Case: Twitter v. Barr [Holder]

4:14-cv-04480 | U.S. District Court for the Northern District of California

Filed Date: Oct. 7, 2014

Case Ongoing

Clearinghouse coding complete

Case Summary

[Note: This case was previously known as Twitter v. Holder, then Twitter v. Lynch, then Twitter v. Sessions] On October 7, 2014, Twitter -- an online social networking service -- filed a lawsuit in the U.S. District Court for the Northern District of California against the U.S. Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) under the Administrative Procedure Act. Twitter, represented by private counsel, asked the court for declaratory judgment and injunctive relief, a…

[Note: This case was previously known as Twitter v. Holder, then Twitter v. Lynch, then Twitter v. Sessions]

On October 7, 2014, Twitter -- an online social networking service -- filed a lawsuit in the U.S. District Court for the Northern District of California against the U.S. Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) under the Administrative Procedure Act. Twitter, represented by private counsel, asked the court for declaratory judgment and injunctive relief, alleging that nondisclosure provisions set forth in a letter from the Deputy Attorney General ("the DAG Letter") and the Foreign Intelligence Surveillance Act (FISA) secrecy provisions were unconstitutional under the First Amendment. Twitter also contended that the review mechanisms for seeking to modify the nondisclosure provisions violate the separation of power principles.

Twitter specifically contested the FBI's practice of occasionally issuing National Security Letters ("NSLs") to communication providers, compelling them to disclose information deemed relevant for protecting against terrorism. The FBI also issues FISA orders that permit surveillance or disclosure of stored records. Recipients of a NSL or a FISA order are restricted from disclosing information from that order.

In 2013, in response to these restrictions, five communication providers (including Google and Facebook) filed a lawsuit to relax restrictions for publishing information such as the total number of requests and user accounts encompassed by such requests. In January 2014, the DOJ and the five providers settled. Two pre-approved disclosure formats were set forth in the DAG Letter, which was dated January 27, 2014.

Twitter, the plaintiff in this case, had a practice of releasing transparency reports that listed the number of requests from the government for account information and content removal, and how Twitter responded to such requests. At the time of the complaint, the reports did not contain information regarding NSL and FISA orders. On January 29, 2014, the plaintiff met with the defendants and sought confirmation that the DAG Letter (of January 27, 2014) did not apply to the plaintiff. Subsequently, the plaintiff submitted a draft report to the FBI seeking prepublication review; the draft included numeric information of NSL and FISA orders received. The FBI denied prepublication on a basis that the contained information exceeded the scope set forth in the DAG Letter. This first amendment complaint ensued.

On October 17, 2014, the government declined to proceed before a magistrate judge, and the case was subsequently reassigned to District Court Judge Yvonne Gonzalez Rogers on October 20, 2014.

On January 9, 2015, the government filed a partial motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim. The government argued that: 1. The court lacked subject matter jurisdiction because the plaintiffs failed to establish an injury-in-fact and therefore lacked standing, and because the DAG Letter did not constitute a final agency act under the Administrative Procedure Act; 2. FISA challenges should instead have been considered by the Foreign Intelligence Surveillance Court; and 3. The Plaintiff's separation of powers challenge to the disclosure review mechanisms failed as a matter of law because deference to the Executive was entirely appropriate in this context.

In February 2015, a number of popular digital media organizations filed amici briefs on behalf of Twitter, including Buzzfeed, National Public Radio, and Reddit.

A hearing was held on the government’s motion to dismiss on May 5, 2015, but before Judge Rogers could rule, the defendants notified her in June 2015 of the passage of the USA Freedom Act. The USA Freedom Act reauthorized portions of the USA Patriot Act, but eliminated the Patriot Act’s bulk data collection provisions. Notably for this case, the Act added options for those who had been subject to NSL or FISA orders to publicly report information about orders received, and amended the judicial review process for NSL nondisclosure requirements.

Judge Rogers subsequently called for briefings on the impact of the Act on the pending partial motion for summary judgment and on the case as a whole. The plaintiff argued that the legislative changes did not affect the defendant's pending partial motion to dismiss, should not affect Twitter’s APA or First Amendment claims, and changed, but did not moot, its First Amendment and separation of powers claim. The government argued that passage of the Act made the plaintiff's Administrative Procedure Act and First Amendment challenges moot, and that the Act reinforced the constitutionality of the NSL statutes.

On October 14, 2015, after receiving all supplemental briefs, the Judge Rogers dismissed the government’s motion to dismiss as moot and ordered Twitter to file an amended complaint in light of the changes under the USA Freedom Act. 139 F.Supp.3d 1075. Twitter filed its amended complaint on November 13, 2015. In light of the new legislation, Twitter sought declaratory judgment and a permanent injunction, arguing that the non-disclosure provisions of FISA were unconstitutional on their face, that the government’s actions showed a pattern of “informal, overly expansive, delayed and conflicting” actions that had a chilling effect on speech and limited Twitter’s first amendment rights. It also argued that the Espionage Act was unconstitutional as applied to Twitter, and sought declaratory relief to that effect, expressing its concern that Twitter would be prosecuted under the Espionage Act should it choose to publish its Transparency Report.

The government filed a motion to dismiss the amended complaint on January 15, 2016. It argued that the court should dismiss the FISA claims in the interest of comity, that Twitter failed to establish standing with respect to its Espionage Act claims, and that all of Twitter’s claims should fail as a matter of law since the government may lawfully restrict disclosure of classified information.

