Case: Freedom of the Press Foundation v. U.S. Department of Justice

4:15-cv-03503 | U.S. District Court for the Northern District of California

Filed Date: July 30, 2015

Closed Date: March 13, 2017

Clearinghouse coding complete

Case Summary

On July 30, 2015, the Freedom of the Press Foundation (a non-profit organization focusing on First Amendment press rights) sued the U.S. Department of Justice in the Northern District of California seeking injunctive relief under the Freedom of Information Act. Plaintiff sought the expedited processing and release of records from the FBI concerning the procedures by which the Bureau issues National Security Letters ("NSLs") and exigent letters to investigate members of the press. Plaintiff beli…

On July 30, 2015, the Freedom of the Press Foundation (a non-profit organization focusing on First Amendment press rights) sued the U.S. Department of Justice in the Northern District of California seeking injunctive relief under the Freedom of Information Act. Plaintiff sought the expedited processing and release of records from the FBI concerning the procedures by which the Bureau issues National Security Letters ("NSLs") and exigent letters to investigate members of the press. Plaintiff believes that the records met FOIA’s requirements for expedited processing as they are “of widespread and exceptional media interest in which there exist possible questions about the government’s integrity which affect public confidence.” 5 U.S.C. § 552(a)(6)(E)(v)(II).

18 U.S.C. § 2709 authorizes the FBI to NSLs to obtain subscriber information, toll billing records, and transactional records from wire or electronic communications service providers in national security investigations. The FBI issues these NSLs without any prior judicial review, and Section 2709(c) allows the FBI to impose an indefinite nondisclosure order on an NSL recipient. Similarly, exigent letters allow the FBI to obtain phone records in emergency situations without serving prior legal processes.

In three cases simultaneously before the Ninth Circuit, the constitutionality of the NSL framework was being challenged, though the practice of issuing NSLs continues. See Under Seal v. Lynch, Nos. 13-15957, 13-16731, 13-16732 (9th Cir. argued Oct. 8, 2014).

FBI procedures for interacting with the media are contained in a publicly available document called “Media Guidelines.” The latest update to the Guidelines in January 2015 contains no procedures for issuing NSLs or exigent letters, so Plaintiff requested this information in a FOIA request dated March 10, 2015. While the FBI granted the request for expedited processing only ten days later, the agency has yet to make a final determination to release the records. Plaintiff appealed the constructive denial in May 2015, and received a letter in July indicating that the request would take a further seven months to be decided upon. This is far beyond the generally applicable twenty-day deadline for processing any FOIA request.

A hearing schedule was set on January 21, 2016, and the hearing occurred on August 18, 2016.

On March 13, 2017, the Court (Judge Haywood S. Gilliam) granted summary judgment in favor of the defendant. The Court found that the defendant conducted an adequate search in response to the request, and properly invoked exemption 1 (authorized to be kept secret in the interest of national defense by Executive Order), exemption 3 (exempted from disclosure by statute), exemption 5 (exempted from disclosure because the document is an interagency or intra-agency memorandum which should not be available by law to a party other than an agency unless in litigation with the agency), exemption 7(E) (exempted from disclosure as it is a law enforcement record that would reveal techniques and procedures for law enforcement investigations, prosecutions, or guidelines for investigations or prosecutions). The Court also found the plaintiff did not sufficiently specify how the withheld material matched previously disclosed material and thus could not raise Official Acknowledgment over the FOIA exemptions. Next, the Court found the defendant appropriated segregated and disclosed the portions of documents that were not exempted. Finally, the Court denied a request of in camera review, finding the defendant sufficiently supported its exemptions. 241 F. Supp. 3d 986.

The case is now closed.

Summary Authors

Dan Hofman (3/9/2016)

Cade Boland (3/23/2018)

Calvin Kim (9/14/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4182065/parties/freedom-of-the-press-foundation-v-united-states-department-of-justice/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Adelstein, Jay David (California)

Amdur, Spencer E. (California)

Anderson, Linda (California)

Aronoff, Peter Max (California)

Attorney, Noticing INS (California)

Expert/Monitor/Master/Other
Judge(s)

Gilliam, Haywood Stirling Jr. (California)

Attorney for Defendant

Adelstein, Jay David (California)

Amdur, Spencer E. (California)

Anderson, Linda (California)

Aronoff, Peter Max (California)

Attorney, Noticing INS (California)

