Case: Electronic Frontier Foundation v. Office of the Director of National Intelligence

3:08-cv-02997 | U.S. District Court for the Northern District of California

Filed Date: June 17, 2008

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On June 17, 2008, the Electronic Frontier Foundation (EFF), a nonprofit organization that promotes civil liberties related to technology, filed this lawsuit in the U.S. District Court for the Northern District of California. The EFF sued the Office of the Director of National Intelligence and the Department of Justice under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The EFF filed an amended complaint on July 11, 2008.The EFF alleged that the defendants wrongfully withheld records th…

On June 17, 2008, the Electronic Frontier Foundation (EFF), a nonprofit organization that promotes civil liberties related to technology, filed this lawsuit in the U.S. District Court for the Northern District of California. The EFF sued the Office of the Director of National Intelligence and the Department of Justice under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The EFF filed an amended complaint on July 11, 2008.

The EFF alleged that the defendants wrongfully withheld records that the EFF requested under FOIA. The EFF’s mission was to inform policymakers and the public about civil liberty issues related to technology, and to defend those liberties. The EFF used FOIA in its work to gather information about pertinent federal agency activities. The EFF’s FOIA claims concerned proposed amendments to the Federal Intelligence Surveillance Act (FISA) granting the U.S. government greater authority to conduct widespread surveillance with the assistance of telecommunications companies. In early 2008, the EFF submitted two FOIA requests for records related to the efforts defendants and the telecommunications companies took to amend FISA to keep the telecommunications companies from being held liable for their cooperation with surveillance efforts. According to the EFF, the defendants did not respond within the statutory timeframe, nor did they release all documents when ordered to do so by the court. (The EFF later filed a second, similar FOIA request, which was also litigated. See NS-CA-0018 in this Clearinghouse.)

On September 24, 2009, the district court (Judge Jeffrey S. White) filed an order denying the defendants’ motion for summary judgment while granting the EFF’s cross-motion for summary judgment and ordering the disclosure of withheld records. On October 8, 2009, the defendants appealed the judge’s order to the United States Court of Appeals for the Ninth Circuit. Judge Hawkins wrote the April 9, 2010 opinion for the court. 639 F.3d 876. Judge Hawkins ordered defendants to release the names and email addresses of telecommunication carriers and their agents under FOIA Exemption 6 except those email addresses that have a privacy interest and little public interest, and remanded the same issue under FOIA Exemption 3. The court also remanded the question of releasing communications.

Following the remand, the parties arranged for certain documents to be disclosed to the plaintiff in this case and the EFF's other FOIA case. Those disclosures have been uploaded to the plaintiff's website and are also made available at NS-CA-0018 in this Clearinghouse. After these disclosures were made, the plaintiff filed a stipulation of dismissal, which the court granted on September 29, 2010.

The case is now closed.

Summary Authors

Virginia Weeks (10/5/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4174292/parties/electronic-frontier-foundation-v-office-of-the-director-of-national/


Judge(s)

Hawkins, Michael Daly (Arizona)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Hofmann, Marcia (California)

Opsahl, Kurt Bradford (California)

Sobel, David L. (District of Columbia)

Attorneys(s) for Defendant

Berman, Marcia (District of Columbia)

Kirschner, Adam D. (District of Columbia)

Judge(s)

Hawkins, Michael Daly (Arizona)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Hofmann, Marcia (California)

Opsahl, Kurt Bradford (California)

Sobel, David L. (District of Columbia)

Attorneys(s) for Defendant

Berman, Marcia (District of Columbia)

Kirschner, Adam D. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 29, 2010 Docket
1

Complaint for Injunctive Relief

June 17, 2008 Complaint
9

First Amended Complaint for Injunctive Relief

July 11, 2008 Complaint
72

Order Denying Defendants’ Motion for Summary Judgment and Granting Plaintiff's Cross-Motion for Summary Judgment

2009 WL 3061975

Sept. 24, 2009 Order/Opinion
92

Order Amending Opinion and Amended Opinion

U. S. Court of Appeals for the Ninth Circuit

639 F.3d 876

April 20, 2010 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4174292/electronic-frontier-foundation-v-office-of-the-director-of-national/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT; summons issued against Office of the Director of National Intelligence, Department of Justice (Filing fee $ 350, receipt number 34611020333). Filed by Electronic Frontier Foundation. (slh, COURT STAFF) (Filed on 6/17/2008) (slh, COURT STAFF). (Entered: 06/18/2008)

June 17, 2008 RECAP
2

Certificate of Interested Entities by Electronic Frontier Foundation. (slh, COURT STAFF) (Filed on 6/17/2008) (Entered: 06/18/2008)