On May 2, 2016, Judge Rogers granted the motion in part and denied it in part. Judge Rogers denied the motion to dismiss on the grounds of comity and concluded that Twitter had standing under the Espionage Act, but had not sufficiently pleaded its First Amendment claims. 183 F.Supp.3d 1007. Three weeks later, Twitter filed a second amended complaint. In it, Twitter alleged an implied cause of action under the First Amendment and a cause of action under the Administrative Procedure Act. Twitter claimed that the information it sought to disclose was improperly classified, and that the government failed to specify which specific information in its report could not be published.

On November 22, 2016, the defendants filed a motion for summary judgment. It was denied without prejudice on July 6, 2017. The government filed a motion to reconsider on September 5, 2017, which Judge Rogers denied on November 28, 2017.

After a lengthy discovery process, the Court published an order on June 21, 2019 suggesting that they would reconsider defendants' motion for summary judgment based on new information provided in the classified declaration of Michael McGarrity, Acting Executive Assistant Director of the National Security Branch of the Federal Bureau of Investigation. This evidence supported the government's assertion of a state secrets privilege, showing with specificity the imminent harm to national security that disclosure of this information would constitute.

On September 27, 2019, the government filed a renewed motion for Summary Judgment. On October 25, 2019, plaintiffs filed a cross-motion for Summary Judgment, contending that the government's evidence was purely speculative and hypothetical and that they failed to meet their burden to justify classification of the information in Twitter's transparency report.

In April 2020, Judge Rogers granted summary judgment to the government and denied summary judgment to the plaintiff. The Court ruled that, while strict scrutiny applied, the government sufficiently showed that the national security concerns outweighed Twitter's interest in disclosure. 2020 WL 1904597. No appeal has yet been filed.

Summary Authors

David Cho (10/26/2014)

Alexandra Gilewicz (2/12/2018)

Dan Toubman (3/28/2020)

Jack Hibbard (5/27/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4181259/parties/twitter-inc-v-barr/


Judge(s)

Corley, Jacqueline Scott (California)

Rogers, Yvonne Gonzalez (California)

Attorneys(s) for Plaintiff

Andrade, Amanda Lindsay (District of Columbia)

Berlin, Hayley L. (District of Columbia)

Booth, Samantha C. (Illinois)

Falk, Donald M (California)

Miller, Eric David (District of Columbia)

Pincus, Andrew J. (District of Columbia)

Rubin, Lee H (California)

Snell, James (California)

Judge(s)

Corley, Jacqueline Scott (California)

Rogers, Yvonne Gonzalez (California)

Attorneys(s) for Plaintiff

Andrade, Amanda Lindsay (District of Columbia)

Berlin, Hayley L. (District of Columbia)

Booth, Samantha C. (Illinois)

Falk, Donald M (California)

Miller, Eric David (District of Columbia)

Pincus, Andrew J. (District of Columbia)

Rubin, Lee H (California)

Snell, James (California)

Sussmann, Michael A. (District of Columbia)

Attorneys(s) for Defendant

Anderson, David Lloyd (California)

Berman, Julia Alexandra (District of Columbia)

Branda, Joyce R. (District of Columbia)

Bressler, Steven Y. (District of Columbia)

Coppolino, Anthony J. (District of Columbia)

Haag, Melinda (District of Columbia)

Healy, Christopher (District of Columbia)

Heiman, Julia Alexandra (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Mizer, Benjamin C. (District of Columbia)

Soskin, Eric J. (District of Columbia)

Stretch, Brian (District of Columbia)

Other Attorney(s)

Adler, Deborah A (California)

Burke, Thomas R. (California)

Cagle, Matthew T (California)

Crocker, Andrew (California)

Gratz, Joseph C (California)

Greene, David Allen (California)

Hofmann, Marcia (California)

Karanjia, Peter (District of Columbia)

KatieLynn, Townsend (District of Columbia)

Opsahl, Kurt Bradford (California)

Townsend, KatieLynn (District of Columbia)

Documents in the Clearinghouse

Document

4:14-cv-04480

Docket [PACER]

Twitter v. Barr

April 17, 2020

April 17, 2020

Docket
1

4:14-cv-04480

Complaint for Declaratory Judgment

Twitter v. Holder

Oct. 7, 2014

Oct. 7, 2014

Complaint
28

4:14-cv-04480

Defendants' Notice of Motion and Partial Motion to Dismiss

Twitter v. Holder

Jan. 9, 2015

Jan. 9, 2015

Pleading / Motion / Brief
33

4:14-cv-04480

Reporter's Transcript of Proceedings

Twitter v. Holder

Jan. 26, 2015

Jan. 26, 2015

Transcript
52-1

4:14-cv-04480

Brief of Amicus Curiae Freedom of the Press Foundation in Support of Plaintiffs' Opposition to Defendants' Partial Motion to Dismiss

Twitter v. Holder

Feb. 17, 2015

Feb. 17, 2015

Pleading / Motion / Brief
74

4:14-cv-04480

Supplemental Brief Regarding the USA Freedom Act

Twitter v. Lynch

July 17, 2015

July 17, 2015

Pleading / Motion / Brief
75

4:14-cv-04480

Twitter's Opening Supplemental Brief on Effect of Recent Legislation

Twitter v. Lynch

July 17, 2015

July 17, 2015

Pleading / Motion / Brief
76

4:14-cv-04480

Twitter's Reply Supplemental Brief on Effect of Recent Legislation

Twitter v. Lynch

Aug. 7, 2015

Aug. 7, 2015

Pleading / Motion / Brief
77

4:14-cv-04480

Defendants' Reply Addressing Plaintiff's Supplemental Brief Regarding the USA Freedom Act

Twitter v. Lynch

Aug. 7, 2015

Aug. 7, 2015

Pleading / Motion / Brief
85

4:14-cv-04480

Order Denying Motion to Dismiss as Moot and, On the Court's Own Motion, Ordering Filing of Amended Complaint in Light of Recent Legislation

