Case: Perez v. Clapper

3:14-cv-00050 | U.S. District Court for the Western District of Texas

Filed Date: Feb. 5, 2014

Closed Date: 2015

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Case Summary

On February 5, 2014, two activists filed this lawsuit pro se in the U.S. District Court for the Western District of Texas. The plaintiffs sued the National Security Agency and the U.S. Department of Justice under Bivens. The plaintiffs alleged violations of their First, Fourth, and Fifth Amendment Rights and requested declaratory relief. Specifically, the plaintiffs alleged that the defendants subjected the plaintiffs to a mass surveillance program which directed Verizon to collect telephone re…

On February 5, 2014, two activists filed this lawsuit pro se in the U.S. District Court for the Western District of Texas. The plaintiffs sued the National Security Agency and the U.S. Department of Justice under Bivens. The plaintiffs alleged violations of their First, Fourth, and Fifth Amendment Rights and requested declaratory relief. Specifically, the plaintiffs alleged that the defendants subjected the plaintiffs to a mass surveillance program which directed Verizon to collect telephone records for over one million Americans which, according to the complaint, was revealed by The Guardian in an article published on June 6, 2013. This case is part of a series of lawsuits filed against the NSA for its "Bulk Telephony Metadata Program," which was authorized under Section 501 of the Foreign Intelligence Surveillance Act of 1978 ("FISA"). (These cases can be found as a part of a special collection on the Clearinghouse.)

On January 23, 2015, the defendants filed a motion to dismiss, arguing that the court lacked jurisdiction and the plaintiffs failed to state claims on which relief may be granted. The plaintiffs responded that they did have valid Constitutional claims, and noted that in other cases--specifically, ACLU v. Clapper, Klayman v. Obama, and Smith v. Obama--courts had found that similar plaintiffs did have standing.

On August 6, 2015, Judge Kathleen Cardone issued an order staying this case for six months and denying the defendants' motion to dismiss as moot. Judge Cardone noted that the plaintiffs' case was based on ongoing court proceedings in the aforementioned Klayman, Smith, and ACLU cases, and as such the plaintiffs were also waiting on the outcomes of these cases to determine how to proceed in this action. Judge Cardone allowed the plaintiffs to move to reopen this case in six months. This case was administratively closed. The case was not reopened within the allotted six months, and there have been no updates to the docket since August 2015.

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Summary Authors

John He (9/27/2015)

Dawn Lui (10/19/2018)

Klayman v. Obama, District of Columbia (2013)

Smith v. Obama, District of Idaho (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4401132/parties/perez-v-clapper/

Judge(s)

Cardone, Kathleen (Texas)

Attorney for Plaintiff

Attorney for Defendant

Berman, Julia Alexandra (District of Columbia)

Berman, Marcia (Texas)

Clopper, John Dalton (Texas)

Gilligan, James J. (Texas)

Judge(s)

Cardone, Kathleen (Texas)

Attorney for Plaintiff

Perez, Jaime O. (Texas)

Starr, Carl M. (Texas)

Attorney for Defendant

Berman, Julia Alexandra (District of Columbia)

Berman, Marcia (Texas)

Clopper, John Dalton (Texas)

Gilligan, James J. (Texas)

Harwood, Christopher Blake (Texas)

Jones, David Stuart (Texas)

Morte, Tara Marie (Texas)

Patton, Rodney (Texas)

Sady, Michael P. (Texas)

Scott, Olivia Hussey (Texas)

Whitman, James R. (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:14-cv-00050	Docket	Aug. 17, 2015	Aug. 17, 2015 Docket
1 3:14-cv-00050	Complaint	Feb. 5, 2014	Feb. 5, 2014 Complaint
26 3:14-cv-00050	Third Amended Complaint	Oct. 31, 2014	Oct. 31, 2014 Complaint
79 3:14-cv-00050	Order	Aug. 6, 2015	Aug. 6, 2015 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4401132/perez-v-clapper/