Auerbach, Gerald (California)

AUSA, Christopher D (California)

Baker, Wyn Dee (California)

Beckerman, Laura (California)

Bergman, Jacob Max (California)

Bernie, Andrew Marshall (District of Columbia)

Berwick, Benjamin (California)

Bickford, James O. (California)

Bowen, Brigham J (California)

Bowers, Kate (California)

Brown, Jane Pansing (California)

Brunner, Helen J (California)

Bryan, Lonnie F (California)

Burdette, Cathy Jo (California)

Byars, Michael James (California)

Cargo, Shane Patrick (California)

Carlson, Lucy G (California)

Cha-Kim, Stephen Seungkun (California)

Chang, William S.W. (California)

Chaudhury, Arastu Kabeer (California)

Chilakamarri, Varu (California)

Cho, James R. (California)

Clopper, John Dalton (California)

Cox, James Cox (California)

Crowley, Megan Anne (California)

CV, U S (California)

D'Alessandro, Mark Thomas (California)

Daughtry, Emily Ewell (California)

Deiss, Ila Casy (California)

DeVito, David Michael (California)

Docherty, John (California)

Dolinger, Samuel Hilliard (California)

Dominguez, Silvia (California)

Donohue, Brian G. (California)

Durkin, Timothy Michael (California)

Dyck, Henry Parker (California)

Ennis, Christine Wild (California)

Erickson-Pogorzelski, Anthony (California)

Falk, Rebecca Ann (California)

Farel, Lily S. (California)

FitzGerald, Ellen (California)

Francis, Victoria L. (California)

Frank, Gerald S (California)

Frisch, Stuart (California)

Garg, Arjun (California)

Garrett, Jenigh J. (California)

Gianola, John Fulton (California)

Gomez, Abel (California)

Gonzalez, Gregory (California)

GOVT, Kate R. (California)

Griffiths, John Richard (California)

Guzman, Gladys M. (California)

Haas, Alexander Kenneth (California)

Haroldson, Thomas E (California)

Harvey, Judy B (California)

Harvey, Judith B. (California)

Heiman, Julia Alexandra (California)

Henry, Terry M. (California)

Herb, Kimberly Lynn (California)

Herman, Vincent (California)

Hernandez, J Cole (California)

Hoff, David H (California)

Horn, Stephen M. (California)

Howard, Roscoe Howard (California)

Hsu, Shining J. (California)

Hunt, Joseph H. (California)

Ikari, Carolyn Aiko (California)

Inactive, Cynthia M (California)

Inactive, Michael A (California)

James, Michael (California)

Jr, John David (California)

Jude, Jennifer Ann (California)

Kabrawala, Ameet B. (California)

Kahrs, Laurie Kathleen (California)

Keefe, Kerry Jane (California)

Kelleher, Diane (California)

Khorshid, Anoiel (California)

Kirschner, Adam D. (California)

Klecka, Matthew (California)

Kneedler, Jennie L. (California)

Konkoly, Antonia (California)

Lantka, Peter Michael (California)

Larsen, Christian R (California)

Leary, Peter Decklin (California)

Lee, Jason (California)

Lee, Jonathan Unruh (California)

Lesperance, Karen Folster (California)

Levy, Judith E. (California)

Lieber, Sheila M. (California)

Lievense, Andrew J. (California)

Lo, Michelle (California)

London, Ellen (California)

Maher, Lidia (California)

Maisels, Amanda L. (California)

Majeed, Sameena (California)

Marentette, Pamela (California)

Martikan, Owen Peter (California)

McArdle, Kevin William (California)

McElvain, Joel (California)

Mercado-Santana, Victor M. (California)

Metzger, Emily B. (California)

Moore, Tamra T. (California)

Morrison, Ross Eric (California)

Morte, Tara Marie (California)

Nestler, Emily (California)

Olds, Dara A (California)

Patrick, Jack B (California)

Patton, Rodney (California)

Pelletier, Paul E (California)

Perez-Daple, Brian (California)

Phillips, Frederick S. (California)

Porsia, Sara Christi (California)

Powell, Amy Elizabeth (California)

Prillaman, Debra Jean (California)

Prose, Susan Begesse (California)

Rachal, Doreen M. (California)

Ray, Jeffrey P. (California)

Rich, J. Eric (California)

Risner, Scott (California)

Robinson, Kimberly Anne (California)

Rosenberg, Brad Prescott (California)

