Case: Valdez v. National Security Agency

2:15-cv-00584 | U.S. District Court for the District of Utah

Filed Date: Aug. 8, 2015

Closed Date: Sept. 27, 2018

Clearinghouse coding complete

Case Summary

On August 8, 2015, six U.S. citizens who had their email, text message, and telephone call metadata collected by the government during the 2002 Winter Olympic Games in Salt Lake City, Utah, filed suit against the National Security Agency ("NSA") and the Federal Bureau of Investigation ("FBI"). The plaintiffs challenged the legality of the domestic surveillance program and sought declaratory and injunctive relief, as well as statutory, actual, and punitive damages. The plaintiffs brought suit in…

On August 8, 2015, six U.S. citizens who had their email, text message, and telephone call metadata collected by the government during the 2002 Winter Olympic Games in Salt Lake City, Utah, filed suit against the National Security Agency ("NSA") and the Federal Bureau of Investigation ("FBI"). The plaintiffs challenged the legality of the domestic surveillance program and sought declaratory and injunctive relief, as well as statutory, actual, and punitive damages. The plaintiffs brought suit in the U.S. District Court for the district of Utah under the Administrative Procedure Act ("APA"), the Foreign Intelligence Surveillance Act ("FISA"), the Wiretap Act, the Stored Communications, and the Privacy Act. They alleged violations of these acts and of the 4th Amendment of the U.S. Constitution and of Article I, § 14 of the Utah Constitution. The plaintiffs were represented by private counsel.

In October of 2001, then President George W. Bush authorized the NSA, in conjunction with the FBI, to intercept the international phone calls and international emails of people within the United States without a warrant. The operation, known as "the President's Surveillance Program," collected email, text message, and telephone call metadata, which was stored in a "security compartment" code-named "STELLARWIND."

Before and during the 2002 Winter Olympic Games, this surveillance was expanded in and around Salt Lake City and other Olympic venues. This expansion covered the metadata on every phone call made to and from individuals within the Salt Lake City area, as well as the content of every text message and email to and from those individuals. The plaintiffs were all living and working within the Salt Lack City area during this period, and frequently used the targeted communications methods.

The plaintiffs claimed this program of warrant-less surveillance was a violation of their rights under the First and Fourth Amendments, Article I, § 14 of the Utah Constitution, and several other Federal laws that govern government surveillance of individuals within the United States.

The government moved to dismiss the suit on December 18, 2015, claiming a lack of subject-matter jurisdiction. They argued that the plaintiffs, (1) failed to plausibly allege their standing, (2) had not otherwise alleged the existence of a live case or controversy to support their claim for equitable relief, (3) failed to plausibly allege their standing in regard to similar surveillance they alleged was continuing, (4) did not plausibly allege standing to seek monetary relief, and (5) made claims for monetary relief that were barred by sovereign immunity. The plaintiffs filed a response to the motion to dismiss on February 18, 2016.

The court denied the motion on January 10, 2017, finding the plaintiffs had established a plausible claim that they had suffered a redressable injury. The court held that it was not its role at this stage of the litigation to analyze the likelihood of the allegations being true. 228 F.Supp.3d 1271.

On September 27, 2018, the plaintiffs filed a motion to voluntarily dismiss (that is, withdraw) the case. In their motion, they reiterated their position that their rights were violated, but stated that because of the defendants' extensive use of the "state secrets doctrine," discovery had been fruitless. The plaintiffs decided that further litigation of the case would not be beneficial.

The same day, the court dismissed the action.

Summary Authors

Ian Williams (9/29/2016)

Virginia Weeks (3/25/2018)

Gregory Marsh (6/12/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4403007/parties/valdez-v-national-security-agency/


Judge(s)

Pead, Dustin B (Utah)

Shelby, Robert James (Utah)

Attorneys(s) for Plaintiff

Anderson, Ross C (Utah)

Attorneys(s) for Defendant

Bennett, Jared C (Utah)

Gilligan, James J (District of Columbia)

Heiman, Julia Alexandra (District of Columbia)

Patton, Rodney (District of Columbia)

Scott, Olivia Hussey (District of Columbia)

Whitman, James R. (District of Columbia)

