Case: Microsoft v. U.S. Department of Justice

2:16-cv-00538 | U.S. District Court for the Western District of Washington

Filed Date: April 14, 2016

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On April 14, 2016, Microsoft filed this suit seeking declaratory judgment under the Declaratory Judgment Act against the U.S. Department of Justice. The case was assigned to Judge James L. Robart. Represented by private counsel, the plaintiff alleged that the government's use of gag orders to prevent the company from telling customers when the government requested their data was unconstitutional. Specifically, the plaintiff alleged that sections of the Electronic Communications Privacy Act of …

On April 14, 2016, Microsoft filed this suit seeking declaratory judgment under the Declaratory Judgment Act against the U.S. Department of Justice. The case was assigned to Judge James L. Robart. Represented by private counsel, the plaintiff alleged that the government's use of gag orders to prevent the company from telling customers when the government requested their data was unconstitutional. Specifically, the plaintiff alleged that sections of the Electronic Communications Privacy Act of 1986 allowing for the use of such gag orders, and absolving the government from notifying affected individuals facially violates the First Amendment right to free speech, and Fourth Amendment protections against unreasonable search and seizure.233 F.Supp.3d 887.

On May 26, 2016, The American Civil Liberties Union (ACLU), with Microsoft's support, filed a motion to intervene as an affected organization that uses Microsoft's products. The complaint-in-intervention also alleged that the government's failure to provide notice to affected individuals was unconstitutional. This motion to intervene, along with one other by an unrelated individual, were dismissed in an opinion by Judge Robart on August 28, 2016. That opinion, however, did grant the ACLU amicus curiae status. 2016 WL 4506808.

Many parties, including other technology firms and civil rights organizations, have been granted amicus curiae status for the case.

On July 22, 2016, the Department of Justice filed a motion to dismiss the suit, alleging a lack of subject-matter jurisdiction and failure to state a claim. A hearing on the motion was held on January 23, 2017.

Following the motion hearing, the Court granted in part and denied in part the Department of Justice' motion to dismiss the claim on February 8, 2017. The Court found the plaintiff had sufficiently made out a claim for an alleged injury as well as a likelihood for future injury under the First Amendment that satisfied the Court's standing inquiry. Additionally, the plaintiff succeeded in persuading the Court that their First Amendment Rights had been violated by the statute even under a lower standard of review than strict scrutiny because the indefinite nondisclosure orders would burden the plaintiff's First Amendment Rights. The plaintiffs also argued the statute as applied was a violation of their First Amendment Rights. The court denied the defendant's motion to dismiss the plaintiff's First Amendment claims. However, the Court concluded the Supreme Court and the Ninth Circuit had consistently held a plaintiff could not bring a third-party Fourth Amendment claim. Therefore, the plaintiff's Fourth Amendment claim on behalf of their customers was dismissed.

The parties set a trial date for June 4, 2018.

On October 24, 2017, the plaintiffs filed an unopposed motion to dismiss the case without prejudice, which the Court granted on October 25, 2017. The plaintiffs filed this motion in response to the Deputy Attorney General's binding policy update issued on October 19, 2017. The new policy addressed many of the concerns the plaintiffs had with the old policy and prohibited the use of indefinite orders. As such, the plaintiffs felt they were comfortable requesting the court dismiss their claim without prejudice.

This case is closed.

Summary Authors

Micah Telegen (1/22/2017)

Taylor Brook (3/21/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4411809/parties/microsoft-corporation-v-united-states-department-of-justice/


Judge(s)

Robart, James L. (Washington)

Attorneys(s) for Plaintiff

Berengaut, Alexander A. (District of Columbia)

Doran, Ambika K. (Washington)

Garland, James M (District of Columbia)

Goodloe, Katharine Reams (District of Columbia)

Handman, Laura R. (District of Columbia)

Howard, David M. (Washington)

Palmer, Jonathan (Washington)

Rummage, Stephen M. (Washington)

Smith, Bradford L. (Washington)

Judge(s)

Robart, James L. (Washington)

Attorneys(s) for Plaintiff

Berengaut, Alexander A. (District of Columbia)

Doran, Ambika K. (Washington)

Garland, James M (District of Columbia)

Goodloe, Katharine Reams (District of Columbia)

Handman, Laura R. (District of Columbia)

Howard, David M. (Washington)

Palmer, Jonathan (Washington)

Rummage, Stephen M. (Washington)

Smith, Bradford L. (Washington)

Attorneys(s) for Defendant

Brunner, Helen J. (Washington)

Coppolino, Anthony J. (District of Columbia)

Hayes, Annette L. (Washington)

Keefe, Kerry J. (Washington)

Kneedler, Jennie L. (District of Columbia)

Mizer, Benjamin C. (District of Columbia)

Soskin, Eric J. (District of Columbia)

Other Attorney(s)

Abdo, Alex (New York)

Balasubramani, Venkat (Washington)

Bennard, Kristina Silja (Washington)

Berlin, Hayley L. (District of Columbia)