Russ, John A. (California)

Sandberg, Justin M. (California)

Scharf, James A. (California)

Schools, Scott (California)

Shapiro, Elizabeth (California)

Sheffield, Carlton Frederick (California)

Sherman, Steve A (California)

Shockey, Charles Ray (California)

Singer, Benjamin D. (California)

Singer, Samuel M. (California)

Smart, Adam Ryan (California)

Smith, Alexandra F. (California)

Smith, Jeffrey Michael (California)

Snead, Jacqueline E. (California)

Sneed, Sekret Tamara (California)

Soskin, Eric Joseph (California)

Sowles, Marcia (California)

Spooner, Sandra P (California)

Stark, John J. (California)

Stegeby, Erik Kenneth (California)

Stellmach, William (California)

Tayloe, Benjamin O (California)

Thorp, Galen (California)

Tinio, Rebecca Sol (California)

Torrance, Benjamin Henry (California)

Tseng, Neill Tai (California)

Tulis, Elizabeth (California)

Ulrich, Tamara (California)

Voss, Ana H (California)

Wall, Robin Michael (California)

Walsh, Thomas P. (California)

Waterman, Brandon Matthew (California)

Wayne, Seth (California)

Weiss, Daniel Herman (California)

Westwater, Gisela A (California)

Whittlesey, Brent A (California)

Williams, Ed (California)

Zee, Michael Andrew (California)

show all people

Documents in the Clearinghouse

Document

4:15-cv-03503

Docket [PACER]

Freedom of the Press Foundation v. United States Department of Justice

March 13, 2017

March 13, 2017

Docket
1

4:15-cv-03503

Complaint for Injunctive Relief

Freedom of the Press Foundation v. United States Department of Justice

July 30, 2015

July 30, 2015

Complaint
51

4:15-cv-03503

Order re Cross Motions for Summary Judgment

Freedom of the Press Foundation v. Department of Justice

March 13, 2017

March 13, 2017

Order/Opinion

241 F.Supp.3d 241

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4182065/freedom-of-the-press-foundation-v-united-states-department-of-justice/

Last updated Feb. 2, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against United States Department of Justice ( Filing fee $ 400, receipt number 0971-9719556.). Filed byFreedom of the Press Foundation. (Attachments: # 1 Civil Cover Sheet)(Hofmann, Marcia) (Filed on 7/30/2015) (Entered: 07/30/2015)

1 Civil Cover Sheet

View on PACER

July 30, 2015

July 30, 2015

Clearinghouse
2

Proposed Summons. (Hofmann, Marcia) (Filed on 7/30/2015) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

RECAP
3

Certificate of Interested Entities by Freedom of the Press Foundation (Hofmann, Marcia) (Filed on 7/30/2015) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER
4

Case assigned to Hon. Haywood S Gilliam, Jr. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (bwS, COURT STAFF) (Filed on 7/30/2015) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER
5

Summons Issued as to United States Department of Justice (dtmS, COURT STAFF) (Filed on 7/30/2015) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER
6

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/27/2015. Case Management Conference set for 11/3/2015 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (dtmS, COURT STAFF) (Filed on 7/30/2015) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

RECAP
7

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-9722378.) filed by Freedom of the Press Foundation. (Attachments: # 1 Supplement NY Certificate of Good Standing, # 2 Supplement NJ Certificate of Good Standing)(Baranetsky, Diana) (Filed on 7/30/2015) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER
8

ORDER by Judge Haywood S. Gilliam, Jr. Granting 7 Motion for Pro Hac Vice. (ndrS, COURT STAFF) (Filed on 7/31/2015) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

RECAP
9

CERTIFICATE OF SERVICE by Freedom of the Press Foundation (Hofmann, Marcia) (Filed on 7/31/2015) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

PACER
10

CERTIFICATE OF SERVICE by Freedom of the Press Foundation re 5 Summons Issued as to USA, 6 Initial Case Management Scheduling Order with ADR Deadlines, 3 Certificate of Interested Entities, 8 Order on Motion for Pro Hac Vice, 1 Complaint (Baranetsky, Diana) (Filed on 7/31/2015) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

PACER
11

Defendant's ANSWER to Complaint for Injunctive Relief byUnited States Department of Justice. (Tseng, Neill) (Filed on 9/2/2015) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

RECAP
12

NOTICE of Appearance by Andrew Marshall Bernie (Bernie, Andrew) (Filed on 10/13/2015) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
13

