Case: ACLU v. NSA

2:06-cv-10204 | U.S. District Court for the Eastern District of Michigan

Filed Date: Jan. 17, 2006

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On January 17, 2006, a group of organizations including the American Civil Liberties Union (ACLU), and a number of individuals, filed a law suit in the U.S. District Court for the Eastern District of Michigan against the National Security Agency (NSA), under Bivens and the Administrative Procedure Act. The plaintiffs challenged the legality of NSA's Terrorist Surveillance Program (TSP) as violating their free speech and privacy rights as well as the Separation of Powers doctrine. The plaintiffs…

On January 17, 2006, a group of organizations including the American Civil Liberties Union (ACLU), and a number of individuals, filed a law suit in the U.S. District Court for the Eastern District of Michigan against the National Security Agency (NSA), under Bivens and the Administrative Procedure Act. The plaintiffs challenged the legality of NSA's Terrorist Surveillance Program (TSP) as violating their free speech and privacy rights as well as the Separation of Powers doctrine. The plaintiffs, represented by the ACLU, asked the court for declaratory judgment and permanent injunction.

The plaintiffs alleged that their regular conduct (e.g., journalism, the practice of law, and scholarship) have been impaired by the TSP, which violated various portions of the U.S. Constitution. The NSA countered that the plaintiffs: (1) lacked standing; and (2) could not establish a prima facie case without the use of state secrets, so that the state secret privilege barred plaintiffs' claims.

On August 17, 2006, the District Court (Judge Anna Diggs Taylor) disagreed with most of the NSA's arguments, and issued a judgment and permanent injunction order: (1) the TSP violated the Separation of Powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the U.S. Constitution; and (2) the NSA was enjoined from utilizing the TSP including conducting wireless wiretaps of telephone and internet communication, as violating the Foreign Intelligence Surveillance Act and Title III. The plaintiffs' data-mining claims were denied. The same day, the NSA filed an appeal to the U.S. Court of Appeals for the 6th Circuit.

The 6th Circuit stayed the operation of the the district court's injunction, 467 F.3d 590 (6th Cir., Oct. 4, 2006) and then on July 6, 2007, vacated the District Court's order and remanded the case with instructions to dismiss for lack of jurisdiction. The Court of Appeals found that the plaintiffs lacked standing. 493 F.3d 644 (6th Cir. 2007). On March 3, 2008, the U.S. Supreme Court denied certiorari review. 552 U.S. 1179.

Summary Authors

David Cho (10/5/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4814225/parties/american-civil-liberties-union-v-national-security-agencycentral-security/


Judge(s)

Batchelder, Alice Moore (Ohio)

Attorney for Plaintiff

Beeson, Ann (District of Columbia)

Costello, Margaret A. (Michigan)

Attorney for Defendant

Bondy, Thomas Mark

Coppolino, Anthony J. (District of Columbia)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

2:06-cv-10204

Docket [PACER]

March 3, 2008

March 3, 2008

Docket
1

2:06-cv-10204

Complaint for Declaratory and Injunctive Relief

Jan. 17, 2006

Jan. 17, 2006

Complaint
70

2:06-cv-10204

Memorandum Opinion

Aug. 17, 2006

Aug. 17, 2006

Order/Opinion

438 F.Supp.2d 754

71

2:06-cv-10204

Judgment and Preliminary Injunction Order

Aug. 17, 2006

Aug. 17, 2006

Order/Opinion

2:06-cv-10204

06-02095

06-02140

Opinion [Vacating Order and Remanding Case]

American Civil Liberties Union v. National Security Agency

U.S. Court of Appeals for the Sixth Circuit

July 6, 2007

July 6, 2007

Order/Opinion

493 F.3d 644

100

2:06-cv-10204

Order Dismissing Case

Nov. 28, 2007

Nov. 28, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4814225/american-civil-liberties-union-v-national-security-agencycentral-security/

Last updated June 15, 2026, 6:58 a.m.