Twitter v. Lynch

139 F.Supp.3d 1075

Oct. 14, 2015

Oct. 14, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4181259/twitter-inc-v-barr/

Last updated Aug. 6, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against James B. Comey, Federal Bureau of Investigation, Eric H. Holder, Jr, United States Department of Justice (Filing fee $ 400, receipt number 0971-8977026.). Filed by Twitter, Inc. (Attachments: # 1 Exhibit Exhibits 1 through 5, # 2 Civil Cover Sheet)(Miller, Eric) (Filed on 10/7/2014) Modified on 10/8/2014 (slhS, COURT STAFF). (Entered: 10/07/2014)

1 Exhibit Exhibits 1 through 5

View on RECAP

2 Civil Cover Sheet

View on PACER

Oct. 7, 2014

Oct. 7, 2014

Clearinghouse
2

Certificate of Interested Entities by Twitter, Inc. and Rule 7.1 Disclosure Statement (Miller, Eric) (Filed on 10/7/2014) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
3

MOTION of Michael A. Susmann for leave to appear in Pro Hac Vice (Filing fee $ 305, receipt number 0971-8977180) filed by Twitter, Inc.. (Attachments: # 1 Certificate of Good Standing)(Sussmann, Michael) (Filed on 10/7/2014) Modified on 10/8/2014 (slhS, COURT STAFF). (Entered: 10/07/2014)

1 Certificate of Good Standing

View on PACER

Oct. 7, 2014

Oct. 7, 2014

PACER
4

MOTION of Hayley L. Berlin for leave to appear in Pro Hac Vice (Filing fee $ 305, receipt number 0971-8977283) filed by Twitter, Inc.. (Attachments: # 1 Certificate of Good Standing)(Berlin, Hayley) (Filed on 10/7/2014) (Entered: 10/07/2014)

1 Certificate of Good Standing

View on PACER

Oct. 7, 2014

Oct. 7, 2014

PACER
5

Case assigned to Magistrate Judge Jacqueline Scott Corley. 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. (sv, COURT STAFF) (Filed on 10/7/2014) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
6

Proposed Summons. (Miller, Eric) (Filed on 10/7/2014) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
7

Proposed Summons. (Miller, Eric) (Filed on 10/7/2014) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
8

NOTICE of Appearance by James G. Snell (Snell, James) (Filed on 10/8/2014) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
9

ORDER by Magistrate Judge Jacqueline Scott Corley granting 3 Motion for Pro Hac Vice as to Michael Sussmann (ahm, COURT STAFF) (Filed on 10/8/2014) Modified on 1/30/2015 (cpS, COURT STAFF). (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
10

ORDER by Magistrate Judge Jacqueline Scott Corley granting 4 Motion for Pro Hac Vice as to Hayley Berlin (ahm, COURT STAFF) (Filed on 10/8/2014) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
11

*posted in error - please see doc. 14 * Summons Issued as to Eric H. Holder, Jr, United States Department of Justice. (slhS, COURT STAFF) (Filed on 10/8/2014) Modified on 10/9/2014 (slhS, COURT STAFF). (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
12

*posted in error - please see doc. 15 * Summons Issued as to James B. Comey, Federal Bureau of Investigation. (slhS, COURT STAFF) (Filed on 10/8/2014) Modified on 10/9/2014 (slhS, COURT STAFF). (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
13

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/8/2015. Case Management Conference set for 1/15/2015 01:30 PM in Courtroom F, 15th Floor, San Francisco. (slhS, COURT STAFF) (Filed on 10/8/2014) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

RECAP
14

Summons Reissued as to Eric H. Holder, Jr, United States Department of Justice. (slhS, COURT STAFF) (Filed on 10/9/2014) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
15

Summons Reissued as to James B. Comey, Federal Bureau of Investigation. (slhS, COURT STAFF) (Filed on 10/9/2014) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
16

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by James B. Comey, Federal Bureau of Investigation, Eric H. Holder, Jr, United States Department of Justice.. (Bressler, Steven) (Filed on 10/17/2014) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

RECAP
17

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ahm, COURT STAFF) (Filed on 10/20/2014) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
18

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case. Signed by Executive Committee on 10/20/14. (sv, COURT STAFF) (Filed on 10/20/2014) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

RECAP
19

CERTIFICATE OF SERVICE by Twitter, Inc. re 14 Summons Reissued, 15 Summons Reissued, 1 Complaint, (Attachments: # 1 Exhibit A - Service on Eric Holder, Attorney General of the United States, # 2 Exhibit B - Service on United States Department of Justice, # 3 Exhibit C - Service on James Comey, Director of the Federal Bureau of Investigation, # 4 Exhibit D - Service on Federal Bureau of Investigation, # 5 Exhibit E - Service on Deputy Attorney General, James M. Cole, # 6 Exhibit F - Service on United States Attorney for the Northern District of California)(Miller, Eric) (Filed on 11/6/2014) (Entered: 11/06/2014)

1 Exhibit A - Service on Eric Holder, Attorney General of the United States

View on PACER

2 Exhibit B - Service on United States Department of Justice

View on PACER

3 Exhibit C - Service on James Comey, Director of the Federal Bureau of Investigat

View on PACER

4 Exhibit D - Service on Federal Bureau of Investigation

View on PACER

5 Exhibit E - Service on Deputy Attorney General, James M. Cole

View on PACER

6 Exhibit F - Service on United States Attorney for the Northern District of Calif

View on PACER

Nov. 6, 2014

Nov. 6, 2014

PACER
20

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/19/2015. Initial Case Management Conference set for 1/26/2015 02:00 PM before Judge Yvonne Gonzalez Rogers in Courtroom 1, 4th Floor, Oakland. (Attachments: # 1 Standing Order) (fs, COURT STAFF) (Filed on 11/7/2014) (Entered: 11/07/2014)

