Case: Mayfield v. United States

6:04-cv-01427 | U.S. District Court for the District of Oregon

Filed Date: Oct. 4, 2004

Closed Date: Nov. 5, 2007

Clearinghouse coding complete

Case Summary

On October 4, 2004, a practicing lawyer and his family members filed a lawsuit in the U.S. District Court for the District of Oregon against the Department of Justice and the Federal Bureau of Investigation (FBI), under Bivens and 50 U.S.C §§ 1804 and 1823 (electronic surveillance and physical searches under the Foreign Intelligence Surveillance Act (FISA)). The plaintiffs, represented by private counsel, asked the court for injunctive and declaratory relief, alleging that the defendants conduc…

On October 4, 2004, a practicing lawyer and his family members filed a lawsuit in the U.S. District Court for the District of Oregon against the Department of Justice and the Federal Bureau of Investigation (FBI), under Bivens and 50 U.S.C §§ 1804 and 1823 (electronic surveillance and physical searches under the Foreign Intelligence Surveillance Act (FISA)). The plaintiffs, represented by private counsel, asked the court for injunctive and declaratory relief, alleging that the defendants conducted unlawful arrest, imprisonment, searches and seizures. The plaintiffs also alleged that the defendants violated the Privacy Act, 5 U.S.C. § 552a by illegally leaking information and that portions of the Patriot Act are unconstitutional. The plaintiffs sought return of improperly seized property.

This case is based on the following background. On March 11, 2004, terrorists' bombs exploded on commuter trains in Madrid, Spain. The FBI obtained photographs of fingerprints from the bombing incident. The FBI made a wrongful match of a fingerprint taken from near the Madrid bombing site to that of the plaintiff, supposedly in part because the plaintiff was a Muslim. Despite numerous signs that the match was erroneous, the FBI arrested and imprisoned the plaintiff from May 6, 2004, through May 20, 2004. After news reports revealed that the Madrid fingerprint matched an Algerian citizen, the plaintiff was released from prison.

On November 29, 2006, the District Court (Judge Aiken) signed a stipulated settlement agreement reached by the parties. The agreement limited plaintiffs' remaining claims to a facial challenge to FISA, in which the relief available was a declaratory judgment of the unconstitutionality of these statues. On December 6, 2006, plaintiffs filed an amended complaint for declaratory judgment and sought removal of all illegally seized materials under government possession.

Defendants argued that the Court lacked jurisdiction because the plaintiffs lacked standing to seek declaratory relief. On September 26, 2007, the District Court (Judge Aiken) found that the plaintiffs' claims alleging an on-going 'case' or 'controversy' provided the Court jurisdiction. The Court concluded that 50 U.S.C. §§ 1804 and 1824 of FISA, as amended by the Patriot Act, are unconstitutional as they violate the Fourth Amendment of the U.S. Constitution. Accordingly, plaintiffs' motion for summary judgment for declaratory relief was granted.

On October 9, 2007, defendants filed an appeal to the U.S. Court of Appeals for the 9th Circuit. On March 24, 2010, the Appeals Court vacated the District Court's summary judgment on the grounds that the plaintiffs lacked standing because the only relief that would address the alleged Fourth Amendment violation would be injunctive relief. However, the plaintiffs were only entitled to declaratory judgment pursuant to the settlement agreement.

On November 1, 2010, the U.S. Supreme Court denied the Petition for Writ of Certiorari.

Summary Authors

David Cho (10/5/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5086527/parties/mayfield-v-ashcroft/


Judge(s)

Aiken, Ann L. (Oregon)

Bates, John D. (District of Columbia)

Collins, Raner Christercunean (Arizona)

Paez, Richard A. (California)

Panner, Owen Murphy (Oregon)

Rawlinson, Johnnie B. (Nevada)

Attorneys(s) for Plaintiff

Eder, Michele Longo (Oregon)

Rosenthal, Elden M. (Oregon)

Spence, Gerry (Wyoming)

Attorneys(s) for Defendant

Clash-Drexler, Sara W. (District of Columbia)

Judge(s)

Aiken, Ann L. (Oregon)

Bates, John D. (District of Columbia)

Collins, Raner Christercunean (Arizona)

Paez, Richard A. (California)

Panner, Owen Murphy (Oregon)

Rawlinson, Johnnie B. (Nevada)

Attorneys(s) for Plaintiff

Eder, Michele Longo (Oregon)

Rosenthal, Elden M. (Oregon)

Spence, Gerry (Wyoming)

Attorneys(s) for Defendant

Clash-Drexler, Sara W. (District of Columbia)

Gonzales, Alberto (District of Columbia)

Greenspun, Peter D. (Virginia)

Leary, Christie A. (Virginia)

Mann, Thomas Peter (Virginia)

Martin, Edward J. (District of Columbia)

O'Connor, Michael Ryan (Oregon)

Oldham, Nicholas A. (District of Columbia)

Orleans, Renee S. (District of Columbia)

Weaver, Robert C. Jr. (Oregon)

Documents in the Clearinghouse

Document

6:04-cv-01427

Docket [PACER]

