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Case: Gill v. Department of Justice

3:14-cv-03120 | U.S. District Court for the Northern District of California

Filed Date: July 10, 2014

Closed Date: April 29, 2019

Clearinghouse coding complete

Case Summary

On July 10, 2014, five U.S. citizens who had their information entered into counterterrorism databases and were subjected to law enforcement scrutiny and interrogation, filed this lawsuit against the Department of Justice ("DOJ") and the Program Manager of the Information Sharing Environment ("PM-ISE"). Plaintiffs challenged the legality of a domestic surveillance program, and sought declaratory and injunctive relief. They brought suit in the U.S. District Court for the Northern District of Cal…

On July 10, 2014, five U.S. citizens who had their information entered into counterterrorism databases and were subjected to law enforcement scrutiny and interrogation, filed this lawsuit against the Department of Justice ("DOJ") and the Program Manager of the Information Sharing Environment ("PM-ISE"). Plaintiffs challenged the legality of a domestic surveillance program, and sought declaratory and injunctive relief. They brought suit in the U.S. District Court for the Northern District of California, under the Administrative Procedure Act ("APA") and the Declaratory Judgment Act. Plaintiffs were represented by the American Civil Liberties Union ("ACLU"), the ACLU of California, and Asian Americans Advancing Justice-Asian Law Caucus. The case was assigned to Judge Richard Seeborg.

Through the National Suspicious Activity Reporting Initiatives ("NSI"), the federal government encourages state and local law enforcement agencies and private actors to collect and report information that has a potential nexus to terrorism through Special Activity Reports. Plaintiffs were reported as having engaged in "suspicious activities" under DOJ and PM-ISE standards when engaged in actions such as taking pictures, buying computers, and standing in a train station. As a consequence of being reported through SARs, plaintiffs were subject to law enforcement scrutiny and interrogation.

Plaintiffs claimed that the DOJ and PM-ISE Standards for SARs are invalid because they violate federal statutory requirements that agencies observe certain procedures and not act in an arbitrary or capricious manner. Specifically, plaintiffs contended that defendants' standards conflict with a DOJ regulation (28 C.F.R. § 23) (hereinafter Part 23) that prohibits the collection, maintenance, and dissemination of criminal intelligence information unless there is reasonable suspicion of criminal activity, and that defendants' standards were not promulgated in accordance with the notice and comment requirements of the APA. Plaintiffs claimed that the PM-ISE adopted a “Functional Standard” that utilises overly broad criteria to define the types of activities deemed as having a potential nexus to terrorism.

The government moved to dismiss the case on October 16, 2014. First, defendants claimed that plaintiffs lacked standing because 1) they had not alleged a nexus between their injuries and the guidance provided by defendants, and 2) their allegations of future law enforcement scrutiny were too speculative to satisfy the requirement of imminent future harm to warrant prospective relief. Second, defendants claimed that plaintiffs failed to plead an action that could proceed under the APA because alternative remedies were available to plaintiffs and the guidance provided by defendants in connection with the NSI did not create binding legal obligations remediable under the APA. Finally, defendants argued that plaintiffs' claims were improperly joined and should be severed. Plaintiffs filed a response to the motion to dismiss on November 20, 2014.

On February 20, 2015, Judge Richard Seeborg denied a motion to dismiss, holding that the defendants’ contentions as to causality and redressability both fail, as the plaintiffs are claiming injury from what happens after the encounters law enforcement or private security officers. Consequently, the plaintiffs are not challenging the conduct of law enforcement or private security officers during the alleged encounters, but rather, they are seeking to remedy harms that arise directly from the existence of the defendants’ Standards. The court also accepted that the plaintiffs had standing to bring the case, and that the APA claims are not subject to dismissal on grounds that plaintiffs have adequate remedies elsewhere.

On September 3, 2015, the plaintiffs filed a First Amended Complaint, which claimed that the defendants violated the APA in two ways. First, plaintiffs argue the Functional Standard was adopted without complying with the APA’s requirement that the public be provided a notice and comment period prior to adoption of “legislative rules.” While defendants acknowledge no such notice and comment procedure was utilised, they argued that the Functional Standard is not a “legislative rule” subject to the requirement, or that even if it were, the violation was harmless because the Functional Standard was adopted through a collaborative process that included public input. Second, plaintiffs claimed that adoption of the Functional Standard was “arbitrary and capricious” because of the alleged conflict with Part 23. Defendants argued there is no conflict that renders adoption of the Functional Standard improper.

On September 8, 2015, the case was referred to Magistrate Kandis A. Westmore for discovery. On December 18, 2015, the Magistrate held that defendants are to revisit their compilation of the administrative record to ensure that it includes all documents and materials considered by the agency in deciding (1) to adopt a standard that is broader than Part 23 and authorizes the collection, maintenance, and dissemination of information even in the absence of reasonable suspicion of criminal activity, in conflict with 28 CFR Part 23 and (2) to promulgate such a standard without public notice and comment.

On March 27, 2017, Judge Richard Seeborg issued an Order on Cross Motions for Summary Judgment. In this Order, the court noted that the crux of the dispute lay in the distinction between the “reasonably indicative” standard, and the “reasonable suspicion” standard. This distinction was raised when the Plaintiffs argued that the Functional Standard conflicted with a duly-promulgated DOJ regulation, Part 23, which they asserted was adopted to protect constitutional and privacy rights by prohibiting the collection of “criminal intelligence” unless supported by “reasonable suspicion.” The Functional Standard, in contrast, called for sharing of SARs whenever they reflect “observed behaviour” that was “reasonably indicative of pre-operational planning associated with terrorism or other criminal activity.” Both sides had agreed that “reasonably indicative” is a lesser standard which calls for dissemination of SARs even in the absence of “reasonable suspicion.” The question before the court was therefore whether defendants failed to comply with the APA in adopting the “reasonably indicative” standard.