1 Standing Order

View on PACER

Nov. 7, 2014

Nov. 7, 2014

PACER
21

NOTICE Regarding Classified Document by James B. Comey, Federal Bureau of Investigation, Eric H. Holder, Jr, United States Department of Justice re 1 Complaint, (Attachments: # 1 Exhibit 1. Unclassified, Redacted Version of Plaintiff's Proposed "Transparency Report", # 2 Exhibit 2. October 8, 2014 Letter from Steven Bressler to Michael Sussmann)(Bressler, Steven) (Filed on 11/17/2014) Modified on 11/18/2014 (cpS, COURT STAFF). (Entered: 11/17/2014)

1 Exhibit 1. Unclassified, Redacted Version of Plaintiff's Proposed "Tra

View on RECAP

2 Exhibit 2. October 8, 2014 Letter from Steven Bressler to Michael Sussmann

View on RECAP

Nov. 17, 2014

Nov. 17, 2014

RECAP
22

NOTICE of Appearance by Julia Alexandra Berman (Berman, Julia) (Filed on 12/3/2014) (Entered: 12/03/2014)

Dec. 3, 2014

Dec. 3, 2014

PACER
23

STIPULATION to Extend Time to Respond to Complaint filed by James B. Comey, Federal Bureau of Investigation, Eric H. Holder, Jr, United States Department of Justice., Twitter Inc (Berman, Julia) (Filed on 12/3/2014) Modified on 12/4/2014 (cpS, COURT STAFF). (Entered: 12/03/2014)

Dec. 3, 2014

Dec. 3, 2014

PACER
24

STIPULATION WITH PROPOSED ORDER Requesting to Set a Briefing Schedule filed by James B. Comey, Federal Bureau of Investigation, Eric H. Holder, Jr, United States Department of Justice, Twitter Inc. (Attachments: # 1 Proposed Order, # 2 Declaration)(Berman, Julia) (Filed on 12/3/2014) Modified on 12/4/2014 (cpS, COURT STAFF). (Entered: 12/03/2014)

1 Proposed Order

View on PACER

2 Declaration

View on PACER

Dec. 3, 2014

Dec. 3, 2014

PACER
25

ORDER by Judge Yvonne Gonzalez Rogers granting 24 Stipulation re Briefing Schedule (fs, COURT STAFF) (Filed on 12/5/2014) (Entered: 12/08/2014)

Dec. 5, 2014

Dec. 5, 2014

RECAP

Set Motion and Deadlines/Hearings

Dec. 5, 2014

Dec. 5, 2014

PACER

Set/Reset Deadlines as to File Motion to Dismiss Complaint by 1/9/15;Responses due by 2/6/2015. Replies due by 2/20/2015. Motion Hearing set for 3/10/2015 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 12/5/2014)

Dec. 5, 2014

Dec. 5, 2014

PACER
26

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Snell, James) (Filed on 1/5/2015) (Entered: 01/05/2015)

Jan. 5, 2015

Jan. 5, 2015

PACER
27

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Bressler, Steven) (Filed on 1/5/2015) (Entered: 01/05/2015)

Jan. 5, 2015

Jan. 5, 2015

PACER
28

MOTION to Dismiss (Partial) filed by James B. Comey, Federal Bureau of Investigation, Eric H. Holder, Jr, United States Department of Justice. Motion Hearing set for 3/10/2015 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 2/6/2015. Replies due by 2/20/2015. (Attachments: # 1 Proposed Order)(Bressler, Steven) (Filed on 1/9/2015) (Entered: 01/09/2015)

1 Proposed Order

View on PACER

Jan. 9, 2015

Jan. 9, 2015

Clearinghouse
29

JOINT CASE MANAGEMENT STATEMENT filed by James B. Comey, Federal Bureau of Investigation, Eric H. Holder, Jr, United States Department of Justice, Twitter. (Attachments: # 1 Proposed Order)(Berman, Julia) (Filed on 1/20/2015) Modified on 1/21/2015 (vlkS, COURT STAFF). (Entered: 01/20/2015)

1 Proposed Order

View on PACER

Jan. 20, 2015

Jan. 20, 2015

RECAP
31

Minute Entry for proceedings held before Hon. Yvonne Gonzalez Rogers: Initial Case Management Conference held on 1/26/2015.Court Reporter : Raynee Mercado. Plaintiff Attorney James Snell and Michael Sussmann. Defendant Attorney Steven Bressler and Julia Berman. Attachment Minutes.(fs, COURT STAFF) (Date Filed: 1/26/2015) Modified on 1/30/2015 (cpS, COURT STAFF). (Entered: 01/29/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER
30

TRANSCRIPT ORDER by Twitter, Inc. for Court Reporter Raynee Mercado. (Snell, James) (Filed on 1/27/2015) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

PACER
32

TRANSCRIPT ORDER by James B. Comey, Federal Bureau of Investigation, Eric H. Holder, Jr, United States Department of Justice for Court Reporter Raynee Mercado. (Bressler, Steven) (Filed on 1/30/2015) (Entered: 01/30/2015)

Jan. 30, 2015

Jan. 30, 2015

PACER
33

Transcript of Proceedings held on January 26, 2015, before Judge Yvonne Gonzalez Rogers. Court Reporter Raynee H. Mercado, CSR, Telephone number 510-502-6175, cacsr8258@gmail.com, raynee_mercado@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks 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 30 Transcript Order, 32 Transcript Order ) Release of Transcript Restriction set for 5/4/2015. (Related document(s) 30, 32 ) (rhm) (Filed on 2/3/2015) (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