Last updated Aug. 18, 2023, 3 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT ( Filing fee $ 400 receipt number 300018416), filed by Jaime O Perez, Carl M. Starr.(jg1) (Entered: 02/06/2014)	Feb. 5, 2014	Feb. 5, 2014 RECAP
2	JS44 (Civil Cover Sheet) submitted by Jaime O Perez, Carl M. Starr. (jg1) (Entered: 02/06/2014)	Feb. 5, 2014	Feb. 5, 2014 PACER
3	Summons Issued as to James R. Clapper. (dl1) (Entered: 02/21/2014)	Feb. 20, 2014	Feb. 20, 2014 PACER
4	Summons Issued as to Eric H. Holder, Jr. (dl1) (Entered: 02/21/2014)	Feb. 20, 2014	Feb. 20, 2014 PACER
5	Summons Issued as to James B. Comey. (dl1) (Entered: 02/21/2014)	Feb. 20, 2014	Feb. 20, 2014 PACER
6	SUMMONS Returned Executed by Jaime O. Perez, Carl M. Starr. James R. Clapper served on 3/25/2014, answer due 5/24/2014. (dl1) Modified on 4/9/2014 (dl1). (Entered: 04/08/2014)	April 8, 2014	April 8, 2014 PACER
7	SUMMONS Returned Executed by Jaime O. Perez, Carl M. Starr. James B. Comey served on 3/19/2014, answer due 5/18/2014. (dl1) Modified on 4/9/2014 (dl1). (Entered: 04/08/2014)	April 8, 2014	April 8, 2014 PACER
8	SUMMONS Returned Executed by Jaime O. Perez, Carl M. Starr. Eric H. Holder, Jr served on 4/17/2014, answer due 6/17/2014. (dl1) (Entered: 05/01/2014)	April 30, 2014	April 30, 2014 PACER
9	MOTION for Default Judgment against James B. Comey by Jaime O. Perez, Carl M. Starr. (dl1) (Entered: 05/22/2014)	May 20, 2014	May 20, 2014 PACER
10	NOTICE of Filing Request for Clerks Entry of Default by Jaime O. Perez, Carl M. Starr (dl1) (Entered: 05/22/2014)	May 20, 2014	May 20, 2014 PACER
11	ORDER DENYING 9 Motion for Default Judgment Signed by Judge Kathleen Cardone. (dl1) (Entered: 05/23/2014)	May 22, 2014	May 22, 2014 PACER
12	AMENDED COMPLAINT against James R. Clapper, James B. Comey, Eric H. Holder, Jr amending COMPLAINT, filed by Jaime O. Perez.(mt) (Entered: 05/27/2014)	May 27, 2014	May 27, 2014 PACER
13	MOTION for Default Judgment against All Defendants by Carl M. Starr. (Attachments: # 1 Proposed Entry of Default Judgment, # 2 Proposed Final Judgment)(mc6) (Entered: 07/31/2014) 1 Proposed Order View on PACER 2 Proposed Order View on PACER	July 31, 2014	July 31, 2014 PACER
14	ORDER DENYING 13 Motion for Default Judgment Signed by Judge Kathleen Cardone. (dl1) (Entered: 08/06/2014)	Aug. 6, 2014	Aug. 6, 2014 PACER
15	Doc#14 sent certified mail to Jaime O Perez (dl1) (Entered: 08/07/2014)	Aug. 7, 2014	Aug. 7, 2014 PACER
16	Certified Mail Receipt returned marked - return to sender, unclaimed, unable to forward - sent to Jaime O. Perez of 14 Order on Motion for Default Judgment (dl1) (Main Document 16 replaced on 8/28/2014) (dl1). (Entered: 08/27/2014)	Aug. 25, 2014	Aug. 25, 2014 PACER
17	SUMMONS Returned Executed James R. Clapper served on 8/14/2014, answer due 10/14/2014. (mc6) (Entered: 09/09/2014)	Sept. 4, 2014	Sept. 4, 2014 PACER
18	SUMMONS Returned Executed Eric H. Holder, Jr served on 8/14/2014, answer due 10/14/2014. (mc6) (Entered: 09/09/2014)	Sept. 4, 2014	Sept. 4, 2014 PACER
19	SUMMONS Returned Executed James B. Comey served on 8/14/2014, answer due 10/14/2014. (mc6) (Entered: 09/09/2014)	Sept. 4, 2014	Sept. 4, 2014 PACER
