Case: Electronic Frontier Foundation v. U.S. Department of Justice

4:16-cv-02041 | U.S. District Court for the Northern District of California

Filed Date: April 19, 2016

Closed Date: July 3, 2019

Clearinghouse coding complete

Case Summary

On April 19, 2016, the Electronic Frontier Foundation, a non-profit organization concerned with technology-related civil liberty issues, filed suit in the United States District Court for the Northern District of California against the United States Department of Justice under the Freedom of Information Act, 5 U.S.C. §552. The case was assigned to Judge Haywood S. Gilliam, Jr.It was public knowledge that the government had attempted to compel third parties to assist in surveillance activities,…

On April 19, 2016, the Electronic Frontier Foundation, a non-profit organization concerned with technology-related civil liberty issues, filed suit in the United States District Court for the Northern District of California against the United States Department of Justice under the Freedom of Information Act, 5 U.S.C. §552. The case was assigned to Judge Haywood S. Gilliam, Jr.

It was public knowledge that the government had attempted to compel third parties to assist in surveillance activities, such as when the FBI publicly demanded court orders requiring Apple to create a backdoor to the iPhone. The Electronic Frontier Foundation sought to learn about the government’s efforts to obtain non-public court orders. The Foundation had filed a Freedom of Information Act request on March 7, 2016, seeking documents pertaining to requests for the Foreign Intelligence Surveillance Court to compel third parties to provide access to their customers’ encrypted communications or to provide other technical assistance in gaining access to private communications. When the Justice Department withheld the requested documents, the Foundation filed this lawsuit for an injunction requiring the Department to produce all such documents created between 1978 and June 1, 2015.

In the fall of 2016, both parties moved for summary judgment. While these motions were pending, the Justice Department worked to process the original Freedom of Information Act request. A year later, after the parties acknowledged that the scope of their dispute would not be known until the document production process was complete, the court denied both summary judgment motions as moot on September 29, 2017.

On September 25, 2017, January 31, 2018, and August 22, 2018, the Justice Department released a total of 73 documents, out of 79 identified as responsive to the Foundation’s request. The Department claimed that the remaining six documents, opinions written by the Foreign Intelligence Surveillance Court, were classified and exempt from disclosure.

Both parties filed new motions for partial summary judgment in the fall of 2018. The Foundation argued that the Justice Department could not legally withhold the remaining documents: although the six documents were exempt from disclosure under the Freedom of Information Act, they were also subject to Section 402 of the USA FREEDOM Act, which required the declassification of certain opinions of the Foreign Intelligence Surveillance Court.

On March 26, 2019, the court granted summary judgment in favor of the Justice Department. 376 F.Supp.3d 1023. Although Section 402 might require the government to declassify the opinions, that statute created no private right of action to enforce the requirement. The court found that it would be inappropriate to use the Freedom of Information Act to enforce Section 402, and therefore declined to even address whether Section 402 actually required the government to declassify the opinions. It found that the Justice Department had provided sufficiently detailed factual information to support its exemption claims, and that the Foundation had failed to overcome the presumption of good faith to which the Department was entitled.

On April 5, 2019, the parties filed a joint status report, notifying the court that aside from attorneys’ fees, no dispute remained to be resolved. The parties submitted a proposed judgment in favor of the Justice Department as to its responses to the Foundations’s requests. They also requested that the court order the parties to provide a status report, due by May 9, 2019, regarding their efforts to resolve the dispute over attorneys’ fees and costs.

Upon receipt of the status report on May 10, 2019, the court extended the deadline for notifying the court of the status of the parties’ efforts to finalize the agreement concerning attorneys’ fees and costs to June 10, 2019.

On June 10, 2019, the parties submitted a joint status report indicating that the parties finalized their agreement concerning attorneys’ fees and costs and have signed a settlement agreement. The parties jointly agreed to dismiss the case on July 3, 2019.

