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

3:08-cv-01023 | U.S. District Court for the Northern District of California

Filed Date: Feb. 20, 2008

Clearinghouse coding complete

Case Summary

On February 20, 2008, the Electronic Frontier Foundation (EFF) filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued the Office of the Director of National Intelligence under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, claiming that the defendants "wrongfully withheld agency records requested by Plaintiff by failing to comply with the statutory time limit for processing FOIA requests." The plaintiff, represented by attorneys from EF…

On February 20, 2008, the Electronic Frontier Foundation (EFF) filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued the Office of the Director of National Intelligence under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, claiming that the defendants "wrongfully withheld agency records requested by Plaintiff by failing to comply with the statutory time limit for processing FOIA requests." The plaintiff, represented by attorneys from EFF, asked the court for injunctive relief.

Specifically, plaintiffs claimed that the government agreed to expedite plaintiff's FOIA request but ultimately refused to process the request and disclose any information. On December 21, 2007, the plaintiff had issued a request for materials concerning exchanges that Justice Department officials had with members of Congress or agents of telecommunications companies concerning amendments to the Foreign Intelligence Surveillance Act (FISA), "including any discussion of immunizing telecommunications companies or holding them otherwise unaccountable for their role in government surveillance activities." Soon after, plaintiff formally requested that defendants expedite each request because of an "urgency to inform the public." The government granted the expedite request, but no documents were released, which led to this lawsuit.

On April 4, 2008, the district court (Judge Jeffrey S. White) granted a preliminary injunction requiring defendants to expedite the plaintiff's FOIA request. On September 24, 2009, the court denied summary judgment for defendants and granted summary judgment for the plaintiff under FOIA Exemption 6. The defendants appealed part of the summary judgment motion.

On April 20, 2010, the Ninth Circuit (Judge Michael D. Hawkins) affirmed in part, reversed in part, and vacated and remanded in part the district court's order. The Ninth Circuit affirmed the district court's grant of summary judgment for the plaintiffs with respect to the release of names and email addresses under FOIA Exemption 6, reversed as to email address that exposed identities. The court vacated, however, the district court's denial of summary judgment for the defendants and granted summary judgment for the plaintiff as to FOIA Exemptions 3 and 5. The case was remanded to the district court for further proceedings.

Following the remand, the parties arranged for certain documents to be disclosed to the plaintiff. Those disclosures have been uploaded to the plaintiff's website and are made available below as well. After these disclosures were made, the plaintiff filed a stipulation of dismissal. On September 29, 2010, the district court dismissed this case with prejudice.

Summary Authors

Neil Tiwari (10/11/2016)

MJ Koo (3/23/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4171988/parties/electronic-frontier-foundation-v-office-of-the-director-of-national/


Judge(s)

Hawkins, Michael Daly (Arizona)

Spero, Joseph C. (California)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Hofmann, Marcia (California)

Sobel, David L. (District of Columbia)

Attorneys(s) for Defendant

Berman, Marcia (District of Columbia)

Kirschner, Adam D. (District of Columbia)

Warden, Andrew Irwin (District of Columbia)

Judge(s)

Hawkins, Michael Daly (Arizona)

Spero, Joseph C. (California)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Hofmann, Marcia (California)

Sobel, David L. (District of Columbia)

Attorneys(s) for Defendant

Berman, Marcia (District of Columbia)

Kirschner, Adam D. (District of Columbia)

Warden, Andrew Irwin (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 29, 2010 Docket
1

Complaint for Injunctive Relief [With Civil Cover Sheet and Summons Attached]

Feb. 20, 2008 Complaint
43

Order Granting Preliminary Injunction

542 F.Supp.2d 1181

April 4, 2008 Order/Opinion
90

Order denying defendant's motion for summary judgment and granting plaintiff's cross-motion for summary judgment