The court held that the defendants were able to show that the adoption of the Functional Standard did not violate the APA. First, the court held that the Functional Standard was fundamentally a policy guidance statement, and that it was not subject to a notice-and-comment requirement. Second, the court accepted the defendants’ argument that the Functional Standard was developed to address data collection and dissemination issues not already within the scope of Part 23, and while they could have adopted the same standard, the record revealed no “clear error of judgment” or “failure to consider an important aspect of the problem” or such a counter-factual or implausible explanation as to permit the court to substitute its judgment of what a better rule might be. In a footnote, the court observed that Plaintiffs offered policy arguments as to why, in their view, the “reasonably indicative” standard draws a poor balance between individual rights and public safety; however, in an action under the APA, something more must be shown.

Judgment was entered in favor of defendants and against plaintiffs on March 29, 2017. On May 28, 2017, the Plaintiffs filed an appeal to the 9th Circuit Court of Appeals.

On November 3, 2017, the Appellants filed an Opening Brief. They argued that the (1) Functional Standard is a substantive rule that is subject to notice and comment as required by the APA, and that the Functional Standard created a binding norm and constituted final agency action. They also argued that (2) the Defendants’ rationales for adopting the ‘reasonably indicative’ standard were arbitrary and capricious if the agency failed to consider an important aspect of the problem or offered an implausible explanation, the defendants initially failed to address Part 23 at all, the rationale for rejecting Part 23 is contrary to the purpose of the Functional Standard, and the post hoc rationales are meritless. The Appellees responded on February 16, 2018. 2018 WL 948517. Appellants’ Reply Brief was submitted on March 30, 2018. 2018 WL 1583408.

A Ninth Circuit panel of Circuit Judges Milan D. Smith Jr. and Andrew D. Hurwitz and Circuit Judge Richard K. Eaton agreed with the district court's decision in a January 29, 2019 opinion. It held that the Functional Standard was a final agency outcome that was still legislative in nature, since it influenced internal filing behavior while agency officials had to decide whether to pursue an SAR further. As for Arbitrary and Capricious review, the panel highlighted that while the line between criminal intelligence and SARs was murky, the fact that more investigation is needed for a criminal intelligence investigation than an SAR, which can be as simple as a notification for further review. They believed that this distinction was enough to demonstrate that the SAR process was intentionally crafted with enough consideration to withstand Arbitrary and Capricious review. 913 F.3d 1179.

The plaintiffs did not appeal the decision; the case is now closed.

Summary Authors

Jessica Savoie (9/29/2014)

Samantha Kirby (11/28/2014)

Dawn Lui (11/29/2018)

Ellen Aldin (6/9/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4495067/parties/gill-v-department-of-justice/


Judge(s)

Seeborg, Richard G. (California)

Smith, Milan Dale Jr. (California)

Westmore, Kandis Arianne (California)

Attorneys(s) for Plaintiff

Abelson, Michael (New York)

Ableson, Michael James (New York)

Agarwal, Shilpi (California)

Andrews, Edward A (California)

Bargzie, Nasrina (California)

Bibring, Peter (California)

Ebadolahi, Mitra (New York)

Judge(s)

Seeborg, Richard G. (California)

Smith, Milan Dale Jr. (California)

Westmore, Kandis Arianne (California)

Attorneys(s) for Plaintiff

Abelson, Michael (New York)

Ableson, Michael James (New York)

Agarwal, Shilpi (California)

Andrews, Edward A (California)

Bargzie, Nasrina (California)

Bibring, Peter (California)

Ebadolahi, Mitra (New York)

Handeyside, Hugh (New York)

Kao, Winifred (California)

Loeb, Jonathan (California)

Loy, John David (California)

Lye, Linda (California)

Mass, Julia Harumi (California)

Mass [inactive], Julia Harumi (California)

Raskin, Jeffrey Scott (California)

Rosenfeld, Jeffrey (California)

Sadler, Nicole Robins (California)

Salahi, Yaman (California)

Scotch-Marmo, Stephen (New York)

Shamsi, Hina (New York)

Sinha, Christina (California)

Wiese, Philip Jared (California)

Attorneys(s) for Defendant

Aguilar, Daniel (District of Columbia)

Byron, H. Thomas III (New York)

Freeborne, Paul Gerald (District of Columbia)

Gostin, Kieran Gavin (District of Columbia)

Myers, Steven Andrew (District of Columbia)

Tse, Alex G. (California)

Documents in the Clearinghouse

Document

3:14-cv-03120

Docket [PACER]

March 26, 2019

March 26, 2019

Docket

Lawsuit Challenges Government’s ‘Suspicious Activity Report’ Program

Gill v. DOJ

No Court

July 10, 2014

July 10, 2014

Press Release
1

3:14-cv-03120

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Conklin v. Department of Justice

July 10, 2014

July 10, 2014

Complaint
38

3:14-cv-03120

Order Denying Motion to Dismiss

Feb. 20, 2015

Feb. 20, 2015

Order/Opinion
70

3:14-cv-03120

First Supplemental Complaint

Sept. 3, 2015

Sept. 3, 2015

Complaint
134

3:14-cv-03120

Order on Cross Motions for Summary Judgment

March 27, 2017

March 27, 2017

Order/Opinion
50

3:14-cv-03120

17-16107

Opinion

U. S. Court of Appeals for the Ninth Circuit

Jan. 29, 2019

Jan. 29, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4495067/gill-v-department-of-justice/