June 17, 2008 PACER
3

ADR SCHEDULING ORDER: Case Management Statement due by 9/17/2008. Case Management Conference set for 9/24/2008 01:30 PM. (Attachments: # 1 EMC Standing Order, # 2 Case Management Standing Order)(slh, COURT STAFF) (Filed on 6/17/2008) (Entered: 06/18/2008)

1 EMC Standing Order

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2 Case Management Standing Order

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June 17, 2008 RECAP
4

MOTION of David L. Sobel for leave to appear in Pro Hac Vice (Filing fee $ 210, receipt number 34611020631) filed by Electronic Frontier Foundation. (slh, COURT STAFF) (Filed on 6/26/2008) (Entered: 06/30/2008)

June 26, 2008 RECAP
5

ORDER by Judge Edward M. Chen granting 4 Motion for Pro Hac Vice (bpf, COURT STAFF) (Filed on 7/7/2008) (Entered: 07/07/2008)

July 7, 2008 RECAP
6

ORDER RELATING CASE.. Signed by Judge Jeffrey S. White on 7/8/08. (jjo, COURT STAFF) (Filed on 7/8/2008) (Entered: 07/08/2008)

July 8, 2008 RECAP
7

INITIAL SCHEDULING CONFERENCE ORDER: Case Management Conference set for 9/26/2008 01:30 PM. Case Management Statement due by 9/19/2008.. Signed by Judge Jeffrey S. White on 7/8/08. (jjo, COURT STAFF) (Filed on 7/8/2008) (Entered: 07/08/2008)

July 8, 2008 RECAP
8

CERTIFICATE OF SERVICE by Electronic Frontier Foundation re 7 Initial Scheduling Scheduling Order (Hofmann, Marcia) (Filed on 7/8/2008) (Entered: 07/08/2008)

July 8, 2008 RECAP
9

AMENDED COMPLAINT for Injunctive Relief against Office of the Director of National Intelligence, Department of Justice. Filed byElectronic Frontier Foundation. (Hofmann, Marcia) (Filed on 7/11/2008) (Entered: 07/11/2008)

July 11, 2008 PACER
10

STIPULATION re 9 Amended Complaint to Extend Time to Respond by Office of the Director of National Intelligence, Department of Justice. (Kirschner, Adam) (Filed on 7/24/2008) (Entered: 07/24/2008)

July 24, 2008 RECAP
11

ANSWER to Amended Complaint byOffice of the Director of National Intelligence, Department of Justice. (Kirschner, Adam) (Filed on 8/15/2008) (Entered: 08/15/2008)

Aug. 15, 2008 RECAP
12

ADR Clerk's Notice Re: Non-Compliance with Court Order (ls7, COURT STAFF) (Filed on 9/11/2008) (Entered: 09/11/2008)

Sept. 11, 2008 PACER
13

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Hofmann, Marcia) (Filed on 9/11/2008) (Entered: 09/11/2008)

Sept. 11, 2008 PACER
14

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kirschner, Adam) (Filed on 9/16/2008) (Entered: 09/16/2008)

Sept. 16, 2008 PACER
15

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Kirschner, Adam) (Filed on 9/16/2008) (Entered: 09/16/2008)

Sept. 16, 2008 PACER
16

STIPULATION re 7 Initial Scheduling Scheduling Order to Vacate Case Management Conference by Office of the Director of National Intelligence, Department of Justice. (Kirschner, Adam) (Filed on 9/16/2008) (Entered: 09/16/2008)

Sept. 16, 2008 PACER
17

STIPULATION AND ORDER TO VACATE CASE MANAGEMENT CONFERENCE. Signed by Hon. Judge Jeffrey S. White on 9/17/2008. (ls, COURT STAFF) (Filed on 9/17/2008) (Entered: 09/17/2008)

Sept. 17, 2008 RECAP
18

STIPULATION to Court Ordered Production Schedule by Electronic Frontier Foundation. (Opsahl, Kurt) (Filed on 9/24/2008) (Entered: 09/24/2008)

Sept. 24, 2008 PACER
19

ORDER GRANTING 18 Stipulation to Court Ordered Production Schedule. Signed by Judge Jeffrey S. White on 9/24/08. (jjo, COURT STAFF) (Filed on 9/24/2008) (Entered: 09/24/2008)

Sept. 24, 2008 RECAP
20

STIPULATION re 19 Order by Office of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Affidavit)(Kirschner, Adam) (Filed on 10/7/2008) (Entered: 10/07/2008)