ECF Number Date Description Link
1 Jan. 17, 2006

COMPLAINT filed by plaintiffs against National Security Agency/Central Security Service and Keith B. Alexander, Receipt No: 536867 - Fee: $ 250. (Attachments: # 1 Document Continuation)(DPer, ) (Entered: 01/17/2006)

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2 Jan. 27, 2006

SUMMONS Returned Executed to U.S. Attorney, on behalf of Keith B. Alexander served on 1/18/2006, answer due 3/20/2006 (Steinberg, Michael) (Entered: 01/27/2006)

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3 March 7, 2006

Ex Parte MOTION for Leave to File Excess Pages by all plaintiffs. (Steinberg, Michael) (Entered: 03/07/2006)

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4 March 9, 2006

MOTION for Partial Summary Judgment by all plaintiffs. (Attachments: # 1 Index of Exhibits # 2 Exhibit A - President's Radio Address, 12/17/05# 3 Exhibit B - Excerpt from Alberto Gonzales and Michael Hayden Press Briefing, 12/19/05# 4 Exhibit C - Excerpt from Michael Hayden Address to National Press Club, 1/23/06# 5 Exhibit D - Excerpt from President?s News Conference, 12/19/05# 6 Exhibit E - Excerpt from James Taranta, A Strong Executive, Wall Street Journal, 1/28/06# 7 Exhibit F - Excerpt from Letter from William E. Moschella, Assistant Attorney General, 12/22/05# 8 Exhibit G - Excerpt from Alberto Gonzales, ?Ask the Whitehouse,? 1/25/06# 9 Exhibit H - Excerpt from Wartime Executive Power and the NSA?s Surveillance Authority: Hearing Before the Senate Judiciary Comm., 109th Cong. (2006)# 10 Exhibit I - Declaration of Larry Diamond# 11 Exhibit J - Declaration of Nancy Hollander# 12 Exhibit K - Declaration of Tara McKelvey# 13 Exhibit L - Declaration of William Swor)(Steinberg, Michael) (Entered: 03/09/2006)

2 Index of Exhibits

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3 Exhibit A - President's Radio Address, 12/17/05

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4 Exhibit B - Excerpt from Alberto Gonzales and Michael Hayden Press Briefing, 12/

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5 Exhibit C - Excerpt from Michael Hayden Address to National Press Club, 1/23/06

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6 Exhibit D - Excerpt from President?s News Conference, 12/19/05

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7 Exhibit E - Excerpt from James Taranta, A Strong Executive, Wall Street Journal,

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8 Exhibit F - Excerpt from Letter from William E. Moschella, Assistant Attorney Ge

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9 Exhibit G - Excerpt from Alberto Gonzales, ?Ask the Whitehouse,? 1/25/06

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10 Exhibit H - Excerpt from Wartime Executive Power and the NSA?s Surveillance Auth

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11 Exhibit I - Declaration of Larry Diamond

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12 Exhibit J - Declaration of Nancy Hollander

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13 Exhibit K - Declaration of Tara McKelvey

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14 Exhibit L - Declaration of William Swor

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5 March 9, 2006

ORDER GRANTING 3 Plaintiff's Motion for Leave to File Excess Pages- Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 03/09/2006)

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6 March 9, 2006

STATEMENT of Undisputed Facts in Support of Plaintiffs' Motion for Partial Summary Judgment by American Civil Liberties Union.(Steinberg, Michael) (Entered: 03/09/2006)

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7 March 13, 2006

NOTICE of Appearance by Anthony J. Coppolino on behalf of all defendants. (Coppolino, Anthony) (Entered: 03/13/2006)

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8 March 13, 2006

NOTICE of Appearance by Andrew Tannenbaum on behalf of all defendants. (Tannenbaum, Andrew) (Entered: 03/13/2006)

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9 March 13, 2006

MOTION for Extension of Time to File Answer re 1 Complaint, MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Partial Summary Judgment by all defendants. (Tannenbaum, Andrew) (Entered: 03/13/2006)

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10 March 15, 2006

RESPONSE to 9 MOTION for Extension of Time to File Answer re 1 Complaint MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Partial Summary Judgment filed by all plaintiffs. (Jaffer, Jameel) (Entered: 03/15/2006)

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11 March 16, 2006

REPLY to Response re 9 MOTION for Extension of Time to File Answer re 1 Complaint MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Partial Summary Judgment filed by all defendants. (Attachments: # 1 Exhibit 1)(Tannenbaum, Andrew) (Entered: 03/16/2006)