Nov. 1, 2010

Nov. 1, 2010

Docket
1

6:04-cv-01427

Complaint

Oct. 4, 2004

Oct. 4, 2004

Complaint
123

6:04-cv-01427

Amended Complaint

Dec. 6, 2006

Dec. 6, 2006

Complaint
150

6:04-cv-01427

Opinion and Order

Sept. 26, 2007

Sept. 26, 2007

Order/Opinion
159

6:04-cv-01427

0:07-35865

Order from USCA

U. S. Court of Appeals for the Ninth Circuit

March 24, 2010

March 24, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5086527/mayfield-v-ashcroft/

Last updated Aug. 26, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing Fee in amount of $150.00 collected. Receipt No. 179594 issued. Summons issued as to All Defendants.Filed by Brandon Bieri Mayfield, Mona Mayfield, Samir Mayfield, Shane Mayfield, Sharia Mayfield against John Ashcroft, Department of Justice, Federal Bureau of Investigation, Terry Green, John T. Massey, Richard K. Werder, Michael Wieners.(pvh, ) (Entered: 10/04/2004)

Oct. 4, 2004

Oct. 4, 2004

PACER
2

Discovery and Pretrial Scheduling Order and Notice of Case Assignment. Discovery to be completed by 2/1/2005. Joint Alternate Dispute Resolution Report due by 3/3/2005.Pretrial Order due by 3/3/2005. (pvh, ) (Entered: 10/04/2004)

Oct. 4, 2004

Oct. 4, 2004

PACER
3

Petition for Appointment of Guardian Ad Litem. Filed by all plaintiffs. (pvh, ) (Additional attachment(s) added on 3/10/2016: # 1 Petition) (vdc). (Entered: 10/04/2004)

Oct. 4, 2004

Oct. 4, 2004

PACER
4

Affidavit of Elden M. Rosenthal in Support of Motion. Filed by all plaintiffs. (Related document(s): Motion to Appoint 3 .)(pvh, ) (Additional attachment(s) added on 3/10/2016: # 1 Affidavit) (vdc). (Entered: 10/04/2004)

Oct. 4, 2004

Oct. 4, 2004

PACER
5

Notice of Case Reassignment: This case has been reassigned from Judge Ann L. Aiken to Judge Owen M. Panner. (pvh, ) (Entered: 10/06/2004)

Oct. 4, 2004

Oct. 4, 2004

PACER
6

Order Granting Application for Special Admission Pro Hac Vice of Gerry Spence for Samir Mayfield; Shane Mayfield; Sharia Mayfield; Brandon Bieri Mayfield and Mona Mayfield. Application Fee in amount of $100 collected. Receipt No. 179595 issued. Signed on 10/13/04 by Judge Owen M. Panner. (dmd, ) (Entered: 10/14/2004)

Oct. 13, 2004

Oct. 13, 2004

PACER
7

ORDER Appointing Guardian Ad Litem. IT IS NOW, THEREFORE, ORDERED that Mona Mayfield is appointed Guardian Ad Litem for the minor plaintiffs Shane Mayfield, Sharia Mayfield, and Samir Mayfield, and is directed and authorized to prosecute the above-entitled action in their behalf. (See 2-page order for details). Signed on 10/13/04 by Judge Owen M. Panner. (dmd, ) (Entered: 10/14/2004)

Oct. 13, 2004

Oct. 13, 2004

PACER
8

Record of Order setting a scheduling conference by telephone on October 28, 2004, at 2:15 p.m. The court will initiate the call. Judge Owen M. Panner, presiding. (dmd, ) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

PACER
9

Record of Order. Scheduling Conference set for 12/13/2004 at 01:30PM by Telephone before Judge Owen M. Panner. The court will initiate the call. Judge Owen M. Panner, presiding. (dmd, ) (Entered: 10/20/2004)

Oct. 19, 2004

Oct. 19, 2004

PACER
10

Motion to Reassign Judge or, in the Alternative, to Recuse or Disqualify Judge. Filed by all plaintiffs. (dmd, ) (Additional attachment(s) added on 3/10/2016: # 1 Motion) (vdc). (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

PACER
11

Memorandum in Support of Motion to Reassign Case, Motion to Recuse 10 . Filed by all plaintiffs. (dmd, ) (Additional attachment(s) added on 3/10/2016: # 1 Memorandum) (vdc). (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

PACER
12

Affidavit of Gerry Spence in Support of Motion. Filed by all plaintiffs. (Related document(s): Motion to Reassign Case, Motion to Recuse 10 .)(dmd, ) (Additional attachment(s) added on 3/10/2016: # 1 Affidavit) (vdc). (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

PACER
13

Affidavit of Elden M. Rosenthal in Support of Motion. Filed by all plaintiffs. (Related document(s): Motion to Reassign Case, Motion to Recuse 10 .)(dmd, ) (Additional attachment(s) added on 3/10/2016: # 1 Affidavit) (vdc). (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

PACER
14

Affidavit of Owen M. Panner, United States District Judge.(Related document(s): Motion to Reassign Case, Motion to Recuse 10 .)(dmd, ) (Entered: 11/08/2004)

Nov. 8, 2004

Nov. 8, 2004

PACER
15

Notice of Case Reassignment: This case has been reassigned from Judge Owen M. Panner to Judge Ann L. Aiken and reassigned to the Eugene Division. (Meyer, Craig) (Entered: 11/08/2004)

