preempt state-law privacy claim; (2) Foreign Intelligence Surveillance Act (FISA) did not completely preempt state-law claims; (3) federal common law did not completely preempt claims; (4) suits gave rise to federal jurisdiction under "embedded federal issue" doctrine; (5) suits gave rise to federal jurisdiction under federal officer removal statute; and (6) any remand would have been futile because of government's ability to intervene under California law and remove action. In re Nat'l Sec. Agency Telecommunications Records Litig., 483 F. Supp. 2d 934, 937 (N.D. Cal. 2007)

In February 2007, the MDL Panel transferred seven additional cases to the MDL. These included a class action suit by consumers against a telecom provider and suits by the U.S. as the plaintiff against defendant state officials in Missouri, Maine, New Jersey, Connecticut, and Vermont, seeking to enjoin them from investigating various telecom carriers concerning their alleged disclosure of customer telephone records for the NSA. The plaintiff in the suit against the telecom provider and the defendant state officials in the cases by the U.S. opposed the transfer, and the rest of the plaintiffs in the initially centralized actions joined in the motion. The MDL Panel denied the motion, reaffirming that these seven cases involved common questions of fact with the class actions previously centralized in the Northern District of California. In re NSA Telecommunications, 474 F.Supp.2d 1355.

In 2008, in the case Jewel v. National Security Agency, AT&T customers filed a class action lawsuit in the United States District Court for the Northern District of California against the United States. The plaintiffs, represented by public interest and private counsel, claimed that the defendants' electronic surveillance program violated the Fourth Amendment, First Amendment, separation of powers, the Foreign Intelligence Surveillance Act ("FISA"), the Wiretap Act, the Electronic Communications Privacy Act or the Stored Communications Act, and the Administrative Procedure Act. On October 28, 2008, Judge Walker related the case with Hepting v. AT&T, NS-CA-0004, in this Clearinghouse. The MDL Panel then consolidated the case as part of the multi-district litigation consolidation.

The Litigation

On July 20, 2006, Judge Walker denied motions by the government and telecom providers to dismiss the litigation on the grounds that it would reveal state secrets. Judge Walker held that the government could not rely on the state secrets privilege and that a telecom defendant could not assert immunity. The Court, however, certified the case for immediate appeal and the defendants appealed to the Ninth Circuit Court of Appeals. Hepting v. AT&T, 439 F. Supp. 2d 974 (N.D. Cal. 2006).

On February 20, 2007, Judge Walker granted media entities' motions to intervene in Hepting v. AT & T for the purpose of seeking to unseal judicial records in the MDL but denied their motions to unseal documents. In re Nat'l Sec. Agency Telecommunications Records Litig., MDL 06-1791 VRW, 2007 WL 549854 (N.D. Cal. Feb. 20, 2007).

On April 26, 2007, the Ninth Circuit consolidated the defendants' appeal in Hepting with a pending appeal in Al-Haramain v. Bush. However, on November 16, 2007, the Ninth Circuit severed the two cases from each other and ordered that the cases would no longer be consolidated for any purpose. Hepting v. AT&T, 508 F.3d 898, 899 (9th Cir. 2007). For more information on Al-Haramain, see NS-CA-0008, in this Clearinghouse. For the Hepting appeal, oral argument before the Ninth Circuit was heard in August 2007.

On July 24, 2007, Judge Walker denied the government's motion for summary judgment in the six cases where the government sought to enjoin state officials from investigating telecom companies concerning their alleged disclosure of customer telephone records to the NSA. Judge Walker held that (1) the government had the authority, despite lack of statutory authorization, to seek injunctive relief; (2) abstention under the Younger doctrine was not warranted; (3) investigations did not violate the doctrine of intergovernmental immunity; (4) federal law did not preempt state investigations; and (5) investigation did not infringe on foreign affairs power of the federal government. In re Nat'l Sec. Agency Telecommunications Records Litig., 633 F. Supp. 2d 892 (N.D. Cal. 2007).

On November 6, 2007, Judge Walker granted the plaintiffs' motion for an order prohibiting the alteration or destruction of evidence during the pendency of the MDL. In re Nat'l Sec. Agency Telecommunications Records Litig., MDL. 06-1791VRW, 2007 WL 3306579 (N.D. Cal. Nov. 6, 2007).

Prior to any Ninth Circuit decision, in July 2008, Congress enacted the FISA Amendments Act, which granted retroactive immunity to telecommunications companies for past violations of the Foreign Intelligence Surveillance Act ("FISA") provided that the Attorney General of the United States certified to the relevant U.S. District Court that the surveillance either did not occur, it was legal, or it was authorized by the president. The Ninth Circuit returned the case to the District Court in light of the new statute. Hepting v. AT&T, 539 F.3d 1157 (9th Cir. 2008).

The MDL on Remand to the District Court: Introduction

After the Ninth Circuit returned the consolidated case to the District Court, Attorney General Michael Mukasey filed the requisite statutory certification in September 2008, and the Government moved to dismiss all claims against telecom company defendants.

On June 3, 2009, Judge Walker issued two orders. In the first order, Judge Walker granted the Government's motion to dismiss all of the claims in the MDL against the telecom providers. The first order covered most of the consolidated cases, but excluded eleven of them, brought not against the telecom providers but by or against the federal government. In the second order, Judge Walker addressed six of the remaining cases, granting the U.S.'s motion for summary judgment. These were cases the U.S. had filed as the plaintiff against defendant state officials, seeking to enjoin them from investigating various telecommunications carriers concerning their alleged disclosure of customer telephone records for the NSA. After these dismissals, five cases remained, all brought against the federal government.

First June 3, 2009, Order Dismissing Many of the Cases against Telecom Companies

In the first order dated June 3, 2009, summarized above, Judge Walker granted the Government's motion to dismiss all claims in the MDL against the telecom providers based upon the retroactive immunity provision of the FISA Amendments Act. Judge Walker held that the amendments to FISA were constitutional, did not violate the separation of powers doctrine, did not violate due process, and did not violate the First Amendment. Judge Walker dismissed the plaintiffs' claims, but without prejudice, saying that the plaintiffs could re-file if there were evidence of improper surveillance that fell outside the telecoms' immunity period found in the FISA amendments, which extended from Sept. 11, 2001 to Jan. 7, 2007. In re Nat. Sec. Agency Telecommunications Records Litig., 633 F. Supp. 2d 949 (N.D. Cal. 2009). These plaintiffs appealed.

The plaintiffs in four of the dismissed cases filed a motion for reconsideration, by the same June 3 order, of the Bellsouth Master Consolidated Complaint. The movants asserted that there was "a manifest failure by the Court to consider material facts which were presented to the Court before the June 3 Order and which show that the above-captioned Complaints contain allegations outside the limited coverage of Section 802. Specifically, the movants cite allegations in the complaints at issue that actionable activities commenced in February of 2001. On July 20, 2009, Judge Walker denied the plaintiffs' motion for reconsideration of the June 3, 2009, order. The plaintiffs appealed the dismissal. In re Nat'l Sec. Agency Telecommunications Records Litig., MDL 06-1791 VRW, 2009 WL 2171061 (N.D. Cal. July 20, 2009).