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12 March 17, 2006

ORDER Granting 9 Extension of Time to Respond re 1 Complaint and 4 Motion for Partial Summary Judgment. Responses due by 5/19/2006. Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 03/17/2006)

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13 March 28, 2006

NOTICE of Hearing and Order Setting Briefing Schedule on 4 Plaintiffs' Motion for Partial Summary Judgment. Responses due by 5/19/2006. Replies due by 5/26/2006. Motion Hearing set for 6/12/2006 09:00 AM before Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 03/28/2006)

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14 April 20, 2006

MOTION for Leave to File Amici Curiae Brief of Business Leaders supporting Summary Judgment motion by all plaintiffs. (Attachments: # 1 Document Continuation Verification of Counsel)(Costello, Margaret) (Entered: 04/20/2006)

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15 April 20, 2006

MOTION for Order by National Association For The Advancement of Colored People, American-Arab Anti-Discrimination Committee, Asian American Legal Defense, Education Fund, Japanese American Citizens League, The League of. (Attachments: # 1 Exhibit A - Memorandum of Law)(Green, Saul) (Entered: 04/20/2006)

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16 April 26, 2006

ORDER granting 15 Motion for Order to Participate as Amici Curiae- Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 04/26/2006)

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17 April 27, 2006

ORDER granting 14 MOTION for Leave to File Amici Curiae Brief of Business Leaders supporting Summary Judgment motion - Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 04/27/2006)

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18 April 28, 2006

NOTICE of Appearance by Larry J. Saylor on behalf of The Association of the Bar of the City of New York. (Saylor, Larry) (Entered: 04/28/2006)

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19 April 28, 2006

MOTION for Leave to File Amicus Curiae Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment by The Association of the Bar of the City of New York. (Attachments: # 1 Index of Exhibits # 2 Exhibit A - Memorandum of Law of Amicus Curiae The Association of the Bar of the City of New York in Support of Plaintiffs' Motion for Partial Summary Judgment)(Saylor, Larry) (Entered: 04/28/2006)

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20 May 4, 2006

ORDER granting 19 Motion for Leave to File Amici Curiae Brief in Support of Plaintiffs' Motion for Summary Judgment, filed by the Association of the Bar of the City of New York- Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 05/04/2006)

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21 May 5, 2006

Amicus Curiae BRIEF by The Association of the Bar of the City of New York.(Saylor, Larry) (Entered: 05/05/2006)

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22 May 8, 2006

RESPONSE to 4 MOTION for Partial Summary Judgment filed by National Association For The Advancement of Colored People, American-Arab Anti-Discrimination Committee, Asian American Legal Defense, Education Fund, Japanese American Citizens League, The League of. (Green, Saul) (Entered: 05/08/2006)

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23 May 10, 2006

MOTION for Leave to File Unopposed Motion of Certain Members of Congress as Amici Curiae for Leave to File Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment by Certain Members of Congress. (Davis, Hugh) (Entered: 05/10/2006)

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24 May 10, 2006

MOTION for Leave to File Amici's Motion for Leave to Exceed Page Limit by Certain Members of Congress. (Davis, Hugh) (Entered: 05/10/2006)

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25 May 10, 2006

SUPPLEMENTAL BRIEF re 4 MOTION for Partial Summary Judgment Memorandum of Law of Certain Members of Congress in Support of Plaintiffs' Motion for Partial Summary Judgment filed by Certain Members of Congress. (Davis, Hugh) (Entered: 05/10/2006)

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26 May 10, 2006

CERTIFICATE OF SERVICE by Certain Members of Congress re 24 MOTION for Leave to File Amici's Motion for Leave to Exceed Page Limit, 23 MOTION for Leave to File Unopposed Motion of Certain Members of Congress as Amici Curiae for Leave to File Memorandum of Law in Support of Plaintiffs' Motion for Partial Summary Judgment, 25 Supplemental Brief.(Davis, Hugh) (Entered: 05/10/2006)

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27 May 11, 2006

ORDER granting 23 Motion for Leave to File Amici Curiae Brief in Support of Plaintiffs' Motion for Partial Summary Judgment, filed by Certain Members of Congress- Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 05/11/2006)