Nov. 8, 2004

Nov. 8, 2004

PACER
16

Waiver of Service of Summons -- Accepted by Richard Werder on November 4, 2004. Filed by Brandon Bieri Mayfield, Mona Mayfield, Samir Mayfield, Shane Mayfield, Sharia Mayfield. (cp, ) (Additional attachment(s) added on 3/10/2016: # 1 Waiver of Service of Summons) (vdc). (Entered: 11/17/2004)

Nov. 15, 2004

Nov. 15, 2004

PACER
17

Waiver of Service of Summons -- Accepted by Michael Wieners on November 4, 2004. Filed by Brandon Bieri Mayfield, Mona Mayfield, Samir Mayfield, Shane Mayfield, Sharia Mayfield. (cp, ) (Additional attachment(s) added on 3/10/2016: # 1 Waiver of Service of Summons) (vdc). (Entered: 11/17/2004)

Nov. 15, 2004

Nov. 15, 2004

PACER
18

Return of Service of summons and complaint. Service executed upon John Ashcroft on October 12, 2004. Filed by Brandon Bieri Mayfield, Mona Mayfield, Samir Mayfield, Shane Mayfield, Sharia Mayfield. (cp, ) (Additional attachment(s) added on 3/10/2016: # 1 Return of Service Executed) (vdc). (Entered: 11/17/2004)

Nov. 15, 2004

Nov. 15, 2004

PACER
19

Return of Service executed upon Richard K. Werder on October 6, 2004. Filed by Brandon Bieri Mayfield, Mona Mayfield, Samir Mayfield, Shane Mayfield, Sharia Mayfield. (cp, ) (Additional attachment(s) added on 3/10/2016: # 1 Return of Service Executed) (vdc). (Entered: 11/17/2004)

Nov. 15, 2004

Nov. 15, 2004

PACER
20

Return of Service executed upon Terry Green on 10/7/04. Filed by Brandon Bieri Mayfield, Mona Mayfield, Samir Mayfield, Shane Mayfield, Sharia Mayfield. (cp, ) (Additional attachment(s) added on 3/10/2016: # 1 Return of Service Executed) (vdc). (Entered: 11/17/2004)

Nov. 15, 2004

Nov. 15, 2004

PACER
21

Return of Service executed upon John T. Massey on October 21, 2004. Filed by Brandon Bieri Mayfield, Mona Mayfield, Samir Mayfield, Shane Mayfield, Sharia Mayfield. (cp, ) (Additional attachment(s) added on 3/10/2016: # 1 Return of Service Executed) (vdc). (Entered: 11/17/2004)

Nov. 15, 2004

Nov. 15, 2004

PACER
22

Return of Service executed upon Michael Wieners on October 7, 2004. Filed by Brandon Bieri Mayfield, Mona Mayfield, Samir Mayfield, Shane Mayfield, Sharia Mayfield. (cp, ) (Additional attachment(s) added on 3/10/2016: # 1 Return of Service Executed) (vdc). (Entered: 11/17/2004)

Nov. 15, 2004

Nov. 15, 2004

PACER
23

Return of Service of summons and complaint. Service executed upon Department of Justice on October 12, 2004. Filed by Brandon Bieri Mayfield, Mona Mayfield, Samir Mayfield, Shane Mayfield, Sharia Mayfield. (cp, ) (Additional attachment(s) added on 3/10/2016: # 1 Return of Service Executed) (vdc). (Entered: 11/17/2004)

Nov. 15, 2004

Nov. 15, 2004

PACER
24

Return of Service of summons and complaint. Service executed upon Federal Bureau of Investigation on October 12, 2004. Filed by Brandon Bieri Mayfield, Mona Mayfield, Samir Mayfield, Shane Mayfield, Sharia Mayfield. (cp, ) (Additional attachment(s) added on 3/10/2016: # 1 Return of Service Executed) (vdc). (Entered: 11/17/2004)

Nov. 15, 2004

Nov. 15, 2004

PACER
25

Motion for Extension of Time to Answer until 1/14/05. Filed by John Ashcroft, Department of Justice, Federal Bureau of Investigation, Terry Green, Richard K. Werder, Michael Wieners. (cp, ) (Additional attachment(s) added on 3/10/2016: # 1 Motion) (vdc). (Entered: 11/30/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
26

CIVIL MINUTES: Record of Order by Ann L. Aiken: Status Conference set for 1/20/2005 at 09:00AM by Telephone before Judge Ann L. Aiken. Ordered granting defendants' unopposed motion 25 for enlargement of time to 1/14/05 to respond to plaintiff's complaint. Ordered by Judge Ann L. Aiken. (lae, ) (Entered: 12/01/2004)

Dec. 1, 2004

Dec. 1, 2004

PACER
27

CIVIL MINUTES: Record of Order by Ann L. Aiken: Status Conference reset at defendants' request from 1/20/04 to 1/21/2005 at 11:30AM by Telephone. The court will initiate the call. Ordered by Judge Ann L. Aiken. (lae, ) (Entered: 12/23/2004)

Dec. 23, 2004

Dec. 23, 2004

PACER
28

Motion to Dismiss Counts 12 and 13 of the Complaint. Filed by John Ashcroft, Department of Justice, Federal Bureau of Investigation. (Clash-Drexler, Sara) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