Brown, Bruce D. (Virginia)

Chiang, Emily (Washington)

Crum, Travis M. (District of Columbia)

Freeburg, David Ian (Washington)

Gillett, Gabriel (New York)

Goldman, Jessica L. (Washington)

Katyal, Neal Kumar (District of Columbia)

Kerr, Orin S. (District of Columbia)

Loeb, Robert Mark (District of Columbia)

Manes, Johnathan (New York)

McBride, Ryan P. (Washington)

McCune, Philip S. (Washington)

Parris, Mark Steven (Washington)

Pincus, Andrew J. (District of Columbia)

Roller, Jeremy E. (Washington)

Scherzer, Aaron W. (New York)

Siekkinen, Nury (District of Columbia)

Sommer, Jacob A. (District of Columbia)

Southwell, Alexander H. (New York)

Sussmann, Michael A. (District of Columbia)

Sweren-Becker, Eliza (New York)

Williams, Todd T. (Washington)

Yanick, Miles Aaron (Washington)

Zwillinger, Marc J. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Microsoft v. US Department of Justice

Oct. 25, 2017 Docket
1

Complaint for Declaratory Judgment

Microsoft v. DOJ

April 4, 2016 Complaint
28

Amended Complaint for Declaratory Judgment

Microsoft v. DOJ

June 17, 2016 Complaint
38

Defendant's Motion to Dismiss

Microsoft v. DOJ

July 22, 2016 Pleading / Motion / Brief
46

Order on Motions to Intervene

Microsoft v. DOJ

2016 WL 4506808

Aug. 29, 2016 Order/Opinion
107

Order on Motion to Dismiss

233 F.Supp.3d 887

Feb. 8, 2017 Order/Opinion
117

Microsoft Corporation's Unopposed Motion for Voluntary Dismissal

Oct. 24, 2017 Pleading / Motion / Brief

Resources

Title Description External URL

Memorandum for Heads of Departmental Law Enforcement Components

Rod J. Rosenstein

Memo written by Rod Rosenstein providing guidance for DoJ attorneys and agents seeking protective orders under 18 U.S.C. 2705(b) of the Stored Communication act. Oct. 19, 2017 https://www.justice.gov/criminal-ccips/page/file/1005791/download

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4411809/microsoft-corporation-v-united-states-department-of-justice/

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

ECF Number Description Date Link
1

COMPLAINT for Declaratory Judgment against defendant(s) Loretta Lynch, United States Department of Justice (Receipt # 0981-4413056), filed by Microsoft Corporation. (Attachments: # 1 Civil Cover Sheet, # 2 Summons (DOJ), # 3 Summons (Loretta Lynch US AG))(Rummage, Stephen) (Entered: 04/14/2016)

1 Civil Cover Sheet

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2 Summons (DOJ)

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3 Summons (Loretta Lynch US AG)

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April 14, 2016 RECAP
2

CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Microsoft Corporation (Rummage, Stephen) (Entered: 04/14/2016)

April 14, 2016 RECAP

Judge James L. Robart added. (ST)

April 14, 2016 PACER
3

Summons electronically issued as to defendant(s) Loretta Lynch, United States Department of Justice. (Attachments: # 1 Summons)(ST) (Entered: 04/14/2016)

1 Summons

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April 14, 2016 RECAP

NOTICE TO FILER: Upon case opening, the filer is responsible for entering party text exactly as it appears on the complaint. For example, "in her official capacity as Attorney General of the United States" should have been added as party text for Loretta Lynch . If you have questions about party text, please refer to the Attorney's Guide to Opening a Civil Case on the court's website. The docket has now been corrected. Thank you. (ST)

April 14, 2016 PACER
4

APPLICATION OF ATTORNEY FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Microsoft Corporation (Fee Paid) Receipt No. 0981-4414730 (Doran, Ambika) (Entered: 04/15/2016)

April 15, 2016 RECAP
5

ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Laura R. Handman for Microsoft Corporation, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 04/15/2016)

April 15, 2016 PACER
6

APPLICATION OF ATTORNEY Alexander Adelman Berengaut FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Microsoft Corporation (Fee Paid) Receipt No. 0981-4414867 (Rummage, Stephen) Added PHV Applicant's Name on 4/15/2016 (DS). (Entered: 04/15/2016)

April 15, 2016 RECAP
7

APPLICATION OF ATTORNEY James McMackin Garland FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Microsoft Corporation (Fee Paid) Receipt No. 0981-4414880 (Rummage, Stephen) Added PHV Attorney's Name on 4/15/2016 (DS). (Entered: 04/15/2016)

April 15, 2016 RECAP
8

APPLICATION OF ATTORNEY Katharine Reams Goodloe FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Microsoft Corporation (Fee Paid) Receipt No. 0981-4414892 (Rummage, Stephen) Added PHV Applicant's Name on 4/15/2016 (DS). (Entered: 04/15/2016)

April 15, 2016 RECAP
9

ORDER re 6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Alexander Adelman Berengaut for Microsoft Corporation, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 04/15/2016)