On December 29, 2011, the U.S. Court of Appeals for the Ninth Circuit affirmed the District Court's dismissal of the cases against the telecom companies finding Section 802 constitutional. Judge M. Margaret McKeown wrote the opinion, and Judges Harry Pregerson and Michael Daly Hawkins joined. Judge McKeown held that the FISA Amendments Act of 2008, which granted retroactive immunity to telecommunications companies who assisted the NSA in monitoring telephone and internet traffic, violated neither the due process rights of litigants nor the separation of powers. Although Judge McKeown's opinion affirmed most of the district court's rulings, the Ninth Circuit disagreed with the district court's conclusion that the immunity provisions of Section 802 were temporally limited. In re Nat'l Sec. Agency Telecommunications Records Litig., 671 F.3d 881 (9th Cir. 2011). On October 9, 2012, the Supreme denied certiorari review.

Second June 3, 2009, Order Dismissing Six Other Cases

In the second June 3, 2009, order, Judge Walker granted the U.S.'s motion for summary judgment regarding six of the other cases--Clayton v, AT & T, U.S. v. Clayton, U.S. v. Reishus, U.S. v. Farber, U.S. v. Palermino, and U.S. v. Volz) Except for the first case, these were cases where the U.S. had filed as the plaintiff against defendant state officials, seeking to enjoin them from investigating various telecommunications carriers concerning their alleged disclosure of customer telephone records for the NSA. Judge Walker held that the amendments to FISA preempting state investigations did not violate the Tenth Amendment. In re Nat'l Sec. Agency Telecommunications Records Litig., 630 F. Supp. 2d 1092 (N.D. Cal. 2009).

At this point, five cases remained:

The Remaining Five Cases: Guzzi v. Bush, Center for Constitutional Rights v. Obama, Jewel v. NSA, McMurray v. Verizon, and Shubert v. Obama

McMurray v. Verizon

On January 13, 2009, the MDL Panel consolidated another case with the MDL as a tagalong action. This was a class action suit against telecom providers and the U.S. This case was not included in either of the June 3, 2009, orders. Instead, on July 27, 2009, Judge Walker granted the defendants' separate motions to dismiss this case. In re Nat'l Sec. Agency Telecommunications Records Litig., 2009 WL 2245693 (N.D. Cal. July 27, 2009). The plaintiffs appealed. The plaintiffs challenged Section 802 as an unconstitutional taking under the Fifth Amendment. The plaintiffs rested their takings claim on the theory that application of Section 802 required dismissal of their case and thereby negates their cause of action under various federal statutes.

On December 29, 2011, Judge McKeown against wrote for the Ninth Circuit and affirmed the district court's dismissal of the plaintiffs' takings clause claim for lack of jurisdiction. Judge McKeown held that there was no valid takings claim associated with the activity of the telecoms. In re Nat'l Sec. Agency Telecommunications Records Litig., 669 F.3d 928 (9th Cir. 2011).

Guzzi v. Bush

On March 5, 2010, Judge Walker dismissed Guzzi v. Bush after the parties agreed to a stipulation of dismissal.

CCR v. Obama

On January 31, 2011, Judge Walker dismissed Center for Constitutional Rights v. Obama, NS-CA-0005, in this Clearinghouse. The Court granted the government's motion for summary judgment because the plaintiffs failed to establish standing for any of their claims. The plaintiff appealed. On June 12, 2013, Judge McKeown again wrote for the Ninth Circuit and affirmed the district court's dismissal. In re Nat'l Sec. Agency Telecommunications Records Litig., 522 F. App'x 383 (9th Cir. 2013). The Court of Appeals relied on the Supreme Court's decision in Clapper v. Amnesty International, (133 S. Ct. 1138 (2013)), NS-NY-0006, in this Clearinghouse. On November 1, 2013, The Ninth Circuit denied rehearing, and on March 19, 2014, the U.S. Supreme Court denied certiorari review.

Continuing Litigation in Jewel v. NSA

As of the date of this summary, only two parts of the MDL continue - and they are no longer consolidated, though both remain in the Northern District of California, in front of the same district judge (no longer Judge Walker, because of his retirement from the bench). The two cases are Jewel v. NSA and Shubert v. Obama; Shubert v. Obama closed when Judge Jeffrey White granted summary judgment in favor of the defendants, and Jewel v. NSA is ongoing, since the plaintiffs appealed Judge White's grant of summary judgment in favor of the government in that case. For continued covered of Jewel v. NSA, see NS-CA-0002, in this Clearinghouse.

Summary Authors

Jessica Kincaid (7/1/2014)

Ellen Aldin (6/19/2020)

Related Cases

Center for Constitutional Rights v. Obama, Northern District of California (2006)

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

Shubert v. Obama, Northern District of California (2006)

Al-Haramain Islamic Foundation v. Bush, Northern District of California (2007)

Jewel v. National Security Agency, Northern District of California (2008)

People


Judge(s)

Hansen, David Rasmussen (Iowa)

Hawkins, Michael Daly (Arizona)

Jensen, Delwen Lowell (California)

McKeown, M. Margaret (California)

Miller, Robert Lowell Jr. (Indiana)

Motz, J. Frederick (Maryland)

Pregerson, Harry (California)

Scirica, Anthony Joseph (Pennsylvania)

Vratil, Kathryn Hoefer (Kansas)

Walker, Vaughn R. (California)

Judge(s)

Hansen, David Rasmussen (Iowa)

Hawkins, Michael Daly (Arizona)

Jensen, Delwen Lowell (California)

McKeown, M. Margaret (California)

Miller, Robert Lowell Jr. (Indiana)

Motz, J. Frederick (Maryland)

Pregerson, Harry (California)

Scirica, Anthony Joseph (Pennsylvania)

Vratil, Kathryn Hoefer (Kansas)

Walker, Vaughn R. (California)

Attorneys(s) for Plaintiff

Afran, Bruce I. (New Jersey)

Albies, Jessica Ashlee (Oregon)

Alger, Timothy L. (California)

Alton, Sam Jonathan (Missouri)

Bach, Sydney M (North Carolina)

Baden, Kimberly B (South Carolina)

Bankston, Kevin (California)

Barger, Darrell Lee (Texas)

Barnes, Todd C (Indiana)

Barnett, Alexander E. (New York)

Bechtold, Timothy M (Montana)

Becka, Daniel J (Illinois)

Beem, Marc Oliver (Illinois)

Bergman, Matthew Phineas (Washington)

Brick, Ann (California)

Brosnahan, James J. (California)

Brothers, D. Douglas (Texas)

Brown, Ari Y (Washington)

Carlson, James M (Illinois)

Carstarphen, Edward Morgan (Texas)

Cherry, Myron Milton (Illinois)

Cohn, Cindy A. (California)

DeLuca, Amato A. (Rhode Island)

DiMuzio, Elena Maria (California)

Donovan, Michael D (Pennsylvania)

Dulle, Joseph Richard (Missouri)

Eisenberg, Jon B. (California)

Eliasberg, Peter J. (California)

Emge, Derrick John (California)

Exnicios, Val Patrick (Louisiana)

Fastiff, Eric B (California)

Feeney, Daniel Martin (Illinois)

Finberg, James M. (California)

Flowers, Jodi W (South Carolina)

Fontenot, Amy Thomas (Louisiana)

Freeman, Zachary J (Illinois)

