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Case: Paul v. Obama

1:14-cv-00262 | U.S. District Court for the District of Columbia

Filed Date: Feb. 18, 2014

Closed Date: Feb. 7, 2019

Clearinghouse coding complete

Case Summary

On February 18, 2014, Senator Rand Paul of Kentucky and non-profit organization FreedomWorks filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued the U.S. government, including the NSA and FBI, under the Declaratory Judgment Act, 28 U.S.C. § 2201. Represented by private counsel, the plaintiffs asked the court for both declaratory relief, claiming that the NSA’s Mass Associational Tracking Program (MATP) was unconstitutional under the Fourth Amendment,…

On February 18, 2014, Senator Rand Paul of Kentucky and non-profit organization FreedomWorks filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued the U.S. government, including the NSA and FBI, under the Declaratory Judgment Act, 28 U.S.C. § 2201. Represented by private counsel, the plaintiffs asked the court for both declaratory relief, claiming that the NSA’s Mass Associational Tracking Program (MATP) was unconstitutional under the Fourth Amendment, and injunctive relief to enjoin the defendants' use of MATP and to order the purge of all information collected by MATP.

The plaintiffs also hoped to make this case a class action suit, with the class defined as any citizen or permanent resident of the United States who uses private telephone services. According to the complaint, there were 300 million mobile phone subscribers in the United States, in addition to 100 million landline subscribers.

The NSA’s MATP collects and stores telephony metadata from major telecommunications companies. This metadata seems to include telephone numbers, persons called, and possibly even location data from anyone who has a telephone. The plaintiffs asserted on their own behalf and on behalf of class members that this violated their expectations of privacy.

On April 23, 2014, the defendants filed a motion to stay pending the result of their appeal in Klayman v. Obama. Klayman is a similar case also seeking to enjoin the NSA from using telephony metadata. Judge Richard J. Leon granted the plaintiffs in Klayman a preliminary injunction enjoining the use of MATP, and the defendants appealed the decision. Ultimately, Klayman was dismissed because the plaintiffs lacked standing.

On March 5, 2018, the Court ordered the plaintiffs to show cause within thirty days as to the why this action should not be dismissed for the same reasons that Klayman was dismissed. The plaintiffs failed to show cause, and the case was accordingly dismissed without prejudice on February 7, 2019.

Summary Authors

Megan Brown (9/25/2016)

Cade Boland (3/6/2018)

Dan Toubman (4/12/2020)

Related Cases

Klayman v. Obama, District of Columbia (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6229577/parties/paul-v-obama/


Judge(s)

Leon, Richard J. (District of Columbia)

Attorneys(s) for Plaintiff

Cuccinelli, Kenneth T. II (Virginia)

Lewis, Michael P. (District of Columbia)

Mayfield, Earl N. (Virginia)

Attorneys(s) for Defendant

Berman, Julia Alexandra (District of Columbia)

Gilligan, James J (District of Columbia)

Heiman, Julia Alexandra (District of Columbia)

Patton, Rodney (District of Columbia)

Judge(s)

Leon, Richard J. (District of Columbia)

Attorneys(s) for Plaintiff

Cuccinelli, Kenneth T. II (Virginia)

Lewis, Michael P. (District of Columbia)

Mayfield, Earl N. (Virginia)

Attorneys(s) for Defendant

Berman, Julia Alexandra (District of Columbia)

Gilligan, James J (District of Columbia)

Heiman, Julia Alexandra (District of Columbia)

Patton, Rodney (District of Columbia)

Documents in the Clearinghouse

Document

1:14-cv-00262

Docket [PACER]

Feb. 7, 2019

Feb. 7, 2019

Docket
1

1:14-cv-00262

Plaintiff Paul's Motion to List Non-Residential Address in Complaint Caption

Feb. 8, 2014

Feb. 8, 2014

Complaint
3

1:14-cv-00262

Class Action Complaint for Declaratory and Injunctive Relief

Feb. 18, 2014

Feb. 18, 2014

Complaint
3

1:14-cv-00262

First Amended Class Action Complaint for Declaratory and Injunctive Relief

March 26, 2014

March 26, 2014

Complaint
39

1:14-cv-00262

Order

Feb. 7, 2019

Feb. 7, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6229577/paul-v-obama/