Expert/Monitor/Master

Berman, Julia Alexandra (District of Columbia)

Judge(s)

Pead, Dustin B (Utah)

Shelby, Robert James (Utah)

Attorneys(s) for Plaintiff

Anderson, Ross C (Utah)

Attorneys(s) for Defendant

Bennett, Jared C (Utah)

Gilligan, James J (District of Columbia)

Heiman, Julia Alexandra (District of Columbia)

Patton, Rodney (District of Columbia)

Scott, Olivia Hussey (District of Columbia)

Whitman, James R. (District of Columbia)

Expert/Monitor/Master

Berman, Julia Alexandra (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 27, 2018 Docket
1

Complaint

Valdez v. National Security Agency

Aug. 18, 2015 Complaint
26

Amended Complaint

Feb. 10, 2016 Complaint
35

Memorandum Decision and Order

228 F.Supp.3d 1271, 2017 WL 87025

Jan. 10, 2017 Order/Opinion
57

Order

May 1, 2018 Order/Opinion
64

Order Dismissing Case

Sept. 27, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4403007/valdez-v-national-security-agency/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against David Addington, George W. Bush, Richard B. Cheney, Federal Bureau of Investigation, Michael V. Hayden, National Security Agency (Filing fee $ 400, receipt number 4681068434) (Electronic document provided on disc.), filed by Thomas Nelson Huckin, Howard Stephenson, Daniel Darger, William Grant Bagley, Mary Josephine Valdez, Deeda Seed. (Attachments: # 1 Civil Cover Sheet ) Assigned to Judge Robert J. Shelby (eat) (Entered: 08/18/2015)

1 Civil Cover Sheet 1

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Aug. 18, 2015 RECAP
2

DOCKET TEXT ORDER The court orders the parties to follow the Short Form Discovery Motion procedure as outlined in the attached document in this case for all discovery disputes arising after this date. Signed by Judge Robert J. Shelby on 8/21/2015. (mjm) (Entered: 08/21/2015)

Aug. 21, 2015 PACER
3

ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 8/24/2015. (jds) (Entered: 08/24/2015)

Aug. 24, 2015 PACER
4

**RESTRICTED DOCUMENT**Summons Issued Electronically as to David Addington. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (eat) (Entered: 09/28/2015)

Sept. 28, 2015 PACER
5

**RESTRICTED DOCUMENT**Summons Issued Electronically as to George W. Bush. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (eat) (Entered: 09/28/2015)

Sept. 28, 2015 PACER
6

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Richard B. Cheney. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (eat) (Entered: 09/28/2015)

Sept. 28, 2015 PACER
7

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Michael V. Hayden. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (eat) (Entered: 09/28/2015)

Sept. 28, 2015 PACER
8

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Federal Bureau of Investigation. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (eat) (Entered: 09/28/2015)

Sept. 28, 2015 PACER
9

**RESTRICTED DOCUMENT**Summons Issued Electronically as to National Security Agency. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (eat) (Entered: 09/28/2015)

Sept. 28, 2015 PACER
10

MOTION for Extension of Time to File Answer re 1 Complaint, and Memorandum in Support filed by Defendants Federal Bureau of Investigation, National Security Agency. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead. Attorney Jared C. Bennett added to party Federal Bureau of Investigation(pty:dft), Attorney Jared C. Bennett added to party National Security Agency(pty:dft)(Bennett, Jared) (Entered: 11/18/2015)

1 Text of Proposed Order

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Nov. 18, 2015 PACER
11

ORDER granting 10 Motion for Extension of Time to Answer re 1 Complaint. Answer deadline updated for Federal Bureau of Investigation and National Security Agency, answers due 12/18/2015. Signed by Judge Robert J. Shelby on 11/18/2015. (jds) (Entered: 11/18/2015)

Nov. 18, 2015 PACER
12

MOTION for Admission Pro Hac Vice of Rodney Patton (no registration fee required) filed by Defendants Federal Bureau of Investigation, National Security Agency. (Attachments: # 1 Exhibit A&B)(Bennett, Jared) (Entered: 11/25/2015)