Summary Authors

Lisa Limb (4/5/2019)

Bogyung Lim (7/13/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4182746/parties/electronic-frontier-foundation-v-united-states-department-of-justice/


Judge(s)

Gilliam, Haywood Stirling Jr. (California)

Attorneys(s) for Plaintiff

Cardozo, Nathan (California)

Crocker, Andrew (California)

Mackey, Aaron David (California)

Rumold, Mark Thomas (California)

Attorneys(s) for Defendant

Berman, Julia Alexandra (District of Columbia)

Patton, Rodney (District of Columbia)

Judge(s)

Gilliam, Haywood Stirling Jr. (California)

Attorneys(s) for Plaintiff

Cardozo, Nathan (California)

Crocker, Andrew (California)

Mackey, Aaron David (California)

Rumold, Mark Thomas (California)

Attorneys(s) for Defendant

Berman, Julia Alexandra (District of Columbia)

Patton, Rodney (District of Columbia)

Documents in the Clearinghouse

Document

4:16-cv-02041

Docket [PACER]

April 5, 2019

April 5, 2019

Docket
1

4:16-cv-02041

Complaint for Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552

Electronic Frontier Foundation v. United States Department of Justice

April 19, 2016

April 19, 2016

Complaint
74

4:16-cv-02041

Order Granting Defendant's Motion for Partial Summary Judgment and Denying Plaintiff's Cross Motion for Partial Summary Judgment

March 26, 2019

March 26, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4182746/electronic-frontier-foundation-v-united-states-department-of-justice/

Last updated July 23, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. Section 552 against United States Department of Justice, (Filing Fee: $400.00, receipt number 0971-10381690). Filed by Electronic Frontier Foundation. (Attachments: #(1) Civil Cover Sheet) (Rumold, Mark) (Filed on 4/19/2016) (Entered: 04/19/2016)

1 Civil Cover Sheet

View on PACER

April 19, 2016

April 19, 2016

RECAP
2

Proposed Summons. (Rumold, Mark) (Filed on 4/19/2016) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
3

Certificate of Interested Entities or Parties filed by Electronic Frontier Foundation (Rumold, Mark) (Filed on 4/19/2016) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
4

NOTICE of Appearance by Aaron David Mackey (Mackey, Aaron) (Filed on 4/19/2016) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
5

NOTICE of Appearance by Nathan Daniel Cardozo (Cardozo, Nathan) (Filed on 4/19/2016) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
6

Case assigned to Magistrate Judge Sallie Kim. 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. by 5/3/2016. (cjlS, COURT STAFF) (Filed on 4/19/2016) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
7

Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 7/20/2016. Initial Case Management Conference set for 7/27/2016 at 1:30 PM in Courtroom A, 15th Floor, San Francisco. (Attachments: #(1) SK Civil Standing Order, #(2) Civil Standing Order for All Judges) (tnS) (Filed on 4/21/2016) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

PACER
8

Summons Issued as to Defendant United States Department of Justice. (tnS) (Filed on 4/21/2016) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

PACER
9

SUMMONS Returned Executed (FOIA) by Electronic Frontier Foundation. United States Department of Justice served on 4/22/2016, answer due 5/23/2016. (Rumold, Mark) (Filed on 5/2/2016) (Entered: 05/02/2016)

May 2, 2016

May 2, 2016

PACER
10

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Electronic Frontier Foundation.. (Rumold, Mark) (Filed on 5/2/2016) (Entered: 05/02/2016)

May 2, 2016

May 2, 2016

PACER
11

NOTICE of Appearance by Julia Alexandra Berman (Berman, Julia) (Filed on 5/23/2016) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
12

ANSWER to Complaint filed by United States Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Berman, Julia) (Filed on 5/23/2016) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
13

CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge by 6/8/2016. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 5/25/2016) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
14

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Department of Justice.. (Patton, Rodney) (Filed on 5/26/2016) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
15

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 5/26/2016) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
16

ORDER, Case reassigned to Hon. Haywood S Gilliam, Jr. Magistrate Judge Sallie Kim no longer assigned to the case.. Signed by Executive Committee on 5/27/16. (ha, COURT STAFF) (Filed on 5/27/2016) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

RECAP
17

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for August 2, 2016, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 10, 19th Floor, 450 Golden Gate Avenue, San Francisco, CA. Case Management Statement due by July 26, 2016. (This is a text only docket entry, there is no document associated with this notice.)(ndrS, COURT STAFF) (Filed on 6/2/2016) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER
18

STIPULATION WITH PROPOSED ORDER filed by United States Department of Justice. (Patton, Rodney) (Filed on 6/6/2016) (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