1 Affidavit

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Oct. 7, 2008 PACER
21

ORDER GRANTING STIPULATION FOR COURT ORDER PRODUCTION SCHEDULE AND TO EXTEND TIME TO FILE MOTION FOR SUMMARY JUDGMENT. Signed by Judge Jeffrey S. White on 10/8/08. (jjo, COURT STAFF) (Filed on 10/8/2008) (Entered: 10/08/2008)

Oct. 8, 2008 PACER
22

NOTICE of Appearance by Marcia Berman (Berman, Marcia) (Filed on 11/13/2008) (Entered: 11/13/2008)

Nov. 13, 2008 PACER
23

STIPULATION to Extend Time to File Motion for Summary Judgment by Office of the Director of National Intelligence, Department of Justice. (Berman, Marcia) (Filed on 11/19/2008) (Entered: 11/19/2008)

Nov. 19, 2008 PACER
24

ORDER GRANTING (23 in 3:08-cv-02997-JSW) Stipulation to Extend Time to File Motion for Summary Judgment. Signed by Judge Jeffrey S. White on 11/24/08. (jjo, COURT STAFF) (Filed on 11/24/2008) (Entered: 11/24/2008)

Nov. 24, 2008 PACER
25

STIPULATION to Exceed Page Limitation for Motions for Summary Judgment by Office of the Director of National Intelligence, Department of Justice. (Berman, Marcia) (Filed on 12/4/2008) (Entered: 12/04/2008)

Dec. 4, 2008 PACER
26

ORDER DENYING IN PART Stipulation to Exceed Page Limitation. Signed by Judge Jeffrey S. White on December 5, 2008. (jswlc2, COURT STAFF) (Filed on 12/5/2008) (Entered: 12/05/2008)

Dec. 5, 2008 PACER
27

Consent MOTION for Extension of Time to File Motion for Summary Judgment (Administrative Motion) filed by Office of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Stipulation, # 2 Declaration)(Berman, Marcia) (Filed on 12/8/2008) (Entered: 12/08/2008)

1 Stipulation

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2 Declaration

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Dec. 8, 2008 PACER
28

ORDER by Judge Jeffrey S. White GRANTING (27) Motion for Extension of Time to File Motion for Summary Judgment. (jswlc2, COURT STAFF) (Filed on 12/9/2008) (Entered: 12/09/2008)

Dec. 9, 2008 PACER
29

MOTION for Summary Judgment (consolidated) filed by Office of the Director of National Intelligence, Department of Justice. Motion Hearing set for 3/13/2009 09:00 AM in Courtroom 2, 17th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Berman, Marcia) (Filed on 12/10/2008) (Entered: 12/10/2008)

1 Proposed Order

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Dec. 10, 2008 RECAP
30

Declaration of Kathleen Turner in Support of 29 MOTION for Summary Judgment (consolidated) MOTION for Summary Judgment (consolidated) filed byOffice of the Director of National Intelligence, Department of Justice. (Related document(s) 29 ) (Berman, Marcia) (Filed on 12/10/2008) (Entered: 12/10/2008)

Dec. 10, 2008 PACER
31

Declaration of John F. Hackett in Support of 29 MOTION for Summary Judgment (consolidated) MOTION for Summary Judgment (consolidated) with Vaughn index attached filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Exhibit)(Related document(s) 29 ) (Berman, Marcia) (Filed on 12/10/2008) (Entered: 12/10/2008)

1 Exhibit

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Dec. 10, 2008 PACER
32

Declaration of Paul P. Colborn in Support of 29 MOTION for Summary Judgment (consolidated) MOTION for Summary Judgment (consolidated) filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Exhibit)(Related document(s) 29 ) (Berman, Marcia) (Filed on 12/10/2008) (Entered: 12/10/2008)

1 Exhibit

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Dec. 10, 2008 PACER
33

Declaration of Melanie Ann Pustay in Support of 29 MOTION for Summary Judgment (consolidated) MOTION for Summary Judgment (consolidated) filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Exhibit Part I, # 2 Exhibit Part II)(Related document(s) 29 ) (Berman, Marcia) (Filed on 12/10/2008) (Entered: 12/10/2008)

1 Exhibit Part I

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2 Exhibit Part II

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Dec. 10, 2008 PACER
34

Declaration of Kenneth L. Wainstein in Support of 29 MOTION for Summary Judgment (consolidated) MOTION for Summary Judgment (consolidated) filed byOffice of the Director of National Intelligence, Department of Justice. (Related document(s) 29 ) (Berman, Marcia) (Filed on 12/10/2008) (Entered: 12/10/2008)