Clearinghouse
34

RESPONSE (re 28 MOTION to Dismiss (Partial) ) Opposition to Partial Motion to Dismiss filed byTwitter, Inc.. (Attachments: # 1 Proposed Order)(Snell, James) (Filed on 2/6/2015) (Entered: 02/06/2015)

1 Proposed Order

View on PACER

Feb. 6, 2015

Feb. 6, 2015

RECAP
35

STIPULATION WITH PROPOSED ORDER to Set a Revised Briefing Schedule filed by Twitter, Inc., Eric H. Holder, Jr.. (Attachments: # 1 Declaration, # 2 Proposed Order)(Snell, James) (Filed on 2/12/2015) Modified on 2/12/2015 (cpS, COURT STAFF). (Entered: 02/12/2015)

1 Declaration

View on PACER

2 Proposed Order

View on PACER

Feb. 12, 2015

Feb. 12, 2015

PACER
36

ORDER by Judge Yvonne Gonzalez Rogers granting 35 Stipulation Setting Revised Briefing Schedule (fs, COURT STAFF) (Filed on 2/13/2015) (Entered: 02/13/2015)

Feb. 13, 2015

Feb. 13, 2015

RECAP

Set Motion and Deadlines/Hearings

Feb. 13, 2015

Feb. 13, 2015

PACER

Set/Reset Deadlines as to 28 MOTION to Dismiss (Partial). 2/17/15 for amicus briefs, if any;Replies due by 3/4/2015. Motion Hearing set for 3/31/2015 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 2/13/2015)

Feb. 13, 2015

Feb. 13, 2015

PACER
37

MOTION to File Amicus Curiae Brief filed by Reporters Committee for Freedom of the Press. Responses due by 3/3/2015. Replies due by 3/10/2015. (Attachments: # 1 Exhibit Amicus Brief)(KatieLynn, Townsend) (Filed on 2/17/2015) (Entered: 02/17/2015)

1 Exhibit Amicus Brief

View on RECAP

Feb. 17, 2015

Feb. 17, 2015

PACER
38

NOTICE of Appearance by David A Greene (Greene, David) (Filed on 2/17/2015) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
39

NOTICE of Appearance by Andrew Gellis Crocker (Crocker, Andrew) (Filed on 2/17/2015) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
40

NOTICE of Appearance by Kurt Bradford Opsahl (Opsahl, Kurt) (Filed on 2/17/2015) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
41

STIPULATION WITH PROPOSED ORDER for [Proposed] Amici Corps. 1 & 2 to Proceed Under Pseudonym filed by Corporations 1 & 2. (Opsahl, Kurt) (Filed on 2/17/2015) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

RECAP
42

MOTION for Leave to File Brief Amici Curiae filed by Corporations 1 & 2. (Attachments: # 1 Exhibit [Proposed] Amici Brief, # 2 Proposed Order)(Opsahl, Kurt) (Filed on 2/17/2015) (Entered: 02/17/2015)

1 Exhibit [Proposed] Amici Brief

View on RECAP

2 Proposed Order

View on PACER

Feb. 17, 2015

Feb. 17, 2015

RECAP
43

NOTICE of Appearance by Thomas R. Burke (Burke, Thomas) (Filed on 2/17/2015) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
44

NOTICE of Appearance by Deborah A. Adler (Adler, Deborah) (Filed on 2/17/2015) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
45

NOTICE of Appearance by Peter Karanjia (Karanjia, Peter) (Filed on 2/17/2015) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

RECAP
46

MOTION for Leave to File Amici Curiae Brief filed by CloudFlare, Inc., CREDO Mobile, Inc., A Medium Corporation, Wickr, Inc., Wikimedia Foundation, Automattic Inc., Sonic.net, Inc.. (Attachments: # 1 Amici Curiae Brief, # 2 Declaration of Marcia Hofmann, # 3 Proposed Order)(Hofmann, Marcia) (Filed on 2/17/2015) (Entered: 02/17/2015)

1 Amici Curiae Brief

View on RECAP

2 Declaration of Marcia Hofmann

View on PACER

3 Proposed Order

View on PACER

Feb. 17, 2015

Feb. 17, 2015

PACER
47

NOTICE of Appearance by Marcia Clare Hofmann (Hofmann, Marcia) (Filed on 2/17/2015) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
48

NOTICE by BuzzFeed, Inc., First Look Media, Inc., Guardian News & Media, National Public Radio, Inc., PEN American Center, WP Company LLC dba: The Washington Post RULE 7.1 DISCLOSURE STATEMENT FOR MEDIA AND WRITERS AMICI (Burke, Thomas) (Filed on 2/17/2015) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
49

MOTION to File Amicus Curiae Brief filed by BuzzFeed, Inc., First Look Media, Inc., Guardian News & Media, National Public Radio, Inc., PEN American Center, WP Company LLC dba: The Washington Post. Responses due by 3/3/2015. Replies due by 3/10/2015. (Attachments: # 1 Brief for Media and Writers Amici, # 2 Proposed Order)(Burke, Thomas) (Filed on 2/17/2015) (Entered: 02/17/2015)

1 Brief for Media and Writers Amici

View on RECAP

2 Proposed Order

View on PACER

Feb. 17, 2015

Feb. 17, 2015

PACER
50

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-9294676.) filed by BuzzFeed, Inc., First Look Media, Inc., Guardian News & Media, National Public Radio, Inc., PEN American Center, WP Company LLC dba: The Washington Post. (Adler, Deborah) (Filed on 2/17/2015) Modified on 2/18/2015 (cpS, COURT STAFF). (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
51

NOTICE of Appearance by Joseph Charles Gratz for Amicus Curiae Freedom of the Press Foundation (Gratz, Joseph) (Filed on 2/17/2015) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