April 15, 2016 PACER
10

ORDER re 7 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney James McMackin Garland for Microsoft Corporation, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 04/15/2016)

April 15, 2016 PACER
11

ORDER re 8 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Katharine Reams Goodloe for Microsoft Corporation, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 04/15/2016)

April 15, 2016 PACER
12

Emergency MOTION to Intervene for Declaratory Judgment Under "Bivens Claim" Violations by Interested Party Stephen P. Wallace. (AD) (Entered: 05/18/2016)

May 17, 2016 RECAP

Noting Date Set/Reset re 12 MOTION to Intervene : Noting Date 6/3/2016, (CC)

May 19, 2016 PACER
13

MOTION to Intervene Attorney Emily Chiang added to party American Civil Liberties Union(pty:intvp), Attorney Emily Chiang added to party American Civil Liberties Union Foundation(pty:intvp)by Intervenor Plaintiffs American Civil Liberties Union, American Civil Liberties Union Foundation. Oral Argument Requested. (Attachments: # 1 Exhibit Proposed Complaint in Intervention) Noting Date 6/24/2016, (Chiang, Emily) (Entered: 05/26/2016)

1 Exhibit Proposed Complaint in Intervention

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May 26, 2016 RECAP
14

APPLICATION OF ATTORNEY Alex Abdo FOR LEAVE TO APPEAR PRO HAC VICE for Intervenor Plaintiffs American Civil Liberties Union, American Civil Liberties Union Foundation (Fee Paid) Receipt No. 0981-4464713 (Chiang, Emily) (Entered: 05/26/2016)

May 26, 2016 PACER
15

APPLICATION OF ATTORNEY Eliza Sweren-Becker FOR LEAVE TO APPEAR PRO HAC VICE for Intervenor Plaintiffs American Civil Liberties Union, American Civil Liberties Union Foundation (Fee Paid) Receipt No. 0981-4464719 (Chiang, Emily) (Entered: 05/26/2016)

May 26, 2016 RECAP
16

ORDER re 14 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Alex Abdo for Intervenor-Plaintiffs American Civil Liberties Union and American Civil Liberties Union Foundation, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 05/26/2016)

May 26, 2016 PACER
17

ORDER re 15 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Eliza Sweren-Becker for Intervenor-plaintiffs American Civil Liberties Union and American Civil Liberties Union Foundation, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 05/26/2016)

May 26, 2016 PACER
18

MOTION for Extension of Time From the 6/3/2016 Hearing Set on 5/19/2016 to Secure Competent Counsel Under Pro Se Law by Interested Party Stephen P. Wallace. (AD) (Entered: 05/31/2016)

May 27, 2016 PACER
19

RESPONSE, by Plaintiff Microsoft Corporation, to 12 MOTION to Intervene. (Rummage, Stephen) (Entered: 05/31/2016)

May 31, 2016 PACER

The court GRANTS Stephen P. Wallace's motion for an extension 18 and DIRECTS the Clerk to re-note Mr. Wallace's motion to intervene 12 for June 24, 2016. Mr. Wallace's reply memorandum in support of his motion to intervene is due by June 24, 2016. (docket entry mailed to Stephen P. Wallace) (CC)

June 1, 2016 PACER
21

OBJECTION to plaintiff's counsel by Interested Party Stephen P. Wallace. (AD) (Entered: 06/03/2016)

June 2, 2016 PACER
20

NOTICE of Appearance by attorney Eric Soskin on behalf of Defendants Loretta Lynch, United States Department of Justice. (Soskin, Eric) (Entered: 06/03/2016)

June 3, 2016 PACER
22

NOTICE of Appearance by attorney Jennie L. Kneedler on behalf of Defendants Loretta Lynch, United States Department of Justice. (Kneedler, Jennie) (Entered: 06/03/2016)

June 3, 2016 PACER
23

AFFIDAVIT of Mailing of Summons and Complaint to Department of Justice and Loretta Lynch on 4/15/2016, filed by Plaintiff Microsoft Corporation. (Rummage, Stephen) (Entered: 06/06/2016)

June 6, 2016 PACER
24

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 7/13/2016, FRCP 26f Conference Deadline is 6/22/2016, Initial Disclosure Deadline is 7/6/2016, by Judge James L. Robart. (CC) (Entered: 06/08/2016)

June 8, 2016 PACER
25

STIPULATION AND PROPOSED ORDER for Amended Complaint and Briefing Schedule on Motion to Dismiss by parties (Rummage, Stephen) (Entered: 06/13/2016)

June 13, 2016 PACER
26

STIPULATION AND ORDER FOR AMENDED COMPLAINT AND BRIEFING SCHEDULE ON MOTION TO DISMISS by Judge James L. Robart. (AD) Modified on 6/14/2016 cc Stephen Wallace (AD). (Entered: 06/14/2016)