1 Exhibit A&B

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Nov. 25, 2015 PACER
13

MOTION for Admission Pro Hac Vice of James J. Gilligan (no registration fee required) filed by Defendants Federal Bureau of Investigation, National Security Agency. (Attachments: # 1 Exhibit A & B)(Bennett, Jared) (Entered: 11/25/2015)

1 Exhibit A & B

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Nov. 25, 2015 PACER
14

MOTION for Admission Pro Hac Vice of Caroline Anderson (no registration fee required) filed by Defendants Federal Bureau of Investigation, National Security Agency. (Attachments: # 1 Exhibit A & B)(Bennett, Jared) (Entered: 11/25/2015)

1 Exhibit A & B

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Nov. 25, 2015 PACER
15

MOTION for Admission Pro Hac Vice of Julia Berman (no registration fee required) filed by Defendants Federal Bureau of Investigation, National Security Agency. (Attachments: # 1 Exhibit A&B)(Bennett, Jared) (Entered: 11/25/2015)

1 Exhibit A&B

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Nov. 25, 2015 PACER
16

ORDER granting 12, 13, 14, and 15 Motion for Admission Pro Hac Vice of Caroline J. Anderson,Julia Berman,James Jordan Gilligan,Rodney Patton for Federal Bureau of Investigation and National Security Agency. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Robert J. Shelby on 11/30/2015. (jds) (Entered: 11/30/2015)

Nov. 30, 2015 PACER
17

MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Federal Bureau of Investigation, National Security Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Patton, Rodney) (Entered: 12/18/2015)

1 Exhibit A

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2 Exhibit B

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Dec. 18, 2015 RECAP
18

MOTION for Admission Pro Hac Vice of James R. Whitman (no registration fee required) filed by Defendants David Addington, George W. Bush, Richard B. Cheney, Michael V. Hayden. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A&B) Attorney Jared C. Bennett added to party David Addington(pty:dft), Attorney Jared C. Bennett added to party George W. Bush(pty:dft), Attorney Jared C. Bennett added to party Richard B. Cheney(pty:dft), Attorney Jared C. Bennett added to party Michael V. Hayden(pty:dft)(Bennett, Jared) (Entered: 12/28/2015)

1 Text of Proposed Order

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2 Exhibit A&B

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Dec. 28, 2015 PACER
19

ORDER granting 18 Motion for Admission Pro Hac Vice of James R. Whitman for David Addington,James R. Whitman for George W. Bush,James R. Whitman for Richard B. Cheney,James R. Whitman for Michael V. Hayden. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Robert J. Shelby on 12/29/2015. (jds) (Entered: 12/29/2015)

Dec. 29, 2015 PACER
20

MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiffs William Grant Bagley, Daniel Darger, Thomas Nelson Huckin, Deeda Seed, Howard Stephenson, Mary Josephine Valdez. (Attachments: # 1 Text of Proposed Order ORDER) Motions referred to Dustin B. Pead.(Anderson, Ross) (Entered: 01/05/2016)

1 Text of Proposed Order ORDER

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Jan. 5, 2016 PACER
21

STIPULATION re 20 MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support by William Grant Bagley, Daniel Darger, Thomas Nelson Huckin, Deeda Seed, Howard Stephenson, Mary Josephine Valdez. (Anderson, Ross) (Entered: 01/06/2016)

Jan. 6, 2016 PACER
22

ORDER granting 20 Motion for Extension of Time to File Response/Reply re 17 MOTION to Dismiss for Lack of Jurisdiction; Responses due by 2/19/2016. Signed by Magistrate Judge Dustin B. Pead on 1/6/2016. (jds) (Entered: 01/06/2016)

Jan. 6, 2016 PACER
23

Stipulated MOTION to stay individual-capacity claims by David Addington, George W. Bush, Richard B. Cheney, Michael V. Hayden. (Attachments: # 1 Text of Proposed Order)(Whitman, James) Modified event type on 1/7/2016 (jds). (Entered: 01/07/2016)

1 Text of Proposed Order

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Jan. 7, 2016 PACER
24

ORDER granting 23 Motion to Stay for sixty (60) days after the court resolves the pending motion to dismiss filed by the Government Defendants. Signed by Judge Robert J. Shelby on 1/11/2016. (jds) (Entered: 01/11/2016)