2009 WL 3061975

Sept. 24, 2009 Order/Opinion
111

Opinion

U. S. Court of Appeals for the Ninth Circuit

639 F.3d 876

April 9, 2010 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4171988/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 for Injunctive Relief - [Summons Issued] against Office of the Director of National Intelligence & Department of Justice, [Filing Fee:$350.00, Receipt Number 34611016029]. Filed by Plaintiff Electronic Frontier Foundation. (tn, COURT STAFF) (Filed on 2/20/2008) (Entered: 02/21/2008)

Feb. 20, 2008 RECAP
2

ADR SCHEDULING ORDER: Joint Case Management Statement due 5/20/2008 & InitialCase Management Conference set for 5/27/2008 at 10:00 AM.. (Attachments: #(1) EDL Standing Order). (tn, COURT STAFF) (Filed on 2/20/2008) (Additional attachment(s) added on 2/21/2008: # 2 Standing Order for All Judges) (tn, COURT STAFF). (Entered: 02/21/2008)

1 EDL Standing Order

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2 Standing Order for All Judges

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Feb. 20, 2008 RECAP
3

CERTIFICATION of Interested Entities or Persons Filed by Plaintiff Electronic Frontier Foundation. (tn, COURT STAFF) (Filed on 2/20/2008) (Entered: 02/21/2008)

Feb. 20, 2008 RECAP
4

ORIGINAL SUMMONS in a Civil Case Returned Unexecuted Filed by Plaintiff Electronic Frontier Foundation as to the Office of the Director of National Intelligence. (tn, COURT STAFF) (Filed on 2/25/2008) (Entered: 02/27/2008)

Feb. 25, 2008 RECAP
5

SUMMONS Re-Issued as to Defendant Office of the Director of National Intelligence. (tn, COURT STAFF) (Filed on 2/25/2008) (Entered: 02/27/2008)

Feb. 25, 2008 RECAP
6

SUMMONS Re-Issued as to Defendant Department of Justice. (tn, COURT STAFF) (Filed on 2/25/2008) (Entered: 02/27/2008)

Feb. 25, 2008 RECAP
7

MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)

Feb. 29, 2008 RECAP
8

Declaration of Marcia Hofmann in Support of 7 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A-D, # 2 Exhibit E-H, # 3 Exhibit I-K, # 4 Exhibit L, # 5 Exhibit M, # 6 Exhibit N, # 7 Exhibit O-R, # 8 Exhibit S-V)(Related document(s) 7 ) (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)

1 Exhibit A-D

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2 Exhibit E-H

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3 Exhibit I-K

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4 Exhibit L

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5 Exhibit M

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6 Exhibit N

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7 Exhibit O-R

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8 Exhibit S-V

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Feb. 29, 2008 RECAP
9

Proposed Order re 7 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction Granting Plaintiffs Motion for Preliminary Injunction by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)

Feb. 29, 2008 RECAP
10

CERTIFICATE OF SERVICE by Electronic Frontier Foundation re 7 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction, 9 Proposed Order, 8 Declaration in Support, (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)

Feb. 29, 2008 RECAP
11

MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction filed by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)

Feb. 29, 2008 RECAP
12

Brief re 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction filed byElectronic Frontier Foundation. (Related document(s) 11 ) (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)

Feb. 29, 2008 RECAP
13

Declaration of Marcia Hofmann in Support of 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A)(Related document(s) 11 ) (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)

1 Exhibit A

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Feb. 29, 2008 RECAP
14

Proposed Order re 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction Granting Plaintiffs Motion to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)

Feb. 29, 2008 RECAP
15

CERTIFICATE OF SERVICE by Electronic Frontier Foundation re 14 Proposed Order, 13 Declaration in Support, 12 Brief, 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)

Feb. 29, 2008 RECAP
16

CONSENT to Proceed Before a US Magistrate Judge by Electronic Frontier Foundation.. (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)

Feb. 29, 2008 RECAP
17

CERTIFICATE OF SERVICE by Electronic Frontier Foundation re 16 Consent to Proceed Before a US Magistrate Judge (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)

Feb. 29, 2008 RECAP
18

ORDER denying motion to relate cases. Signed by Judge Illston on 2/29/08. (ts, COURT STAFF) (Filed on 3/5/2008) (Entered: 03/05/2008)