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28 May 11, 2006

NOTICE of Appearance by Saul A. Green on behalf of National Association For The Advancement of Colored People, American-Arab Anti-Discrimination Committee, Asian American Legal Defense, Education Fund, Japanese American Citizens League, The League of. (Green, Saul) (Entered: 05/11/2006)

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29 May 11, 2006

ORDER granting 24 Amici's Motion for Leave to Exceed Page Limit filed by Certain Members of Congress- Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 05/11/2006)

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30 May 16, 2006

Second MOTION for Extension of Time to File Answer re 1 Complaint, Second MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Partial Summary Judgment by all defendants. (Tannenbaum, Andrew) (Entered: 05/16/2006)

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31 May 17, 2006

ORDER Granting Defendants' 30 Second Motion for Extension of Time to Respond re 1 Complaint and 4 Motion for Partial Summary Judgment. Responses due by 5/26/2006. Replies due by 6/2/2006.- Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 05/17/2006)

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32 May 17, 2006

MOTION for Reconsideration of Order Granting Defendants' Second Request for Extension of Time by all plaintiffs. (Jaffer, Jameel) (Entered: 05/17/2006)

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33 May 18, 2006

Order Denying 32 Plaintiffs' Motion For Partial Reconsideration Of 31 Order Granting Defendants' Second Request For Extension Of Time And Granting Plaintiffs' Request For Extension Of Time To File Reply re 1 Complaint and 4 Plaintiffs' Motion for Partial Summary Judgment. Replies due by 6/5/2006 - Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 05/18/2006)

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34 May 26, 2006

MOTION to Dismiss or, in the Alternative, for Summary Judgment by all defendants. (Tannenbaum, Andrew) (Entered: 05/26/2006)

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35 May 26, 2006

MOTION to Stay Consideration of Plaintiffs' Motion for Partial Summary Judgment by all defendants. (Tannenbaum, Andrew) (Entered: 05/26/2006)

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36 May 26, 2006

NOTICE by National Security Agency/Central Security Service, Keith B. Alexander of Lodging of In Camera, Ex Parte Material (Tannenbaum, Andrew) (Entered: 05/27/2006)

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37 May 27, 2006

DECLARATION by John D. Negroponte, Director of National Intelligence re 34 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by National Security Agency/Central Security Service, Keith B. Alexander.(Tannenbaum, Andrew) (Entered: 05/27/2006)

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38 May 27, 2006

DECLARATION by Major General Richard J. Quirk, Signals Intelligence Director, National Security Agency filed by National Security Agency/Central Security Service, Keith B. Alexander.(Tannenbaum, Andrew) (Entered: 05/27/2006)

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39 May 27, 2006

MOTION for Leave to File Excess Pages by all defendants. (Tannenbaum, Andrew) (Entered: 05/27/2006)

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40 May 30, 2006

MOTION for Leave to File Excess Pages by Washington Legal Foundation. (Samp, Richard) (Entered: 05/30/2006)

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41 May 30, 2006

ATTORNEY APPEARANCE: Richard A. Samp appearing on behalf of Washington Legal Foundation.(Samp, Richard) (Entered: 05/30/2006)

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42 May 30, 2006

MOTION for Leave to File by Washington Legal Foundation. (Samp, Richard) (Entered: 05/30/2006)

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43 May 30, 2006

Amicus Curiae BRIEF by Washington Legal Foundation.(Samp, Richard) (Entered: 05/30/2006)

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44 May 31, 2006

ORDER denying 35 Motion to Stay- Signed by Honorable Anna Diggs Taylor. (See image for important dates) (KDoa, ) (Entered: 05/31/2006)

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May 31, 2006

Set/Reset Deadlines as to 34 MOTION to Dismiss or, in the Alternative, for Summary Judgment pursuant to order entered on May 31, 2006. Responses due by 6/20/2006. Replies due by 6/27/2006. Motion Hearing set for 7/10/2006 09:00 AM before Honorable Anna Diggs Taylor. (KDoa, )