Jan. 11, 2016 PACER
25

Stipulated MOTION for Leave to File Excess Pages and Defendants' Consent to Plaintiffs' Amendment of the Complaint and Stipulation Regarding Defendants' Reply Memorandum in Support of Motion to Dismiss filed by Plaintiffs William Grant Bagley, Daniel Darger, Thomas Nelson Huckin, Deeda Seed, Howard Stephenson, Mary Josephine Valdez. (Attachments: # 1 Text of Proposed Order Regarding Plaintiffs' Amended Complaint and Defendants' Reply Memorandum in Support of Motion to Dismiss) Motions referred to Dustin B. Pead.(Anderson, Ross) (Entered: 02/10/2016)

1 Text of Proposed Order Regarding Plaintiffs' Amended Complaint and Defendan

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Feb. 10, 2016 PACER
26

AMENDED COMPLAINT for Constitutional, Common Law, and Statutory Violations, Seeking Damages, Declaratory, and Injunctive Relief against All Defendants with Jury Demand., filed by Thomas Nelson Huckin, Howard Stephenson, Daniel Darger, William Grant Bagley, Mary Josephine Valdez, Deeda Seed. (Anderson, Ross) (Entered: 02/10/2016)

Feb. 10, 2016 RECAP
27

ORDER re 26 AMENDED COMPLAINT and granting 25 Motion for Leave to File Excess Pages for its Reply Memorandum in Support of the Motion to Dismiss. Signed by Magistrate Judge Dustin B. Pead on 2/12/2016. (jds) (Entered: 02/12/2016)

Feb. 12, 2016 PACER
28

Plaintiff's MEMORANDUM in Opposition re 17 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiffs William Grant Bagley, Daniel Darger, Thomas Nelson Huckin, Deeda Seed, Howard Stephenson, Mary Josephine Valdez. (Attachments: # 1 Supplement Memorandum for the Heads of Executive Departments and Agencies Re: Freedom of Information Act, # 2 Supplement Memorandum for Heads of Departments and Agencies Re: President's Memorandum on Transparency and Open Government - Interagency Collaboration)(Anderson, Ross) (Entered: 02/18/2016)

1 Supplement Memorandum for the Heads of Executive Departments and Agencies Re: Fr

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2 Supplement Memorandum for Heads of Departments and Agencies Re: President's

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Feb. 18, 2016 RECAP
29

NOTICE OF HEARING ON MOTION re: 17 MOTION to Dismiss for Lack of Jurisdiction : (Notice generated by Mary Jane McNamee) Motion Hearing set for 5/5/2016 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm) (Entered: 02/25/2016)

Feb. 25, 2016 PACER
30

Consent MOTION for Extension of Time to File Response/Reply in Support of Motion to Dismiss filed by Defendant National Security Agency. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Patton, Rodney) (Entered: 03/10/2016)

1 Text of Proposed Order

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March 10, 2016 PACER
31

DOCKET TEXT ORDER granting 30 Motion for Extension of Time to File Response/Reply re 17 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support. Defendant's Reply is due by 3/15/2016. Signed by Magistrate Judge Dustin B. Pead on 3/11/2016. No attached document. (jag) (Entered: 03/11/2016)

March 11, 2016 PACER
32

REPLY to Response to Motion re 17 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support of Motion to Dismiss filed by Defendant National Security Agency. (Patton, Rodney) (Entered: 03/15/2016)

March 15, 2016 PACER
33

AMENDED NOTICE OF HEARING ON MOTION re: 17 MOTION to Dismiss for Lack of Jurisdiction : (Notice generated by Mary Jane McNamee) Motion Hearing RESET for 7/14/2016 at 1:30 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm) (Entered: 04/04/2016)

April 4, 2016 PACER
34

Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 7/14/2016, re: 17 MOTION to Dismiss for Lack of Jurisdiction filed by National Security Agency, Federal Bureau of Investigation. The court hears oral argument and takes the matter under advisement. An order will be issued by the court. Attorney for Plaintiff: Ross Anderson; Attorney for Defendant: James Gilligan, Caroline Anderson. Court Reporter: Ray Fenlon.(mjm) (Entered: 07/14/2016)