PACER

Electronic filing error. Document contains incorrect Case Number and Judge's Initials. Please re-file in its entirety. Re: 18 STIPULATION WITH PROPOSED ORDER filed by United States Department of Justice (dtmS, COURT STAFF) (Filed on 6/6/2016)

June 6, 2016

June 6, 2016

PACER
19

ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 7/15/2016) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
20

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Mackey, Aaron) (Filed on 7/15/2016) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
21

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Mackey, Aaron) (Filed on 7/15/2016) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
22

ADR Clerk's Notice Setting ADR Phone Conference on July 28, 2016 at 11:00 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 7/15/2016) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
23

Joint Case Management Conference Statement filed by United States Department of Justice. (Berman, Julia) (Filed on 7/26/2016) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER
24

ADR Remark: ADR Phone Conference held on 7/28/2016 with Tamara Lange. (cmf, COURT STAFF) (Filed on 7/28/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 07/28/2016)

July 28, 2016

July 28, 2016

PACER
25

STIPULATION WITH [PROPOSED] ORDER to Set Briefing Schedule and Vacate Case Management Conference filed by Electronic Frontier Foundation. (Mackey, Aaron) (Filed on 8/1/2016) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
26

ORDER by Judge Haywood S. Gilliam, Jr. Granting 25 Stipulation. (ndrS, COURT STAFF) (Filed on 8/2/2016) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

RECAP

Set Deadlines/Hearing Pursuant to Docket No. 26 : Motions due by 9/22/2016; Responses / Cross Motions due by 10/13/2016; Replies due by 11/3/2016; Replies due by 11/17/2016; Motion Hearing set for 12/15/2016 02:00 PM before Hon. Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 8/2/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
27

Defendant's Unopposed Administrative Motion To Modify Briefing Schedule to Provide for Cross-Motions For Partial Summary Judgment. Responses due by 9/26/2016. (Attachments: # 1 Proposed Order)(Berman, Julia) (Filed on 9/20/2016) Modified on 9/21/2016 (pdy, COURT STAFF). (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
28

ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING 27 Defendant's Unopposed Administrative Motion to Modify Briefing Schedule. In light of the fact that the cross-motions for partial summary judgment will only address the March 7, 2016, FOIA request, the parties are DIRECTED to meet and confer regarding the number of pages of briefing realistically needed to address this sole issue. The parties shall submit a joint stipulation proposing substantially shorter page limits for the briefs related to their cross-motions for partial summary judgment by September 28, 2016. (This is a text-only docket entry; there is no document associated with this entry.)(hsglc2S, COURT STAFF) (Filed on 9/22/2016) (Entered: 09/22/2016)

Sept. 22, 2016

Sept. 22, 2016

PACER
29

MOTION for Summary Judgment (Partial) filed by United States Department of Justice. Motion Hearing set for 12/15/2016 02:00 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Haywood S Gilliam Jr.. Responses due by 10/13/2016. Replies due by 11/3/2016. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Berman, Julia) (Filed on 9/22/2016) (Entered: 09/22/2016)

1 Exhibit 1

View on PACER

2 Proposed Order

View on PACER

Sept. 22, 2016

Sept. 22, 2016

RECAP
30

STIPULATION WITH PROPOSED ORDER Regarding Page Limits on Briefs filed by United States Department of Justice. (Patton, Rodney) (Filed on 9/28/2016) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER

Remark re 30 Stipulation: REMINDER to include Judge's initials following the case number on your documents. This is a text only entry, there is no document associated with this entry. (ecgS, COURT STAFF) (Filed on 9/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
31

ORDER by Judge Haywood S. Gilliam, Jr. Granting 30 Stipulation Regarding Page Limits on Briefs. (ndrS, COURT STAFF) (Filed on 9/29/2016) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

RECAP
32

Cross MOTION for Partial Summary Judgment and Opposition to Defendant's Motion for Partial Summary Judgment filed by Electronic Frontier Foundation. Motion Hearing set for 12/15/2016 02:00 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Haywood S Gilliam Jr.. Responses due by 11/3/2016. Replies due by 11/17/2016. (Attachments: # 1 Declaration of Mark Rumold, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Proposed Order)(Rumold, Mark) (Filed on 10/13/2016) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
33