Last updated Nov. 2, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against Department of Justice, Eric H. Holder, Jr, Kshemendra Paul, Program Manager - Information Sharing Environment (Filing fee $ 400.00, receipt number 0971-8757477.). Filed by James Prigoff, Wiley Gill, Khaled Ibrahim, Aaron Conklin. (Attachments: # 1 Civil Cover Sheet)(Loeb, Jonathan) (Filed on 7/10/2014) Modified on 7/10/2014 (gbaS, COURT STAFF). (Entered: 07/10/2014)

1 Civil Cover Sheet

View on PACER

July 10, 2014

July 10, 2014

PACER
2

Proposed Summons. (Loeb, Jonathan) (Filed on 7/10/2014) (Entered: 07/10/2014)

July 10, 2014

July 10, 2014

PACER
3

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak.. (Loeb, Jonathan) (Filed on 7/10/2014) (Entered: 07/10/2014)

July 10, 2014

July 10, 2014

RECAP
4

Case assigned to Hon. Richard Seeborg. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (svS, COURT STAFF) (Filed on 7/10/2014) (Entered: 07/10/2014)

July 10, 2014

July 10, 2014

PACER
5

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/2/2014. Case Management Conference set for 10/9/2014 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (Attachments: # 1 Standing Order) (gbaS, COURT STAFF) (Filed on 7/10/2014) (Entered: 07/10/2014)

1 Standing Order

View on PACER

July 10, 2014

July 10, 2014

PACER
6

Summons Issued as to Department of Justice, Eric H. Holder, Jr, Kshemendra Paul, Program Manager - Information Sharing Environment. (gbaS, COURT STAFF) (Filed on 7/10/2014) (Entered: 07/10/2014)

July 10, 2014

July 10, 2014

PACER
7

MOTION for leave to appear in Pro Hac Vice Hugh Handeyside ( Filing fee $ 305, receipt number 0971-8760932.) filed by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Attachments: # 1 Certificate of Good Standing)(Lye, Linda) (Filed on 7/11/2014) (Entered: 07/11/2014)

1 Certificate of Good Standing

View on PACER

July 11, 2014

July 11, 2014

PACER
8

MOTION for leave to appear in Pro Hac Vice Hina Shamsi ( Filing fee $ 305, receipt number 0971-8761004.) filed by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Attachments: # 1 Certificate of Good Standing)(Lye, Linda) (Filed on 7/11/2014) (Entered: 07/11/2014)

1 Certificate of Good Standing

View on PACER

July 11, 2014

July 11, 2014

PACER
9

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY HUGH HANDEYSIDE PRO HAC VICE. by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 7/11/2014) (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

PACER
10

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY HINA SHAMSI PRO HAC VICE. by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 7/11/2014) (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

PACER
11

MOTION for leave to appear in Pro Hac Vice by Stephen Scotch-Marmo ( Filing fee $ 305, receipt number 0971-8764691.) filed by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Scotch-Marmo, Stephen) (Filed on 7/14/2014) (Entered: 07/14/2014)

July 14, 2014

July 14, 2014

PACER
12

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY STEPHEN SCOTCH-MARMO PRO HAC VICE. by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 7/14/2014) (Entered: 07/14/2014)

July 14, 2014

July 14, 2014

PACER
13

MOTION for leave to appear in Pro Hac Vice of Attorney Michael Ableson ( Filing fee $ 305, receipt number 25GMJS9U.) Filing fee previously paid on 07/16/2014 filed by Wiley Gill. (Ableson, Michael) (Filed on 7/16/2014) (Entered: 07/16/2014)

July 16, 2014

July 16, 2014

PACER
14

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY MICHAEL ABLESON PRO HAC VICE. by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 7/16/2014) (Entered: 07/16/2014)

July 16, 2014

July 16, 2014

PACER
15

NOTICE of Appearance by Paul Gerald Freeborne on Behalf of the Federal Defendants (Freeborne, Paul) (Filed on 7/22/2014) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

PACER
16

NOTICE of Appearance by Kieran Gavin Gostin (Gostin, Kieran) (Filed on 8/6/2014) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

PACER
17

STIPULATION WITH PROPOSED ORDER filed by Department of Justice, Eric H. Holder, Jr, Kshemendra Paul, Program Manager - Information Sharing Environment. (Attachments: # 1 Proposed Order)(Gostin, Kieran) (Filed on 8/21/2014) (Entered: 08/21/2014)

1 Proposed Order

View on PACER

Aug. 21, 2014

Aug. 21, 2014

PACER
18

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/2/2015. Case Management Conference previously set for 10/9/14 has been CONTINUED TO 1/8/2015 10:00 AM in Courtroom 3, 17th Floor, San Francisco. This is a text only entry. There is no document associated with this notice. (cl, COURT STAFF) (Filed on 8/28/2014) (Entered: 08/28/2014)

Aug. 28, 2014

Aug. 28, 2014

PACER
19

MOTION for Leave to File Excess Pages filed by Department of Justice, Eric H. Holder, Jr, Kshemendra Paul, Program Manager - Information Sharing Environment. (Attachments: # 1 Proposed Order)(Gostin, Kieran) (Filed on 10/14/2014) (Entered: 10/14/2014)

1 Proposed Order

View on PACER

Oct. 14, 2014

Oct. 14, 2014

PACER
20

ORDER by Judge Richard Seeborg granting 19 Motion for Leave to File Excess Pages. (cl, COURT STAFF) (Filed on 10/16/2014) (Entered: 10/16/2014)