PACER
29

Memorandum in Support of Motion to Dismiss Counts 12 and 13 of the Complaint. Filed by John Ashcroft, Department of Justice, Federal Bureau of Investigation. (Related document(s): Motion to Dismiss 28 .)(Clash-Drexler, Sara) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

PACER
30

Answer to Complaint Count 11. Filed by John Ashcroft, Department of Justice, Federal Bureau of Investigation.(Clash-Drexler, Sara) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

PACER
31

Motion to Dismiss or in the Alternative for Summary Judgment. Filed by Richard K. Werder, Terry Green, Michael Wieners. (Martin, Edward) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

PACER
32

Memorandum in Support Motion to Dismiss or in the Alternative for Summary Judgment. Filed by Richard K. Werder, Terry Green, Michael Wieners. (Related document(s): Motion to Dismiss 31 .)(Martin, Edward) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

PACER
33

Concise Statement of Material Facts in Support of Defendants Werder, Green and Weiners' Motion to Dismiss or in the Alternative for Summary Judgment 31 . Filed by Richard K. Werder, Terry Green, Michael Wieners. (Martin, Edward) Modified on 5/9/2005 (lae, ). (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

PACER
34

Motion to File Exhibits Under Seal. Filed by Richard K. Werder, Terry Green, Michael Wieners. (cp, ) (Additional attachment(s) added on 3/10/2016: # 1 Motion) (vdc). (Entered: 01/18/2005)

Jan. 14, 2005

Jan. 14, 2005

PACER
35

Memorandum in Support of Motion to File Exhibits Under Seal. Filed by Richard K. Werder, Terry Green, Michael Wieners. (Related document(s): 34 .)(cp, ) (Additional attachment(s) added on 3/10/2016: # 1 Memorandum) (vdc). (Entered: 01/18/2005)

Jan. 14, 2005

Jan. 14, 2005

PACER
36

Motion to Dismiss Alternative Motion for Summary Judgment. Filed by John T. Massey. (O'Connor, Michael) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

PACER
37

Memorandum in Support of Motion to Dismiss; Alternative Motion for Summary Judgment. Filed by John T. Massey. (Related document(s): Motion to Dismiss 36 .)(O'Connor, Michael) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

PACER
38

Declaration of John T. Massey, Jr. in Support of His Motion to Dismiss; Alternative Motion for Summary Judgment. Filed by John T. Massey. (Related document(s): Motion to Dismiss 36 .)(O'Connor, Michael) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

PACER
39

CIVIL MINUTES: Record of Proceedings: Telephone Status Conference held 1/21/05. Ordered plaintiff allowed to file an amended complaint to add a defendant. The court reserves ruling on the timing of the summary judgment motion in relation to the Rule 56(f) application. Ordered parties to confer and submit a briefing schedule on the motion to dismiss and Rule 56(f) application. Elden Rosenthal, Michele Longo Eder present as counsel for plaintiffs. Sara Clash-Drexler, Elizabeth Shapiro, Timothy Garren, Richard Montague, Michael O'Connor, Peter Greenspun present as counsel for defendants. Court Reporter: Kristi Anderson. Ann L. Aiken presiding. (lae, ) (Entered: 01/21/2005)

Jan. 21, 2005

Jan. 21, 2005

PACER
40

Order Granting Application for Special Admission Pro Hac Vice of Peter D. Greenspun for John T. Massey. Application Fee in amount of $100 collected. Receipt No. 600000170 issued. Signed on 1/24/05 by Judge Ann L. Aiken. (ljb, ) Modified on 2/4/2005 (cp, ). (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

PACER
41

Order Granting Application for Special Admission Pro Hac Vice of Christie A. Leary for John T. Massey. Application Fee in amount of $100 collected. Receipt No. 600000170 issued.. Signed on 1/24/05 by Judge Ann L. Aiken. (ljb, ) Modified on 2/4/2005 (cp, ). (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

PACER
42

Order Granting Application for Special Admission Pro Hac Vice of Thomas Peter Mann for John T. Massey. Application Fee in amount of $100 collected. Receipt No. 600000170 issued. Signed on 1/24/05 by Judge Ann L. Aiken. (ljb, ) Modified on 2/4/2005 (cp, ). (Entered: 01/25/2005)

Jan. 25, 2005

Jan. 25, 2005

PACER
43

Motion to Continue of Summary Judgment Motion (FRCP 56(f)). Filed by all plaintiffs. (Rosenthal, Elden) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

PACER
44

Memorandum in Support of Motion for Continuance of Summary Judgment Motion (FRCP56(f)). Filed by all plaintiffs. (Related document(s): Motion to continue 43 .)(Rosenthal, Elden) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

PACER
45

Affidavit of Elden M. Rosenthal in Support of Motion for Continuance of Summary Judgment Motion. Filed by all plaintiffs. (Related document(s): Motion to continue 43 .)(Rosenthal, Elden) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

PACER
46

Declaration of Brandon Mayfield. Filed by all plaintiffs. (Related document(s): Motion to continue 43 .)(Rosenthal, Elden) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

PACER
47

Motion to Compel Defendant Ashcroft to Provide Notice. Filed by all plaintiffs. (Rosenthal, Elden) (Entered: 02/03/2005)