45 June 2, 2006

[FILING ERROR: PLEADING IS A MOTION FOR CLARIFICATION] NOTICE by National Security Agency/Central Security Service, Keith B. Alexander of Defendants' Motion for Clarification of the Court's Order of May 31, 2006 (Tannenbaum, Andrew) Modified on 6/6/2006 (NHoll, ). (Entered: 06/02/2006)

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46 June 5, 2006

MOTION for Leave to File Excess Pages by all plaintiffs. (Beeson, Ann) (Entered: 06/05/2006)

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47 June 5, 2006

REPLY to Response re 34 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by all plaintiffs. (Attachments: # 1 Index of Exhibits # 2 Exhibit Exhibit M- Leonard Niehoff Declaration# 3 Exhibit Exhibit N- Barnett Rubin Declaration# 4 Exhibit Exhibit O- Nazih Hassan Declaration# 5 Exhibit Exhibit P- Joshua Dratel Declaration# 6 Exhibit Exhibit Q- Mohammed Abdrabboh Declaration# 7 Exhibit Exhibit R- Nabih Ayad Declaration)(Beeson, Ann) (Entered: 06/05/2006)

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48 June 6, 2006

RESPONSE to 45 Notice (Other) Defendants' Motion for Clarification of the Court's Order of May 31, 2006 by all plaintiffs. (Beeson, Ann) (Entered: 06/06/2006)

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49 June 6, 2006

ORDER granting 40 Washington Legal Foundation's Motion for Leave to File Excess Pages- Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 06/06/2006)

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50 June 6, 2006

ORDER granting 42 Washington Legal Foundation's Motion for Leave to File Amicus Curiae Memorandum in Opposition to 4 Plaintiffs' Motion for Partial Summary Judgment - Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 06/06/2006)

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51 June 6, 2006

ORDER GRANTING PLAINTIFFS' MOTION TO FILE OVERSIZED REPLY BRIEF- Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 06/06/2006)

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52 June 7, 2006

REPLY to 48 Response (Free) re Defendants' Motion for Clarification by all defendants. (Attachments: # 1 Exhibit A (June 6, 2006 Order in Hepting v. AT&T Corp., No. 06-672 (N.D. Cal.)))(Tannenbaum, Andrew) (Entered: 06/07/2006)

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53 June 8, 2006

ORDER GRANTING 39 DEFENDANTS' MOTION TO EXCEED PAGE LIMIT - Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 06/08/2006)

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June 12, 2006

Minute Entry -Motion Hearing held on 6/12/2006 re 4 Plaintiffs' MOTION for Partial Summary Judgment before Honorable Anna Diggs Taylor. Disposition: TAKEN UNDER ADVISEMENT(Court Reporter Andrea Wabeke) (JCurr, )

54 June 15, 2006

MOTION for Leave to File Excess Pages by all plaintiffs. (Beeson, Ann) (Entered: 06/15/2006)

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55 June 16, 2006

ORDER GRANTING PLAINTIFFS' 54 MOTION TO FILE OVERSIZED BRIEF- Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 06/16/2006)

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56 June 20, 2006

RESPONSE to 34 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by all plaintiffs. (Beeson, Ann) (Entered: 06/20/2006)

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57 June 23, 2006

MOTION for Extension of Time to File Response/Reply as to 34 MOTION to Dismiss or, in the Alternative, for Summary Judgment by all defendants. (Tannenbaum, Andrew) (Entered: 06/23/2006)

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58 June 26, 2006

ORDER GRANTING DEFENDANTS' MOTION FOR AN EXTENSION OF TIME to File Response as to 34 MOTION to Dismiss or, in the Alternative, for Summary Judgment. Responses due by 6/30/2006. Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 06/26/2006)

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59 June 26, 2006

[FILING ERROR - R18 EXHIBITS; NO INDEX, LABELING] NOTICE by National Security Agency/Central Security Service, Keith B. Alexander of Motion to Transfer to the Joint Panel on Multidistrict Litigation (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Tannenbaum, Andrew) Modified on 6/27/2006 (SMar, ). (Entered: 06/26/2006)

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60 June 27, 2006

INDEX of Exhibits re 59 Notice (Other), Notice (Other) by National Security Agency/Central Security Service, Keith B. Alexander.(Tannenbaum, Andrew) (Entered: 06/27/2006)