Oct. 16, 2014

Oct. 16, 2014

PACER
21

MOTION to Dismiss filed by Department of Justice, Eric H. Holder, Jr, Kshemendra Paul, Program Manager - Information Sharing Environment. Motion Hearing set for 1/8/2014 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 11/20/2014. Replies due by 12/11/2014. (Attachments: # 1 Proposed Order)(Gostin, Kieran) (Filed on 10/16/2014) (Entered: 10/16/2014)

1 Proposed Order

View on PACER

Oct. 16, 2014

Oct. 16, 2014

PACER
22

NOTICE of Appearance by John David Loy (Loy, John) (Filed on 10/24/2014) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

PACER
23

CLERK'S NOTICE RESETTING THE TIME ON CASE MANAGEMENT CONFERENCE. Case Management Conference RESET TO 01:30 PM on January 8, 2015 in Courtroom 3, 17th Floor, San Francisco. This is a text only entry. There is no document associated with this notice. (cl, COURT STAFF) (Filed on 11/6/2014) (Entered: 11/06/2014)

Nov. 6, 2014

Nov. 6, 2014

PACER
24

STIPULATION WITH PROPOSED ORDER re page limits filed by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Lye, Linda) (Filed on 11/13/2014) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

PACER
25

STIPULATION AND ORDER REGARDING PAGE LIMITS. Signed by Judge Richard Seeborg on 11/14/14. (cl, COURT STAFF) (Filed on 11/14/2014) (Entered: 11/14/2014)

Nov. 14, 2014

Nov. 14, 2014

RECAP
26

RESPONSE (re 21 MOTION to Dismiss ) filed byAaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Lye, Linda) (Filed on 11/20/2014) (Entered: 11/20/2014)

Nov. 20, 2014

Nov. 20, 2014

PACER
27

SUMMONS Returned Executed by Tariq Razak, James Prigoff, Wiley Gill, Khaled Ibrahim, Aaron Conklin. All Defendants. (Lye, Linda) (Filed on 12/8/2014) (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

PACER
28

REPLY (re 21 MOTION to Dismiss ) filed byDepartment of Justice, Eric H. Holder, Jr, Kshemendra Paul, Program Manager - Information Sharing Environment. (Gostin, Kieran) (Filed on 12/11/2014) (Entered: 12/11/2014)

Dec. 11, 2014

Dec. 11, 2014

PACER
29

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Filed by Defendants (Freeborne, Paul) (Filed on 12/18/2014) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
30

Certificate of Interested Entities by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak (Lye, Linda) (Filed on 12/18/2014) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
31

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiffs (Lye, Linda) (Filed on 12/18/2014) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
32

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Lye, Linda) (Filed on 12/18/2014) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
33

NOTICE of Change In Counsel by Michael James Ableson and Stephen Scotch-Marmo (Ableson, Michael) (Filed on 12/22/2014) (Entered: 12/22/2014)

Dec. 22, 2014

Dec. 22, 2014

PACER
34

ADR Clerk's Notice Setting ADR Phone Conference on January 6, 2015 at 2:30 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 12/22/2014) (Entered: 12/22/2014)

Dec. 22, 2014

Dec. 22, 2014

PACER
35

NOTICE of Appearance by Jeffrey Scott Raskin Notice of Appearance of Jeffrey S. Raskin and Nicole R. Sadler (Raskin, Jeffrey) (Filed on 12/31/2014) (Entered: 12/31/2014)

Dec. 31, 2014

Dec. 31, 2014

PACER
36

CASE MANAGEMENT STATEMENT (JOINT) filed by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Lye, Linda) (Filed on 12/31/2014) (Entered: 12/31/2014)

Dec. 31, 2014

Dec. 31, 2014

PACER
37

Minute Entry for proceedings held before Hon. Richard Seeborg: Further Case Management Conference held on 1/8/2015. Motion Hearing held on 1/8/2015 re 21 MOTION to Dismiss Court Reporter Name: James Pence. (cl, COURT STAFF) (Date Filed: 1/8/2015) (Entered: 01/08/2015)

Jan. 8, 2015

Jan. 8, 2015

PACER
38

ORDER by Judge Richard Seeborg denying 21 Motion to Dismiss. (cl, COURT STAFF) (Filed on 2/20/2015) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

RECAP
39

STIPULATION filed by Department of Justice, Eric H. Holder, Jr, Kshemendra Paul, Program Manager - Information Sharing Environment. (Gostin, Kieran) (Filed on 2/26/2015) (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

PACER
40

CASE MANAGEMENT STATEMENT (JOINT) filed by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Scotch-Marmo, Stephen) (Filed on 3/5/2015) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

PACER
41

Minute Entry for proceedings held before Hon. Richard Seeborg: Further Case Management Conference held on 3/12/2015. Further Case Management Conference set for 7/9/2015 10:00 AM in Courtroom 3, 17th Floor, San Francisco.Court Reporter: Not Reported. (cl, COURT STAFF) (Date Filed: 3/12/2015) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

PACER
42

STIPULATION To Extend Time For Defendants to Answer Plaintiffs' Complaint filed by Department of Justice, Eric H. Holder, Jr, Program Manager - Information Sharing Environment. (Freeborne, Paul) (Filed on 3/20/2015) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

PACER
43

Consent Administrative Motion to File Under Seal Defendants' Answer filed by Department of Justice, Eric H. Holder, Jr, Kshemendra Paul, Program Manager - Information Sharing Environment. (Attachments: # 1 Declaration, # 2 Proposed Order)(Freeborne, Paul) (Filed on 4/1/2015) (Entered: 04/01/2015)

1 Declaration

View on PACER

2 Proposed Order

View on PACER

April 1, 2015

April 1, 2015

PACER
44

ORDER by Judge Richard Seeborg granting 43 Administrative Motion to File Under Seal. (cl, COURT STAFF) (Filed on 4/1/2015) (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