RECAP
52

MOTION to File Amicus Curiae Brief filed by Freedom of the Press Foundation. Responses due by 3/3/2015. Replies due by 3/10/2015. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Gratz, Joseph) (Filed on 2/17/2015) (Entered: 02/17/2015)

1 Amicus Brief

View on Clearinghouse

2 Proposed Order

View on PACER

Feb. 17, 2015

Feb. 17, 2015

RECAP
53

NOTICE of Appearance by Townsend KatieLynn (KatieLynn, Townsend) (Filed on 2/18/2015) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

PACER
54

ORDER by Judge Yvonne Gonzalez Rogers GRANTING 41 Stipulation for Proposed Amici Corps. 1 & 2 to Proceed Under Pseudonym (ygrlc1, COURT STAFF) (Filed on 2/18/2015) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

PACER
55

ORDER GRANTING LEAVE TO FILE AMICUS CURIAE BRIEFS by Judge Yvonne Gonzalez Rogers granting 37 Motion to File Amicus Curiae Brief; granting 42 Motion for Leave to File; granting 46 Motion for Leave to File; granting 49 Motion to File Amicus Curiae Brief; granting 52 Motion to File Amicus Curiae Brief. The briefs submitted with the motions and requests are DEEMED FILED as of February 17, 2015, and no additional filing is necessary. (fs, COURT STAFF) (Filed on 2/18/2015) (Entered: 02/19/2015)

Feb. 18, 2015

Feb. 18, 2015

RECAP
56

ORDER by Judge Yvonne Gonzalez Rogers granting 50 Motion for Pro Hac Vice as to Peter Karanjia representing Amicus parties: Buzz Feed Inc.; First Look Media Inc.; Guardian News & Media; National Public Radio, Inc.; PEN American Center; WP Company LLC dba the Washington Post. (fs, COURT STAFF) (Filed on 2/19/2015) (Entered: 02/19/2015)

Feb. 19, 2015

Feb. 19, 2015

PACER
57

REPLY (re 28 MOTION to Dismiss (Partial) ) filed byJames B. Comey, Federal Bureau of Investigation, Eric H. Holder, Jr, United States Department of Justice. (Bressler, Steven) (Filed on 3/4/2015) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

RECAP
58

NOTICE of Errata re: Amicus Curiae Brief of the Reporters Committee for Freedom of the Press 37 -1 by Reporters Committee for Freedom of the Press (Attachments: # 1 Errata Corrected Brief Amicus Curiae of the Reporters Committee for Freedom of the Press)(KatieLynn, Townsend) (Filed on 3/10/2015) Modified on 3/11/2015 (cpS, COURT STAFF). (Entered: 03/10/2015)

1 Errata Corrected Brief Amicus Curiae of the Reporters Committee for Freedom of t

View on PACER

March 10, 2015

March 10, 2015

RECAP
59

CLERK'S NOTICE CONTINUING HEARING DATE ON DEFENDANTS' PARTIAL MOTION TO DISMISS, Set/Reset Deadlines as to 28 MOTION to Dismiss (Partial). Motion Hearing set for 3/31/2015 is CONTINUED to Tuesday, 4/14/2015 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (This is a text only docket entry, there is no document associated with this notice.) (fs, COURT STAFF) (Filed on 3/18/2015) (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

PACER
60

STIPULATION WITH PROPOSED ORDER to Request to Continue Hearing on Defendants' Partial Motion to Dismiss filed by Twitter, Inc.., Eric H. Holder, Jr. (Attachments: # 1 Declaration, # 2 Proposed Order)(Sussmann, Michael) (Filed on 3/27/2015) Modified on 3/30/2015 (cpS, COURT STAFF). (Entered: 03/27/2015)

1 Declaration

View on PACER

2 Proposed Order

View on PACER

March 27, 2015

March 27, 2015

RECAP
61

ORDER CONTINUING HEARING ON DEFENDANTS' PARTIAL MOTION TO DISMISS;, Set/Reset Deadlines as to 28 MOTION to Dismiss (Partial). Motion Hearing set for 4/14/2015 is CONTINUED to 5/5/2015 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers.. Signed by Judge Yvonne Gonzalez Rogers on 3/30/15. (fs, COURT STAFF) (Filed on 3/30/2015) (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

RECAP
62

Minute Entry for proceedings held before Hon. Yvonne Gonzalez Rogers: Motion Hearing held and submitted on 5/5/2015 re 28 MOTION to Dismiss (Partial) filed by James B. Comey, Eric H. Holder, Jr., United States Department of Justice, Federal Bureau of Investigation Court Reporter Diane Skillman. Plaintiff Attorney Eric Miller. Defendant Attorney Steven Bressler. Attachment Minutes.(fs, COURT STAFF) (Date Filed: 5/5/2015) (Entered: 05/06/2015)

May 5, 2015

May 5, 2015

PACER
63

TRANSCRIPT ORDER by Twitter, Inc. for Court Reporter Diane Skillman. (Snell, James) (Filed on 5/6/2015) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

PACER
64

Transcript of Proceedings held on May 5, 2015, before Judge Yvonne Gonzalez Rogers. 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 Clerks 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 63 Transcript Order ) Release of Transcript Restriction set for 8/17/2015. (Related documents(s) 63 ) (Skillman, Diane) (Filed on 5/18/2015) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
65

TRANSCRIPT ORDER by James B. Comey, Federal Bureau of Investigation, Eric H. Holder, Jr, United States Department of Justice for Court Reporter Diane Skillman. (Bressler, Steven) (Filed on 5/18/2015) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
66