Last updated Dec. 1, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

MOTION To List Non-Residential Address In Complaint Caption by FREEDOMWORKS, INC., RAND PAUL (jf, ) (Entered: 02/21/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER
2

ORDER granting 1 MOTION To List Non-Residential Address In Complaint Caption. Signed by Chief Judge Richard W. Roberts on 02/18/2014. (jf, ) (Entered: 02/21/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER
3

COMPLAINT against KEITH B. ALEXANDER, JAMES R. CLAPPER, JR, JAMES B. COMEY, BARACK HUSSEIN OBAMA, II ( Filing fee $ 400, receipt number 4616062201) filed by RAND PAUL, FREEDOMWORKS, INC.. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 02/21/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER
4

NOTICE OF RELATED CASE by FREEDOMWORKS, INC., RAND PAUL. Case related to Case No. 13-0851. (jf, ) (Entered: 02/21/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER
5

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FREEDOMWORKS, INC. identifying Other Affiliate FREEDOMWORS FOUNDATION, INC. for FREEDOMWORKS, INC.. (jf, ) (Entered: 02/21/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kenneth Thomas Cuccinelli, II, :Address- 10560 Main Street, Suite 218, Fairfax, Virginia, 22030. Phone No. - (804) 286-2550. by FREEDOMWORKS, INC., RAND PAUL (jf, ) (Entered: 02/21/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER

SUMMONS Not Issued as to KEITH B. ALEXANDER, JAMES R. CLAPPER, JR, JAMES B. COMEY, BARACK HUSSEIN OBAMA, II (jf, )

Feb. 18, 2014

Feb. 18, 2014

PACER

SUMMONS (5) Issued as to KEITH B. ALEXANDER, JAMES R. CLAPPER, JR, JAMES B. COMEY, BARACK HUSSEIN OBAMA, II, U.S. Attorney (jf, )

Feb. 20, 2014

Feb. 20, 2014

PACER
7

STANDING ORDER. Signed by Judge Richard J. Leon on 2/24/2014. (lcrjl1, ) (Entered: 02/24/2014)

Feb. 24, 2014

Feb. 24, 2014

PACER

MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that Kenneth T. Cuccinelli, II, is admitted pro hac vice in this proceeding. Signed by Judge Richard J. Leon on 2/24/2014. (lcrjl1, )

Feb. 24, 2014

Feb. 24, 2014

PACER
8

REQUEST FOR SUMMONS TO ISSUE by RAND PAUL, FREEDOMWORKS, INC. filed by RAND PAUL, FREEDOMWORKS, INC..(Lewis, Michael) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

PACER
9

REQUEST FOR SUMMONS TO ISSUE James B. Comey, Jr. by RAND PAUL, FREEDOMWORKS, INC. filed by RAND PAUL, FREEDOMWORKS, INC..(Lewis, Michael) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

PACER
10

REQUEST FOR SUMMONS TO ISSUE James Clapper by RAND PAUL, FREEDOMWORKS, INC. filed by RAND PAUL, FREEDOMWORKS, INC..(Lewis, Michael) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

PACER
11

REQUEST FOR SUMMONS TO ISSUE Gen. Keith B. Alexander by RAND PAUL, FREEDOMWORKS, INC. filed by RAND PAUL, FREEDOMWORKS, INC..(Lewis, Michael) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

PACER
13

MOTION to Join, MOTION to Intervene by DAVID ANDREW CHRISTENSON (rdj) (Entered: 03/06/2014)

Feb. 26, 2014

Feb. 26, 2014

PACER
12

ELECTRONIC SUMMONS (6) Re-Issued as to KEITH B. ALEXANDER, JAMES R. CLAPPER, JR, JAMES B. COMEY, BARACK HUSSEIN OBAMA, II, U.S. Attorney and U.S. Attorney General (znmw, ) (Entered: 02/27/2014)