PACER
45

DOCUMENT E-FILED UNDER SEAL re 44 Order on Administrative Motion to File Under Seal Defendants' Answer to Complaint by Department of Justice, Eric H. Holder, Jr, Kshemendra Paul, Program Manager - Information Sharing Environment. (Freeborne, Paul) (Filed on 4/3/2015) (Entered: 04/03/2015)

April 3, 2015

April 3, 2015

PACER
46

STIPULATION re: Filing of Unredacted Answer filed by Department of Justice, Eric H. Holder, Jr, Kshemendra Paul, Program Manager - Information Sharing Environment. (Attachments: # 1 Answer)(Gostin, Kieran) (Filed on 4/24/2015) (Entered: 04/24/2015)

1 Answer

View on PACER

April 24, 2015

April 24, 2015

PACER
47

NOTICE of Change of Address by Nicole Robins Sadler (Sadler, Nicole) (Filed on 5/5/2015) (Entered: 05/05/2015)

May 5, 2015

May 5, 2015

PACER
48

STIPULATION WITH PROPOSED ORDER Setting Hearing Date and Briefing Schedule for Plaintiffs Special Motion to Establish Right to Discovery on the Department of Justices Standard for Suspicious Activity Reporting and Submission of Administrative Record Regarding Functional Standard filed by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Sadler, Nicole) (Filed on 6/4/2015) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

RECAP
49

ORDER by Judge Richard Seeborg granting [#48] Stipulation Setting Hearing Date and Briefing Schedule for Plaintiffs Special Motion to Establish Right to Discovery on the Department of Justices Standard for Suspicious Activity Reporting and Submission of Administrative Record Regarding Functional Standard. (cl, COURT STAFF) (Filed on 6/4/2015) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER
50

MOTION for Discovery Notice of Motion and Memorandum of Law In Support of Plaintiffs Special Motion to Establish Right to Discovery on the Department of Justices Standard for Suspicious Activity Reporting filed by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. Motion Hearing set for 8/20/2015 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 7/10/2015. Replies due by 7/30/2015. (Attachments: # 1 Proposed Order)(Sadler, Nicole) (Filed on 6/4/2015) (Entered: 06/04/2015)

1 Proposed Order

View on PACER

June 4, 2015

June 4, 2015

PACER
51

Declaration of Hugh Handeyside in Support of 50 MOTION for Discovery Notice of Motion and Memorandum of Law In Support of Plaintiffs Special Motion to Establish Right to Discovery on the Department of Justices Standard for Suspicious Activity Reporting filed byAaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Related document(s) 50 ) (Sadler, Nicole) (Filed on 6/4/2015) (Entered: 06/04/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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June 4, 2015

June 4, 2015

PACER
52

NOTICE by Department of Justice, Eric H. Holder, Jr, Kshemendra Paul, Program Manager - Information Sharing Environment re 49 Order on Stipulation, 41 Case Management Conference - Further,, Set Hearings, of Filing of Administrative Record (Attachments: # 1 Certification of Administrative Record, # 2 Exhibit A - Index of Administrative Record)(Freeborne, Paul) (Filed on 6/16/2015) (Entered: 06/16/2015)

1 Certification of Administrative Record

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2 Exhibit A - Index of Administrative Record

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June 16, 2015

June 16, 2015

PACER
53

ADMINISTRATIVE RECORD by Department of Justice, Eric H. Holder, Jr, Kshemendra Paul, Program Manager - Information Sharing Environment. Amendment to 52 Notice (Other), Supplement to Notice of Filing of Administrative Record-Administrative Record. (Attachments: # 1 Supplement AR-Part 2, # 2 Supplement AR-Part 3, # 3 Supplement AR-Part 4, # 4 Supplement AR-Part 5, # 5 Supplement AR-Part 6, # 6 Supplement AR-Part 7, # 7 Supplement AR-Part 8, # 8 Supplement AR-Part 9, # 9 Supplement AR-Part 10, # 10 Supplement AR-Part 11, # 11 Supplement AR-Part 12, # 12 Supplement AR-Part 13, # 13 Supplement AR-Part 14, # 14 Supplement AR-Part 15, # 15 Supplement AR-Part 16, # 16 Supplement AR-Part 17, # 17 Supplement AR-Part 18)(Freeborne, Paul) (Filed on 6/17/2015) Modified on 6/17/2015 (gbaS, COURT STAFF). (Entered: 06/17/2015)

1 Supplement AR-Part 2

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2 Supplement AR-Part 3

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3 Supplement AR-Part 4

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4 Supplement AR-Part 5

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5 Supplement AR-Part 6

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6 Supplement AR-Part 7

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7 Supplement AR-Part 8

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8 Supplement AR-Part 9

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9 Supplement AR-Part 10

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10 Supplement AR-Part 11

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11 Supplement AR-Part 12

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12 Supplement AR-Part 13

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13 Supplement AR-Part 14

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14 Supplement AR-Part 15

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15 Supplement AR-Part 16

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16 Supplement AR-Part 17

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17 Supplement AR-Part 18

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June 17, 2015

June 17, 2015

PACER
54

STIPULATION WITH PROPOSED ORDER re 41 Case Management Conference - Further,, Set Hearings, filed by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Lye, Linda) (Filed on 6/30/2015) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

PACER
55

CLERK'S NOTICE The Case Management Conference previously set for 7/9/2015 is continued to 8/20/2015 at 1:30 PM in Courtroom 3, 17th Floor, San Francisco. This is a text only entry. There is no document associated with this notice.(rslc2, COURT STAFF) (Filed on 6/30/2015) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