Feb. 3, 2005

Feb. 3, 2005

PACER
48

Memorandum in Support of Motion to Compel Defendant Ashcroft to Provide Notice. Filed by all plaintiffs. (Related document(s): Motion to compel 47 .)(Rosenthal, Elden) (Entered: 02/03/2005)

Feb. 3, 2005

Feb. 3, 2005

PACER
49

Declaration of Brandon Mayfield. Filed by all plaintiffs. (Related document(s): Motion to compel 47 .)(Rosenthal, Elden) (Entered: 02/03/2005)

Feb. 3, 2005

Feb. 3, 2005

PACER
50

Order regarding Orders on Application for special admission pro hac vice, 40 41 and 42 for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. Correct the docket text in Orders 40, 41 and 42 to reflect that Peter D. Greenspun, Christie A. Leary and Thomas Peter Mann the attorneys appointed pro hac vice, represent Defendant, John T. Massey, rather than the plaintiffs. The Clerk is also directed to remove attorney Peter D. Greenspun, Christie A. Leary and Thomas Peter Mann as attorney for Plaintiff and add them as attorneys of record for Defendant, John T. Massey on the docket sheet. (cp, ) (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

PACER
51

CIVIL MINUTES: Record of Order by Judge Ann L. Aiken: Adopting the schedule agreed upon by all counsel and set forth in plaintiff's letter to the court, dated 2/2/05. Ordered Defendants Werder, Green, Weiners and Massey will respond to Plaintiffs' Motion for Continuance of Summary Judgment Motion 43 by 2/25/05. Ordered Plaintiffs' reply to be filed by 3/25/05. Plaintiffs' Motion for Continuance of Summary Judgment Motion 43 taken under advisement as of 3/28/2005. Ordered plaintiffs' counsel will respond to U. S. Dept of Justice and FBI's Motion to Dismiss counts 12 and 13 of the Complaint 28 by 2/11/05. Defendants' reply to be filed by 3/10/05. Ordered Defendants U. S. Dept of Justice and FBI's Motion to Dismiss Counts 12 and 13 of the Complaint 28 taken under advisement as of 3/14/05. Ordered plaintiffs to respond to Defendants Werder, Green, and Wieners' Motion to Dismiss 31 and Defendant Massey's Motion to Dismiss 36 by 3/18/05. Defendants to file a reply within 30 days of receipt of plaintiffs' response. Ordered Defendants Werder, Green, Wieners' Motion to Dismiss 31 and Defendant Massey's Motion to Dismiss 36 taken under advisement as if 4/25/05. Ordered by Judge Ann L. Aiken. (lae, ) (Entered: 02/07/2005)

Feb. 7, 2005

Feb. 7, 2005

PACER
52

ORDER: Record of Order by Judge Ann L. Aiken: Pursuant to Defendants Green, Wieners and Werder's letter request to the court, dated 2/3/05, ordered Defendants Green, Wieners and Werder's Motion to File Exhibits Under Seal 34 and the accompanying memorandum 35 are hereby withdrawn. (lae, ) (Entered: 02/07/2005)

Feb. 7, 2005

Feb. 7, 2005

PACER
53

Memorandum in Opposition To Defendants Department of Justice and Federal Bureau of Investigation's Motion To Dismiss Counts Twelve and Thirteen of The Complaint to Motion to Dismiss Counts 12 and 13 of the Complaint 28 . Filed by all plaintiffs. (Attachments: # 1 Exhibit)(Rosenthal, Elden) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

PACER
54

Amended Memorandum in Opposition to Defendants Department of Justice and Federal Bureau of Investigation's Motion to Dismiss Counts Twelve and Thirteen of The Complaint to Motion to Dismiss Counts 12 and 13 of the Complaint to Motion to Dismiss Counts 12 and 13 of the Complaint 28 . Filed by all plaintiffs. (Attachments: # 1 Exhibit Exhibits A - I)(Rosenthal, Elden) (Entered: 02/09/2005)

Feb. 9, 2005

Feb. 9, 2005

PACER
55

Exhibits (Related Doc. Motion to Dismiss or in the Alternative (Concise Statement of Material Facts) 33 ). Filed by Richard K. Werder, Terry Green, Michael Wieners.(cp, ) (Additional attachment(s) added on 3/10/2016: # 1 Exhibits) (vdc). (Entered: 02/16/2005)

Feb. 16, 2005

Feb. 16, 2005

PACER
56

Memorandum in Opposition to Motion to Continue of Summary Judgment Motion (FRCP 56(f)) 43 . Filed by John T. Massey.(Mann, Thomas) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER
57

Memorandum in Opposition to Motion to Continue of Summary Judgment Motion (FRCP 56(f)) 43 . Filed by Richard K. Werder, Terry Green, Michael Wieners.(Martin, Edward) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER
58

Response to Defendants Werder's, Green's, Wieners' and Massey's to Motion to Dismiss Alternative Motion for Summary Judgment 36, Motion to Dismiss or in the Alternative for Summary Judgment 31, Motion to Dismiss or in the Alternative (Concise Statement of Material Facts) 33 . Filed by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Rosenthal, Elden) (Entered: 03/17/2005)