Feb. 27, 2014

Feb. 27, 2014

PACER
14

NOTICE Regarding Order of the Foreign Intelligence Surveillance Court by KEITH B. ALEXANDER, JAMES R. CLAPPER, JR, JAMES B. COMEY, BARACK HUSSEIN OBAMA, II (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Dearinger, Bryan) (Entered: 03/07/2014)

March 7, 2014

March 7, 2014

PACER
15

LEAVE TO FILE DENIED- Motion to file amicus brief This document is unavailable as the Court denied its filing. "Leave to file Denied" Signed by Judge Richard J. Leon on 03/19/2014 (jf, ) (Entered: 03/20/2014)

March 19, 2014

March 19, 2014

PACER
16

ENTERED IN ERROR.....AMENDED COMPLAINT against All Defendants filed by RAND PAUL, FREEDOMWORKS, INC.. (Attachments: # 1 Exhibit)(Lewis, Michael) Modified on 3/25/2014 (znmw, ). (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

PACER

NOTICE OF ERROR re 16 Amended Complaint; emailed to mlewis@lewis-firm.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. Entered in Error: Refile as a Motion to Amend. (znmw, )

March 25, 2014

March 25, 2014

PACER
17

AMENDED COMPLAINT against All Defendants filed by RAND PAUL, FREEDOMWORKS, INC..(Lewis, Michael) (Entered: 03/26/2014)

March 26, 2014

March 26, 2014

PACER
18

MOTION to Certify Class by FREEDOMWORKS, INC., RAND PAUL (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Lewis, Michael) (Entered: 04/01/2014)

April 1, 2014

April 1, 2014

PACER
19

LEAVE TO FILE DENIED- DAVID ANDREW CHRISTENSON, Motion for Emergency Stay This document is unavailable as the Court denied its filing. "Leave to file Denied". Signed by Judge Richard J. Leon. (zrdj) (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

PACER
20

Unopposed MOTION for Extension of Time to Respond to Plaintiffs' First Amended Complaint and to Plaintiffs' Motion for Class Certification by KEITH B. ALEXANDER, JAMES R. CLAPPER, JR, JAMES B. COMEY, BARACK HUSSEIN OBAMA, II (Attachments: # 1 Text of Proposed Order)(Gilligan, James) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

PACER
21

MOTION to Stay (Motion for Stay of Proceedings Pending Appeal of the Preliminary Injunction in Klayman v. Obama) by KEITH B. ALEXANDER, JAMES R. CLAPPER, JR, JAMES B. COMEY, BARACK HUSSEIN OBAMA, II (Attachments: # 1 Text of Proposed Order)(Gilligan, James) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER

MINUTE ORDER granting 20 Unopposed Motion for an Extension of Time to Respond to Plaintiffs' First Amended Complaint and to Plaintiffs' Motion for Class Certification. It is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendants shall have until 5/2/2014 to file their response to 17 Plaintiffs' First Amended Complaint; and it is further ORDERED that defendants shall have until 5/2/2014 to file their opposition to 18 Plaintiffs' Motion for Class Certification. Signed by Judge Richard J. Leon on 4/23/2014. (lcrjl1, )

April 23, 2014

April 23, 2014

PACER
22

MOTION to Dismiss Plaintiffs' First Amended Complaint by KEITH B. ALEXANDER, JAMES R. CLAPPER, JR, JAMES B. COMEY, BARACK HUSSEIN OBAMA, II (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Text of Proposed Order)(Gilligan, James) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

PACER
23

Memorandum in opposition to re 18 MOTION to Certify Class filed by KEITH B. ALEXANDER, JAMES R. CLAPPER, JR, JAMES B. COMEY, BARACK HUSSEIN OBAMA, II. (Attachments: # 1 Text of Proposed Order)(Berman, Julia) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

PACER
24

Memorandum in opposition to re 21 MOTION to Stay (Motion for Stay of Proceedings Pending Appeal of the Preliminary Injunction in Klayman v. Obama) filed by FREEDOMWORKS, INC., RAND PAUL. (Lewis, Michael) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
25