Dec. 10, 2008 PACER
35

Declaration of Charles M. Steele in Support of 29 MOTION for Summary Judgment (consolidated) MOTION for Summary Judgment (consolidated) filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Related document(s) 29 ) (Berman, Marcia) (Filed on 12/10/2008) (Entered: 12/10/2008)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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Dec. 10, 2008 PACER
36

Declaration of Matthew G. Olsen in Support of 29 MOTION for Summary Judgment (consolidated) MOTION for Summary Judgment (consolidated) filed byOffice of the Director of National Intelligence, Department of Justice. (Related document(s) 29 ) (Berman, Marcia) (Filed on 12/10/2008) (Entered: 12/10/2008)

Dec. 10, 2008 PACER
37

Declaration of James M. Kovakas in Support of 29 MOTION for Summary Judgment (consolidated) MOTION for Summary Judgment (consolidated) filed byOffice of the Director of National Intelligence, Department of Justice. (Related document(s) 29 ) (Berman, Marcia) (Filed on 12/10/2008) (Entered: 12/10/2008)

Dec. 10, 2008 PACER
38

Declaration of Joseph J. Brand in Support of 29 MOTION for Summary Judgment (consolidated) MOTION for Summary Judgment (consolidated) filed byOffice of the Director of National Intelligence, Department of Justice. (Related document(s) 29 ) (Berman, Marcia) (Filed on 12/10/2008) (Entered: 12/10/2008)

Dec. 10, 2008 PACER
39

Declaration of Daniel Meyer in Support of 29 MOTION for Summary Judgment (consolidated) MOTION for Summary Judgment (consolidated) filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Exhibit)(Related document(s) 29 ) (Berman, Marcia) (Filed on 12/10/2008) (Entered: 12/10/2008)

1 Exhibit

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Dec. 10, 2008 PACER
40

Declaration of Carl J. Nichols in Support of 29 MOTION for Summary Judgment (consolidated) MOTION for Summary Judgment (consolidated) filed byOffice of the Director of National Intelligence, Department of Justice. (Related document(s) 29 ) (Berman, Marcia) (Filed on 12/10/2008) (Entered: 12/10/2008)

Dec. 10, 2008 PACER
41

Declaration of David M. Hardy in Support of 29 MOTION for Summary Judgment (consolidated) MOTION for Summary Judgment (consolidated) filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Exhibit)(Related document(s) 29 ) (Berman, Marcia) (Filed on 12/10/2008) (Entered: 12/10/2008)

1 Exhibit

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Dec. 10, 2008 PACER
42

Declaration of J. Michael McConnell in Support of 29 MOTION for Summary Judgment (consolidated) MOTION for Summary Judgment (consolidated) filed byOffice of the Director of National Intelligence, Department of Justice. (Related document(s) 29 ) (Berman, Marcia) (Filed on 12/10/2008) (Entered: 12/10/2008)

Dec. 10, 2008 RECAP
43

MEMORANDUM in Opposition to Defendants' Consolidated Motion for Summary Judgment and Notice of Cross Motion and Cross Motion for Summary Judgment; Memorandum of Points and Authorities in Support of Cross Motion for Summary Judgment filed byElectronic Frontier Foundation. (Hofmann, Marcia) (Filed on 1/13/2009) (Entered: 01/13/2009)

Jan. 13, 2009 RECAP
44

Declaration of Marcia Hofmann in Support of 43 Memorandum in Opposition, to Defendant's Motion for Summary Judgment and In Support of Cross Motion for Summary Judgment filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-10, # 3 Exhibit 11-15, # 4 Exhibit 16-18, # 5 Exhibit 19-22)(Related document(s) 43 ) (Hofmann, Marcia) (Filed on 1/13/2009) (Entered: 01/13/2009)

1 Exhibit 1-5

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2 Exhibit 6-10

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3 Exhibit 11-15

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4 Exhibit 16-18

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5 Exhibit 19-22

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Jan. 13, 2009 PACER
45

Proposed Order re 43 Memorandum in Opposition, by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 1/13/2009) (Entered: 01/13/2009)

Jan. 13, 2009 PACER
46

Memorandum in Opposition re 29 MOTION for Summary Judgment (consolidated) MOTION for Summary Judgment (consolidated) Defs' Opposition to Plaintiff's Cross Motion for SJ and Reply in Support of Defs' Consol. Mtn for SJ filed byOffice of the Director of National Intelligence, Department of Justice. (Berman, Marcia) (Filed on 2/3/2009) (Entered: 02/03/2009)

Feb. 3, 2009 PACER
47

Declaration of Paul P. Colborn in Support of 46 Memorandum in Opposition, to Plaintiff's Cross Mtn for SJ and Reply in Support of Defs' Consol. Mtn for SJ filed byOffice of the Director of National Intelligence, Department of Justice. (Related document(s) 46 ) (Berman, Marcia) (Filed on 2/3/2009) (Entered: 02/03/2009)