PACER
56

RESPONSE (re 50 MOTION for Discovery Notice of Motion and Memorandum of Law In Support of Plaintiffs Special Motion to Establish Right to Discovery on the Department of Justices Standard for Suspicious Activity Reporting ) filed byDepartment of Justice, Eric H. Holder, Jr, Kshemendra Paul, Program Manager - Information Sharing Environment. (Gostin, Kieran) (Filed on 7/10/2015) (Entered: 07/10/2015)

July 10, 2015

July 10, 2015

RECAP
57

NOTICE of Appearance by Nicole Robins Sadler (Sadler, Nicole) (Filed on 7/29/2015) (Entered: 07/29/2015)

July 29, 2015

July 29, 2015

PACER
58

REPLY (re 50 MOTION for Discovery Notice of Motion and Memorandum of Law In Support of Plaintiffs Special Motion to Establish Right to Discovery on the Department of Justices Standard for Suspicious Activity Reporting ) Reply in Support of Plaintiffs Special Motion to Establish Right to Discovery on the Department of Justices Standard for Suspicious Activity Reporting filed byAaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Sadler, Nicole) (Filed on 7/30/2015) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER
59

JOINT CASE MANAGEMENT STATEMENT & Proposed Order filed by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Sadler, Nicole) (Filed on 8/12/2015) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

PACER
60

ORDER by Judge Richard Seeborg denying 50 Motion for Discovery. (cl, COURT STAFF) (Filed on 8/14/2015) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER
61

JOINT CASE MANAGEMENT STATEMENT Supplemental Joint Case Management Statement filed by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Lye, Linda) (Filed on 8/21/2015) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER
62

ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND DIRECTING SUPPLEMENTAL FILING. Further Case Management Conference previously set for 8/27/2015 Continued to 9/3/2015 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 8/25/15. (cl, COURT STAFF) (Filed on 8/25/2015) (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

RECAP
63

STIPULATION WITH PROPOSED ORDER re 62 Order,, Set Hearings, Regarding Continuation of Initial Case Management Conference filed by Department of Justice, Eric H. Holder, Jr, Kshemendra Paul, Program Manager - Information Sharing Environment. (Attachments: # 1 Proposed Order)(Freeborne, Paul) (Filed on 8/26/2015) (Entered: 08/26/2015)

1 Proposed Order

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Aug. 26, 2015

Aug. 26, 2015

PACER
64

STIPULATION AND ORDER RE 63 CONTINUING FURTHER CASE MANAGEMENT CONFERENCE. Further Case Management Conference previously set for 9/3/2015 Continued to 9/10/2015 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 8/26/15. (cl, COURT STAFF) (Filed on 8/26/2015) (Entered: 08/26/2015)

Aug. 26, 2015

Aug. 26, 2015

RECAP
65

Statement re Notice re Pltfs' Mot for Leave to File Suppl Complaint by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Lye, Linda) (Filed on 8/28/2015) (Entered: 08/28/2015)

Aug. 28, 2015

Aug. 28, 2015

PACER
66

MOTION for Leave to File Notice of Motion and Motion for Leave to File Supplemental Complaint; and Memorandum of Points and Authorities in Support filed by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Lye, Linda) (Filed on 9/1/2015) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
67

Declaration of Linda Lye in Support of 66 MOTION for Leave to File Notice of Motion and Motion for Leave to File Supplemental Complaint; and Memorandum of Points and Authorities in Support filed byAaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2 Pages 1 to 16, # 3 Exhibit Exhibit 2 Pages 17 to 33, # 4 Exhibit Exhhibit 2 Pages 34 to 50, # 5 Exhibit Exhibit 2 Pages 51 to 58, # 6 Exhibit Exhibit 2 Pages 59 to 65, # 7 Exhibit Exhibit 2 Pages 66 to 131, # 8 Exhibit Exhibit 2 Pages 132 to 194)(Related document(s) 66 ) (Lye, Linda) (Filed on 9/1/2015) (Entered: 09/01/2015)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2 Pages 1 to 16

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3 Exhibit Exhibit 2 Pages 17 to 33

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4 Exhibit Exhhibit 2 Pages 34 to 50

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5 Exhibit Exhibit 2 Pages 51 to 58

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6 Exhibit Exhibit 2 Pages 59 to 65

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7 Exhibit Exhibit 2 Pages 66 to 131

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8 Exhibit Exhibit 2 Pages 132 to 194

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Sept. 1, 2015

Sept. 1, 2015

PACER
68

Proposed Order re 66 MOTION for Leave to File Notice of Motion and Motion for Leave to File Supplemental Complaint; and Memorandum of Points and Authorities in Support, 67 Declaration in Support,, [Proposed] Order Granting Plaintiffs' Motion for Leave to File Supplemental Complaint by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Lye, Linda) (Filed on 9/1/2015) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
69

ORDER by Judge Richard Seeborg granting 66 Motion for Leave to File. (cl, COURT STAFF) (Filed on 9/2/2015) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

PACER
70

FIRST AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filed by Tariq Razak, James Prigoff, Wiley Gill, Khaled Ibrahim, Aaron Conklin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D Part 1a, # 5 Exhibit D Part 1b, # 6 Exhibit D Part 2, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K)(Lye, Linda) (Filed on 9/3/2015) Modified on 9/4/2015 (gbaS, COURT STAFF). (Entered: 09/03/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D Part 1a

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5 Exhibit D Part 1b

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6 Exhibit D Part 2

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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Sept. 3, 2015