REPLY to opposition to motion re 18 MOTION to Certify Class filed by FREEDOMWORKS, INC., RAND PAUL. (Lewis, Michael) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER
26

REPLY to opposition to motion re 21 MOTION to Stay (Motion for Stay of Proceedings Pending Appeal of the Preliminary Injunction in Klayman v. Obama) filed by KEITH B. ALEXANDER, JAMES R. CLAPPER, JR, JAMES B. COMEY, BARACK HUSSEIN OBAMA, II. (Patton, Rodney) (Entered: 05/16/2014)

May 16, 2014

May 16, 2014

PACER
27

Memorandum in opposition to re 22 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by FREEDOMWORKS, INC., RAND PAUL. (Attachments: # 1 Exhibit Exhibit A)(Lewis, Michael) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

PACER
28

Unopposed MOTION for Extension of Time to File Reply in Support of Motion to Dismiss by KEITH B. ALEXANDER, JAMES R. CLAPPER, JR, JAMES B. COMEY, BARACK HUSSEIN OBAMA, II (Attachments: # 1 Text of Proposed Order)(Gilligan, James) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

PACER

Set/Reset Deadlines: Reply due by 6/5/2014. (tb, )

May 30, 2014

May 30, 2014

PACER

MINUTE ORDER granting, nunc pro tunc, 28 Motion for Extension of Time to File Reply in Support of Motion to Dismiss. It is hereby ORDERED that the motion is GRANTED nunc pro tunc; and it is further ORDERED that Defendants shall file their reply brief in support of 22 Motion to Dismiss on or before 6/5/2014. Signed by Judge Richard J. Leon on 5/30/2014. (lcrjl1, )

May 30, 2014

May 30, 2014

PACER
29

REPLY to opposition to motion re 22 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by KEITH B. ALEXANDER, JAMES R. CLAPPER, JR, JAMES B. COMEY, BARACK HUSSEIN OBAMA, II. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit (Exh. 9 part 1), # 10 Exhibit (Exh. 9 part 2), # 11 Exhibit (Exh. 9 part 3))(Gilligan, James) (Entered: 06/06/2014)

June 5, 2014

June 5, 2014

PACER
30

ERRATA by KEITH B. ALEXANDER, JAMES R. CLAPPER, JR, JAMES B. COMEY, BARACK HUSSEIN OBAMA, II 29 Reply to opposition to Motion, filed by JAMES B. COMEY, KEITH B. ALEXANDER, BARACK HUSSEIN OBAMA, II, JAMES R. CLAPPER, JR.. (Attachments: # 1 Exhibit Corrected Exhibit 4 to Defendants' Reply in Support of Motion to Dismiss)(Gilligan, James) (Entered: 06/09/2014)

June 9, 2014

June 9, 2014

PACER
31

MOTION for Order for Oral Argument by FREEDOMWORKS, INC., RAND PAUL (Lewis, Michael) (Entered: 06/17/2014)

June 17, 2014

June 17, 2014

PACER

NOTICE OF ERROR re 31 Motion for Order; emailed to mlewis@lewis-firm.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Motion title does not match requested relief; Please file an errata with correct title of motion. (znmw, )

June 18, 2014

June 18, 2014

PACER
32

NOTICE of Errata by FREEDOMWORKS, INC., RAND PAUL re 27 Memorandum in Opposition, 22 MOTION to Dismiss Plaintiffs' First Amended Complaint, 31 MOTION for Order for Oral Argument, 29 Reply to opposition to Motion, Notice of QC, (Attachments: # 1 Errata Corrected Motion for Oral Argument)(Lewis, Michael) (Entered: 06/19/2014)

June 19, 2014

June 19, 2014

PACER

MINUTE ORDER denying 13 Motion to Join and/or Motion to Intervene by DAVID ANDREW CHRISTENSON. It is hereby ORDERED that the motion is DENIED. Signed by Judge Richard J. Leon on 7/30/2014. (lcrjl1, )