Feb. 3, 2009 PACER
48

Declaration of John F. Hackett in Support of 46 Memorandum in Opposition, to Plaintiff's Cross Mtn for SJ and Reply in Support of Defs' Consol. Mtn for SJ filed byOffice of the Director of National Intelligence, Department of Justice. (Related document(s) 46 ) (Berman, Marcia) (Filed on 2/3/2009) (Entered: 02/03/2009)

Feb. 3, 2009 PACER
49

Reply Memorandum re 29 MOTION for Summary Judgment (consolidated) MOTION for Summary Judgment (consolidated) Defs' Opposition to Plaintiff's Cross Mtn for SJ and Reply in Support of Defs' Consol. Mtn for SJ filed byOffice of the Director of National Intelligence, Department of Justice. (Berman, Marcia) (Filed on 2/3/2009) (Entered: 02/03/2009)

Feb. 3, 2009 PACER
50

MOTION to Stay Proceedings filed by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 2/9/2009) (Entered: 02/09/2009)

Feb. 9, 2009 PACER
51

Declaration of Marcia Hofmann in Support of 50 MOTION to Stay Proceedings filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Related document(s) 50 ) (Hofmann, Marcia) (Filed on 2/9/2009) (Entered: 02/09/2009)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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Feb. 9, 2009 PACER
52

Proposed Order Granting Motion for Stay of Proceedings by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 2/9/2009) (Entered: 02/09/2009)

Feb. 9, 2009 PACER
53

MOTION to Stay Proceedings filed by Electronic Frontier Foundation. Motion Hearing set for 4/3/2009 09:00 AM in Courtroom 2, 17th Floor, San Francisco. (Hofmann, Marcia) (Filed on 2/10/2009) (Entered: 02/10/2009)

Feb. 10, 2009 PACER
54

Declaration of Marcia Hofmann 53 >in Support of Motion to Stay Proceedings filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Hofmann, Marcia) (Filed on 2/10/2009) Modified on 2/11/2009 (hdj, COURT STAFF). (Entered: 02/10/2009)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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Feb. 10, 2009 PACER
55

Proposed Order by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 2/10/2009) (Entered: 02/10/2009)

Feb. 10, 2009 PACER
56

ORDER RE MOTION TO STAY. Signed by Judge Jeffrey S. White on 2/11/09. (jjo, COURT STAFF) (Filed on 2/11/2009) (Entered: 02/11/2009)

Feb. 11, 2009 PACER
57

Memorandum in Opposition re 53 MOTION to Stay Proceedings filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Proposed Order)(Berman, Marcia) (Filed on 2/24/2009) (Entered: 02/24/2009)

1 Proposed Order

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Feb. 24, 2009 PACER
58

RESPONSE in Support 53 of Motion for a Stay of Proceedings filed byElectronic Frontier Foundation. (Hofmann, Marcia) (Filed on 3/3/2009) Modified on 3/4/2009 (hdj, COURT STAFF). (Entered: 03/03/2009)

March 3, 2009 PACER
59

Declaration of Marcia Hofmann in Support of 58 Response in Support of Motion for a Stay of Proceedings filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit 1-4)(Related document(s) 58 ) (Hofmann, Marcia) (Filed on 3/3/2009) (Entered: 03/03/2009)

1 Exhibit 1-4

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March 3, 2009 PACER
60

ORDER by Judge Jeffrey S. White dated March 23, 2009 GRANTING (70) Motion to Stay in case 3:08-cv-01023-JSW and GRANTING (53) Motion to Stay in case 3:08-cv-02997-JSW. (jswlc2, COURT STAFF) (Filed on 3/23/2009) (Entered: 03/23/2009)

March 23, 2009 PACER
61

STATUS REPORT Joint Status Report by Office of the Director of National Intelligence, Department of Justice. (Berman, Marcia) (Filed on 4/24/2009) (Entered: 04/24/2009)

April 24, 2009 PACER
62

NOTICE by Office of the Director of National Intelligence, Department of Justice Notice of Filing (Berman, Marcia) (Filed on 5/12/2009) (Entered: 05/12/2009)

May 12, 2009 PACER
63

Declaration of John F. Hackett in Support of 62 Notice (Other) filed byOffice of the Director of National Intelligence, Department of Justice. (Related document(s) 62 ) (Berman, Marcia) (Filed on 5/12/2009) (Entered: 05/12/2009)