March 17, 2005

March 17, 2005

PACER
59

CIVIL MINUTES: Record of Order by Ann L. Aiken: As requested in the government's letter to the court, dated 3/3/05, ordered government's response to Plaintiff's Motion to Compel Defendant Ashcroft to Provide Notice 47 shall be filed by 4/8/2005. Pursuant to LR 26.5(c), no reply may be filed. Plaintiff's Motion to Compel Defendant Ashcroft to Provide Notice taken under advisement as of 4/11/2005. Ordered by Judge Ann L. Aiken. (lae, ) (Entered: 03/21/2005)

March 21, 2005

March 21, 2005

PACER
60

CIVIL MINUTES: Record of Order by Ann L. Aiken: As requested in the government's letter to the court, dated 3/3/05, ordered government's reply to Agency Defendants' Motion to Dismiss Counts 12 and 13 of the Complaint 28 due by 4/8/2005. Defendants John Ashcroft, Department of Justice, and FBI's Motion to Dismiss Counts 12 and 13 of the Complaint taken under advisement as of 4/11/2005. Ordered by Judge Ann L. Aiken. (lae, ) (Entered: 03/21/2005)

March 21, 2005

March 21, 2005

PACER
61

Reply to Defendants Werder's, Green's, Wieners' and Massey's Memoranda in Opposition to Motion to Continue of Summary Judgment Motion (FRCP 56(f)) 43 . Filed by all plaintiffs. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(Rosenthal, Elden) (Entered: 03/23/2005)

March 23, 2005

March 23, 2005

PACER
62

Motion for Extension of Time to File a Response/Reply to Motion to Dismiss 31 . Filed by Richard K. Werder, Terry Green, Michael Wieners. (Martin, Edward) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

PACER
63

Memorandum in Support of Motion for Extention of Time. Filed by Richard K. Werder, Terry Green, Michael Wieners. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 62 .)(Martin, Edward) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

PACER
64

Motion to File Supplement in support of Rule 56 Application. Filed by all plaintiffs. (Rosenthal, Elden) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

PACER
65

Supplement Memorandum of Law in Support of Rule 56(f) Application. Filed by all plaintiffs. (Related document(s): Motion 64 .)(Rosenthal, Elden) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

PACER
66

Motion to File Supplemental Memorandum of Law In Response to Defendants' Motion to Dismiss Counts 12 and 13 of the Complaint. Filed by all plaintiffs. (Rosenthal, Elden) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

PACER
67

Supplement Memorandum of Law in Response to Defendants' Motion to File Supplemental Memorandum of Law In Response to Defendants' Motion to Dismiss Counts 12 and 13 of the Complaint. Filed by all plaintiffs. (Related document(s): Motion 66 .)(Rosenthal, Elden) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

PACER
68

ORDER: Record of Order by Judge Ann L. Aiken: Granting Defendants Green, Wieners, and Werder's Motion for Enlargement of Time to File Reply 62 . Reply due by 4/27/2005. Defendants Green, Wieners, and Werder's Motions to Dismiss taken under advisement as of 5/2/2005 for 31 and for 33 . (lae, ) (Entered: 03/31/2005)

March 31, 2005

March 31, 2005

PACER
69

ORDER: Record of Order by Judge Ann L. Aiken: Granting Plaintiffs' Motion to file Supplemental Memorandum of Law in Support of Plaintiffs' Rule 56(f) Application 64 . Defendants allowed until 4/15/05 to respond to plaintiffs' supplemental memorandum. Plaintiffs' Rule 56(f) Motion 43 taken under advisement as of 4/18/2005. (lae, ) (Entered: 03/31/2005)

March 31, 2005

March 31, 2005

PACER
70

ORDER: Record of Order by Judge Ann L. Aiken: Granting Plaintiffs' Motion to File Supplemental Memorandum of Law in Response to Defendants' Motion to Dismiss Counts 12 and 13 of the Complaint 66 . Defendants' reply due 4/15/05. Defendants' Motion to Dismiss Counts 12 and 13 of the Complaint 28 taken under advisement as of 4/18/2005. (lae, ) (Entered: 03/31/2005)

March 31, 2005

March 31, 2005

PACER
71

Supplemental Memorandum in Opposition to Plaintiffs' Supplemental Memorandum to Motion to Continue of Summary Judgment Motion (FRCP 56(f)) 43 . Filed by Richard K. Werder, Terry Green, Michael Wieners. (Attachments: # 1 Exhibit A-C)(Martin, Edward) (Entered: 04/15/2005)

April 15, 2005

April 15, 2005

PACER
72

Reply to Motion to Dismiss Counts 12 and 13 of the Complaint 28, Motion to Compel Defendant Ashcroft to Provide Notice 47 . Filed by John Ashcroft, Department of Justice, Federal Bureau of Investigation.(Clash-Drexler, Sara) (Entered: 04/15/2005)

April 15, 2005

April 15, 2005

PACER
73

Motion for Permission to File Reply Memorandum re Plaintiffs' Motion to Compel Defendant Ashcroft to Provide Notice. Filed by all plaintiffs. (Rosenthal, Elden) (Entered: 04/19/2005)