Sept. 3, 2015

PACER
71

JOINT CASE MANAGEMENT STATEMENT Further Supplemental Joint Case Management Statement filed by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Lye, Linda) (Filed on 9/4/2015) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
72

ORDER REFERRING ISSUES TO MAGISTRATE JUDGE AND CONTINUING FURTHER CASE MANAGEMENT CONFERENCE. Order Referring Case to Magistrate Judge. Further Case Management Conference set for 11/19/2015 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 9/8/15. (cl, COURT STAFF) (Filed on 9/8/2015) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

RECAP
73

MOTION Complete the Administrative Record Plaintiffs Notice of Motion and Motion to Complete the Administrative Record; Memorandum of Points and Authorities in Support Thereof filed by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. Motion Hearing set for 11/5/2015 11:00 AM before Magistrate Judge Kandis A. Westmore. Responses due by 10/15/2015. Replies due by 10/22/2015. (Sadler, Nicole) (Filed on 10/1/2015) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
74

Statement re 73 MOTION Complete the Administrative Record Plaintiffs Notice of Motion and Motion to Complete the Administrative Record; Memorandum of Points and Authorities in Support Thereof Plaintiffs Statement re: Filing of Noticed Motion to Complete the Administrative Record by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Sadler, Nicole) (Filed on 10/1/2015) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
75

Declaration of Linda Lye in Support of 73 MOTION Complete the Administrative Record Plaintiffs Notice of Motion and Motion to Complete the Administrative Record; Memorandum of Points and Authorities in Support Thereof filed byAaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Related document(s) 73 ) (Sadler, Nicole) (Filed on 10/1/2015) (Entered: 10/01/2015)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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Oct. 1, 2015

Oct. 1, 2015

PACER
76

Proposed Order re 73 MOTION Complete the Administrative Record Plaintiffs Notice of Motion and Motion to Complete the Administrative Record; Memorandum of Points and Authorities in Support Thereof [Proposed] Order Granting Plaintiffs Motion to Complete the Administrative Record by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Sadler, Nicole) (Filed on 10/1/2015) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
77

STIPULATION WITH PROPOSED ORDER filed by Department of Justice, Eric H. Holder, Jr, Loretta Lynch, Kshemendra Paul, Program Manager - Information Sharing Environment. (Attachments: # 1 Proposed Order)(Gostin, Kieran) (Filed on 10/8/2015) (Entered: 10/08/2015)

1 Proposed Order

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Oct. 8, 2015

Oct. 8, 2015

PACER
78

ORDER GRANTING 77 STIPULATION WITH PROPOSED ORDER (AS MODIFIED BY THE COURT); CONTINUING HEARING ON 73 MOTION TO COMPLETE THE ADMINISTRATIVE RECORD TO DECEMBER 3, 2015 AT 11:00 AM. Signed by Judge Kandis A. Westmore on 10/09/2015. (kawlc2S, COURT STAFF) (Filed on 10/9/2015) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

RECAP
79

RESPONSE (re 73 MOTION Complete the Administrative Record Plaintiffs Notice of Motion and Motion to Complete the Administrative Record; Memorandum of Points and Authorities in Support Thereof ) filed byDepartment of Justice, Eric H. Holder, Jr, Loretta Lynch, Kshemendra Paul, Program Manager - Information Sharing Environment. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gostin, Kieran) (Filed on 10/22/2015) (Entered: 10/22/2015)

1 Exhibit 1

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2 Exhibit 2

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Oct. 22, 2015

Oct. 22, 2015

PACER
80

NOTICE by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak of Withdrawal of Counsel (Attachments: # 1 Proposed Order)(Scotch-Marmo, Stephen) (Filed on 10/27/2015) (Entered: 10/27/2015)

1 Proposed Order

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Oct. 27, 2015

Oct. 27, 2015

PACER
81

ORDER withdrawing counsel. Signed by Judge Richard Seeborg on 10/28/15. (cl, COURT STAFF) (Filed on 10/28/2015) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

RECAP
82

REPLY (re 73 MOTION Complete the Administrative Record Plaintiffs Notice of Motion and Motion to Complete the Administrative Record; Memorandum of Points and Authorities in Support Thereof ) filed byAaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff. (Sadler, Nicole) (Filed on 11/5/2015) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
83

STIPULATION WITH PROPOSED ORDER re 72 Order,, Order Referring Case to Magistrate Judge,, Set Hearings, Regarding Continuation of November 19, 2015 Case Management Conference filed by Department of Justice, Eric H. Holder, Jr, Loretta Lynch, Kshemendra Paul, Program Manager - Information Sharing Environment. (Attachments: # 1 Proposed Order)(Freeborne, Paul) (Filed on 11/9/2015) (Entered: 11/09/2015)

1 Proposed Order

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Nov. 9, 2015

Nov. 9, 2015

PACER
84

CLERK'S NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERNCE. Case Management Statement due by 1/21/2016. Further Case Management Conference previously set for 11/19/2015 Continued to 1/28/2016 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 11/9/2015) (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

PACER
85

CLERK'S NOTICE Continuing Motion Hearing as to 73 MOTION Complete the Administrative Record Plaintiffs Notice of Motion and Motion to Complete the Administrative Record; Memorandum of Points and Authorities in Support Thereof. Motion Hearing continued to 12/17/2015 11:00 AM before Magistrate Judge Kandis A. Westmore. (This is a text-only entry generated by the court. There is no document associated with this entry.)(kawlc1, COURT STAFF) (Filed on 12/2/2015) (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

PACER
86

CLERK'S NOTICE Advancing Motion Hearing on 73 MOTION Complete the Administrative Record to Thursday, 12/3/2015 11:00 AM in Courtroom 2, 4th Floor, Oakland before Magistrate Judge Kandis A. Westmore. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kawlc1, COURT STAFF) (Filed on 12/2/2015) (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