RESPONSE to Plaintiff's "Claims Tracking Table" by James B. Comey, Federal Bureau of Investigation, Eric H. Holder, Jr, United States Department of Justice. (Attachments: # 1 Exhibit Copy of Plaintiff's "Claims Tracking Table", # 2 Exhibit Notice Regarding Classified Exhibit 2)(Bressler, Steven) (Filed on 5/22/2015) (Entered: 05/22/2015)

1 Exhibit Copy of Plaintiff's "Claims Tracking Table"

View on PACER

2 Exhibit Notice Regarding Classified Exhibit 2

View on PACER

May 22, 2015

May 22, 2015

PACER
67

NOTICE by James B. Comey, Federal Bureau of Investigation, Loretta E. Lynch, United States Department of Justice Regarding Enactment of the USA FREEDOM Act (Attachments: # 1 Exhibit The USA FREEDOM Act of 2015)(Bressler, Steven) (Filed on 6/3/2015) (Entered: 06/03/2015)

1 Exhibit The USA FREEDOM Act of 2015

View on PACER

June 3, 2015

June 3, 2015

RECAP
68

NOTICE by Twitter, Inc. Regarding Enactment of USA Freedom Act (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Snell, James) (Filed on 6/9/2015) (Entered: 06/09/2015)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

June 9, 2015

June 9, 2015

RECAP
69

ORDER DIRECTING FURTHER BRIEFING RE: EFFECT OF RECENT LEGISLATION. Signed by Judge Yvonne Gonzalez Rogers on 6/11/15. (fs, COURT STAFF) (Filed on 6/11/2015) (Entered: 06/11/2015)

June 11, 2015

June 11, 2015

RECAP
70

MOTION for leave to appear in Pro Hac Vice of Amanda L. Andrade ( Filing fee $ 305, receipt number 0971-9605206.) filed by Twitter, Inc.. (Attachments: # 1 Certificate of Good Standing)(Andrade, Amanda) (Filed on 6/16/2015) (Entered: 06/16/2015)

1 Certificate of Good Standing

View on PACER

June 16, 2015

June 16, 2015

PACER
71

ORDER by Judge Yvonne Gonzalez Rogers granting 70 Motion for Pro Hac Vice as to Amanda L. Andrade representing Plaintiff Twitter Inc. (fs, COURT STAFF) (Filed on 6/19/2015) (Entered: 06/19/2015)

June 19, 2015

June 19, 2015

PACER
72

STIPULATION WITH PROPOSED ORDER to Set a Revised Briefing Schedule filed by Twitter, Inc., Loretta E. Lynch. (Attachments: # 1 Declaration, # 2 Proposed Order)(Snell, James) (Filed on 6/23/2015) Modified on 6/24/2015 (cpS, COURT STAFF). (Entered: 06/23/2015)

1 Declaration

View on PACER

2 Proposed Order

View on PACER

June 23, 2015

June 23, 2015

PACER
73

ORDER by Judge Yvonne Gonzalez Rogers granting 72 Stipulation Setting Revised Briefing Schedule. (fs, COURT STAFF) (Filed on 6/29/2015) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
74

Supplemental Brief Regarding the USA FREEDOM Act of 2015 re 69 Order filed byJames B. Comey, Federal Bureau of Investigation, Loretta E. Lynch, United States Department of Justice. (Related document(s) 69 ) (Bressler, Steven) (Filed on 7/17/2015) Modified on 7/20/2015 (cpS, COURT STAFF). (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

Clearinghouse
75

Opening Supplemental Brief on Effect of Recent Legislation re 69 Order filed byTwitter, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 69 ) (Sussmann, Michael) (Filed on 7/17/2015) Modified on 7/20/2015 (cpS, COURT STAFF). (Entered: 07/17/2015)

1 Exhibit A

View on PACER

July 17, 2015

July 17, 2015

Clearinghouse
76

Reply Supplemental Brief on Effect of Recent Legislation re 74 Supplemental Brief, filed byTwitter, Inc.. (Related document(s) 74 ) (Sussmann, Michael) (Filed on 8/7/2015) Modified on 8/10/2015 (cpS, COURT STAFF). (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

Clearinghouse
77

Defendants' Reply Addressing Plaintiff's Supplemental Brief Regarding the USA FREEDOM Act filed byJames B. Comey, Federal Bureau of Investigation, Loretta E. Lynch, United States Department of Justice. (Attachments: # 1 Exhibit 1)(Related document(s) 75 ) (Berman, Julia) (Filed on 8/7/2015) Modified on 8/10/2015 (cpS, COURT STAFF). (Entered: 08/07/2015)

1 Exhibit 1

View on PACER

Aug. 7, 2015

Aug. 7, 2015

Clearinghouse
78

NOTICE by James B. Comey, Federal Bureau of Investigation, Loretta E. Lynch, United States Department of Justice of Recent Authority (Attachments: # 1 Recent Order of the U.S. Court of Appeals for the Ninth Circuit)(Bressler, Steven) (Filed on 8/28/2015) (Entered: 08/28/2015)

1 Recent Order of the U.S. Court of Appeals for the Ninth Circuit

View on RECAP

Aug. 28, 2015

Aug. 28, 2015

RECAP
79

CLERK'S NOTICE SETTING HEARING RE SUPPLEMENTAL BRIEFING.Hearing re Supplemental Briefing [Order at Dkt. No. 73 ] is set for Tuesday, 9/22/2015 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 9/4/2015) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
80

STIPULATION WITH PROPOSED ORDER to Continuing Hearing on Effect of Recent Legislation filed by Twitter, Inc., Loretta E. Lynch. (Attachments: # 1 Declaration of Michael A. Sussmann, # 2 Proposed Order)(Sussmann, Michael) (Filed on 9/10/2015) Modified on 9/11/2015 (cpS, COURT STAFF). (Entered: 09/10/2015)