Friedman, Jeff D. (California)

George, R. James (Texas)

Gillespie, John Richard (Florida)

Goldberg, Cary Neal (Illinois)

Griffin, Edward Nelson (Maryland)

Grossman, Harvey (Illinois)

Hecht, F. Thomas (Illinois)

Hilliard, Robert C (Texas)

Himmelstein, Barry R. (California)

Irpino, Anthony D (Louisiana)

Isaacson, Eric Alan (California)

Jevic, Joseph G (Louisiana)

Johnson, Kelly Overstreet (Florida)

Kadidal, Shayana (New York)

Karsh, Joshua (Illinois)

Kathrein, Reed R. (California)

Kelly, Jennifer Lloyd (California)

Kierstead, Andrew S (Oregon)

Krislov, Clinton A. (Illinois)

Lagarde, Melanie G (Louisiana)

Laudig, Stephen (Indiana)

Maazel, Ilann M. (New York)

Mandel, Roger L (Texas)

Mason, Gary E. (District of Columbia)

Mass [inactive], Julia Harumi (California)

McSherry, Corynne (California)

Meunier, Gerald E (Louisiana)

Migliaccio, Nicholas A. (District of Columbia)

Migliori, Donald A (Rhode Island)

Moore, Thomas Edward III (California)

Morey, Candice J (California)

Morris, Maria V (California)

Mukasey, Michael B. (New York)

Olson, Karl (California)

O'Malley, Michael C (New York)

Opsahl, Kurt Bradford (California)

Ozer, Nicole A (California)

Park, Wendy Sangbee (California)

Parrett, Vincent Ian (South Carolina)

Pastore, Claire Iris (California)

Patterson, Robert J. (Texas)

Philippi, Michael James (Illinois)

Pulgram, Laurence F. (California)

Pulver, Adam R. (District of Columbia)

Ross, Michael J (Oregon)

Rossbach, William A (Montana)

Scarlett, Shana E. (California)

Schwartz, Adam D. (Illinois)

Schwarz, Steven Edward (Illinois)

Sipes, W. Russell (Indiana)

Slater, Christopher (Oregon)

Sobol, Michael W. (California)

Statland, Donald A (Illinois)

Sternlieb, David H (New Jersey)

St. Pierre, Michael Alan (Rhode Island)

Tien, Lee (California)

Traber, Theresa M. (California)

Turner, M. Steven (Florida)

Tyre, James Samuel (California)

Vander Vliet, William Joel (Illinois)

Voorhees, Bert (California)

Wagner, Nicholas JP (California)

Wasylyk, Peter (Rhode Island)

Watts, Mikal C (Texas)

Whitaker, Joshua G. (District of Columbia)

Whitfield, John C (Kentucky)

Wiebe, Richard R. (California)

Woods, Justin Israel (Louisiana)

Woodward, Martin Darren (Texas)

Zevin, Matthew Joseph (California)

Zolna, Jacie C. (Illinois)

Attorneys(s) for Defendant

Ahern, Paul Edward (District of Columbia)

Axelbaum, Marc H. (California)

Barr, William P. (District of Columbia)

Beisner, John (District of Columbia)

Berenson, Bradford Allan (District of Columbia)

Berman, Marcia (District of Columbia)

Boynton, Brian M (District of Columbia)

Brannen, Elizabeth Rogers (California)

Carroll, Catherine M.A. (District of Columbia)

Casey, Catherine J (Illinois)

Coppolino, Anthony J. (District of Columbia)

Ericson, Bruce A. (California)

Fahner, Tyrone C. (Illinois)

Feinberg, Aimee Athena (California)

Finnegan, Sheila Marie (Illinois)

Flanagan, Mark D (California)

Freeborne, Paul Gerald (District of Columbia)

Jain, Samir Chandra (District of Columbia)

Kenny, Michael P. (Georgia)

King, Jonathan D (Illinois)

Kruger, Leondra R. (District of Columbia)

McNicholas, Edward Robert (District of Columbia)

Milch, Randal S (New Jersey)

Mizer, Benjamin C. (Ohio)

Moss, Randolph Daniel (District of Columbia)

Odorizzi, Michelle L. (Illinois)

Orleans, Renee S. (District of Columbia)

Richert, Daniel John (California)

Salpeter, Alan Norris (Illinois)

Shumsky, Eric A. (District of Columbia)

Szabo, Susan Rochelle (California)

Tumlin−Bhattacharyya, Tracy Rupa (District of Columbia)

Weissmann, Henry (California)

Expert/Monitor/Master

Loy, John David (California)

Mass, Julia Harumi (California)

Perkinson, Jacob B (Vermont)

VanDerHout, Marc (California)

Documents in the Clearinghouse

Document

3:06-md-01791

Docket [PACER]

June 5, 2014

June 5, 2014

Docket

3:06-md-01791

Order

Hepting v. AT & T

439 F.Supp.2d 974

July 20, 2006

July 20, 2006

Order/Opinion

3:06-md-01791

Transfer Order

In re Nation Security Agency Telecommunications Records Litigation

444 F.Supp.2d 1332

Aug. 9, 2006

Aug. 9, 2006

Order/Opinion
130

3:06-md-01791

Order

In re Nation Security Agency Telecommunications Records Litigation

483 F.Supp.2d 934

Jan. 18, 2007

Jan. 18, 2007

Order/Opinion

3:06-md-01791

Transfer Order

In re Nation Security Agency Telecommunications Records Litigation

474 F.Supp.2d 1355

Feb. 15, 2007

Feb. 15, 2007

Order/Opinion
171

3:06-md-01791

Order

In re Nation Security Agency Telecommunications Records Litigation

2007 WL 549854

Feb. 20, 2007

Feb. 20, 2007

Order/Opinion
221

3:06-md-01791

Declassified Declaration of J. Michael McConnell, Director of National Intelligence

In re Nation Security Agency Telecommunications Records Litigation

April 20, 2007

April 20, 2007

Declaration/Affidavit
225

3:06-md-01791

Declassified Declaration of Lt. Gen. Keith B. Alexander, Director, National Security Agency

In re Nation Security Agency Telecommunications Records Litigation

April 20, 2007

April 20, 2007

Declaration/Affidavit
295-2

3:06-md-01791

In Camera, Ex Parte Declaration of J. Michael McConnell, Director of National Intelligence

May 24, 2007

May 24, 2007

Declaration/Affidavit
334

3:06-md-01791

Order

In re Nation Security Agency Telecommunications Records Litigation

633 F.Supp.2d 892

July 24, 2007

July 24, 2007

Order/Opinion

Docket

Last updated Aug. 29, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

TRANSFER ORDER from Judicial Panel on Multi District Litigation, pursuant to 28 U.S.C. 1407, that the action is transferred to the Northern District of California creating MDL No. 06−1791. (gsa, COURT STAFF) (Filed on 8/14/2006) Additional attachment(s) added on 10/5/2006 (gsa, COURT STAFF). (Entered: 08/16/2006)

Aug. 14, 2006

Aug. 14, 2006

CASE DESIGNATED for Electronic Filing. (gsa, COURT STAFF) (Filed on 8/14/2006) (Entered: 08/16/2006)