PACER
87

Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Arguments heard, matter submitted. Court to issue order.Motion Hearing held on 12/3/2015. re 73 MOTION Complete the Administrative Record Plaintiffs Notice of Motion and Motion to Complete the Administrative Record; Memorandum of Points and Authorities in Support Thereof filed by James Prigoff, Aaron Conklin, Khaled Ibrahim, Wiley Gill, Tariq Razak Court Reporter Name Diane Skillman. (sisS, COURT STAFF) (Date Filed: 12/3/2015) (Entered: 12/03/2015)

Dec. 3, 2015

Dec. 3, 2015

PACER
88

Order by Magistrate Judge Kandis A. Westmore granting in part and denying in part 73 motion to complete administrative record.(kawlc2S, COURT STAFF) (Filed on 12/18/2015) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

RECAP
89

STIPULATION WITH PROPOSED ORDER filed by Department of Justice, Eric H. Holder, Jr, Loretta Lynch, Kshemendra Paul, Program Manager - Information Sharing Environment. (Attachments: # 1 Proposed Order)(Gostin, Kieran) (Filed on 12/22/2015) (Entered: 12/22/2015)

1 Proposed Order

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Dec. 22, 2015

Dec. 22, 2015

PACER
90

STIPULATION AND ORDER REGARDING EXTENSION TO SEEK RELIEF FROM MAGISTRATE JUDGE'S NONDISPOSITIVE ORDER. Signed by Judge Richard Seeborg on 12/22/15. (cl, COURT STAFF) (Filed on 12/22/2015) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

RECAP
91

NOTICE of Substitution of Counsel by Winifred Virginia Kao (Kao, Winifred) (Filed on 1/11/2016) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
92

First MOTION for Leave to File Excess Pages Unopposed Administrative Motion to Exceed Page Limits For Motion Filed Under L.R. 72-2 filed by Department of Justice, Eric H. Holder, Jr, Loretta Lynch, Kshemendra Paul, Program Manager - Information Sharing Environment. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Freeborne, Paul) (Filed on 1/13/2016) (Entered: 01/13/2016)

1 Affidavit

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2 Proposed Order

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Jan. 13, 2016

Jan. 13, 2016

PACER
93

ORDER by Judge Richard Seeborg granting 92 Motion for Leave to File Excess Pages. (cl, COURT STAFF) (Filed on 1/13/2016) (Entered: 01/13/2016)

Jan. 13, 2016

Jan. 13, 2016

PACER
94

MOTION Relief from Nondispositive Pretrial Order of Magistrate Judge re 88 Order on Motion for Miscellaneous Relief Pursuant to L.R. 72-2 filed by Department of Justice, Eric H. Holder, Jr, Loretta Lynch, Kshemendra Paul, Program Manager - Information Sharing Environment. Responses due by 1/29/2016. Replies due by 2/5/2016. (Attachments: # 1 Proposed Order)(Freeborne, Paul) (Filed on 1/15/2016) (Entered: 01/15/2016)

1 Proposed Order

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Jan. 15, 2016

Jan. 15, 2016

PACER
95

ORDER SETTING BRIEFING SCHEDULE. Signed by Judge Richard Seeborg on 1/15/16. (cl, COURT STAFF) (Filed on 1/15/2016) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

RECAP
96

STIPULATION WITH PROPOSED ORDER Regarding Continuation of January 28, 2016 Case Management Conference filed by Department of Justice, Eric H. Holder, Jr, Loretta Lynch, Kshemendra Paul, Program Manager - Information Sharing Environment. (Attachments: # 1 Proposed Order)(Freeborne, Paul) (Filed on 1/20/2016) (Entered: 01/20/2016)

1 Proposed Order

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Jan. 20, 2016

Jan. 20, 2016

PACER
97

TRANSCRIPT ORDER by Aaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak for Court Reporter Diane Skillman. (Lye, Linda) (Filed on 1/20/2016) (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

PACER
98

CLERK'S NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE. Case Management Statement due by 2/11/2016. Further Case Management Conference previously set for 1/28/2016 Continued to 2/18/2016 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 1/21/2016) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
99

Transcript of Proceedings held on December 3, 2015, before Judge Kandis A. Westmore. Court Reporter Diane E. Skillman, telephone number 510-451-2930, Diane_Skillman@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 97 Transcript Order ) Release of Transcript Restriction set for 4/28/2016. (Related documents(s) 97 ) (Skillman, Diane) (Filed on 1/29/2016) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER
100

RESPONSE (re 94 MOTION Relief from Nondispositive Pretrial Order of Magistrate Judge re 88 Order on Motion for Miscellaneous Relief Pursuant to L.R. 72-2 ) Plaintiffs Response to Defendants Motion for Relief from Non-Dispositive Pretrial Order of Magistrate Judge filed byAaron Conklin, Wiley Gill, Khaled Ibrahim, James Prigoff, Tariq Razak. (Sadler, Nicole) (Filed on 1/29/2016) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER

Case Details

State / Territory: California

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 10, 2014

Closing Date: April 29, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five U.S. citizens who had their information entered into counterterrorism databases and were subjected to law enforcement scrutiny and interrogation without being charged with a crime

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU of Southern California

Asian Americans Advancing Justice | AAJC

ACLU Affiliates (any)

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Justice, Federal

Program Manager-Information Sharing Environment (PM-ISE), Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Record-keeping

Terrorism/Post 9-11 issues

Watchlist

Discrimination-basis:

National origin discrimination

Race discrimination

Religion discrimination

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern

Other