20	MOTION for Leave to File Amended Complaint by Jaime O. Perez, Carl M. Starr. (Attachments: # 1 Proposed Order, # 2 proposed document)(dl1) (Entered: 09/11/2014) 1 Proposed Order View on PACER 2 proposed document View on PACER	Sept. 10, 2014	Sept. 10, 2014 PACER
21	AMENDED COMPLAINT against James R. Clapper, James B. Comey, Eric H. Holder, Jr amending, filed by Jaime O. Perez, Carl M. Starr.(dl1) (Entered: 09/15/2014)	Sept. 12, 2014	Sept. 12, 2014 PACER
22	SUPPLEMENT to 21 Amended Complaint by Carl M. Starr. (dl1) (Entered: 09/18/2014)	Sept. 17, 2014	Sept. 17, 2014 RECAP
23	NOTICE of Attorney Appearance by James R. Whitman on behalf of James R. Clapper, James B. Comey, Eric H. Holder, Jr. Attorney James R. Whitman added to party James R. Clapper(pty:dft), Attorney James R. Whitman added to party James B. Comey(pty:dft), Attorney James R. Whitman added to party Eric H. Holder, Jr(pty:dft) (Whitman, James) (Entered: 10/14/2014)	Oct. 14, 2014	Oct. 14, 2014
24	MOTION to Dismiss for Lack of Jurisdiction by James R. Clapper, James B. Comey, Eric H. Holder, Jr. (Whitman, James) (Entered: 10/14/2014)	Oct. 14, 2014	Oct. 14, 2014
25	MOTION for Leave to File Third Amended Complaint by Jaime O. Perez, Carl M. Starr. (Attachments: # 1 Amended Complaint)(dl1) (Entered: 10/30/2014)	Oct. 30, 2014	Oct. 30, 2014
26	THIRD AMENDED COMPLAINT against James R. Clapper, James B. Comey, Eric H. Holder, Jr amending, filed by Jaime O. Perez, Carl M. Starr.(dl1) (Entered: 11/03/2014)	Oct. 31, 2014	Oct. 31, 2014
	Text Order DENYING 24 Motion to Dismiss for Lack of Jurisdiction entered by Judge Kathleen Cardone. (This is a text−only entry generated by the court. There is no document associated with this entry.) (KC) (Entered: 10/31/2014)	Oct. 31, 2014	Oct. 31, 2014
	Text Order GRANTING 25 Motion for Leave to File entered by Judge Kathleen Cardone. (This is a text−only entry generated by the court. There is no document associated with this entry.) (KC) (Entered: 10/31/2014)	Oct. 31, 2014	Oct. 31, 2014
27	MOTION for Leave to File Third Amended Complaint by Jaime O. Perez, Carl M. Starr. (Attachments: # 1 exhibits)(dl1) (Entered: 11/03/2014)	Nov. 3, 2014	Nov. 3, 2014
29	MOTION to Stay Case by Jaime O. Perez, Carl M. Starr. (dl1) (Entered: 11/17/2014)	Nov. 13, 2014	Nov. 13, 2014
28	Joint MOTION to Stay Case Pending Related Appellate Decisions by James R. Clapper, James B. Comey, Eric H. Holder, Jr. (Attachments: # 1 Proposed Order, # 2 Exhibit A)(Berman, Julia) (Entered: 11/14/2014)	Nov. 14, 2014	Nov. 14, 2014
30	NOTICE of Attorney Appearance by Julia Alexandra Berman on behalf of James R. Clapper, James B. Comey, Eric H. Holder, Jr. Attorney Julia Alexandra Berman added to party James R. Clapper(pty:dft), Attorney Julia Alexandra Berman added to party James B. Comey(pty:dft), Attorney Julia Alexandra Berman added to party Eric H. Holder, Jr(pty:dft) (Berman, Julia) (Entered: 12/02/2014)	Dec. 2, 2014	Dec. 2, 2014
	Text Order MOOTING 29 Motion to Stay Case entered by Judge Kathleen Cardone. (This is a text−only entry generated by the court. There is no document associated with this entry.) (KC) (Entered: 12/02/2014)	Dec. 2, 2014	Dec. 2, 2014
	Text Order DENYING 28 Motion to Stay Case entered by Judge Kathleen Cardone. (This is a text−only entry generated by the court. There is no document associated with this entry.) (KC) (Entered: 12/02/2014)	Dec. 2, 2014	Dec. 2, 2014