July 14, 2016 PACER
35

MEMORANDUM DECISION AND ORDER denying 17 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Robert J. Shelby on 1/10/2017. (jds) (Entered: 01/10/2017)

Jan. 10, 2017 RECAP
36

Consent MOTION for Extension of Time to File Answer re 26 Amended Complaint, and Memorandum in Support filed by Defendant National Security Agency. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gilligan, James) (Entered: 01/20/2017)

1 Text of Proposed Order

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Jan. 20, 2017 PACER
37

ORDER granting 36 Motion for Extension of Time to Answer re 26 Amended Complaint. Answer deadline updated for National Security Agency answer due 2/7/2017. Signed by Magistrate Judge Dustin B. Pead on 1/23/2017. (jds) (Entered: 01/23/2017)

Jan. 23, 2017 PACER
38

Consent MOTION for Extension of Time to File Answer re 26 Amended Complaint, and Memorandum in Support (Defendant National Security Agencys Second Unopposed Motion for Extension of Time To File Answer) filed by Defendant National Security Agency. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gilligan, James) (Entered: 02/03/2017)

1 Text of Proposed Order

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Feb. 3, 2017 PACER
39

ORDER granting 38 Motion for Extension of Time to Answer re 26 Amended Complaint. Answer deadline updated for National Security Agency answer due 2/21/2017. Signed by Magistrate Judge Dustin B. Pead on 2/6/2017. (jds) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
40

ANSWER to 26 Amended Complaint, filed by National Security Agency.(Gilligan, James) (Entered: 02/21/2017)

Feb. 21, 2017 RECAP
41

Joint MOTION for Scheduling Order and Memorandum in Support (joint Motion for an Interim Scheduling Order) filed by Defendant National Security Agency. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gilligan, James) (Entered: 02/22/2017)

1 Text of Proposed Order

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Feb. 22, 2017 PACER
42

ORDER granting 41 Joint Motion for Interim Scheduling Order. Signed by Magistrate Judge Dustin B. Pead on 2/23/2017. (jds) (Entered: 02/23/2017)

Feb. 23, 2017 PACER
43

MOTION for Judgment on the Pleadings and Memorandum in Support (Defendant National Security Agency's Motion and Supporting Memorandum for Judgment on the Pleadings) filed by Defendant National Security Agency. (Attachments: # 1 Affidavit Ex. A (Decl. of Wayne Murphy), # 2 Exhibit Ex. B, # 3 Text of Proposed Order)(Gilligan, James) (Entered: 03/03/2017)

1 Affidavit Ex. A (Decl. of Wayne Murphy)

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2 Exhibit Ex. B

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3 Text of Proposed Order

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March 3, 2017 PACER
44

MOTION to Dismiss Party Bush, Cheney, Hayden, and Addington and Memorandum in Support and Motion for Summary Judgment in favor of Bush, Cheney, Hayden, and Addington and Memorandum in Support filed by Defendants David Addington, George W. Bush, Richard B. Cheney, Michael V. Hayden. (Attachments: # 1 Appendix)(Whitman, James) (Entered: 03/13/2017)

1 Appendix

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March 13, 2017 PACER
45

NOTICE of Substitution of United States as defendant as to Count X and a portion of Count I of plaintiffs' amended complaint by David Addington, George W. Bush, Richard B. Cheney, Michael V. Hayden (Whitman, James) (Entered: 03/13/2017)

March 13, 2017 PACER
46

Joint MOTION for Scheduling Order For Further Proceedings filed by Defendant National Security Agency. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Gilligan, James) (Entered: 03/24/2017)

1 Text of Proposed Order

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March 24, 2017 PACER
47

ORDER granting 46 Joint MOTION for Scheduling Order For Further Proceedings. Signed by Magistrate Judge Dustin B. Pead on 3/27/2017. (jds) (Entered: 03/27/2017)

March 27, 2017 PACER
48

STATUS REPORT (Joint) by Federal Bureau of Investigation, National Security Agency. (Attachments: # 1 Text of Proposed Order)(Anderson, Caroline) (Entered: 06/26/2017)