Aug. 14, 2006

Aug. 14, 2006

2

NOTICE of Appearance by Anthony Joseph Coppolino , United States Department of Justice, on behalf of Federal Defendants (Coppolino, Anthony) (Filed on 8/22/2006) (Entered: 08/22/2006)

Aug. 22, 2006

Aug. 22, 2006

3

NOTICE of Appearance by Andrew H Tannenbaum on behalf of the United States of America (Tannenbaum, Andrew) (Filed on 8/22/2006) (Entered: 08/22/2006)

Aug. 22, 2006

Aug. 22, 2006

4

NOTICE of Appearance by Alexander Kenneth Haas for the United States of America (Haas, Alexander) (Filed on 8/22/2006) (Entered: 08/22/2006)

Aug. 22, 2006

Aug. 22, 2006

11

ORDER Vacating Transfer Order signed by Wm. Terrell Hodges, Chairman, Judicial Panel on Multidistrict Litigation (gsa, COURT STAFF) (Filed on 8/24/2006) (Entered: 08/29/2006)

Aug. 24, 2006

Aug. 24, 2006

5

MOTION to Vacate Administrative Motion of ATTand Verizon Defendants to Vacate Pending Filing Deadlines in Cases Transferred by the Judicial Panel on Multidistrict Litigation filed by ATTCommunications of California, Inc., ATTOperations, Inc., Cellco Partnership, Illinois Bell Telephone Company, MCI, LLC, New Cingular Wireless Services, Inc., Pacific Bell Telephone Company, SBC Long Distance, LLC, Verizon Global Networks, Inc., Verizon Northwest, Inc., Verizon Wireless LLC, American Telephone &Telegraph Co., ATTCommunications, Inc., ATTCorp., ATTInc., Verizon Communications, Inc.. (Axelbaum, Marc) (Filed on 8/25/2006) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

6

Declaration of Marc H. Axelbaum in Support of 5 MOTION to Vacate Administrative Motion of ATTand Verizon Defendants to Vacate Pending Filing Deadlines in Cases Transferred by the Judicial Panel on Multidistrict Litigation filed byVerizon Global Networks, Inc., Verizon Northwest, Inc., Verizon Wireless LLC, American Telephone &Telegraph Co., ATTCommunications, Inc., ATTCorp., ATTInc., ATTCommunications of California, Inc., ATTOperations, Inc., Cellco Partnership, Illinois Bell Telephone Company, MCI, LLC, New Cingular Wireless Services, Inc., Pacific Bell Telephone Company, SBC Long Distance, LLC, Verizon Communications, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Related document(s) 5 ) (Axelbaum, Marc) (Filed on 8/25/2006) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

8

Proposed Order re 5 MOTION to Vacate Administrative Motion of ATTand Verizon Defendants to Vacate Pending Filing Deadlines in Cases Transferred by the Judicial Panel on Multidistrict Litigation by Verizon Global Networks, Inc., Verizon Northwest, Inc., Verizon Wireless LLC, American Telephone &Telegraph Co., ATTCommunications, Inc., ATTCorp., ATTInc., ATTCommunications of California, Inc., ATTOperations, Inc., Cellco Partnership, Illinois Bell Telephone Company, MCI, LLC, New Cingular Wireless Services, Inc., Pacific Bell Telephone Company, SBC Long Distance, LLC, Verizon Communications, Inc.. (Axelbaum, Marc) (Filed on 8/25/2006) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

9

CERTIFICATE OF SERVICE by Verizon Global Networks, Inc., Verizon Northwest, Inc., Verizon Wireless LLC, American Telephone &Telegraph Co., ATTCommunications, Inc., ATTCorp., ATTInc., ATTCommunications of California, Inc., ATTOperations, Inc., Cellco Partnership, Illinois Bell Telephone Company, MCI, LLC, New Cingular Wireless Services, Inc., Pacific Bell Telephone Company, SBC Long Distance, LLC, Verizon Communications, Inc. re 5 MOTION to Vacate Administrative Motion of ATTand Verizon Defendants to Vacate Pending Filing Deadlines in Cases Transferred by the Judicial Panel on Multidistrict Litigation (Axelbaum, Marc) (Filed on 8/25/2006) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

10

CLERK'S NOTICE Advising Counsel of Receipt of cases from the Eastern District of New York; District of Rhode Island; and the Southern District of California. (Attachments: # 1 Marck, et al −v− Verizon communications, Inc., et al; #(2) Mahoney −v− Verizon Communications; #(3) Mahoney −v− ATTCommunications; # 4 Bissit, et al −v− Verizon Communications, inc., et al; # 5 Souder −v− ATTcorp., et al) (rcs, COURT STAFF) (Filed on 8/28/2006) (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

12

CLERK'S NOTICE Advising Counsel of Receipt of Cases from the District of Montana and the Southern District of Texas. (Attachments: #(1) Fuller −v− Verizon Communications Inc., et al; #(2) Trevino, et al −v− ATTCorp., et al; #(3) Doberg −v− ATTCorp.) (rcs, COURT STAFF) (Filed on 8/30/2006) (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

13

Memorandum in Opposition to Administrative Motion of ATTand Verizon Defendants to Vacate Pending Filing Deadlines filed byTash Hepting, Gregory Hicks, Carolyn Jewel, Erik Knutzen. (Cohn, Cindy) (Filed on 8/30/2006) (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

14

Memorandum in Opposition re 5 MOTION to Vacate Administrative Motion of ATTand Verizon Defendants to Vacate Pending Filing Deadlines in Cases Transferred by the Judicial Panel on Multidistrict Litigation filed byElaine Spielfogel−Landis. (Himmelstein, Barry) (Filed on 8/30/2006) (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

15

Practice and Procedure Order. Signed by Chief Judge Walker on 8/31/06. (vrwlc2, COURT STAFF) (Filed on 8/31/2006) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

16

CLERK'S NOTICE Advising Counsel of Receipt of Cases from the Northern District of Illinois, District of Oregon, and Eastern District of Louisiana. (Attachments: #(1) Terkel, et al −v− ATTInc.; #(2) Hines, et al −v− Verizon Northwest, Inc., etal; #(3) Herron, et al −v− Verizon Global networks, Inc., et al) (rcs, COURT STAFF) (Filed on 8/31/2006) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

18

MOTION for leave to appear in Pro Hac Vice of Leondra R. Kruger filed by Verizon Global Networks, Inc., Verizon Northwest, Inc., Verizon Wireless LLC, Cellco Partnership, MCI, LLC, Verizon Communications, Inc.(a corporation), Verizon Communications, Inc.. (Attachments: # 1 Signature Page (Declarations/Stipulations))(Rogers, Elizabeth) (Filed on 9/1/2006) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

19

ORDER vacating pending filing deadlines by Chief Judge Walker granting 5 Motion to Vacate. (vrwlc2, COURT STAFF) (Filed on 9/1/2006) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

20

NOTICE of Appearance by Reed R. Kathrein (Kathrein, Reed) (Filed on 9/5/2006) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

21

NOTICE of Appearance by Shana Eve Scarlett (Scarlett, Shana) (Filed on 9/5/2006) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

22

NOTICE of Appearance by Maria V. Morris (Morris, Maria) (Filed on 9/5/2006) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