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Hofmann, Marcia) (Filed on 10/13/2015) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
14

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Hofmann, Marcia) (Filed on 10/13/2015) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
15

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Bernie, Andrew) (Filed on 10/13/2015) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

PACER
16

ADR Clerk's Notice Setting ADR Phone Conference on October 22, 2015 at 10:30 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 10/14/2015) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
17

CASE MANAGEMENT STATEMENT filed by Freedom of the Press Foundation. (Baranetsky, Diana) (Filed on 10/27/2015) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

RECAP
18

Consent MOTION to Appear by Telephone at the November 3, 2015 Case Management Conference filed by United States Department of Justice. (Attachments: # 1 Proposed Order)(Bernie, Andrew) (Filed on 10/29/2015) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
19

ORDER by Judge Haywood S. Gilliam, Jr. Granting 18 Motion to Appear by Telephone at the November 3, 2015 Case Management Conference. (ndrS, COURT STAFF) (Filed on 11/2/2015) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

RECAP
20

Minute Entry for proceedings held before Hon. Haywood S. Gilliam, Jr.: Case Management Conference held on 11/3/2015. FTR Time 2:14-2:26 (12 Minutes). Plaintiff Attorney Marcia Hoffman; D. Victoria Baranetsky. Defendant Attorney Andrew Berbia appeaeing via CourtCall. Matter is continued to January 19, 2016 at 2:00 for further case management conference. Court not opposed to counsel for Defendant appearing via CourtCall at the next case management conference upon request.(This is a text minute entry, there is no document associated with this entry.)(ndrS, COURT STAFF) (Date Filed: 11/3/2015) (Entered: 11/04/2015)

Nov. 3, 2015

Nov. 3, 2015

PACER
21

Consent MOTION to Appear by Telephone at the January 19, 2016 Case Management Conference filed by United States Department of Justice. (Attachments: # 1 Proposed Order)(Bernie, Andrew) (Filed on 1/11/2016) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
22

ORDER by Judge Haywood S. Gilliam, Jr. Granting 21 Motion to Appear by Telephone at the January 19, 2016 Case Management Conference. Counsel shall contact CourtCall at (866) 582-6878 to make arrangements for the telephonic appearance. (ndrS, COURT STAFF) (Filed on 1/11/2016) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

RECAP
23

CASE MANAGEMENT STATEMENT filed by Freedom of the Press Foundation. (Hofmann, Marcia) (Filed on 1/12/2016) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

RECAP
24

Minute Entry for proceedings held before Hon. Haywood S. Gilliam, Jr.: Further Case Management Conference held on 1/19/2016 (16 minutes). FTR Time 2:02-2:18. Plaintiff Attorney Marcia Hoffman; D. Victoria Baranetsky. Defendant Attorney Andrew Bernie appearing via CourtCall. The parties are directed to meet and confer regarding briefing schedule and e-file a stipulation and proposed order by the end of the day on Friday, January 23, 2016. The Court sets March 21, 2016 as the deadline to exchange the Vaughn index. Parties are directed to follow through with their currently scheduled ADR call.(This is a text minute entry, there is no document associated with this entry.)(ndrS, COURT STAFF) (Date Filed: 1/19/2016) (Entered: 01/20/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
25

STIPULATION WITH PROPOSED ORDER Concerning Briefing Schedule filed by United States Department of Justice. (Bernie, Andrew) (Filed on 1/21/2016) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

RECAP
26

ORDER by Judge Haywood S. Gilliam, Jr. Granting 25 Stipulation Concerning Briefing Schedule. (ndrS, COURT STAFF) (Filed on 1/21/2016) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

RECAP
27

NOTICE by Freedom of the Press Foundation of Change of Law Practice Name (Hofmann, Marcia) (Filed on 1/28/2016) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

PACER
28

CASE MANAGEMENT STATEMENT filed by Freedom of the Press Foundation. (Baranetsky, Diana) (Filed on 4/1/2016) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

RECAP
29

ORDER directing Defendant to notice the motion for summary judgment due May 9, 2016, for hearing on August 18, 2016, at 2:00 pm in Courtroom 10, 19th Floor, San Francisco. Any cross-motion for summary judgment by Plaintiff should also be noticed for August 18, 2016. The motion hearing previously set for August 11, 2016, is vacated. (This is a text-only entry; there is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 4/11/2016) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