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61 June 27, 2006

MOTION for Leave to File Brief Amici Curiae by Louis Fisher and William G. Weaver. (Attachments: # 1 Index of Exhibits # 2 Exhibit Brief amici curiae)(Nickelhoff, Andrew) (Entered: 06/27/2006)

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62 June 27, 2006

Ex Parte MOTION for Leave to File Excess Pages by Louis Fisher and William G. Weaver. (Nickelhoff, Andrew) (Entered: 06/27/2006)

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63 June 27, 2006

RESPONSE to 61 MOTION for Leave to File Brief Amici Curiae filed by National Security Agency/Central Security Service, Keith B. Alexander. (Tannenbaum, Andrew) (Entered: 06/27/2006)

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64 June 29, 2006

ORDER DENYING 61 MOTION OF LOUIS FISHER AND WILLIAM G. WEAVER FOR LEAVE TO FILE BRIEF AMICI CURIAE- Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 06/29/2006)

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65 June 30, 2006

REPLY to Response re 34 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by National Security Agency/Central Security Service, Keith B. Alexander. (Coppolino, Anthony) (Entered: 06/30/2006)

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66 June 30, 2006

MOTION for Leave to File Excess Pages for Reply Brief in Support of Motion to Dismiss or for Summary Judgment by National Security Agency/Central Security Service, Keith B. Alexander. (Coppolino, Anthony) (Entered: 06/30/2006)

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67 June 30, 2006

NOTICE by National Security Agency/Central Security Service, Keith B. Alexander of Lodging In Camera, Ex Parte Reply Brief (Coppolino, Anthony) (Entered: 06/30/2006)

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July 5, 2006

TEXT-ONLY ORDER GRANTING re 66 MOTION for Leave to File Excess Pages for Reply Brief in Support of Motion to Dismiss or for Summary Judgment filed by National Security Agency/Central Security Service, Keith B. Alexander. Entered by Honorable Anna Diggs Taylor. (JCurr, )

68 July 7, 2006

TRANSCRIPT of Proceedings held on 6/12/2006 of Motion for Partial Summary Judgment. (SMar, ) (Additional attachment(s) added on 10/30/2008: # 1 Document Continuation) (DTyl). (Entered: 07/10/2006)

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July 10, 2006

Minute Entry -Motion Hearing held on 7/10/2006 re 34 Defendants' MOTION to Dismiss or, in the Alternative, for Summary Judgment before Honorable Anna Diggs Taylor. Disposition: TAKEN UNDER ADVISEMENT(Court Reporter Carol Sapala) (JCurr, )

69 Aug. 16, 2006

NOTICE by National Security Agency/Central Security Service, Keith B. Alexander of Decision by the Judicial Panel on Multidistrict Litigation (Attachments: # 1 Order of the Judicial Panel on Multidistrict Litigation (Aug. 9, 2006))(Tannenbaum, Andrew) (Entered: 08/16/2006)

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71 Aug. 17, 2006

JUDGMENT AND PERMANENT INJUNCTION ORDER - Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 08/17/2006)

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72 Aug. 17, 2006

NOTICE OF APPEAL by National Security Agency/Central Security Service, Keith B. Alexander re 71 Permanent Injunction, 70 Memorandum Opinion & Order. Fee Status: No Fee Paid. (Tannenbaum, Andrew) (Entered: 08/17/2006)

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73 Aug. 17, 2006

[FILING ERROR - RULE 11 AND RULE 9] STIPULATION (Joint Stipulation and Proposed Stipulated Order Regarding Stay of Court's August 17, 2006 Ruling Pending Decision on Defendants' Motion to Stay Pending Appeal) by National Security Agency/Central Security Service, Keith B. Alexander.(Tannenbaum, Andrew) Modified on 8/18/2006 (CGre, ). (Entered: 08/17/2006)

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70 Aug. 17, 2006

MEMORANDUM OPINION - Signed by Honorable Anna Diggs Taylor. (JCurr, )

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74 Aug. 18, 2006

Certificate of Service re 72 Notice of Appeal. (BSoc, ) (Entered: 08/18/2006)