June 14, 2016 RECAP
27

Stipulated MOTION and Order for Response to Motion to Intervene and Reply Thereto by Defendants Loretta Lynch, United States Department of Justice. Noting Date 6/17/2016, (Kneedler, Jennie) (Entered: 06/17/2016)

June 17, 2016 PACER
28

AMENDED COMPLAINT for Declaratory Judgment against defendant(s) United States Department of Justice, Loretta Lynch, filed by Microsoft Corporation.(Rummage, Stephen) (Entered: 06/17/2016)

June 17, 2016 RECAP
29

ORDER by Judge James L. Robart granting 27 Stipulated Motion for Response to Motion to Intervene and Reply Thereto. ACLU's 13 MOTION to Intervene is re-noted to 7/8/2016. (AD) Modified on 6/20/2016 cc Stephen Wallace (AD). (Entered: 06/20/2016)

June 20, 2016 PACER
30

STIPULATION AND PROPOSED ORDER Regarding Rule 26(f) Conference and Joint Status Report by parties (Rummage, Stephen) (Entered: 06/22/2016)

June 22, 2016 PACER
31

STIPULATION AND ORDER REGARDING RULE 26(f) CONFERENCE AND JOINT STATUS REPORT by Judge James L. Robart. The Court VACATES the deadlines set forth in the Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement (Dkt. 24 ). The Court further ORDERS that the parties shall adhere to the revised deadlines set forth in the Order. (AD) Modified on 6/23/2016 cc Stephen P Wallace (AD). (Entered: 06/23/2016)

June 23, 2016 PACER
32

Supplemental/Amended MEMORANDUM in Support of 12 Emergency Motion to Intervene filed by Interested Party Stephen P. Wallace (Attachments: # 1 Attachments) (AD) (Entered: 06/23/2016)

1 Attachments

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June 23, 2016 PACER
33

RESPONSE, by Defendants Loretta Lynch, United States Department of Justice, to 13 MOTION to Intervene Attorney Emily Chiang added to party American Civil Liberties Union(pty:intvp), Attorney Emily Chiang added to party American Civil Liberties Union Foundation(pty:intvp). (Soskin, Eric) (Entered: 06/29/2016)

June 29, 2016 RECAP
34

RESPONSE, by Plaintiff Microsoft Corporation, to 13 MOTION to Intervene Attorney Emily Chiang added to party American Civil Liberties Union(pty:intvp), Attorney Emily Chiang added to party American Civil Liberties Union Foundation(pty:intvp). (Rummage, Stephen) (Entered: 06/29/2016)

June 29, 2016 PACER
35

CERTIFICATE OF SERVICE by Defendants Loretta Lynch, United States Department of Justice re 33 Response to Motion, (Soskin, Eric) (Entered: 06/29/2016)

June 29, 2016 PACER
36

NOTICE of Spoliation of Evidence in Victim's Supplemental Memorandum filed by Interested Party Stephen P. Wallace. (AD) (Entered: 06/30/2016)

June 29, 2016 PACER
37

REPLY, filed by Intervenor Plaintiffs American Civil Liberties Union, American Civil Liberties Union Foundation, TO RESPONSE to 13 MOTION to Intervene Attorney Emily Chiang added to party American Civil Liberties Union(pty:intvp), Attorney Emily Chiang added to party American Civil Liberties Union Foundation(pty:intvp) (Abdo, Alex) (Entered: 07/08/2016)

July 8, 2016 RECAP
38

MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by Defendants Loretta Lynch, United States Department of Justice. Oral Argument Requested. Noting Date 9/23/2016, (Soskin, Eric) (Entered: 07/22/2016)

July 22, 2016 RECAP
39

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Eliza Sweren-Becker for Intervenor Plaintiffs American Civil Liberties Union, American Civil Liberties Union Foundation. (Sweren-Becker, Eliza) (Entered: 08/10/2016)

Aug. 10, 2016 PACER
40

The court hereby orders that the page limit for all motions or briefs filed by amici in this matter shall be half that of the page limits for the corresponding motion or brief filed by a party. See Local Rules W.D. Wash. LCR 7(e). (CC) (Entered: 08/15/2016)

Aug. 15, 2016 PACER
41

STIPULATION AND PROPOSED ORDER Regarding Amicus Curiae Briefing by parties (Rummage, Stephen) (Entered: 08/18/2016)

Aug. 18, 2016 RECAP
42

ORDER by Judge James L. Robart denying 41 Stipulation and Proposed Order Regarding Amicus Curiae Briefing. Any party seeking to file an amicus curiae brief related to Defendants' pending motion to dismiss should seek leave of the court to do so no later than 9/2/2016, pursuant to the court's 6/14/2016, order. (AD) Modified on 8/23/2016 cc Stephen Wallace (AD). (Entered: 08/23/2016)

Aug. 23, 2016 RECAP
43

RESPONSE, by Intervenor Plaintiffs American Civil Liberties Union, American Civil Liberties Union Foundation, to 38 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Oral Argument Requested. (Abdo, Alex) (Entered: 08/26/2016)