March 5, 2008 RECAP
19

NOTICE of Appearance by Andrew Irwin Warden (Warden, Andrew) (Filed on 3/5/2008) (Entered: 03/05/2008)

March 5, 2008 RECAP
20

Declination to Proceed Before a U.S. Magistrate Judge by Office of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Exhibit)(Warden, Andrew) (Filed on 3/5/2008) (Entered: 03/05/2008)

1 Exhibit

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March 5, 2008 RECAP
21

Memorandum in Opposition re 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Warden, Andrew) (Filed on 3/5/2008) (Entered: 03/05/2008)

1 Affidavit

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2 Proposed Order

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March 5, 2008 RECAP
22

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (lmh, COURT STAFF) (Filed on 3/6/2008) (Entered: 03/06/2008)

March 6, 2008 RECAP
23

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Jeffrey S. White for all further proceedings. Judge Magistrate Judge Elizabeth D. Laporte no longer assigned to the case. Signed by Executive Committee on 3/6/08. (mab, COURT STAFF) (Filed on 3/6/2008) (Entered: 03/06/2008)

March 6, 2008 RECAP
24

STIPULATION To Extend Page Limit For Defendants' Opposition To Plaintiff's Motion For Preliminary Injunction by Office of the Director of National Intelligence, Department of Justice. (Warden, Andrew) (Filed on 3/10/2008) (Entered: 03/10/2008)

March 10, 2008 RECAP
25

Renotice motion hearing filed byElectronic Frontier Foundation. Motion Hearing set for 5/9/2008 09:00 AM in Courtroom 2, 17th Floor, San Francisco. (Hofmann, Marcia) (Filed on 3/10/2008) (Entered: 03/10/2008)

March 10, 2008 RECAP
26

ORDER GRANTING 24 Stipulation to Exceed Page Limit for Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction. Signed by Judge Jeffrey S. White on 3/10/08. (jjo, COURT STAFF) (Filed on 3/10/2008) (Entered: 03/10/2008)

March 10, 2008 RECAP
27

INITIAL SCHEDULING CONFERENCE ORDER: Case Management Conference set for 6/13/2008 01:30 PM. Case Management Statement due by 6/6/2008.. Signed by Judge Jeffrey S. White on 3/10/08. (jjo, COURT STAFF) (Filed on 3/10/2008) (Entered: 03/10/2008)

March 10, 2008 RECAP
28

MOTION to Amend/Correct 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction ; Memorandum in Support of Amended Application for Order to Shorten Time for a Hearing on Plaintiff's Motion for a Preliminary Injunction filed by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 3/11/2008) (Entered: 03/11/2008)

March 11, 2008 RECAP
29

Declaration of Marcia Hofmann in Support of 28 MOTION to Amend/Correct 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction ; Memorandum in Support of Amended Application for Order to Shorten Time for a Hearing on Plaintiff's Motion for a Prelimina MOTION to Amend/Correct 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction ; Memorandum in Support of Amended Application for Order to Shorten Time for a Hearing on Plaintiff's Motion for a Prelimina filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A)(Related document(s) 28 ) (Hofmann, Marcia) (Filed on 3/11/2008) (Entered: 03/11/2008)

1 Exhibit A

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March 11, 2008 RECAP
30

Proposed Order re 28 MOTION to Amend/Correct 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction ; Memorandum in Support of Amended Application for Order to Shorten Time for a Hearing on Plaintiff's Motion for a Prelimina MOTION to Amend/Correct 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction ; Memorandum in Support of Amended Application for Order to Shorten Time for a Hearing on Plaintiff's Motion for a Prelimina by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 3/11/2008) (Entered: 03/11/2008)

March 11, 2008 RECAP
31

MOTION for leave to appear in Pro Hac Vice-David Sobel ( Filing fee $ 210, receipt number 34611016824.) filed by Electronic Frontier Foundation. (hdj, COURT STAFF) (Filed on 3/11/2008) (Entered: 03/12/2008)