PACER
30

MOTION for Summary Judgment filed by United States Department of Justice. Motion Hearing set for 8/18/2016 02:00 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Haywood S Gilliam Jr.. Responses due by 6/10/2016. Replies due by 7/1/2016. (Attachments: # 1 Declaration Declaration of David Hardy, # 2 Exhibit Exhibits to Declaration of David Hardy, # 3 Proposed Order)(Bernie, Andrew) (Filed on 5/9/2016) (Entered: 05/09/2016)

1 Declaration Declaration of David Hardy

View on PACER

2 Exhibit Exhibits to Declaration of David Hardy

View on PACER

3 Proposed Order

View on PACER

May 9, 2016

May 9, 2016

RECAP
31

STIPULATION WITH PROPOSED ORDER Substituting Counsel filed by Freedom of the Press Foundation. (Ghappour, Ahmed) (Filed on 5/17/2016) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

PACER
32

ORDER by Judge Haywood S. Gilliam, Jr. Granting 31 STIPULATION OF SUBSTITUTION OF COUNSEL FOR PLAINTIFF FREEDOM OF THE PRESS FOUNDATION. (ndrS, COURT STAFF) (Filed on 5/18/2016) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

RECAP
33

STIPULATION WITH PROPOSED ORDER to Exceed Page Limit filed by Freedom of the Press Foundation. (Hofmann, Marcia) (Filed on 6/1/2016) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

RECAP
34

DISREGARD, INCORRECT DOCUMENT ATTACHED. SEE DOCKET NO. [35[ FOR CORERCT ORDER. ORDER by Judge Haywood S. Gilliam, Jr. Granting 33 Stipulation to Exceed Page Limit. (ndrS, COURT STAFF) (Filed on 6/3/2016) Modified on 6/7/2016 (ndrS, COURT STAFF). (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

RECAP
35

ORDER Granting 33 STIPULATION to Exceed Page Limit. Signed by Judge Haywood S. Gilliam, Jr. on 6/3/2016. (ndrS, COURT STAFF) (Filed on 6/3/2016) (Entered: 06/07/2016)

June 3, 2016

June 3, 2016

RECAP
36

MOTION to File Amicus Curiae Brief of the Reporters Committee for Freedom of the Press and 37 Media Organizations and Brief Amicus Curiae in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment filed by Reporters Committee for Freedom of the Press. Motion Hearing set for 8/18/2016 02:00 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Haywood S Gilliam Jr.. Responses due by 6/24/2016. Replies due by 7/1/2016. (KatieLynn, Townsend) (Filed on 6/10/2016) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

RECAP
37

RESPONSE (re 30 MOTION for Summary Judgment ) and CROSS MOTION for Summary Judgment filed byFreedom of the Press Foundation. (Attachments: # 1 Proposed Order)(Hofmann, Marcia) (Filed on 6/10/2016) Modified on 6/13/2016 (dtmS, COURT STAFF). (Entered: 06/10/2016)

1 Proposed Order

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June 10, 2016

June 10, 2016

RECAP
38

Declaration of Marcia Hofmann in Support of 37 Opposition/Response to Motion and Cross Motion for Summary Judgment filed byFreedom of the Press Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Related document(s) 37 ) (Hofmann, Marcia) (Filed on 6/10/2016) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
39

EXHIBIT 10 re 38 Declaration in Support, filed byFreedom of the Press Foundation. (Attachments: # 1 Exhibit 10 part 1, # 2 Exhibit 10 part 2, # 3 Exhibit 10 part 3, # 4 Exhibit 10 part 4, # 5 Exhibit 10 part 5, # 6 Exhibit 10 part 6, # 7 Exhibit 10 part 7)(Related document(s) 38 ) (Hofmann, Marcia) (Filed on 6/10/2016) Modified on 6/13/2016 (dtmS, COURT STAFF). (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
40

EXHIBITS 11 - 15 re 38 Declaration in Support, filed byFreedom of the Press Foundation. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15)(Related document(s) 38 ) (Hofmann, Marcia) (Filed on 6/10/2016) Modified on 6/13/2016 (dtmS, COURT STAFF). (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
41

STIPULATION WITH PROPOSED ORDER To Extend by Fourteen Days Defendant's Deadline to File its Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by United States Department of Justice. (Bernie, Andrew) (Filed on 6/24/2016) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
42