July 30, 2014

July 30, 2014

PACER
33

NOTICE OF APPEAL as to Minute Order on Motion for Joinder, Order on Motion to Intervene, Order on Motion for Joinder, Order on Motion to Intervene by DAVID ANDREW CHRISTENSON. Fee Status: No Fee Paid. Parties have been notified. "Leave to file Granted" signed by Judge Richard J. Leon on 08/21/2014 (jf, ) (Entered: 08/27/2014)

Aug. 22, 2014

Aug. 22, 2014

PACER
34

Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 33 Notice of Appeal,. (jf, ) (Entered: 08/27/2014)

Aug. 27, 2014

Aug. 27, 2014

PACER

USCA Case Number 14-5212 for 33 Notice of Appeal, filed by DAVID ANDREW CHRISTENSON. (kb)

Sept. 3, 2014

Sept. 3, 2014

PACER
35

MOTION for Leave to Appeal in forma pauperis by DAVID ANDREW CHRISTENSON (jf, ) (Entered: 09/11/2014)

Sept. 8, 2014

Sept. 8, 2014

PACER

MINUTE ORDER granting 21 Government Defendants' Motion for Stay of Proceedings Pending Appeal of Preliminary Injunction. It is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that all proceedings against the Government Defendants in the above-captioned action are hereby STAYED pending the Government Defendants' appeal to the United States Court of Appeals for the District of Columbia Circuit from this Court's December 16, 2013, preliminary injunction in Case No. 13-cv-851. Signed by Judge Richard J. Leon on 9/22/2014. (lcrjl1)

Sept. 22, 2014

Sept. 22, 2014

PACER
36

ORDER of USCA as to 33 Notice of Appeal, filed by DAVID ANDREW CHRISTENSON ; ORDERED, on the court's own motion, that this case be held in abeyance pending the district court's resolution of Appellant's motion for leave to proceed on appeal in forma pauperis. USCA Case Number 14-5212. (md, ) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

PACER
37

MANDATE of USCA (certified copy) as to 33 Notice of Appeal, filed by DAVID ANDREW CHRISTENSON. ORDERED that the motions be denied and, on the court's own motion, the appeal be dismissed as frivolous pursuant to 28 U.S.C. ยง 1915(e)(2)(8). That this court's order filed October 20, 2014, be vacated as moot. USCA Case Number 14-5212. (rd) (Entered: 05/28/2015)

May 27, 2015

May 27, 2015

PACER
38

ORDER that plaintiffs shall within 30 days of this order, show cause in writing why this action should not be dismissed for the same reasons as stated in the memorandum opinion in Klayman, 2017 WL 5635668. SO ORDERED. Signed by Judge Richard J. Leon on 3/5/2018. (see order for complete details). (jth) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

PACER
39

ORDER. Plaintiffs Rand Paul and Freedomworks, Inc. filed their amended complaint in the instant action on March 26, 2014, and filed a motion to certify a class of all others similarly situated on April 1, 2014. Defendants filed a motion to dismiss the first amended complaint and an opposition to class certification on May 2, 2014. This case was stayed pending the appeal of this court's order in a related case, Civil Action No. 13-cv-851, which was resolved on June 8, 2016. Since there had been no motion to lift the stay or other activity for nearly two years, this Court issued an Order on March 5, 2018, requiring plaintiff to show cause in writing, by April 4, 2018, as to why this case should not be dismissed for want of prosecution. Because the plaintiff has failed to respond to the Court's Order to Show Cause within the time prescribed, and upon due consideration of the entire record herein, it is hereby ORDERED that plaintiff's case is dismissed without prejudice pursuant to Local Civil Rule 83.23; and it is further ORDERED that the Clerk, in addition to electronic notice, shall mail a paper copy of this Order to plaintiff's counsel of record with a return receipt requested, and shall mail a copy directly to plaintiffs at their address of record. SO ORDERED. Signed by Judge Richard J. Leon on 2/5/2019. (jth) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- Telephony Metadata

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 18, 2014

Closing Date: Feb. 7, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a private citizen of Kentucky, and a not-for-profit Washington DC corporation.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

National Security Agency (NSA) (Washington, DC, District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Issues

General:

Record-keeping

Records Disclosure

Search policies

Terrorism/Post 9-11 issues

Type of Facility:

Government-run