May 12, 2009 PACER
64

Declaration of Paul P. Colborn in Support of 62 Notice (Other) filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 revsied Vaughn index)(Related document(s) 62 ) (Berman, Marcia) (Filed on 5/12/2009) (Entered: 05/12/2009)

1 revsied Vaughn index

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May 12, 2009 PACER
65

Declaration of Melanie Ann Pustay in Support of 62 Notice (Other) filed byOffice of the Director of National Intelligence, Department of Justice. (Related document(s) 62 ) (Berman, Marcia) (Filed on 5/12/2009) (Entered: 05/12/2009)

May 12, 2009 PACER
66

Declaration of Susan Kim in Support of 62 Notice (Other) filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 revised Vaughn index)(Related document(s) 62 ) (Berman, Marcia) (Filed on 5/12/2009) (Entered: 05/12/2009)

1 revised Vaughn index

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May 12, 2009 PACER
67

Reply to Opposition to Cross Motion for Summary Judgment filed byElectronic Frontier Foundation. (Hofmann, Marcia) (Filed on 6/2/2009) (Entered: 06/02/2009)

June 2, 2009 RECAP
68

Declaration of Marcia Hofmann in Support of 67 Reply to Opposition to Cross Motion for Summary Judgment filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D part 1, # 5 Exhibit D part 2, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Related document(s) 67 ) (Hofmann, Marcia) (Filed on 6/2/2009) (Entered: 06/02/2009)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D part 1

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5 Exhibit D part 2

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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June 2, 2009 PACER
69

CLERKS NOTICE Setting Hearing on Cross-Motions for Summary Judgment on 8/14/2009 at 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (jjo, COURT STAFF) (Filed on 6/8/2009) (Entered: 06/08/2009)

June 8, 2009 PACER
70

ORDER REFERRING Consolidated Cross-Motions for Summary Judgment to a randomly assigned Magistrate Judge for Report and Recommendation. Signed by Judge Jeffrey S. White on 8/10/09. (jjo, COURT STAFF) (Filed on 8/10/2009) (Entered: 08/10/2009)

Aug. 10, 2009 PACER
71

ORDER WTIHDRAWING (70 in 3:08-cv-02997-JSW) Order Referring Case to Magistrate Judge for Report and Recommendation and SUGGESTION for Consent. Signed by Judge Jeffrey S. White on August 17, 2009. (jswlc2, COURT STAFF) (Filed on 8/17/2009) (Entered: 08/17/2009)

Aug. 17, 2009 PACER
72

ORDER by Judge Jeffrey S. White in case 3:08-cv-01023-JSW; DENYING (29) Defendants' Motion for Summary Judgment in case 3:08-cv-02997-JSW and GRANTING Plaintiff's Cross-Motion for Summary Judgment. (jswlc2, COURT STAFF) (Filed on 9/24/2009) (Entered: 09/24/2009)

Sept. 24, 2009 PACER
73

MOTION to Stay re 72 Order on Motion for Summary Judgment for 60 days pending appeal determination by Solicitor General filed by Department of Justice, Office of the Director of National Intelligence. Motion Hearing set for 10/7/2009 09:00 AM in Courtroom 2, 17th Floor, San Francisco. (Attachments: # 1 Proposed Order, # 2 Stipulation to Expedite Motion for 60-Day Stay Pending Appeal Determination)(Berman, Marcia) (Filed on 9/30/2009) (Entered: 09/30/2009)

1 Proposed Order

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2 Stipulation to Expedite Motion for 60-Day Stay Pending Appeal Determination

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Sept. 30, 2009 PACER
74

ORDER GRANTING Modified Stipulation re (91 in 3:08-cv-01023-JSW) MOTION to Stay re (90) Order on Motion for Summary Judgment for 60 Days Pending Appeal Determination by Solicitor General; MOTION to Stay re (90) Order on Motion for Summary Judgment, (73 in 3:08-cv-02997-JSW) MOTION to Stay re (72) Order on Motion for Summary Judgment for 60 days pending appeal determination by Solicitor General MOTION to Stay re (72) Order on Motion for Summary Judgment. Signed by Judge Jeffrey S. White on October 2, 2009. (jswlc2, COURT STAFF) (Filed on 10/2/2009) (Entered: 10/02/2009)

Oct. 2, 2009 PACER
75

MOTION for Leave to File Motion for Reconsideration and Request that Reconsideration be Granted Without Further Briefing filed by Department of Justice, Office of the Director of National Intelligence. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order)(Berman, Marcia) (Filed on 10/6/2009) (Entered: 10/06/2009)