1 Text of Proposed Order

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June 26, 2017 PACER
49

SCHEDULING ORDER re 48 Joint Status Report: Discovery due by 3/23/2018. Plaintiffs memorandum in opposition to NSAs motion for judgment on the pleadings on or before 5/22/18. Defendants reply in support of its motion for judgment on the pleadings on or before 6/21/18. Signed by Magistrate Judge Dustin B. Pead on 6/28/2017. (jds) (Entered: 06/28/2017)

June 28, 2017 RECAP
50

Joint MOTION for Scheduling Order Modification and to Set a Schedule for Resolving Discovery Disputes filed by Defendant National Security Agency. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Patton, Rodney) (Entered: 02/01/2018)

Feb. 1, 2018 PACER
51

ORDER: This matter comes before the Court upon the parties' 50 Joint Motion to Modify the Court's Scheduling Order and to Set a Schedule for Resolving Discovery Disputes. Upon consideration of the parties motion and their submissions in support thereof, IT IS HEREBY ORDERED THAT, the Court's Scheduling Order, dated 6/28/2017, 49 is modified as set forth in the order. Signed by Magistrate Judge Dustin B. Pead on 2/1/18. (dla) (Entered: 02/02/2018)

Feb. 2, 2018 PACER
52

Joint MOTION for Extension of Time Jurisdictional Discovery filed by Defendant National Security Agency. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Patton, Rodney) (Entered: 03/07/2018)

March 7, 2018 PACER
53

ORDER to Extend Time: This matter comes before the Court upon the parties' 52 Joint Motion for an Extension of Time. Upon consideration of the parties' motion and their submissions in support thereof, IT IS HEREBY ORDERED THAT, the Court's Order, dated 2/2/2018, 51 is modified as set forth in the Order. Signed by Magistrate Judge Dustin B. Pead on 3/8/18. (dla) (Entered: 03/08/2018)

March 8, 2018 PACER
54

NOTICE of Appearance by Olivia Hussey Scott on behalf of National Security Agency (Scott, Olivia) (Entered: 03/22/2018)

March 22, 2018 PACER
55

Stipulated MOTION for Extension of Time (1) End of conferral period regarding written discovery requests, draft Rule 30(b)(6) deposition notice, and draft third-party subpoenas. (2) Deadline for the filing of motions to compel and motions for protective order regarding written discovery requests, draft Rule 30(b)(6) deposition notice, and draft third-party subpoenas. filed by Plaintiffs William Grant Bagley, Daniel Darger, Thomas Nelson Huckin, Deeda Seed, Howard Stephenson, Mary Josephine Valdez. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Anderson, Ross) (Entered: 04/25/2018)

April 25, 2018 PACER
56

ORDER granting 55 Stipulated Motion for Extension of Time. The 53 Court's Order, dated 3/8/2018, is modified as follows: 6/8/2018: End of conferral period regarding written discovery requests, draft Rule 30(b)(6) deposition notice, and draft third-party subpoenas; 7/6/2018: Deadline for the filing of motions to compel and motions for protective order regarding written discovery requests, draft Rule 30(b)(6) deposition notice, and draft third-party subpoenas. The parties remain required, within ten days of the resolution of all discovery disputes, whether by agreement or court order, to propose to the Court a new timetable for the completion of any remaining discovery and the remaining briefing on the Defendant NSA's motion for judgment on the pleadings. Signed by Magistrate Judge Dustin B. Pead on 4/26/18. (dla) (Entered: 04/26/2018)

April 26, 2018 PACER
57

ORDER: In March 2017, Defendant National Security Agency filed a 43 Motion for Judgment on the Pleadings. Ten days later, the individual Defendants filed a 44 Motion to Dismiss and Motion for Summary Judgment. Because the parties have been and remain engaged in jurisdictional discovery, responses to those motions have not yet been filed over a year later. As recently as last week Judge Pead granted a stipulated motion extending deadlines for the discovery process the parties are utilizing. Given the length of time that has passed since the pending Motions were filed, and the present state of the ongoing discovery, the court DENIES the pending Motions without prejudice to refile the Motions, as written or amended, no later than 30 days after completion of jurisdictional discovery. In the meantime, the individual Defendants need not answer or otherwise respond to the Amended Complaint. Save for contemplating the refiling of the Motions, this Order does not otherwise affect Judge Pead's recent scheduling order. This Order preserves all issues and defenses raised by the filing of the Motions in the first instance. Signed by Judge Robert J. Shelby on 5/1/18. (dla) (Entered: 05/01/2018)