April 19, 2005

April 19, 2005

PACER
74

ORDER: Record of Order by Judge Ann L. Aiken: Granting Plaintiffs' Motion for Permission to File Reply Memorandum Re Plaintiffs' Motion to Compel Defendant Ashcroft to Provide Notice 73 . Reply due by 4/27/2005. Plaintiffs' Motion to Compel Defendant Ashcroft to Provide Notice 47 taken under advisement as of 5/2/2005. (lae, ) (Entered: 04/20/2005)

April 20, 2005

April 20, 2005

PACER
75

Reply to Plaintiff's Reponse to Motion to Dismiss or in the Alternative for Summary Judgment 31 . Filed by Richard K. Werder, Terry Green, Michael Wieners. (Attachments: # 1 Attachment)(Martin, Edward) (Entered: 04/27/2005)

April 27, 2005

April 27, 2005

PACER
76

Reply Memorandum to Motion to Compel Defendant Ashcroft to Provide Notice 47 . Filed by all plaintiffs.(Rosenthal, Elden) (Entered: 04/28/2005)

April 28, 2005

April 28, 2005

PACER
77

Order for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. Correct docket entry for document #33 to read Concise Statement of Material Fact in Support of Defendants Werder, Green, and Weiner's Motion to Dismiss or in the Alternative for Summary Judgment. The entry was incorrectly entered as a motion. (lae, ) (Entered: 05/09/2005)

May 9, 2005

May 9, 2005

PACER
78

Supplemental Declaration of Sanchez in Support of Defendants Werder's, Green's and Wiener's Motion to Dismiss or in the Alternative for Summary Judgment. Filed by Richard K. Werder, Terry Green, Michael Wieners. (Martin, Edward) (Entered: 05/25/2005)

May 25, 2005

May 25, 2005

PACER
79

CIVIL MINUTES: Record of Order by Ann L. Aiken: Oral Argument set on Plaintiffs' Motion to Continue Summary Judgment Motion (FRCP 56(f)) 43, Defendants Department of Justice, FBI and Ashcroft's Motion to Dismiss Counts 12 and 13 of the Complaint 28, Defendants Werder, Green, and Wieners' Motion to Dismiss or in the Alternative for Summary Judgment 31, Plaintiffs' Motion to Compel Defendant Ashcroft to Provide Notice 47, and Defendant Massey's Motion to Dismiss Alternative Motion for Summary Judgment 36 for 7/15/2005 at 10:00AM in Courtroom 13B of the U. S. Courthouse in Portland before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (lae, ) (Entered: 06/03/2005)

June 3, 2005

June 3, 2005

PACER
80

Supplemental Motion for Summary Judgment and in Opposition to Individual Defendants' Motions to Dismiss. Filed by all plaintiffs. (Attachments: # 1 Exhibit Steele, Beth Email) (Rosenthal, Elden) (Entered: 07/13/2005)

July 13, 2005

July 13, 2005

PACER
81

CIVIL MINUTES: Record of Proceedings: Motion Hearing held 7/15/05 in Portland. Ordered Plaintiffs' Motion to Compel Defendant Ashcroft to Provide Notice 47, Defendant Massey's Motion to Dismiss 36, Plaintiffs' Motion to Continue Summary Judgment Motion 43, Defendants' Ashcroft, Department of Justice, and FBI's Motion to Dismiss 28, Defendants Werder, Green, and Wieners' Motion to Dismiss 31 taken under advisement as of 7/15/2005. Elden Rosenthal, Gerry Spence present as counsel for plaintiffs. Thomas Mann, Michael O'Connor, Timothy Garren, Richard Montague, Sara Clash-Drexler, Jeffrey Bucholtz, Scott Glick present as counsel for defendants. Court Reporter: Nancy Walker. Ann L. Aiken presiding. (lae, ) (Entered: 07/18/2005)

July 15, 2005

July 15, 2005

PACER
82

Transcript of Proceedings held on July 15, 2005 before Judge Ann L. Aiken. Court Reporter: Nancy M. Walker. (cp, ) (Additional attachment(s) added on 3/10/2016: # 1 Transcript) (vdc). (Entered: 07/27/2005)

July 26, 2005

July 26, 2005

PACER
83

ORDER: Plaintiffs' motion for continuance of summary judgment motions 43 is granted as follows: plaintiffs' motion is granted as to defendants' alternative motions for summary judgment. Plaintiffs' responses in opposition to defendants' motions are due after discovery. Plaintiffs' motion to compel defendant Gonzales to provide notice 47 is denied with leave to renew. (See order). Defendant John T. Massey's motion to dismiss or in the alternative for summary judgment 36 is denied as follows: (See Order). Defendants Werder's, Green's and Wieners' motion to dismiss or in the alternative for summary judgment 31 is denied as follows: (See Order). Finally, defendants Department of Justice and Federal Bureau of Investigation motion to dismiss counts twelve and thirteen of the complaint 28 is denied as follows: (See Order). Signed on July 28, 2005 by Judge Ann L. Aiken. (cp, ) (Entered: 07/28/2005)