1 Memorandum of Points and Authorities

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2 Proposed Order

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Oct. 6, 2009 PACER
76

Declaration of Susan L. Kim in Support of 75 MOTION for Leave to File Motion for Reconsideration and Request that Reconsideration be Granted Without Further Briefing filed byDepartment of Justice, Office of the Director of National Intelligence. (Attachments: # 1 NSD Second Revised Vaughn Index)(Related document(s) 75 ) (Berman, Marcia) (Filed on 10/6/2009) (Entered: 10/06/2009)

1 NSD Second Revised Vaughn Index

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Oct. 6, 2009 PACER
77

Memorandum in Opposition to Motion for a 60 Day Stay Pending Appeal Determination by Solicitor General filed byElectronic Frontier Foundation. (Hofmann, Marcia) (Filed on 10/6/2009) (Entered: 10/06/2009)

Oct. 6, 2009 PACER
78

Reply Memorandum re 73 MOTION to Stay re 72 Order on Motion for Summary Judgment for 60 days pending appeal determination by Solicitor General MOTION to Stay re 72 Order on Motion for Summary Judgment for 60 days pending appeal determination by Solicitor General filed byDepartment of Justice, Office of the Director of National Intelligence. (Berman, Marcia) (Filed on 10/7/2009) (Entered: 10/07/2009)

Oct. 7, 2009 PACER
79

ORDER by Judge Jeffrey S. White DENYING (91) Motion to Stay; DENYING (93) Motion for Leave to File Motion for Reconsideration in case 3:08-cv-01023-JSW; DENYING (73) Motion to Stay; and DENYING (75) Motion for Leave to File Motion for Reconsideration in case 3:08-cv-02997-JSW. (jswlc2, COURT STAFF) (Filed on 10/7/2009) (Entered: 10/07/2009)

Oct. 7, 2009 PACER
80

NOTICE by Department of Justice, Office of the Director of National Intelligence Notice of Appeal (Berman, Marcia) (Filed on 10/8/2009) (Entered: 10/08/2009)

Oct. 8, 2009 PACER
81

NOTICE OF APPEAL as to (79 in 3:08-cv-02997-JSW, 79 in 3:08-cv-02997-JSW, 79 in 3:08-cv-02997-JSW, 79 in 3:08-cv-02997-JSW, 97 in 3:08-cv-01023-JSW, 97 in 3:08-cv-01023-JSW, 97 in 3:08-cv-01023-JSW, 97 in 3:08-cv-01023-JSW) Order on Motion to Stay, Order on Motion for Leave to File by Department of Justice. Filing fee waived. (hdj, COURT STAFF) (Filed on 10/8/2009) (Entered: 10/09/2009)

Oct. 8, 2009 PACER
82

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals by Department of Justice, Office of the Director of National Intelligence re 81 Notice of Appeal, (hdj, COURT STAFF) (Filed on 10/9/2009) (Entered: 10/09/2009)

Oct. 9, 2009 PACER
83

NOTICE by Department of Justice, Office of the Director of National Intelligence Emergency Filing for Stay, Per Direction of Ninth Circuit (Attachments: # 1 Ninth Circuit Stay Order, # 2 Emergency Stay Motion filed in Ninth Cir., # 3 Stay Reply filed in Ninth Cir., # 4 EFF Opposition to Stay Mtn filed in Ninth Cir., # 5 Notice of Appeal)(Berman, Marcia) (Filed on 10/9/2009) (Entered: 10/09/2009)

1 Ninth Circuit Stay Order

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2 Emergency Stay Motion filed in Ninth Cir.

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3 Stay Reply filed in Ninth Cir.

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4 EFF Opposition to Stay Mtn filed in Ninth Cir.

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5 Notice of Appeal

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Oct. 9, 2009 PACER
84

Minute Entry: Telephone Conference (Date Filed: 10/9/2009). (Court Reporter Christine Triska.) (jjo, COURT STAFF) (Date Filed: 10/9/2009) (Entered: 10/09/2009)

Oct. 9, 2009 PACER
85

Memorandum in Opposition to Emergency Filing for Temporary Stay Pending Decision by Solicitor General Regarding Appeal and Immediate Administrative Stay filed byElectronic Frontier Foundation. (Hofmann, Marcia) (Filed on 10/9/2009) (Entered: 10/09/2009)

Oct. 9, 2009 PACER
86

NOTICE by Department of Justice, Office of the Director of National Intelligence Reply in Support of Emergency Filing for Stay Pending Appeal Determination (Berman, Marcia) (Filed on 10/13/2009) (Entered: 10/13/2009)

Oct. 13, 2009 PACER
87

ORDER of USCA as to 81 Notice of Appeal, filed by Department of Justice (hdj, COURT STAFF) (Filed on 10/13/2009) (Entered: 10/13/2009)