March 11, 2008 PACER
32

ORDER by Judge Jeffrey S. White granting 31 Motion for Pro Hac Vice for David Sobel (jjo, COURT STAFF) (Filed on 3/12/2008) (Entered: 03/12/2008)

March 12, 2008 RECAP
33

Memorandum in Opposition re 28 MOTION to Amend/Correct 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction ; Memorandum in Support of Amended Application for Order to Shorten Time for a Hearing on Plaintiff's Motion for a Prelimina MOTION to Amend/Correct 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction ; Memorandum in Support of Amended Application for Order to Shorten Time for a Hearing on Plaintiff's Motion for a Prelimina filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Warden, Andrew) (Filed on 3/13/2008) (Entered: 03/13/2008)

1 Affidavit

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2 Proposed Order

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March 13, 2008 RECAP
34

ORDER by Judge Jeffrey S. White GRANTING Modified 11, 28 Motion Shorten Time for Hearing on Motion for a Preliminary Injunction. (jswlc2, COURT STAFF) (Filed on 3/13/2008) (Entered: 03/13/2008)

March 13, 2008 RECAP
35

CERTIFICATE OF SERVICE by Electronic Frontier Foundation for Civil Standing Orders of Judge Jeffrey S. White (Hofmann, Marcia) (Filed on 3/13/2008) (Entered: 03/13/2008)

March 13, 2008 RECAP
36

Memorandum in Opposition re 7 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Affidavit Sessoms Declaration, # 2 Affidavit Colborn Declaration, # 3 Affidavit Pustay Declaration, # 4 Affidavit Hackett Declaration, # 5 Exhibit EFF Order, # 6 Exhibit EPIC Order)(Warden, Andrew) (Filed on 3/18/2008) (Entered: 03/18/2008)

1 Affidavit Sessoms Declaration

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2 Affidavit Colborn Declaration

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3 Affidavit Pustay Declaration

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4 Affidavit Hackett Declaration

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5 Exhibit EFF Order

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6 Exhibit EPIC Order

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March 18, 2008 RECAP
37

RESPONSE in Support re 7 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed byElectronic Frontier Foundation. (Hofmann, Marcia) (Filed on 3/25/2008) (Entered: 03/25/2008)

March 25, 2008 RECAP
38

Declaration of Marcia Hofmann in Support of 37 Response in Support of Motion for a Preliminary Injunction filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A-G)(Related document(s) 37 ) (Hofmann, Marcia) (Filed on 3/25/2008) (Entered: 03/25/2008)

1 Exhibit A-G

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March 25, 2008 RECAP
39

ANSWER to Complaint byOffice of the Director of National Intelligence, Department of Justice. (Warden, Andrew) (Filed on 3/31/2008) (Entered: 03/31/2008)

March 31, 2008 RECAP
40

NOTICE OF TENTATIVE RULING AND QUESTIONS re 7 MOTION for Preliminary Injunction. Signed by Judge Jeffrey S. White on March 31, 2008. (jswlc2, COURT STAFF) (Filed on 3/31/2008) (Entered: 03/31/2008)

March 31, 2008 RECAP
41

RESPONSE to re 40 Order by Office of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Exhibit, # 2 Exhibit)(Warden, Andrew) (Filed on 4/2/2008) (Entered: 04/02/2008)

1 Exhibit

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2 Exhibit

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April 2, 2008 RECAP
42

Minute Entry: Preliminary Injunction Hearing held on 4/4/2008 before Judge Jeffrey S. White (Date Filed: 4/4/2008). (Court Reporter Lydia Zinn.) (jjo, COURT STAFF) (Date Filed: 4/4/2008) (Entered: 04/04/2008)

April 4, 2008 RECAP
43

ORDER by Judge Jeffrey S. White GRANTING 7 Motion for Preliminary Injunction. (jswlc2, COURT STAFF) (Filed on 4/4/2008) (Entered: 04/04/2008)