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75 Aug. 18, 2006

STIPULATED ORDER STAYING CASE re 73 Stipulation, Defendants' Motion for Stay Pending Appeal due by 8/23/2006. Responses due by 8/29/2006. Replies due by 9/5/2006. Motion Hearing set for 9/7/2006 01:00 PM before Honorable Anna Diggs Taylor. Signed by Honorable Anna Diggs Taylor. (JCurr, ) (Entered: 08/18/2006)

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Aug. 21, 2006

TEXT-ONLY ORDER RE-NOTICE OF HEARING AND BRIEFING SCHEDULE: Defendants' Motion to Stay Pending Appeal is due by 9/1/2006. Responses due by 9/15/2006. Replies due by 9/22/2006. Motion Hearing set for 9/28/2006 11:00 AM before Honorable Anna Diggs Taylor. Entered by Honorable Anna Diggs Taylor. (JCurr, )

76 Aug. 24, 2006

NOTICE of Appeal by American Civil Liberties Union Foundation of Appeal (Goodman, Melissa) Modified on 8/31/2006 (BSoc, ). (Entered: 08/24/2006)

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77 Aug. 28, 2006

TRANSCRIPT of Proceedings held on 6/12/06 of Motion Hearing (BSoc, ) (Additional attachment(s) added on 10/30/2008: # 1 Document Continuation) (DTyl). (Entered: 08/29/2006)

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78 Aug. 29, 2006

Appeal Fee received for 76 Notice of Appeal filed by American Civil Liberties Union Foundation, in the amount of $455.00 - Receipt No. 547348. (BSoc, ) (Entered: 08/31/2006)

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79 Aug. 31, 2006

Certificate of Service re 76 Notice of Appeal. (BSoc, ) (Entered: 08/31/2006)

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80 Aug. 31, 2006

NOTICE by National Security Agency/Central Security Service, Keith B. Alexander Notice of Filing Form re Transcript (Coppolino, Anthony) (Entered: 08/31/2006)

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81 Sept. 1, 2006

MOTION to Stay Defendants' Motion for a Stay Pending Appeal by National Security Agency/Central Security Service, Keith B. Alexander. (Attachments: # 1 Defendants' Memorandum in Support of Stay Pending Appeal)(Coppolino, Anthony) (Entered: 09/01/2006)

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82 Sept. 1, 2006

NOTICE by National Security Agency/Central Security Service, Keith B. Alexander Notice of Lodging of In Camera, Ex Parte Material In Support of Defendants' Motion for a Stay Pending Appeal (Coppolino, Anthony) (Entered: 09/01/2006)

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83 Sept. 8, 2006

TRANSCRIPT Order Form by American Civil Liberties Union of Michigan, Council on American-Islamic Relations, Council on American-Islamic Relations Michigan, Greenpeace, Incorporated, American Civil Liberties Union, National Association of Criminal Defense Lawyers, James Bamford, Larry Diamond, Christopher Hitchens, Tara McKelvey, Barnett R. Rubin, American Civil Liberties Union Foundation re 76 Notice of Appeal. (Beeson, Ann) (Entered: 09/08/2006)

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84 Sept. 15, 2006

[FILING ERROR: DOCUMENT PERTAINS TO PLAINTIFF'S ONLY]RESPONSE to 81 MOTION to Stay Defendants' Motion for a Stay Pending Appeal filed by National Association For The Advancement of Colored People, American-Arab Anti-Discrimination Committee, Asian American Legal Defense, Education Fund, Japanese American Citizens League, The League of, American Civil Liberties Union of Michigan, Council on American-Islamic Relations, Council on American-Islamic Relations Michigan, Greenpeace, Incorporated, American Civil Liberties Union, National Association of Criminal Defense Lawyers, James Bamford, Larry Diamond, Christopher Hitchens, Tara McKelvey, Barnett R. Rubin, American Civil Liberties Union Foundation. (Beeson, Ann) Modified on 9/18/2006 (KClark, ). (Entered: 09/15/2006)

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85 Sept. 22, 2006

MOTION for Leave to File Excess Pages Unopposed Motion for Enlargement of Pages for Defendants' Reply in Support of a Stay Pending Appeal by National Security Agency/Central Security Service, Keith B. Alexander. (Coppolino, Anthony) (Entered: 09/22/2006)