July 28, 2005

July 28, 2005

RECAP
84

CIVIL MINUTES: Record of Proceedings: TelephoneStatus Conference held 8/5/05 to discuss mediation options. Ordered parties to confer regarding mediation. Further Status Conference set for 8/23/2005 at 09:00AM by Telephone before Judge Ann L. Aiken. The court will initiate the call. Gerry Spence, Elden Rosenthal present as counsel for plaintiffs. Jeff Bucholtz, Richard Montague, Tim Garren, Elizabeth Shapiro, James Touchey, Edward Martin, Thomas Mann present as counsel for defendants. Court Reporter: Kristi Anderson. Ann L. Aiken presiding. (lae, ) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

PACER
85

Answer to Complaint. Filed by John T. Massey.(Mann, Thomas) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

PACER
86

Answer to Complaint. Filed by John Ashcroft, Department of Justice, Federal Bureau of Investigation.(Clash-Drexler, Sara) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

PACER
87

Answer to Complaint. Filed by Richard K. Werder, Terry Green, Michael Wieners.(Martin, Edward) (Entered: 08/11/2005)

Aug. 11, 2005

Aug. 11, 2005

PACER
88

CIVIL MINUTES: Record of Proceedings: TelephoneStatus Conference held 8/23/05. The parties advise the court they have agreed upon a mediator. Ordered parties to contact the court to set up further status conference after they have agreed on date for mediation. Elden Rosenthal present as counsel for plaintiffs. Jeff Bucholtz, James Touhey, Edward Martin, Sara Clash-Drexler, James Sutherland, Thomas Mann present as counsel for defendants. Court Reporter: Kristi Anderson. Ann L. Aiken presiding. (lae, ) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

PACER
89

Transcript of Proceedings held on August 5, 2005 before Judge Ann Aiken. Court Reporter: Kristi Anderson.. (cp, ) (Additional attachment(s) added on 3/10/2016: # 1 Transcript) (vdc). (Entered: 08/25/2005)

Aug. 25, 2005

Aug. 25, 2005

PACER
90

Notice of Appeal to the 9th Circuit from Order on motion to dismiss,,, Order on motion to continue, Order on motion to compel,,,,,,,,,,,,,,, 83 . Filed by Richard K. Werder, Terry Green, Michael Wieners. Transcript Designation due by 11/22/2005. (Related Document(s): Order on motion to dismiss,,, Order on motion to continue, Order on motion to compel,,,,,,,,,,,,,,, 83 ) (Martin, Edward) (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 2005

PACER
91

Notice of Appeal to the 9th Circuit from Order on motion to dismiss,,, Order on motion to continue, Order on motion to compel,,,,,,,,,,,,,,, 83 . Filed by John T. Massey. Transcript Designation due by 11/22/2005. (Related Document(s): Order on motion to dismiss,,, Order on motion to continue, Order on motion to compel,,,,,,,,,,,,,,, 83 ) (Mann, Thomas) (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 2005

PACER
92

Notification of Appeal from Notice of Appeal 90 sent to USCA for the 9th Circuit and counsel along with a copy of the docket sheet. (cp, ) (Entered: 09/27/2005)

Sept. 27, 2005

Sept. 27, 2005

PACER
93

Motion for Order for Certification that Defendants Massey?s, Werder?s, Wieners? And Green?s Appeals From The Court?s Orders Re Their Motion to Dismiss, or in The Alternative for Summary Judgment, are Frivolous. Oral Argument requested Filed by all plaintiffs. (Rosenthal, Elden) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

PACER
94

Memorandum in Support of Plaintiffs? Motion for Written Certification That Defendants Massey?s, Werder?s, Wieners? And Green?s Appeals From The Court?s Orders Re Their Motion To Dismiss, Or In The Alternative For Summary Judgment, Are Frivolous. Filed by all plaintiffs. (Related document(s): Motion for Order, 93 .)(Rosenthal, Elden) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

PACER
95

Appeal Docketing Fee in amount of $255.00 collected; Receipt No. 300005689 issued. (Related doc. 91 )(cp, ) (Additional attachment(s) added on 3/10/2016: # 1 Appeal Docketing Fee) (vdc). (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

PACER
96

Notification of Appeal from Notice of Appeal 91 sent to USCA for the 9th Circuit and counsel along with a copy of the docket sheet. (cp, ) (Entered: 10/05/2005)

Oct. 5, 2005

Oct. 5, 2005

PACER
97

Response in Opposition to Plaintiffs' Motion to Certify Appeal as Frivolous to Motion for Order, 93 . Filed by Richard K. Werder, Terry Green, Michael Wieners. (Attachments: # 1 Attachment)(Martin, Edward) (Entered: 10/13/2005)

Oct. 13, 2005

Oct. 13, 2005

PACER

Notice confirming Docketing Record on Appeal re Notice of Appeal, 91 Case Appealed to 9th Circuit; Case Number 05-35990 assigned. (cp, )

Oct. 14, 2005

Oct. 14, 2005

PACER
98

Copy of Time Schedule Order from USCA for the 9th Circuit re Notice of Appeal, 91 : Transcript due 11/23/05; opening brief due 1/9/06. (Related Document(s): Notice of Appeal, 91 ) (cp, ) (Entered: 10/14/2005)

Oct. 14, 2005

Oct. 14, 2005

PACER
99

Motion for Extension of Time to File a Response/Reply re Written Certification to Motion for Order, 93 . Filed by all plaintiffs. (Rosenthal, Elden) (Entered: 10/19/2005)

Oct. 19, 2005

Oct. 19, 2005

PACER