Aug. 26, 2016 RECAP
44

RESPONSE, by Plaintiff Microsoft Corporation, to 38 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Oral Argument Requested. (Rummage, Stephen) (Entered: 08/26/2016)

Aug. 26, 2016 RECAP
45

DECLARATION of Ambika K. Doran in Opp to Government's Motion to Dismiss filed by Plaintiff Microsoft Corporation re 38 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) (Rummage, Stephen) (Entered: 08/26/2016)

Aug. 26, 2016 PACER
47

NOTICE re filing criminal charges against additional predicate/predator actors filed by Non-Party Stephen P. Wallace. (Note: received by Case Admins for docketing on 8/31/2016) (AD) (Entered: 09/01/2016)

Aug. 26, 2016 PACER
46

ORDER ON MOTIONS TO INTERVENE by Judge James L. Robart. The court DENIES the motions to intervene (Dkt. ## 12, 13 ) and GRANTS the ACLU amicus curiae status (Dkt. # 43 ). (AD) cc: Stephen Wallace (Entered: 08/29/2016)

Aug. 29, 2016 RECAP

At the direction of Judge James L. Robart, Stephen P. Wallace's additional filing (Dkt. # 47 ) is stricken from the docket as unrelated to the matters at issue in Microsoft Corporation v. United States Department of Justice, et al., No. C16-0538JLR. (AD) cc: Stephen Wallace

Sept. 2, 2016 PACER
48

Stipulated MOTION for Leave to File Amicus Brief of Former Law Enforcement Officials in Support of Microsoft's Opposition to Motion to Dismiss by Amicus Former Law Enforcement Officials. (Attachments: # 1 LEO Amicus Brief, # 2 Proposed Order) Noting Date 9/2/2016, (Bennard, Kristina) (Entered: 09/02/2016)

1 LEO Amicus Brief

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2 Proposed Order

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Sept. 2, 2016 PACER
49

Unopposed MOTION for Leave to File Brief in Support of Plaintiff's Opposition to Defendants' Motion to Dismiss by Amicus Law Professors. (Attachments: # 1 Exhibit Ex. A - Proposed Brief, # 2 Exhibit Ex. B - Proposed Order, # 3 Exhibit Ex. C - Appendix Difficult to Find Authorities) Noting Date 9/2/2016, (Freeburg, David) (Entered: 09/02/2016)

1 Exhibit Ex. A - Proposed Brief

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2 Exhibit Ex. B - Proposed Order

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3 Exhibit Ex. C - Appendix Difficult to Find Authorities

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Sept. 2, 2016 PACER
50

APPLICATION OF ATTORNEY Gabriel K. Gillett FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Law Professors (Fee Paid) Receipt No. 0981-4588093 (Freeburg, David) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
51

APPLICATION OF ATTORNEY Johnathan Manes FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Law Professors (Fee Paid) Receipt No. 0981-4588139 (Freeburg, David) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
52

APPLICATION OF ATTORNEY Alexander H. Southwell FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Law Professors (Fee Paid) Receipt No. 0981-4588157 (Freeburg, David) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
53

ORDER re 50 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Gabriel Gillett for Amicus Law Professors, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
54

ORDER re 51 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Johnathan Manes for Amicus Law Professors, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
55

ORDER re 52 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Alexander H. Southwell for Amicus Law Professors, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
56

MOTION for Leave to File Brief by Amicus Parties Reporters Committee for Freedom of the Press, The Seattle Times Company, The Associated Press, Fox News Network, LLC, National Public Radio, Inc., Washington Post, Association of Alternative Newsmedia, American Society of News Editors, Association of American Publishers, Inc., First Amendment Coalition, First Look Media Works, Inc., International Documentary Association, Investigative Reporting Workshop at American University, The McClatchy Company, The Media Institute, National Association of Black Journalists, The National Press Club, National Press Photographers Association, Newspaper Association of America, Reporters Without Borders, Tully Center for Free Speech, Freedom of the Press Foundation, California Newspaper Publishers Association, The Center for Investigative Reporting, Online News Association, Radio Television Digital News Association, The E.W. Scripps Company, Investigative Reporters and Editors, MPA- The Association of Magazine Media, Society of Professional Journalists. (Attachments: # 1 Exhibit Brief of Amici Curiae, # 2 Proposed Order) Noting Date 9/2/2016, (Parris, Mark) (Entered: 09/02/2016)

1 Exhibit Brief of Amici Curiae

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2 Proposed Order

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Sept. 2, 2016 RECAP
57

Unopposed MOTION for Leave to File Amici Curiae Brief by Amicus Parties the Chamber of Commerce of the United States of America, the Center for Democracy and Technology, the National Association of Manufacturers, Alaska Airlines, Inc., Archive360, Inc., AvePoint, BP America Inc., Delta Airlines, Inc., Eli Lilly and Company, Getty Images (US), Inc., Glaxosmithkline LLC, H5, the Information Coalition, Onsupport, Wipfli LLC. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Proposed Order) Noting Date 9/2/2016, (McBride, Ryan) (Entered: 09/02/2016)