23

NOTICE of Appearance by Candace J. Morey Mitchell Zimmerman, Jennifer L. Kelley and Saina Shamilov (Morey, Candace) (Filed on 9/5/2006) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

24

NOTICE of Appearance by Jeff D Friedman (Friedman, Jeff) (Filed on 9/5/2006) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

MOTION for leave to appear in Pro Hac Vice − Leondra R. Kruger; Proposed Order filed by Verizon Global Networks, Inc., Verizon Northwest, Inc., Verizon Wireless LLC, Cellco Partnership, Verizon Communications, Inc.(a corporation), Verizon Communications, Inc., MCI, LLC. (gsa, COURT STAFF) (Filed on 9/5/2006) (Entered: 09/08/2006)

Sept. 5, 2006

Sept. 5, 2006

25

NOTICE of Appearance by Eric A. Isaacson (Isaacson, Eric) (Filed on 9/6/2006) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

26

CLERK'S NOTICE Advising Counsel of Receipt of the Action James C. Harrington, et al −v− ATTInc. from the Western District of Texas. (rcs, COURT STAFF) (Filed on 9/6/2006) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

27

CLERK'S NOTICE Advising Counsel of Receipt of the Action Steven Schwarz, et al −v− ATTCorp., et al from the Northern District of Illinois. (rcs, COURT STAFF) (Filed on 9/7/2006) (Entered: 09/07/2006)

Sept. 7, 2006

Sept. 7, 2006

28

MOTION for leave to appear in Pro Hac Vice of Benjamin C. Mizer filed by Verizon Global Networks, Inc., Verizon Northwest, Inc., Verizon Wireless LLC, Cellco Partnership, Verizon Communications, Inc.(a corporation), Verizon Communications, Inc., MCI, LLC, Verizon Communications, Inc., Verizon Communications, Inc.. (Attachments: # 1 Signature Page (Declarations/Stipulations))(Rogers, Elizabeth) (Filed on 9/7/2006) (Entered: 09/07/2006)

Sept. 7, 2006

Sept. 7, 2006

29

NOTICE of Appearance by Marc H. Axelbaum Notice of Appearance on Behalf of the ATTDefendants (Axelbaum, Marc) (Filed on 9/8/2006) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

Receipt for Application for Pro Hac Vice [#24] fee #3389813 from Benjamin C. Mizer in the amount of $210.00 (gsa, COURT STAFF) (Filed on 9/8/2006) (Entered: 09/12/2006)

Sept. 8, 2006

Sept. 8, 2006

30

NOTICE of Appearance by Karl Olson (Olson, Karl) (Filed on 9/13/2006) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

31

CERTIFICATE OF SERVICE by Associated Press, Bloomberg News, Los Angeles Times, San Francisco Chronicle, San Jose Mercury News, USA Today re 30 Notice of Appearance BY MAIL (Olson, Karl) (Filed on 9/13/2006) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

33

ORDER by Chief Judge Vaughn R Walker granting 18 Motion Application for Admission Pro Hac Vice of Leondra R. Kruger representing Verizon Communications et al. (cgd, COURT STAFF) (Filed on 9/14/2006) (Entered: 09/14/2006)

Sept. 14, 2006

Sept. 14, 2006

34

RESPONSE to ATs Response to August 14, 2006 Order in Hepting, Et al., v. ATTCorp., et al. (Dkt. No. 366) by ATTCorp., ATInc., ATTCommunications, Inc., ATTCorp., ATInc., ATTCorp., American Telephone and Telegraph Company, Bellsouth Communication Systems, LLC, BellSouth Telecommunications, Inc., ATTCorp., Illinois Bell Telephone Co., BellSouth Communications Systems, LLC, BellSouth Corp., BellSouth Telecomminications, Inc., American Telephone &Telegraph Co., ATTCommunications, Inc., ATTCorp., ATTInc., ATTCommunications of California, Inc., ATTOperations, Inc., Illinois Bell Telephone Company, New Cingular Wireless Services, Inc., Pacific Bell Telephone Company, SBC Long Distance, LLC, ATTCorp., ATTCommunications of California, ATTCorp., ATInc., ATTCorp., ATTInc., ATInc., ATTCorp., ATTOperations Inc., New Cingular Wireless Services, Inc., ATTCorp.(a New York corporation), ATTInc.(a Delaware corporation), SBC Long Distance, LLC(a Delaware limited liability company doing business as ATTLong Distance), Pacific Bell Telephone Company(a California corporation doing business as ATTCalifornia), ATTCommunications of California, Inc.(a California corporation). (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Axelbaum, Marc) (Filed on 9/15/2006) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

35

RESPONSE to Status Report of United States in Response to August 14, 2006 Order in Hepting action (06−cv−676) by George W. Bush, National Security Agency, United States Of America. (Coppolino, Anthony) (Filed on 9/15/2006) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

36

STATUS REPORT Pursuant to August 14, 2006 Order by Tash Hepting, Carolyn Jewel, Gregory Hicks, Erik Knutzen. (Cohn, Cindy) (Filed on 9/15/2006) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

37

Conditional Transfer Order signed by Jeffery N. Luthi, Clerk of the Panel (gsa, COURT STAFF) (Filed on 9/25/2006) (Entered: 09/27/2006)

Sept. 25, 2006

Sept. 25, 2006

38

CLERK'S NOTICE Advising Counsel of Receipt of Cases from the Southern District of Indiana and the Northern District of Georgia. (Attachments: #(1) Cross, et al −v− ATTCommunications, Inc., etal; #(2) Cross, et al −v− ATTCommunications, Inc., etal; #(3) Guzzi −v− Bush, et al; #(4) Pretrial Order No. 1) (rcs, COURT STAFF) (Filed on 10/3/2006) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

39

MOTION Scheduling Order filed by Tash Hepting. (Attachments: # 1 Exhibit ATs Answer)(Cohn, Cindy) (Filed on 10/3/2006) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

41

Conditional Transfer ORDER signed by Jeffery N. Luthi, Clerk of the Panel. (gsa, COURT STAFF) (Filed on 10/4/2006) (Entered: 10/06/2006)

Oct. 4, 2006

Oct. 4, 2006

40

CLERK'S NOTICE Advising Counsel of Receipt of Cases from the Western District of Washington and the District of Hawaii. (Attachments: #(1) Derosier −v− Cingular Wireless, et al; #(2) Crockett, et al −v− Verizon Wireless, et al) (rcs, COURT STAFF) (Filed on 10/5/2006) (Entered: 10/05/2006)

Oct. 5, 2006

Oct. 5, 2006

42

Memorandum in Opposition 67 Response of the United States to Hepting Plaintiffs' Administrative Motion for Scheduling Order filed byUnited States, Keith B. Alexander, George W. Bush, National Security Agency, United States of America, United States Of America. (Coppolino, Anthony) (Filed on 10/6/2006) Modified on 2/12/2007 (gsa, COURT STAFF). (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

43

*** FILED IN ERROR. PLEASE SEE DOCKET # 44 . *** REPLY to Response to Motion ATs Response to Hepting Plaintiffs' Administrative Motion for Scheduling Order (Dkt. 39) filed byATTCorp., ATInc., ATTCorp., ATInc., ATTCorp., ATTCorp., ATTCorp., ATTInc., ATTCorp., ATInc., ATTCorp., ATTInc., ATInc., ATTCorp., ATTCorp.(a New York corporation), ATTInc.(a Delaware corporation). (Attachments: # 1 Exhibit A, B and C)(Sorensen, Jacob) (Filed on 10/6/2006) Modified on 10/10/2006 (ewn, COURT STAFF). (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