April 4, 2008 RECAP
44

RESPONSE to re 43 Order on Motion for Preliminary Injunction by Office of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Exhibit Hackett Declaration, # 2 Exhibit Sessoms Declaration, # 3 Exhibit Colborn Declaration, # 4 Exhibit Hitter Declaration, # 5 Exhibit Hardy Declaration, # 6 Exhibit Kovakas Declaration)(Warden, Andrew) (Filed on 4/21/2008) (Entered: 04/21/2008)

1 Exhibit Hackett Declaration

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2 Exhibit Sessoms Declaration

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3 Exhibit Colborn Declaration

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4 Exhibit Hitter Declaration

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5 Exhibit Hardy Declaration

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6 Exhibit Kovakas Declaration

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April 21, 2008 RECAP
45

STIPULATION Requesting to Extend Date of Case Management Conference by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 5/20/2008) (Entered: 05/20/2008)

May 20, 2008 RECAP
46

ORDER GRANTING 45 Stipulation Requesting to Extend Date of Case Management Conference. Signed by Judge Jeffrey S. White on 5/21/08. (jjo, COURT STAFF) (Filed on 5/21/2008) (Entered: 05/21/2008)

May 21, 2008 RECAP
47

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Hofmann, Marcia) (Filed on 5/29/2008) (Entered: 05/29/2008)

May 29, 2008 RECAP
48

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Warden, Andrew) (Filed on 5/30/2008) (Entered: 05/30/2008)

May 30, 2008 RECAP
49

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Warden, Andrew) (Filed on 5/30/2008) (Entered: 05/30/2008)

May 30, 2008 RECAP
50

Consent MOTION to Appear by Telephone At Case Management Conference filed by Office of the Director of National Intelligence, Department of Justice. Motion Hearing set for 6/20/2008 01:30 PM in Courtroom 2, 17th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 6/9/2008) (Entered: 06/09/2008)

1 Proposed Order

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June 9, 2008 RECAP
51

ORDER GRANTING REQUEST TO APPEAR BY TELEPHONE. Signed by Judge Jeffrey S. White on 6/10/08. (jjo, COURT STAFF) (Filed on 6/10/2008) (Entered: 06/10/2008)

June 10, 2008 RECAP
52

ADR Clerks Notice Setting ADR Phone Conference on 6/18/08 at 2:30 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 6/12/2008) (Entered: 06/12/2008)

June 12, 2008 RECAP
53

CASE MANAGEMENT STATEMENT filed by Office of the Director of National Intelligence, Department of Justice. (Warden, Andrew) (Filed on 6/13/2008) (Entered: 06/13/2008)

June 13, 2008 RECAP
54

MOTION to Relate Case filed by Electronic Frontier Foundation. (Attachments: # 1 Declaration of Marcia Hofmann, # 2 Proposed Order)(Hofmann, Marcia) (Filed on 6/18/2008) (Entered: 06/18/2008)

1 Declaration of Marcia Hofmann

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2 Proposed Order

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June 18, 2008 RECAP
55

Minute Entry: Initial Case Management Conference held on 6/20/2008 before Judge Jeffrey S. White (Date Filed: 6/20/2008). (Court Reporter Lydia Zinn.) (jjo, COURT STAFF) (Date Filed: 6/20/2008) (Entered: 06/20/2008)

June 20, 2008 RECAP
56

Memorandum in Opposition re 54 MOTION to Relate Case filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Warden, Andrew) (Filed on 6/23/2008) (Entered: 06/23/2008)

1 Exhibit

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2 Proposed Order

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June 23, 2008 RECAP
57

JOINT CASE MANAGEMENT STATEMENT of Reconsideration of Assignment to a United States Magistrate Judge filed by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 6/27/2008) (Entered: 06/27/2008)

June 27, 2008 RECAP
58

ORDER GRANTING 54 MOTION to Relate 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
59

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
60

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
61

NOTICE of Appearance by Adam Kirschner (Kirschner, Adam) (Filed on 7/15/2008) (Entered: 07/15/2008)