ORDER by Judge Haywood S. Gilliam, Jr. Granting 41 Stipulation Extend by Fourteen Days Defendant's Deadline to File its Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment. (ndrS, COURT STAFF) (Filed on 6/27/2016) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

RECAP
43

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING 36 Motion to File Amicus Curiae Brief. (ndrS, COURT STAFF) (Filed on 6/27/2016) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

RECAP
44

REPLY (re 30 MOTION for Summary Judgment ) and Opposition to Plaintiff's Cross-Motion for Summary Judgment filed byUnited States Department of Justice. (Attachments: # 1 Declaration)(Bernie, Andrew) (Filed on 7/15/2016) (Entered: 07/15/2016)

1 Declaration

View on RECAP

July 15, 2016

July 15, 2016

RECAP
45

REPLY (re 30 MOTION for Summary Judgment ) filed byFreedom of the Press Foundation. (Hofmann, Marcia) (Filed on 8/8/2016) (Entered: 08/08/2016)

Aug. 8, 2016

Aug. 8, 2016

RECAP
46

Declaration of Marcia Hofmann in Support of 45 Reply to Opposition/Response (Supplemental) filed byFreedom of the Press Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 45 ) (Hofmann, Marcia) (Filed on 8/8/2016) (Entered: 08/08/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Aug. 8, 2016

Aug. 8, 2016

PACER
47

Minute Entry for proceedings held before Hon. Haywood S. Gilliam, Jr.: Motion Hearing held on 8/18/2016 (Total Time in Court 35 Minutes). Court Reporter Name Rhonda Aquilina. Plaintiff Attorney Marcia Hoffman. Defendant Attorney Andrew Bernie. The parties cross motions for summary judgment (docket nos. 30, 37 ) are argued and submitted by the parties, and taken under submission by the Court. This is a text only Minute Entry (ndrS, COURT STAFF) (Date Filed: 8/18/2016) (Entered: 08/19/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER
48

NOTICE of Withdrawal of Counsel Neill T. Tseng and Proposed Order Permitting Withdrawal by United States Department of Justice (Tseng, Neill) (Filed on 2/7/2017) Modified on 2/8/2017 (alsS, COURT STAFF). (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
49

ORDER Granting 48 Notice of Withdrawal of Counsel Neill T. Tseng and Permitting Withdrawal. Signed by Judge Haywood S. Gilliam, Jr. on 2/8/2017. (ndrS, COURT STAFF) (Filed on 2/8/2017) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

RECAP
50

CLERKS NOTICE REGARDING CHANGE OF LOCATION FOR JUDGE GILLIAM:Effective March 2, 2017, Judge Haywood S. Gilliam, Jr.'s courtroom and chambers will be located in the Ronald V. Dellums Federal Building and United States Courthouse, Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA 94612. On or after March 2, 2017, all filings for matters pending on Judge Gilliam's docket, all court appearances, and all deliveries of chambers copies of documents must be made at the Oakland Courthouse. The days and times for law and motion calendars and all currently scheduled proceedings remain unchanged.Please note that all of Judge Gilliam's case files will be moved to the Oakland Courthouse; therefore, all case numbers assigned to him will be changed slightly to reflect the correct location. Previously, all case numbers started with 3 to indicate the San Francisco office (Example: 3:15-cv-1129-HSG). As of March 2, 2017 all of Judge Gilliam's case files will begin with 4 to indicate the Oakland office, but everything else will stay the same (Example: 4:15-cv-1129-HSG). When e-filing, using the short case number format will always avoid problems when searching for the correct case: 12-12345 (YY-NNNNN).For information on the Oakland Courthouse please go to: http://cand.uscourts.gov/locations-oakland This is a text only docket entry; there is no document associated with this notice. (slhS, COURT STAFF) (Filed on 3/1/2017) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
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ORDER by Judge Haywood S. Gilliam, Jr. RE ( 30 , 37 ) CROSS MOTIONS FOR SUMMARY JUDGMENT. (ndrS, COURT STAFF) (Filed on 3/13/2017) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

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CLERK'S JUDGMENT in favor of United States Department of Justice against Freedom of the Press Foundation. (ndrS, COURT STAFF) (Filed on 3/13/2017) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

Case Details

State / Territory: California

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 30, 2015

Closing Date: March 13, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Non-profit organization focused on First Amendment press protection.

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

U.S. Dept. of Justice, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Records Disclosure