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86 Sept. 22, 2006

REPLY to Response re 81 MOTION to Stay Defendants' Motion for a Stay Pending Appeal Defendants' Reply in Support of a Stay Pending Appeal filed by National Security Agency/Central Security Service, Keith B. Alexander. (Coppolino, Anthony) (Entered: 09/22/2006)

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Sept. 25, 2006

TEXT-ONLY ORDER GRANTING re 85 MOTION for Leave to File Excess Pages Unopposed Motion for Enlargement of Pages for Defendants' Reply in Support of a Stay Pending Appeal filed by National Security Agency/Central Security Service, Keith B. Alexander. Entered by Honorable Anna Diggs Taylor. (JCurr, )

Sept. 28, 2006

Minute Entry -Motion Hearing held on 9/28/2006 re 81 Defendants' Motion for a Stay Pending Appeal before Honorable Anna Diggs Taylor. Disposition: GRANTED IN PART AND DENIED IN PART. Motion Granted to extent Temporary Stay is actually granted, but limited to 7 days to allow Defendants opportunity to file with Court of Appeals, however, motion DENIED to extent Defendants wanted Stay until decision rendered by Court of Appeals. Order to be presented by noon 9/29/2006 - to be signed by Judge Steeh.(Court Reporter Leann Lizza) (JCurr, )

87 Sept. 29, 2006

ORDER granting in part and denying in part 81 Motion to Stay. Stay extended through 10/5/06.- Signed by Honorable George Caram Steeh for Honorable Anna Diggs Taylor (MBea, ) (Entered: 09/29/2006)

RECAP
88 Sept. 29, 2006

TRANSCRIPT of Proceedings held on 9/28/06 regarding Motion for Stay Pending Appeal. (BSoc, ) (DTyl). (Entered: 10/02/2006)

RECAP
89 Oct. 2, 2006

TRANSCRIPT of Proceedings held on 9/28/06 of Motion for Stay Pending Appeal (BSoc, ) (DTyl). (Entered: 10/03/2006)

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90 Oct. 17, 2006

(Not Certified) ORDER from USCA re: Motion for extension of time by Verizon Communications to file an amicus curiae brief is hereby granted. [Appeal Case Number 06-2095, 06-2140] (CGre, ) (Entered: 10/18/2006)

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91 Nov. 8, 2006

(Not Certified) ORDER from USCA re 72 Notice of Appeal filed by National Security Agency/Central Security Service, Keith B. Alexander, 76 Notice of Appeal filed by American Civil Liberties Union Foundation. Motion to set a 11/17/06 deadline for the filing of Amicus Curiae Briefs is hereby Granted. [Appeal Case Number 06-2095, 062140]. (CGre, ) (Entered: 11/08/2006)

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92 Nov. 27, 2006

(Not Certified) ORDER from USCA granting the Education and Research Institute's motion for an extension of time to file an amicus brief in [Appeal Case Number 06-2095, 06-2140]; brief due 12/18/06. (BSoc, ) (Entered: 11/29/2006)

RECAP
93 Jan. 16, 2007

TRANSCRIPT of Proceedings held on 7/10/2006 of Motion to Dismiss. (BSoc, ) (Entered: 01/17/2007)

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Case Details

State / Territory:

Michigan

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

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 17, 2006

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Non-profit organizations (ACLU, ACLU Foundation, ACLU of Michigan, Council on American-Islamic Relations, Council on American-Islamic Relations Michigan, Greenpeace, National Association of Criminal Defense Lawyers) and concerned citizens.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU of Michigan

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

National Security Agency

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

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

Ex Parte Young (Federal) or Bivens

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

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

Eastern District of Michigan 2:06-cv-10204

U.S. Court of Appeals for the Sixth Circuit 06-02095

U.S. Court of Appeals for the Sixth Circuit 06-02140

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Warrant/order for search or seizure

Order Duration: 2006 - 2006

Issues

General/Misc.:

Confidentiality

Search policies

Terrorism/Post 9-11 issues

Affected Sex/Gender(s):

Female

Male

Recommended Citation