July 15, 2008 RECAP
62

STIPULATION to Extend Briefing Schedule and Proposed Order by Office of the Director of National Intelligence, Department of Justice. (Kirschner, Adam) (Filed on 7/17/2008) (Entered: 07/17/2008)

July 17, 2008 RECAP
63

ORDER GRANTING 62 Stipulation to Extend Time to File Motion for Summary Judgment. Signed by Judge Jeffrey S. White on July 17, 2008. (jswlc2, COURT STAFF) (Filed on 7/17/2008) (Entered: 07/17/2008)

July 17, 2008 RECAP
64

AMENDED ORDER GRANTING STIPULATION TO EXTEND TIME TO FILE MOTION FOR SUMMARY JUDGMENT. (Correction in year for date of hearing). Signed by Judge Jeffrey S. White on 7/21/08. (jjo, COURT STAFF) (Filed on 7/21/2008) (Entered: 07/21/2008)

July 21, 2008 RECAP
65

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 RECAP
66

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

Nov. 13, 2008 PACER
67

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 RECAP
68

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 RECAP
69

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
70

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
71

Declaration of Marcia Hofmann in Support of 70 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) 70 ) (Hofmann, Marcia) (Filed on 2/10/2009) (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
72

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

Feb. 10, 2009 PACER
73

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 RECAP
74

Memorandum in Opposition re 70 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
75

RESPONSE in Support 70 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
76

Declaration of Marcia Hofmann in Support of 75 Response in Support of Motion for a Stay of Proceedings filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit 1-4)(Related document(s) 75 ) (Hofmann, Marcia) (Filed on 3/3/2009) (Entered: 03/03/2009)

1 Exhibit 1-4

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March 3, 2009 PACER
77

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 RECAP
78

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
79

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
80

Declaration of John Hackett in Support of 79 Notice (Other) filed byOffice of the Director of National Intelligence, Department of Justice. (Related document(s) 79 ) (Berman, Marcia) (Filed on 5/12/2009) (Entered: 05/12/2009)

May 12, 2009 PACER
81

Declaration of Paul Colborn in Support of 79 Notice (Other) filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 revised Vaughn index)(Related document(s) 79 ) (Berman, Marcia) (Filed on 5/12/2009) (Entered: 05/12/2009)

1 revised Vaughn index

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May 12, 2009 PACER
82

Declaration of Melanie Ann Pustay in Support of 79 Notice (Other) filed byOffice of the Director of National Intelligence, Department of Justice. (Related document(s) 79 ) (Berman, Marcia) (Filed on 5/12/2009) (Entered: 05/12/2009)

May 12, 2009 PACER
83

Declaration of Susan Kim in Support of 79 Notice (Other) filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 revised Vaughn index)(Related document(s) 79 ) (Berman, Marcia) (Filed on 5/12/2009) (Entered: 05/12/2009)

1 revised Vaughn index

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May 12, 2009 PACER
84

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 PACER
85

Declaration of Marcia Hofmann in Support of 84 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) 84 ) (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
86

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
87

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
88

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 RECAP
89

NOTICE by Electronic Frontier Foundation of Joint Statement of Consideration of Assignment to a United States Magistrate Judge (Hofmann, Marcia) (Filed on 8/21/2009) (Entered: 08/21/2009)

Aug. 21, 2009 PACER
90

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 RECAP
91

MOTION to Stay re 90 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
92

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 RECAP
93

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
94

Declaration of Susan L. Kim in Support of 93 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) 93 ) (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
95

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
96

Reply Memorandum re 91 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 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
97

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 RECAP
98

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
99

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
100

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 99 Notice of Appeal, (hdj, COURT STAFF) (Filed on 10/9/2009) (Entered: 10/09/2009)

Oct. 9, 2009 PACER

State / Territory: California

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Key Dates

Filing Date: Feb. 20, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Electronic Frontier Foundation, an organization that was denied information relating to FISA amendments.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Office of the Director of National Intelligence (Washington, DC), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Terrorism/Post 9-11 issues

Type of Facility:

Government-run