1 Declaration of Michael A. Sussmann

View on PACER

2 Proposed Order

View on PACER

Sept. 10, 2015

Sept. 10, 2015

PACER
81

ORDER by Judge Yvonne Gonzalez Rogers granting 80 Stipulation/Request to Continue Hearing re: Effect of USA Freedom Act; Directing the Filing of Supplemental Briefing. (fs, COURT STAFF) (Filed on 9/11/2015) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

RECAP

Set Motion and Deadlines/Hearings

Sept. 11, 2015

Sept. 11, 2015

PACER

Set/Reset Deadlines as to 28 MOTION to Dismiss (Partial). Motion Hearing set for 9/22/2015 is CONTINUED to 10/13/2015 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 9/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
82

Response to Court's Four Questions on Effect of Recent Legislation filed byTwitter, Inc.. (Sussmann, Michael) (Filed on 9/28/2015) Modified on 9/29/2015 (cpS, COURT STAFF). (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

RECAP
83

Supplemental Brief in Response re 81 Order on Stipulation filed byJames B. Comey, Federal Bureau of Investigation, Loretta E. Lynch, United States Department of Justice. (Related document(s) 81 ) (Bressler, Steven) (Filed on 9/28/2015) Modified on 9/29/2015 (cpS, COURT STAFF). (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

RECAP
84

Minute Entry for proceedings held before Hon. Yvonne Gonzalez Rogers: Motion Hearing held and submitted on 10/13/2015 re 28 MOTION to Dismiss (Partial) filed by James B. Comey, Eric H. Holder, Jr., United States Department of Justice, Federal Bureau of Investigation. Court Reporter Name Raynee Mercado. Plaintiff Attorney Michael Sussman. Defendant Attorney Steven Bressler. Attachment MINUTES.(fs, COURT STAFF) (Date Filed: 10/13/2015) (Entered: 10/14/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
85

ORDER DENYING MOTION TO DISMISS AS MOOT AND, ON THE COURT'S OWN MOTION, ORDERING FILING OF AMENDED COMPLAINT IN LIGHT OF RECENT LEGISLATION by Judge Yvonne Gonzalez Rogers ; denying 28 Motion to Dismiss. (fs, COURT STAFF) (Filed on 10/14/2015) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

Clearinghouse
86

TRANSCRIPT ORDER by Twitter, Inc. for Court Reporter Raynee Mercado. (Snell, James) (Filed on 10/14/2015) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
87

Transcript of Proceedings held on October 13, 2015, before Judge Yvonne Gonzalez Rogers. Court Reporter Raynee H. Mercado, CSR, telephone number 510-502-6175, cacsr8258@gmail.com, raynee_mercado@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 86 Transcript Order ) Release of Transcript Restriction set for 1/19/2016. (Related document(s) 86 ) (rhm) (Filed on 10/21/2015) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

PACER
88

AMENDED COMPLAINT for Declaratory Judgment and Injunctive Relief 28 U.S.C. §§ 2201 and 2202 against All Defendants. Filed byTwitter, Inc.. (Snell, James) (Filed on 11/13/2015) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

Clearinghouse
89

CLERK'S NOTICE VACATING THE FRIDAY, NOVEMBER 20, 2015 AT 9:01AM COMPLIANCE HEARING. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 11/16/2015) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
90

MOTION for Extension of Time to File Response/Reply as to 88 Amended Complaint filed by James B. Comey, Federal Bureau of Investigation, Loretta E. Lynch, United States Department of Justice. (Attachments: # 1 Proposed Order)(Berman, Julia) (Filed on 11/19/2015) Modified on 11/20/2015 (cpS, COURT STAFF). (Entered: 11/19/2015)

1 Proposed Order

View on PACER

Nov. 19, 2015

Nov. 19, 2015

PACER
91

ORDER by Judge Gonzalez Rogers granting 90 Motion for Extension of Time to File Response/Reply 88 Amended Complaint Response to Amended Complaint due by 1/15/2016. (ygrlc1, COURT STAFF) (Filed on 11/23/2015) (Entered: 11/23/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
92

STIPULATION WITH PROPOSED ORDER Requesting to Set a Briefing Schedule filed by Twitter, Inc.. (Attachments: # 1 Declaration of Michael A. Sussmann, # 2 Proposed Order)(Snell, James) (Filed on 1/14/2016) (Entered: 01/14/2016)

1 Declaration of Michael A. Sussmann

View on PACER

2 Proposed Order

View on RECAP

Jan. 14, 2016

Jan. 14, 2016

PACER
93

ORDER GRANTING IN PART STIPULATED REQUEST TO SET BRIEFING SCHEDULE, AS MODIFIED BY THE COURT. Set/Reset Deadlines as to Defendants' Anticipated Motion to Dismiss: Responses due by 2/5/2016. Replies due by 2/26/2016. Motion Hearing set for 3/15/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 1/15/16. (fs, COURT STAFF) (Filed on 1/15/2016) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

RECAP
94

MOTION to Dismiss the Amended Complaint filed by James B. Comey, Federal Bureau of Investigation, Loretta E. Lynch, United States Department of Justice. Motion Hearing set for 3/15/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 2/5/2016. Replies due by 2/26/2016. (Attachments: # 1 Proposed Order)(Berman, Julia) (Filed on 1/15/2016) (Entered: 01/15/2016)

1 Proposed Order

View on PACER

Jan. 15, 2016

Jan. 15, 2016

Clearinghouse

Case Details

State / Territory: California

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act—Internet Metadata

Foreign Intelligence Surveillance Act—Foreign Targeting (702, 703, 704)

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 7, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Twitter, a global information sharing and distribution network

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Youth Law

Perkins Coie

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Justice, Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

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:

Records Disclosure

Terrorism/Post 9-11 issues

Type of Facility:

Government-run