May 1, 2018 PACER
58

Stipulated MOTION for Protective Order filed by Defendants Federal Bureau of Investigation, National Security Agency. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead. Attorney Olivia Hussey Scott added to party Federal Bureau of Investigation(pty:dft)(Scott, Olivia) (Entered: 06/04/2018)

1 Text of Proposed Order

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June 4, 2018 PACER
59

PROTECTIVE ORDER. Signed by Magistrate Judge Dustin B. Pead on 6/5/18. (dla) (Entered: 06/05/2018)

June 5, 2018 PACER
60

Joint MOTION for Extension of Time the remaining deadlines set forth in the scheduling order (ECF No. 56) governing jurisdictional discovery and Memorandum in Support, and for an Enlargement of the page Limitations filed by Defendant National Security Agency. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order) Motions referred to Dustin B. Pead.(Scott, Olivia) (Entered: 06/25/2018)

1 Exhibit A

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2 Text of Proposed Order

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June 25, 2018 PACER
61

ORDER granting 60 Motion for Extending Time and Enlargement of Page Limits: the Court's Order, dated April 26, 2018 56 is modified as set forth in the attached order. The page limitation shall be enlarged from 10 pages to 25 pages for both (1) the Plaintiffs' motion to compel regarding written discovery requests, draft Rule 30(b)(6) deposition notice, and draft third-party subpoenas, and (2) the Defendant NSA's response thereto and motion for protective order. Additionally, the page limitation shall be enlarged from 10 pages to 15 pages for both (1) the Plaintiffs' reply in support of their motion to compel and response to NSA's motion for protective order, and (2) the Defendant NSA's reply in support of any filed motion for a protective order. The parties remain required, within ten days of the resolution of all discovery disputes, whether by agreement or court order, to propose to the Court a new timetable for the completion of any remaining discovery and the briefing on the Defendant NSA's anticipated motion for judgment on the pleadings. Signed by Magistrate Judge Dustin B. Pead on 6/26/18. (dla) (Entered: 06/27/2018)

June 27, 2018 PACER
62

Plaintiff's MOTION to Compel Discovery Responses and Deposition Testimony and Memorandum in Support filed by Plaintiffs William Grant Bagley, Daniel Darger, Thomas Nelson Huckin, Deeda Seed, Howard Stephenson, Mary Josephine Valdez. (Attachments: # 1 Appendix of Exhibits) Motions referred to Dustin B. Pead.(Anderson, Ross) (Entered: 09/14/2018)

1 Appendix of Exhibits

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Sept. 14, 2018 PACER
63

Plaintiff's MOTION to Dismiss and Memorandum in Support filed by Plaintiffs William Grant Bagley, Daniel Darger, Thomas Nelson Huckin, Deeda Seed, Howard Stephenson, Mary Josephine Valdez. (Attachments: # 1 Text of Proposed Order)(Anderson, Ross) (Entered: 09/27/2018)

1 Text of Proposed Order

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Sept. 27, 2018 PACER
64

ORDER DISMISSING CASE: Upon consideration of the Plaintiffs 63 Motion to Dismiss, and for good cause appearing, the court ORDERS that this matter be dismissed without prejudice, the parties to bear their own costs and attorneys' fees. The clerk of court is directed to close the case. Case Closed. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge Robert J. Shelby on 9/27/18. (dla) (Entered: 09/27/2018)

Sept. 27, 2018 RECAP

State / Territory: Utah

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Key Dates

Filing Date: Aug. 8, 2015

Closing Date: Sept. 27, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Six U.S. citizens who lived and worked in the Salt Lake City, UT area during the 2002 Winter Olympic Games at which time intelligence agencies were intercepting email, text message, and telephone call metadata of all individuals in the vicinity of Salt Lake City and other Olympic venues.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

United States (Fort Meade), Federal

United States (Washington), Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

FISA Title I Warrant (Electronic Surveillance), 50 U.S.C. §§ 1801-1812

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Record-keeping

Terrorism/Post 9-11 issues