1 Exhibit Proposed Amicus Brief

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2 Proposed Order

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Sept. 2, 2016 RECAP
58

MOTION for Leave to File BRIEF OF AMICI CURIAE IN SUPPORT OF PLAINTIFFS OPPOSITION TO GOVERNMENTS MOTION TO DISMISS by Amicus Parties Electronic Frontier Foundation, Access Now, New America's Open Technology Institute, Jennifer Granick. (Attachments: # 1 Proposed Order, # 2 Brief) Noting Date 9/23/2016, (Balasubramani, Venkat) (Entered: 09/02/2016)

1 Proposed Order

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2 Brief

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Sept. 2, 2016 PACER
59

APPLICATION OF ATTORNEY Andrew J. Pincus FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Parties American Civil Liberties Union Foundation, Archive360, Inc., AvePoint, BP America Inc., Delta Airlines, Inc., Getty Images (US), Inc., Glaxosmithkline LLC, H5, Onsupport, Wipfli LLC, the Center for Democracy and Technology, the Chamber of Commerce of the United States of America, the Information Coalition, the National Association of Manufacturers (Fee Paid) Receipt No. 0981-4588560 (McBride, Ryan) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
60

APPLICATION OF ATTORNEY Travis Crum FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Parties Alaska Airlines, Inc., Archive360, Inc., AvePoint, BP America Inc., Delta Airlines, Inc., Getty Images (US), Inc., Glaxosmithkline LLC, H5, Onsupport, Wipfli LLC, the Center for Democracy and Technology, the Chamber of Commerce of the United States of America, the Information Coalition, the National Association of Manufacturers (Fee Paid) Receipt No. 0981-4588616 (McBride, Ryan) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
61

MOTION for Leave To Participate as Amici Curiae by Amicus Parties Amazon.com, Inc., Box, Inc., Cisco Systems, Inc., Dropbox, Inc., Evernote Corporation, Google Inc., LinkedIn Corporation, Pinterest, Inc., salesforce.com, inc., Snapchat, Inc., Yahoo! Inc.. (Attachments: # 1 Proposed Brief, # 2 Proposed Order) Noting Date 9/2/2016, (Katyal, Neal) (Entered: 09/02/2016)

1 Proposed Brief

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2 Proposed Order

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Sept. 2, 2016 RECAP
62

NOTICE of Appearance by attorney Neal Kumar Katyal on behalf of Amicus Parties Amazon.com, Inc., Box, Inc., Cisco Systems, Inc., Dropbox, Inc., Evernote Corporation, Google Inc., LinkedIn Corporation, Pinterest, Inc., Snapchat, Inc., Yahoo! Inc., salesforce.com, inc.. (Katyal, Neal) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
63

APPLICATION OF ATTORNEY Jacob Sommer FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Amicus Apple Inc., Lithium Technologies, Mozilla and Twilio Inc. (Fee Paid) Receipt No. 0981-4588806 (Yanick, Miles) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
64

APPLICATION OF ATTORNEY Marc Zwillinger FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Amicus Apple Inc., Lithium Technologies, Mozilla and Twilio Inc. (Fee Paid) Receipt No. 0981-4588824 (Yanick, Miles) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
65

APPLICATION OF ATTORNEY Nury Siekkinen FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Amicus Apple Inc., Lithium Technologies, Mozilla and Twilio Inc. (Fee Paid) Receipt No. 0981-4588831 (Yanick, Miles) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
66

MOTION for Leave to File Brief as Amici Curiae by Amicus Apple Inc., Lithium Technologies, Mozilla and Twilio Inc.. (Attachments: # 1 Exhibit A, # 2 Proposed Order) Noting Date 9/2/2016, (Yanick, Miles) (Entered: 09/02/2016)

1 Exhibit A

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2 Proposed Order

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Sept. 2, 2016 PACER
67

CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Amicus Apple Inc., Lithium Technologies, Mozilla and Twilio Inc. (Yanick, Miles) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
68

CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Amicus Apple Inc., Lithium Technologies, Mozilla and Twilio Inc. (Yanick, Miles) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
69

CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Amicus Apple Inc., Lithium Technologies, Mozilla and Twilio Inc. (Yanick, Miles) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
70

CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Amicus Apple Inc., Lithium Technologies, Mozilla and Twilio Inc. (Yanick, Miles) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
71

Stipulated MOTION for Leave to File Brief Amicus Curiae in Support of Microsoft Corporation's Opposition to Defendant's Motion to Dismiss by Amicus Twitter, Inc.. (Attachments: # 1 Exhibit Brief of Amicus Curiae, # 2 Proposed Order) Noting Date 9/2/2016, (Berlin, Hayley) (Entered: 09/02/2016)

1 Exhibit Brief of Amicus Curiae

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2 Proposed Order

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Sept. 2, 2016 PACER
72

NOTICE of Appearance by attorney Hayley Berlin on behalf of Amicus Twitter, Inc.. (Berlin, Hayley) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
73