44

Memorandum in Opposition re 39 MOTION Scheduling Order ATResponse to Hepting Plaintiffs' Administrative Motion for Scheduling Order (Dkt. 39) filed byATTCorp., ATInc., ATTCorp., ATInc., ATTCorp., ATTCorp., ATTCorp., ATTInc., ATTCorp., ATInc., ATTCorp., ATTInc., ATInc., ATTCorp., ATTCorp.(a New York corporation), ATTInc.(a Delaware corporation). (Attachments: # 1 Exhibit A, B, C)(Sorensen, Jacob) (Filed on 10/6/2006) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

45

CERTIFICATE OF SERVICE by ATTCorp., ATInc., ATTCorp., ATInc., ATTCorp., ATTCorp., ATTCorp., ATTInc., ATTCorp., ATInc., ATTCorp., ATTInc., ATInc., ATTCorp., ATTCorp.(a New York corporation), ATTInc.(a Delaware corporation) re 44 Memorandum in Opposition, ATs Response to Hepting Plaintiffs' Administrative Motion for Scheduling Order (Dkt. 39) (Ericson, Bruce) (Filed on 10/6/2006) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

46

CLERK'S NOTICE Advising Counsel of Receipt of Cases from the Northern District of Illinois and Western District of Kentucky. (Attachments: #(1) Waxman −v− ATTCorp.; #(2) Suchanek −v− Sprint Nextel Corp.) (rcs, COURT STAFF) (Filed on 10/10/2006) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

47

CLERK'S NOTICE Advising Counsel of Receipt of the Action Bready, et al −v− Verizon Maryland, Inc. from the District of Maryland. (rcs, COURT STAFF) (Filed on 10/10/2006) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

48

CLERK'S NOTICE Advising Counsel of Receipt of Cases from the Southern District of Florida, Western District of Michigan, and the Eastern District of Pennsylvania. (Attachments: #(1) Fortnash −v− ATTCorp.; #(2) Dubois, et al −v− ATTCorp., et al; #(3) Solomon −v− Verizon Communications, Inc.) (rcs, COURT STAFF) (Filed on 10/13/2006) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

49

ORDER by Chief Judge Walker setting initial case management conference for November 14, 2006, at 2:30pm (vrwlc2, COURT STAFF) (Filed on 10/16/2006). (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

Set Deadlines/Hearings: Case Management Statement due by 11/7/2006. Initial Case Management Conference set for 11/14/2006 02:30 PM. Location: Courtroom no. 6, 17th floor, 450 Golden Gate Ave., San Francisco, California. (cgd, COURT STAFF) (Filed on 10/16/2006) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

Set Deadlines/Hearings: Initial Case Management Conference set for 11/14/2006 02:30 PM. (gsa, COURT STAFF) (Filed on 10/16/2006) (Entered: 10/17/2006)

Oct. 16, 2006

Oct. 16, 2006

50

NOTICE of Voluntary Dismissal of McLeod USA Telecommunications Seervices, Inc. by Travis Cross (Attachments: # 1 Proposed Order Notice of Dismissal of McLeod USA Telecommunications Services, Inc.)(Sipes, W.) (Filed on 10/20/2006) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

51

Mail Returned as Undeliverable. Mail sent to John Beisner. (gsa, COURT STAFF) (Filed on 10/25/2006) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

52

CLERK'S NOTICE : YOU ARE NOTIFIED THAT the Initial Case Management Conference currently scheduled for November 14, 2006 has been continued to Friday, November 17, 2006 at 10:30 a.m. and shall follow the conditions set forth in the court's October 16, 2006 order (Doc #49). Please report to Courtroom #6, on the 17th floor at 450 Golden Gate Avenue, San Francisco, California. Case Management Conference set for 11/17/2006 10:30 AM. (cgd, COURT STAFF) (Filed on 10/31/2006) (Entered: 10/31/2006)

Oct. 31, 2006

Oct. 31, 2006

53

Mail Returned as Undeliverable. Mail sent to Donald A. Statland (order filed 10/16/06). (far, COURT STAFF) (Filed on 10/31/2006) (Entered: 11/01/2006)

Oct. 31, 2006

Oct. 31, 2006

54

MOTION to Substitute Attorney filed by Charter Communications, LLC. (Burke, Thomas) (Filed on 11/3/2006) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

56

Second MOTION to Substitute Attorney filed by Bright House Networks, LLC. (Burke, Thomas) (Filed on 11/3/2006) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

57

Letter from Jon B. Eisenberg Re: Potential Tag−Along Action Al−Haramain Islamic Foundation, Inc. v. Bush, No. CV−06−274−KI (District of Oregon). (Eisenberg, Jon) (Filed on 11/7/2006) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

58

CASE MANAGEMENT STATEMENT PLAINTIFFS' JOINT AND AGREED ORGANIZATION PLAN filed by Tash Hepting. (Attachments: # 1 Attachment A# 2 Attachment B# 3 Attachment B, Ex. A# 4 Attachment B, Ex. B# 5 Attachment B, Ex. C# 6 Attachment B, Ex. D# 7 Attachment B, Ex. E# 8 Attachment B, Ex. F# 9 Attachment B, Ex. G Part 1# 10 Attachment B, Ex. G Part 2# 11 Attachment B, Ex. H# 12 Attachment B, Ex. I# 13 Attachment B, Ex. J# 14 Attachment B, Ex. K# 15 Attachment B, Ex. L# 16 Attachment B, Ex. M)(Scarlett, Shana) (Filed on 11/7/2006) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

59

MOTION to Substitute Attorney filed by TDS Communications Solutions, Inc.. (Wadia, Cyrus) (Filed on 11/7/2006) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

60

CERTIFICATE OF SERVICE by TDS Communications Solutions, Inc. re 59 MOTION to Substitute Attorney (Wadia, Cyrus) (Filed on 11/7/2006) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

61

JOINT CASE MANAGEMENT STATEMENT filed by ATTCommunications, ATTTeleholdings, Cingular Wireless Corporation, Cingular Wireless LLC, Illinois Bell, Indiana Bell, New Cingular Wireless Services, Inc., Pac Bell Telephone Co., SBC Communications, ATTInc., ATTCommunications of California, ATTCorp., ATTOperations Inc., SBC Long Distance, LLC(a Delaware limited liability company doing business as ATTLong Distance). (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Axelbaum, Marc) (Filed on 11/7/2006) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

62

*** FILED IN ERROR. PLEASE SEE DOCKET # 63 . *** CERTIFICATE OF SERVICE by ATTCommunications, ATTTeleholdings, Cingular Wireless Corporation, Cingular Wireless LLC, Illinois Bell, Indiana Bell, Pac Bell Telephone Co., SBC Communications, New Cingular Wireless Services, Inc., ATTCommunications of California, ATTCorp., ATTOperations Inc., ATTInc.(a Delaware corporation), SBC Long Distance, LLC(a Delaware limited liability company doing business as ATTLong Distance) re 61 Case Management Statement (Joint), Case Management Statement (Joint), Case Management Statement (Joint) (Ericson, Bruce) (Filed on 11/8/2006) Modified on 11/9/2006 (ewn, COURT STAFF). (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