	Text Order DENYING AS MOOOT 27 Motion for Leave to File. This motion is identical to the previously granted motion and it attaches an identical complaint to that currently on file with this Court. Accordingly, the Court finds it duplicative and DENIES IT AS MOOT. Entered by Judge Kathleen Cardone. (This is a text−only entry generated by the court. There is no document associated with this entry.) (KC) (Entered: 12/03/2014)	Dec. 3, 2014	Dec. 3, 2014
31	Text orders sent certified mail to Jaime O. Perez (dl1) (Entered: 12/08/2014)	Dec. 8, 2014	Dec. 8, 2014
32	Text orders sent certified mail to Carl M. Starr (dl1) (Entered: 12/08/2014)	Dec. 8, 2014	Dec. 8, 2014
33	Joint MOTION to Set Briefing Schedule, Expand Page Limits, and Toll Pretrial Deadlines Until Fourteen Days after the Courts Decision on Defendants Dispositive Motion by James R. Clapper, James B. Comey, Eric H. Holder, Jr. (Attachments: # 1 Proposed Order)(Berman, Julia) (Entered: 12/09/2014)	Dec. 9, 2014	Dec. 9, 2014
34	ORDER GRANTING 33 Motion to Set Briefing Schedule and Expand Page Limits Signed by Judge Kathleen Cardone. (dl1) (Entered: 12/12/2014)	Dec. 12, 2014	Dec. 12, 2014
35	Document #34 sent certified mail to Carl M Starr (dl1) (Entered: 12/15/2014)	Dec. 15, 2014	Dec. 15, 2014
36	Document #34 sent certified mail to Jaime O Perez (dl1) (Entered: 12/15/2014)	Dec. 15, 2014	Dec. 15, 2014
37	Certified Mail Receipt of Order on Motion to Stay Case, Order on Motion to Stay Case, Order on Motion for Leave to File to Carl M Starr on 12/17/14 (dl1) (Entered: 12/23/2014)	Dec. 22, 2014	Dec. 22, 2014
38	Certified Mail Receipt of Order on Motion to Stay Case, Order on Motion to Stay Case, Order on Motion for Leave to File,RETURNED UNCLAIMED as to Jaime O. Perez (mn) (Entered: 12/31/2014)	Dec. 29, 2014	Dec. 29, 2014
39	Certified Mail Receipt of 34 Order on Motion for Miscellaneous Relief RETURNED UNCLAIMED as to Jaime O. Perez (mn) (Entered: 12/31/2014)	Dec. 29, 2014	Dec. 29, 2014
40	MOTION to Dismiss Defendants Motion to Dismiss and Memorandum in Support Thereof by James R. Clapper, James B. Comey, Eric H. Holder, Jr. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Berman, Julia) (Entered: 01/23/2015)	Jan. 23, 2015	Jan. 23, 2015
41	Response in Opposition to Motion, filed by Carl M. Starr, re 40 MOTION to Dismiss Defendants Motion to Dismiss and Memorandum in Support Thereof filed by Defendant James B. Comey, Defendant Eric H. Holder, Jr., Defendant James R. Clapper (mt) (Entered: 02/19/2015)	Feb. 13, 2015	Feb. 13, 2015
42	RESPONSE in Support, filed by James R. Clapper, James B. Comey, Eric H. Holder, Jr, re 40 MOTION to Dismiss Defendants Motion to Dismiss and Memorandum in Support Thereof filed by Defendant James B. Comey, Defendant Eric H. Holder, Jr., Defendant James R. Clapper (Berman, Julia) (Entered: 03/06/2015)	March 6, 2015	March 6, 2015
43	MOTION for Leave to File Plaintiff's Respsonse to Defendant's Reply by Carl M. Starr. (Attachments: # 1 Plaintiff's Response to Defendant's Reply)(vm1) (Entered: 03/16/2015)	March 16, 2015	March 16, 2015
44	MOTION for Leave to File DECLARATION OF PLAINTIFFS by Carl M. Starr. (Attachments: # 1 DECLARATION OF CARL STARR, # 2 DECLARATION OF JAIME O. PEREZ)(vm1) (Entered: 03/16/2015)	March 16, 2015	March 16, 2015