APPLICATION OF ATTORNEY Michael A. Sussmann FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Twitter, Inc. (Fee Paid) Receipt No. 0981-4588871 (Berlin, Hayley) (Entered: 09/02/2016)

Sept. 2, 2016 RECAP
74

APPLICATION OF ATTORNEY Orin S. Kerr FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Twitter, Inc. (Fee Paid) Receipt No. 0981-4588874 (Berlin, Hayley) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
75

CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Twitter, Inc. (Berlin, Hayley) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
76

NOTICE of Appearance by attorney Miles Aaron Yanick on behalf of Amicus Amicus Apple Inc., Lithium Technologies, Mozilla and Twilio Inc.. (Yanick, Miles) (Entered: 09/02/2016)

Sept. 2, 2016 PACER
77

ORDER re 63 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jacob Sommer for Amicus Apple Inc., Lithium Technologies, Mozilla and Twilio Inc., by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
78

ORDER re 64 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Marc Zwillinger for Amicus Apple Inc., Lithium Technologies, Mozilla and Twilio Inc., by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
79

ORDER re 65 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Nury Siekkinen for Amicus Apple Inc., Lithium Technologies, Mozilla and Twilio Inc., by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
80

ORDER re 73 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Michael Sussmann for Twitter, Inc., by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
81

ORDER re 74 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Orin S. Kerr for Twitter, Inc., by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 09/06/2016)

Sept. 6, 2016 PACER

Attorney Ryan P McBride added for Amici Curiae Alaska Airlines, Inc., Archive360, Inc., AvePoint, BP America Inc., Delta Airlines, Inc., Eli Lilly and Company, Getty Images (US), Inc., Glaxosmithkline LLC, H5, Onsupport, Wipfli LLC, the Center for Democracy and Technology, the Chamber of Commerce of the United States of America, the Information Coalition, and the National Association of Manufacturers per 57 Unopposed MOTION for Leave to File Amici Curiae Brief. (AD)

Sept. 6, 2016 PACER

Attorney Venkat Balasubramani added for Amici Curiae Access Now, Electronic Frontier Foundation, Jennifer Granick, New America's Open Technology Institute per 58 MOTION for Leave to File BRIEF OF AMICI CURIAE IN SUPPORT OF PLAINTIFFS OPPOSITION TO GOVERNMENTS MOTION TO DISMISS. (AD)

Sept. 6, 2016 PACER

Amici Curiae Apple, Inc., Lithium Technologies, Mozilla, and Twilio Inc. added as separate parties. Amicus Curiae "Amicus Apple Inc., Lithium Technologies, Mozilla and Twilio Inc." terminated. Counsel incorrectly added parties as a single party, rather than separate parties. (AD)

Sept. 6, 2016 PACER
82

APPLICATION OF ATTORNEY Aaron W. Scherzer FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Parties American Society of News Editors, Association of Alternative Newsmedia, California Newspaper Publishers Association, First Amendment Coalition, First Look Media Works, Inc., Freedom of the Press Foundation, International Documentary Association, Investigative Reporters and Editors, Investigative Reporting Workshop at American University, MPA- The Association of Magazine Media, National Association of Black Journalists, National Press Photographers Association, National Public Radio, Inc., Newspaper Association of America, Online News Association, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Reporters Without Borders, Society of Professional Journalists, The Center for Investigative Reporting, The E.W. Scripps Company, The McClatchy Company, The Media Institute, The National Press Club, The Seattle Times Company, Tully Center for Free Speech, Washington Post (Fee Paid) Receipt No. 0981-4590084 (Parris, Mark) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
83

APPLICATION OF ATTORNEY Robert M. Loeb FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Parties American Society of News Editors, Association of Alternative Newsmedia, California Newspaper Publishers Association, First Amendment Coalition, First Look Media Works, Inc., Freedom of the Press Foundation, International Documentary Association, Investigative Reporters and Editors, Investigative Reporting Workshop at American University, MPA- The Association of Magazine Media, National Association of Black Journalists, National Press Photographers Association, National Public Radio, Inc., Newspaper Association of America, Online News Association, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Reporters Without Borders, Society of Professional Journalists, The Center for Investigative Reporting, The E.W. Scripps Company, The McClatchy Company, The Media Institute, The National Press Club, The Seattle Times Company, Tully Center for Free Speech, Washington Post (Fee Paid) Receipt No. 0981-4590110 (Parris, Mark) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
84

ORDER re 59 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Andrew J. Pincus for Amicus Parties American Civil Liberties Union Foundation, Archive360, Inc., AvePoint, BP America Inc., Delta Airlines, Inc., Getty Images (US), Inc., Glaxosmithkline LLC, H5, Onsupport, Wipfli LLC, the Center for Democracy and Technology, the Chamber of Commerce of the United States of America, the Information Coalition, the National Association of Manufacturers by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
85