63

CERTIFICATE OF SERVICE by ATTCorp., ATTTeleholdings, Cingular Wireless Corporation, Cingular Wireless LLC, Illinois Bell, Indiana Bell, Pac Bell Telephone Co., SBC Communications, ATTCommunications, Inc., ATTInc., ATTOperations, Inc., New Cingular Wireless Services, Inc., ATTCommunications of California, SBC Long Distance, LLC(a Delaware limited liability company doing business as ATTLong Distance) re 61 Case Management Statement (Joint), Case Management Statement (Joint), Case Management Statement (Joint) (Ericson, Bruce) (Filed on 11/8/2006) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

64

CLERK'S NOTICE Advising Counsel of Receipt of the Case D. Clive Hardy −v− ATTCorp. from the Eastern District of Louisiana. (rcs, COURT STAFF) (Filed on 11/8/2006) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

65

Proposed Order re 59 MOTION to Substitute Attorney by TDS Communications Solutions, Inc.. (Black, E.) (Filed on 11/8/2006) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

66

CERTIFICATE OF SERVICE by TDS Communications Solutions, Inc. re 65 Proposed Order, 59 MOTION to Substitute Attorney (Black, E.) (Filed on 11/8/2006) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

67

MOTION to Stay MDL Proceedings filed by Keith B. Alexander, George W. Bush, National Security Agency, United States Of America. Motion Hearing set for 1/11/2007 02:00 PM in Courtroom 6, 17th Floor, San Francisco. (Attachments: # 1 Exhibit A (Order granting interlocutory appeal in Hepting v. ATT(Nov. 7, 2006)))(Tannenbaum, Andrew) (Filed on 11/8/2006) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

68

ERRATA re 67 MOTION to Stay MDL Proceedings by Keith B. Alexander, George W. Bush, National Security Agency, United States Of America. (Tannenbaum, Andrew) (Filed on 11/9/2006) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

69

CERTIFICATE OF SERVICE by Keith B. Alexander, George W. Bush, National Security Agency, United States Of America re 67 MOTION to Stay MDL Proceedings (Tannenbaum, Andrew) (Filed on 11/9/2006) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

70

NOTICE of Appearance by John G. Kester (Kester, John) (Filed on 11/10/2006) (Entered: 11/10/2006)

Nov. 10, 2006

Nov. 10, 2006

71

CERTIFICATE OF SERVICE by Sprint Communications Company L.P., Sprint Spectrum L.P., Sprint Nextel Corporation re 70 Notice of Appearance (Kester, John) (Filed on 11/10/2006) (Entered: 11/10/2006)

Nov. 10, 2006

Nov. 10, 2006

72

ORDER granting application of Adam S. Caldwell to appear and participate as counsel pro hac vice representing Charter Communications Inc. Signed by Chief Judge Vaughn R Walker on 11/15/2006. (cgd, COURT STAFF) (Filed on 11/16/2006) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

73

ORDER granting application of Elizabeth A. Drogula to appear and participate as counsel pro hac vice representing Charter Communications Inc. Signed by Chief Judge Vaughn R Walker on 11/15/2006. (cgd, COURT STAFF) (Filed on 11/16/2006) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

74

ORDER granting application of John D. Seiver to appear and participate as counsel pro hac vice representing Charter Communications Inc. Signed by Chief Judge Vaughn R Walker on 11/15/2006. (cgd, COURT STAFF) (Filed on 11/16/2006) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

76

Minute Entry: Initial Case Management Conference held on 11/17/2006 before Chief Judge Vaughn R Walker and set the following schedule: All parties to show cause in writing why the Hepting order should not apply to all cases and claims to which the government asserts the state secrets privilege: 12/14/2006. Hearing on motions to remand brought by plaintiffs in Riordan (06−3574), Campbell (06−3596), Chulsky (06−2530) and Bready (06−6313): 12/21/2006 at 2:00 PM. Hearing on media intervenors' motions to unseal documents in Hepting (06−0672): 12/21/2006 at 2:00 PM. Master Complaints to be served and filed by Plaintiffs: 1/8/2007. Hearing on the government's motion for a stay pending disposition of interlocutory appeal in Hepting: 2/1/2007 at 2:00 PM. Hearing on the court's Order to Show Cause: 2/1/2007 at 2:00 PM. (Court Reporter Connie Kuhl.) (cgd, COURT STAFF) (Date Filed: 11/17/2006) (Entered: 11/21/2006)

Nov. 17, 2006

Nov. 17, 2006

Set/Reset Hearings: Motions Hearing set for 12/21/2006 02:00 PM. Order to Show Cause Hearing set for 2/1/2007 02:00 PM. in Courtroom 6, 17th Floor, San Francisco. (cgd, COURT STAFF) (Filed on 11/17/2006) (Entered: 11/21/2006)

Nov. 17, 2006

Nov. 17, 2006

78

AMENDED Minute Entry: Initial Case Management Conference held on 11/17/2006 before Chief Judge Vaughn R Walker. (Court Reporter Connie Kuhl.) (cgd, COURT STAFF) (Date Filed: 11/17/2006) (Entered: 11/22/2006)

Nov. 17, 2006

Nov. 17, 2006

75

Mail Returned as Undeliverable. Mail sent to Daniel J. Becka. (gsa, COURT STAFF) (Filed on 11/20/2006) (Entered: 11/21/2006)

Nov. 20, 2006

Nov. 20, 2006

77

TRANSCRIPT of Proceedings held on 11/17/2006 before Judge Vaughn R. Walker. Court Reporter: Connie Kuhl.. (gsa, COURT STAFF) (Filed on 11/21/2006) (Entered: 11/22/2006)

Nov. 21, 2006

Nov. 21, 2006

79

ORDER on case management conference. Signed by Chief Judge Walker on 11/22/06. (vrwlc2, COURT STAFF) (Filed on 11/22/2006) (Entered: 11/22/2006)

Nov. 22, 2006

Nov. 22, 2006

81

Conditional Transfer ORDER (CTO−5). Signed by Jeffery N. Luthi, Clerk of the Panel. (gsa, COURT STAFF) (Filed on 11/27/2006) (Entered: 11/30/2006)

Nov. 27, 2006

Nov. 27, 2006

82

STIPULATION Re: Briefing Schedule for Motion to Stay [Dkt. 67−69]; and [Proposed] Order by American Telephone and Telegraph Company, ATTTeleholdings, Inc., Cingular Wireless, LLC, ATTCommunications, ATTTeleholdings, Cingular Wireless Corporation, Cingular Wireless LLC, New Cingular Wireless Services, Inc., Pac Bell Telephone Co., SBC Communications, American Telephone &Telegraph Co., ATTCommunications, Inc., New Cingular Wireless Services, Inc., Pacific Bell Telephone Company, SBC Long Distance, LLC, ATTCommunications of California, ATTCorp., ATInc., ATTInc., ATTOperations Inc., New Cingular Wireless Services, Inc., SBC Long Distance, LLC(a Delaware limited liability company doing business as ATTLong Distance), Pacific Bell Telephone Company(a California corporation doing business as ATTCalifornia), ATTCommunications of California, Inc.(a California corporation). (Ericson, Bruce) (Filed on 12/1/2006) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