45	PLAINTIFF'S RESPONSE TO DEFENDANT'S REPLY BRIEF to 42 by Jaime O. Perez. (mt) (Entered: 03/19/2015)	March 18, 2015	March 18, 2015
46	NOTICE of Filing DECLARATION OF CARL STARR by Jaime O. Perez (mt) (Entered: 03/19/2015)	March 18, 2015	March 18, 2015
	Text Order GRANTING 43 Motion for Leave to File entered by Judge Kathleen Cardone. (This is a text−only entry generated by the court. There is no document associated with this entry.) (KC) (Entered: 03/18/2015)	March 18, 2015	March 18, 2015
47	Clerk's Copy sent via certified mail as to Jaime O. Perez of Order on Motion for Leave to File, Order on Motion for Leave to File (bg) (Entered: 03/20/2015)	March 20, 2015	March 20, 2015
48	Clerk's Copy sent via certified mail as to Carl M. Starr of Order on Motion for Leave to File, Order on Motion for Leave to File (bg) (Entered: 03/20/2015)	March 20, 2015	March 20, 2015
49	Certified Mail Receipt as to Carl M. Starr of Order on Motion for Leave to File, Order on Motion for Leave to File (bg) (Entered: 03/30/2015)	March 26, 2015	March 26, 2015
50	Certified Mail Receipt as to Jaime O. Perez RETURNED TO SENDER Re: Order on Motion for Leave to File, Order on Motion for Leave to File (bg) (Entered: 04/09/2015)	April 8, 2015	April 8, 2015
51	Leave to File Document	May 14, 2015	May 14, 2015 PACER
52	Response	May 21, 2015	May 21, 2015 PACER
53	Leave to File Document	May 27, 2015	May 27, 2015 PACER
	Order on Motion for Leave to File	May 28, 2015	May 28, 2015 PACER
	Order on Motion for Leave to File	May 28, 2015	May 28, 2015 PACER
54	Notice of Filing	May 29, 2015	May 29, 2015 PACER
55	Reply to Response to Motion	May 29, 2015	May 29, 2015 PACER
56	Leave to File Document	May 29, 2015	May 29, 2015 PACER
57	Clerk's Copy	June 2, 2015	June 2, 2015 PACER
58	Clerk's Copy	June 2, 2015	June 2, 2015 PACER
59	Order	June 4, 2015	June 4, 2015 PACER
60	Clerk's Copy	June 4, 2015	June 4, 2015 PACER
61	Clerk's Copy	June 4, 2015	June 4, 2015 PACER
62	Certified Mail Receipt	June 12, 2015	June 12, 2015 PACER
63	Certified Mail Receipt	June 12, 2015	June 12, 2015 PACER
64	Notice	June 15, 2015	June 15, 2015 PACER
65	Extension of Time to File Document	June 16, 2015	June 16, 2015 PACER
66	Response to Motion	June 17, 2015	June 17, 2015 PACER
67	Certified Mail Receipt	June 17, 2015	June 17, 2015 PACER
	Order on Motion for Extension of Time to File	June 18, 2015	June 18, 2015 PACER
	Order on Motion for Leave to File	June 18, 2015	June 18, 2015 PACER
68	Notice of Filing	June 19, 2015	June 19, 2015 PACER
69	Clerk's Copy	June 22, 2015	June 22, 2015 PACER
70	Clerk's Copy	June 22, 2015	June 22, 2015 PACER
71	Clerk's Copy	June 22, 2015	June 22, 2015 PACER
72	Clerk's Copy	June 22, 2015	June 22, 2015 PACER
73	Certified Mail Receipt	June 23, 2015	June 23, 2015 PACER
74	Certified Mail Receipt	June 25, 2015	June 25, 2015 PACER
75	Certified Mail Receipt	June 30, 2015	June 30, 2015 PACER
76	Certified Mail Receipt	June 30, 2015	June 30, 2015 PACER
77	Certified Mail Receipt	July 2, 2015	July 2, 2015 PACER
78	Brief	Aug. 4, 2015	Aug. 4, 2015 PACER
79	Order on Motion to Dismiss	Aug. 6, 2015	Aug. 6, 2015 PACER
80	Clerk's Copy	Aug. 7, 2015	Aug. 7, 2015 PACER
81	Clerk's Copy	Aug. 7, 2015	Aug. 7, 2015 PACER
82	Certified Mail Receipt	Aug. 17, 2015	Aug. 17, 2015 PACER