ORDER re 60 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Travis Crum Amicus Parties Alaska Airlines, Inc., Archive360, Inc., AvePoint, BP America Inc., Delta Airlines, Inc., Getty Images (US), Inc., Glaxosmithkline LLC, H5, Onsupport, Wipfli LLC, the Center for Democracy and Technology, the Chamber of Commerce of the United States of America, the Information Coalition, the National Association of Manufacturers by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
86

APPLICATION OF ATTORNEY Bruce Brown FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Parties American Society of News Editors, Association of Alternative Newsmedia, Association of American Publishers, Inc., California Newspaper Publishers Association, First Amendment Coalition, First Look Media Works, Inc., Fox News Network, LLC, Freedom of the Press Foundation, International Documentary Association, Investigative Reporters and Editors, Investigative Reporting Workshop at American University, MPA- The Association of Magazine Media, National Association of Black Journalists, National Press Photographers Association, National Public Radio, Inc., Newspaper Association of America, Online News Association, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Reporters Without Borders, Society of Professional Journalists, The Associated Press, The Center for Investigative Reporting, The E.W. Scripps Company, The McClatchy Company, The Media Institute, The National Press Club, The Seattle Times Company, Tully Center for Free Speech, Washington Post (Fee Paid) Receipt No. 0981-4590167 (McCune, Philip) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
87

ORDER re 82 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Aaron W Scherzer Amicus Parties American Society of News Editors, Association of Alternative Newsmedia, California Newspaper Publishers Association, First Amendment Coalition, First Look Media Works, Inc., Freedom of the Press Foundation, International Documentary Association, Investigative Reporters and Editors, Investigative Reporting Workshop at American University, MPA- The Association of Magazine Media, National Association of Black Journalists, National Press Photographers Association, National Public Radio, Inc., Newspaper Association of America, Online News Association, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Reporters Without Borders, Society of Professional Journalists, The Center for Investigative Reporting, The E.W. Scripps Company, The McClatchy Company, The Media Institute, The National Press Club, The Seattle Times Company, Tully Center for Free Speech, Washington Post by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
88

ORDER re 83 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Robert M Loeb for Amicus Parties American Society of News Editors, Association of Alternative Newsmedia, California Newspaper Publishers Association, First Amendment Coalition, First Look Media Works, Inc., Freedom of the Press Foundation, International Documentary Association, Investigative Reporters and Editors, Investigative Reporting Workshop at American University, MPA- The Association of Magazine Media, National Association of Black Journalists, National Press Photographers Association, National Public Radio, Inc., Newspaper Association of America, Online News Association, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Reporters Without Borders, Society of Professional Journalists, The Center for Investigative Reporting, The E.W. Scripps Company, The McClatchy Company, The Media Institute, The National Press Club, The Seattle Times Company, Tully Center for Free Speech, Washington Post by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
89

ORDER re 86 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Bruce Brown Amicus Parties American Society of News Editors, Association of Alternative Newsmedia, Association of American Publishers, Inc., California Newspaper Publishers Association, First Amendment Coalition, First Look Media Works, Inc., Fox News Network, LLC, Freedom of the Press Foundation, International Documentary Association, Investigative Reporters and Editors, Investigative Reporting Workshop at American University, MPA- The Association of Magazine Media, National Association of Black Journalists, National Press Photographers Association, National Public Radio, Inc., Newspaper Association of America, Online News Association, Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Reporters Without Borders, Society of Professional Journalists, The Associated Press, The Center for Investigative Reporting, The E.W. Scripps Company, The McClatchy Company, The Media Institute, The National Press Club, The Seattle Times Company, Tully Center for Free Speech, Washington Post by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 09/06/2016)

Sept. 6, 2016 PACER
90

ORDER GRANTING MOTIONS TO FILE AMICUS CURIAE BRIEFING by Judge James L. Robart. The court GRANTS the motions to file the proposed briefs as amici curiae (Dkt. ## 48, 49, 56, 57, 58, 61, 66, 71 ) and GRANTS Movants amici curiae status. The court further DIRECTS the Clerk to accept for filing the amici curiae briefs as of the date of this order (Dkt. ## 48, 49, 56, 57, 58, 61, 66, 71 ). (AD) (Entered: 09/07/2016)

Sept. 6, 2016 RECAP
91

EMERGENCY MOTIONS to vacate 8/29/16 Order 46 ; to bifurcate and for recusal by Interested Party Stephen P. Wallace. Noting Date 9/15/2016, (RS) (Additional attachment(s) added on 9/15/2016: # 1 Exhibit) (RS). (Entered: 09/15/2016)

1 Exhibit

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Sept. 15, 2016 RECAP
92

REPLY, filed by Defendants Loretta Lynch, United States Department of Justice, TO RESPONSE to 38 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) (Attachments: # 1 Exhibit)(Soskin, Eric) (Entered: 09/23/2016)

1 Exhibit

View on PACER

Sept. 23, 2016 RECAP

State / Territory: Washington

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: April 14, 2016

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Microsoft, Inc.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Confidentiality

Other

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