Oct. 13, 2009 PACER
88

ORDER re Notice (83 in 3:08-cv-02997-JSW) and Notice (101 in 3:08-cv-01023-JSW) DENYING Emergency Motion for Temporary Stay. Signed by Judge Jeffrey S. White on October 13, 2009. (jswlc2, COURT STAFF) (Filed on 10/13/2009) (Entered: 10/13/2009)

Oct. 13, 2009 PACER
89

ORDER of USCA as to (81 in 3:08-cv-02997-JSW, 99 in 3:08-cv-01023-JSW) Notice of Appeal, filed by Department of Justice (hdj, COURT STAFF) (Filed on 10/19/2009) (Entered: 10/19/2009)

Oct. 19, 2009 PACER
90

ORDER of USCA as to (81 in 3:08-cv-02997-JSW, 99 in 3:08-cv-01023-JSW) Notice of Appeal, filed by Department of Justice (hdj, COURT STAFF) (Filed on 11/4/2009) (Entered: 11/04/2009)

Nov. 4, 2009 PACER
91

OPINION of USCA as to (81 in 3:08-cv-02997-JSW, 99 in 3:08-cv-01023-JSW) Notice of Appeal, filed by Department of Justice (hdj, COURT STAFF) (Filed on 2/19/2010) Modified on 2/19/2010 (hdj, COURT STAFF). (Entered: 02/19/2010)

Feb. 19, 2010 PACER
92

USCA ORDER AMENDING and AMENDED OPINION as to-AFFIRMED in part, REVERSED in part, and REMANDED in part (81 in 3:08-cv-02997-JSW, 99 in 3:08-cv-01023-JSW) Notice of Appeal, filed by Department of Justice. (hdj, COURT STAFF) (Filed on 4/20/2010) (Entered: 04/20/2010)

April 20, 2010 PACER
93

CLERKS NOTICE SETTING A CASE MANAGEMENT CONFERENCE: Case Management Statement due by 6/25/2010. Case Management Conference set for 7/2/2010 01:30 PM in Courtroom 11, 19th Floor, San Francisco. (jjoS, COURT STAFF) (Filed on 5/4/2010) (Entered: 05/04/2010)

May 4, 2010 PACER
94

MANDATE of USCA as to (81 in 3:08-cv-02997-JSW, 99 in 3:08-cv-01023-JSW) Notice of Appeal, filed by Department of Justice (hdj, COURT STAFF) (Filed on 5/6/2010) (Entered: 05/14/2010)

May 6, 2010 PACER
95

CLERKS Letter Spreading Mandate to Counsel (hdj, COURT STAFF) (Filed on 5/14/2010) (Entered: 05/14/2010)

May 14, 2010 PACER
96

STIPULATION to Continue Case Management Conference by Department of Justice, Office of the Director of National Intelligence. (Berman, Marcia) (Filed on 6/23/2010) (Entered: 06/23/2010)

June 23, 2010 PACER
97

ORDER GRANTING (96 in 3:08-cv-02997-JSW) Stipulation to Continue Case Management Conference. Case Management Statement due by 7/16/2010. Case Management Conference set for 7/23/2010 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 6/23/10. (jjo, COURT STAFF) (Filed on 6/24/2010) (Entered: 06/24/2010)

June 24, 2010 PACER
98

STIPULATION (Second) to Continue Case Management Conference by Department of Justice, Office of the Director of National Intelligence. (Berman, Marcia) (Filed on 7/14/2010) (Entered: 07/14/2010)

July 14, 2010 PACER
99

ORDER GRANTING (98 in 3:08-cv-02997-JSW) Stipulation TO CONTINUE CMC (117 in 3:08-cv-01023-JSW) Stipulation TO CONTINUE CMC. Case Management Statement due by 9/3/2010. Case Management Conference set for 9/10/2010 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 7/15/10. (jjoS, COURT STAFF) (Filed on 7/15/2010) (Entered: 07/15/2010)

July 15, 2010 PACER
100

STIPULATION re 99 Order, Set Deadlines/Hearings,, Stipulation to Vacate Case Management Conference by Department of Justice, Office of the Director of National Intelligence. (Berman, Marcia) (Filed on 9/3/2010) (Entered: 09/03/2010)

Sept. 3, 2010 PACER

State / Territory: California

Case Type(s):

National Security

Key Dates

Filing Date: June 17, 2008

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Electronic Frontier Foundation, a not-for-profit corporation acting to defend civil liberties related to technology

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Office of the Director of National Intelligence, Federal

Department of Justice, Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Implement complaint/dispute resolution process

Required disclosure

Issues

General:

Records Disclosure