83

CERTIFICATE OF SERVICE by American Telephone and Telegraph Company, ATTTeleholdings, Inc., Cingular Wireless, LLC, ATTCommunications, ATTTeleholdings, Cingular Wireless Corporation, New Cingular Wireless Services, Inc., Pac Bell Telephone Co., SBC Communications, American Telephone &Telegraph Co., ATTCommunications, Inc., ATTOperations, Inc., New Cingular Wireless Services, Inc., SBC Long Distance, LLC, ATTCommunications of California, ATTCorp., ATInc., ATTInc., New Cingular Wireless Services, Inc., SBC Long Distance, LLC(a Delaware limited liability company doing business as ATTLong Distance), Pacific Bell Telephone Company(a California corporation doing business as ATTCalifornia), ATTCommunications of California, Inc.(a California corporation) re 82 Stipulation,,, Re: Briefing Schedule for Motion to Stay [Dkt. 67−69]; and [Proposed] Order (Ericson, Bruce) (Filed on 12/1/2006) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

84

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7−3.d in Support of Defendants' Opposition to Plaintiffs' Motion for Remand filed byATTCommunications of California, ATTCorp., ATTInc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Ericson, Bruce) (Filed on 12/4/2006) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

85

STIPULATION of Dismissal re 3:06−cv−06222−VRW by TDS Communications Solutions, Inc.. (Attachments: # 1 Proposed Order)(Wadia, Cyrus) (Filed on 12/14/2006) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

86

STIPULATION of Dismissal re 3:06−cv−06224−VRW by TDS Communications Solutions, Inc.. (Attachments: # 1 Proposed Order)(Wadia, Cyrus) (Filed on 12/14/2006) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

87

CERTIFICATE OF SERVICE by TDS Communications Solutions, Inc. re 85 Stipulation of Dismissal, 86 Stipulation of Dismissal (Black, E.) (Filed on 12/14/2006) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

88

STATUS REPORT re Plaintiffs' List of Interim Class Counsel for Each Defendant Category by Tash Hepting. (Cohn, Cindy) (Filed on 12/15/2006) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

89

STIPULATION AND ORDER (Relates to C06−6222 Cross v ATPursuant to Rule 41(a)(1) of the FRCP, the parties stipulate to dismissal as to only of defendant TDS Communications Solutions Inc, without prejudice, each party will bear its own costs and attorneys' fees. Signed by Chief Judge Vaughn R Walker on 12/18/2006. (cgd, COURT STAFF) (Filed on 12/18/2006) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

90

STIPULATION AND ORDER (Relates to C06−6224 Cross v ATPursuant to Rule 41(a)(1), the parties stipulate to dismissal without prejudice as to only defendant TDS Communications Solutions Inc, each party will bear its own attorneys' fees. Signed by Chief Judge Vaughn R Walker on 12/18/2006. (cgd, COURT STAFF) (Filed on 12/18/2006) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

91

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7−3.d Plaintiffs' Joint Statement of Recent Decisions in Support of Motions for Remand filed byDennis P. Riordan, Tom Campbell. (Attachments: # 1 Exhibit 1# 2 Exhibit

Dec. 18, 2006

Dec. 18, 2006

93

ORDER by Chief Judge Vaughn R Walker granting Application for Admission Pro Hac Vice of LEONDRA R. KRUGER. (cgd, COURT STAFF) (Filed on 12/19/2006) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

94

MOTION for Administrative Relief filed by Christopher Bready. Motion Hearing set for 1/25/2007 02:00 PM in Courtroom 6, 17th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Whitaker, Joshua) (Filed on 12/19/2006) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

95

CERTIFICATE OF SERVICE by Christopher Bready re 94 MOTION for Administrative Relief (Whitaker, Joshua) (Filed on 12/19/2006) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

97

Transfer Order signed by William Terrell Hodges, Chairman, Judicial Panel on Multidistrict Litigation. (gsa, COURT STAFF) (Filed on 12/19/2006) (Entered: 12/21/2006)

Dec. 19, 2006

Dec. 19, 2006

96

Proposed Order in the Hepting action by Keith B. Alexander, George W. Bush, National Security Agency, United States of America, United States Of America. (Coppolino, Anthony) (Filed on 12/20/2006) (Entered: 12/20/2006)

Dec. 20, 2006

Dec. 20, 2006

108

Minute Entry: Motions Hearing held on 12/21/2006 before Chief Judge Vaughn R Walker (Date Filed: 12/21/2006). (Court Reporter Connie Kuhl.) (cgd, COURT STAFF) (Date Filed: 12/21/2006) (Entered: 12/29/2006)

Dec. 21, 2006

Dec. 21, 2006

98

RESPONSE in Support re 67 MOTION to Stay MDL Proceedings filed bySprint Nextel Corporation. (Kester, John) (Filed on 12/22/2006) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

99

RESPONSE in Support re 67 MOTION to Stay MDL Proceedings filed byComcast Telecommunications, Inc.. (Soriano, Christopher) (Filed on 12/22/2006) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

Case Details

State / Territory: California

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act -- Telephony Metadata

Foreign Intelligence Surveillance Act—Internet Metadata

Key Dates

Filing Date: May 26, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs in this consolidated multi district litigation include: telecom consumers who filed class actions against telecom companies, telecom consumers and organization who filed against the U.S. government, and the U.S. government who filed against state officials investigating the telecom companies.

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU of Northern California

ACLU of Southern California

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Verizon Communications, Inc., Private Entity/Person

Verizon Global Networks, Inc., Private Entity/Person

Verizon Northwest, Inc., Private Entity/Person

BellSouth Communications Systems, LLC, Private Entity/Person

AT&T Corp., Private Entity/Person

National Security Agency, Federal

Illinois Bell Telephone Company, Private Entity/Person

MCI, LLC, Private Entity/Person

New Cingular Wireless Services, Inc., Private Entity/Person

Pacific Bell Telephone Company, Private Entity/Person

SBC Long Distance, LLC, Private Entity/Person

Bright House Networks, LLC, Private Entity/Person

Comcast Telecommunications, Inc., Private Entity/Person

Nextel West Corp., Private Entity/Person

Sprint Communications Company L.P., Private Entity/Person

TDS Communications Solutions, Inc., Private Entity/Person

Transworld Network Corp., Private Entity/Person

Office of Foreign Assets and Control, Federal

Federal Bureau of Investigation, Federal

Defense Intelligence Agency, Federal

Department of Homeland Security , Federal

Steve Gaw, State

CT Department of Public Utility Control, State

Maine Public Utilities Commission, State

Deputy Attorney General of the State of New Jersey, State

Attorney General of New Jersey, State

Vermont Public Service Board, State

United States of America, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

FISA Title I Warrant (Electronic Surveillance), 50 U.S.C. §§ 1801-1812

FISA Title IV order (pen register/trap-and-trace), 50 U.S.C. §§ 1841-1846

FISA Title V order (PATRIOT Act § 215, business records or other tangible things), 50 U.S.C. §§ 1861-1862

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Issues

General:

Confidentiality

Search policies

Terrorism/Post 9-11 issues