OPPOSITION/RESPONSE (re 32 Cross MOTION for Partial Summary Judgment and Opposition to Defendant's Motion for Partial Summary Judgment ) filed by United States Department of Justice. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order)(Patton, Rodney) (Filed on 11/3/2016) Modified on 11/4/2016 (ecgS, COURT STAFF). (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
34

STATUS REPORT by United States Department of Justice. (Patton, Rodney) (Filed on 11/7/2016) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
35

STIPULATION WITH PROPOSED ORDER filed by Electronic Frontier Foundation. (Rumold, Mark) (Filed on 11/14/2016) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
36

ORDER by Judge Haywood S. Gilliam, Jr. Granting 35 Stipulation. (ndrS, COURT STAFF) (Filed on 11/14/2016) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

RECAP

Electronic filing error. Re: 35 STIPULATION WITH PROPOSED ORDER Judge Gilliam Jr.'s signature line is as follows: Hon. Haywood S. Gilliam, Jr. United States District Judge Counsel need not re-file document, but should reference Judge Gilliam Jr.'s suffix in future filings. This is a text only docket entry. There is no document associated with this entry. [err400] (ecgS, COURT STAFF) (Filed on 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
37

STIPULATION WITH PROPOSED ORDER to Extend Deadline for Reply re 32 Cross Motion for Summary Judgment filed by Electronic Frontier Foundation. (Rumold, Mark) (Filed on 11/23/2016) Modified on 11/28/2016 (ecgS, COURT STAFF). (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

PACER

Electronic filing error. Document not properly linked. [err102] Re: 37 STIPULATION WITH PROPOSED ORDER filed by Electronic Frontier Foundation. Corrected by Clerk's Office. No further action is necessary. (ecgS, COURT STAFF) (Filed on 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER
38

ORDER by Judge Haywood S. Gilliam, Jr. Granting 37 Stipulation to Extend Deadline for Reply re 32 Cross Motion for Summary Judgment. (ndrS, COURT STAFF) (Filed on 11/28/2016) (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

RECAP

Reset Deadline Pursuant to Docket No. 38 as to 32 Cross MOTION for Partial Summary Judgment and Opposition to Defendant's Motion for Partial Summary Judgment: Replies due by 12/1/2016. (ndrS, COURT STAFF) (Filed on 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER
39

STIPULATION WITH PROPOSED ORDER to Stay Briefing, Vacate Hearing for Cross-Motions for Summary Judgment filed by Electronic Frontier Foundation. (Rumold, Mark) (Filed on 12/1/2016) Modified on 12/1/2016 (ecgS, COURT STAFF). (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
40

ORDER by Judge Haywood S. Gilliam, Jr. Granting 39 Stipulation to Stay Briefing, Vacate Hearing for Cross-Motions for Summary Judgment. Joint Status Report due by 12/15/2016.. (ndrS, COURT STAFF) (Filed on 12/2/2016) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

RECAP

Set Deadline Pursuant to Docket No. 40 : Joint Status Report due by 1/30/2017. (ndrS, COURT STAFF) (Filed on 12/2/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
41

JOINT STATUS REPORT by United States Department of Justice. (Patton, Rodney) (Filed on 12/15/2016) Modified on 12/16/2016 (als, COURT STAFF). (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
42

STATUS REPORT By Both Parties Filed by United States Department of Justice. (Patton, Rodney) (Filed on 1/30/2017) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
43

ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file a joint status report of no more than five pages by April 17, 2017. (This is a text-only docket entry; there is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 2/14/2017) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
44

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 (mclS, COURT STAFF) (Filed on 3/1/2017) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
45

JOINT STATUS REPORT by United States Department of Justice. (Patton, Rodney) (Filed on 4/17/2017) Modified on 4/18/2017 (alsS, COURT STAFF). (Entered: 04/17/2017)

April 17, 2017

April 17, 2017

PACER
46

ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file a joint status report of no more than five pages by June 16, 2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 5/2/2017) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER

Set Deadline Pursuant to Docket No. 46 : Status Report due by 6/16/2017. (ndrS, COURT STAFF) (Filed on 5/2/2017)

May 2, 2017

May 2, 2017

PACER
47

Unopposed MOTION for Extension of Time to File Joint Status Report filed by United States Department of Justice. (Attachments: # 1 Proposed Order)(Patton, Rodney) (Filed on 5/25/2017) Modified on 5/30/2017 (vlkS, COURT STAFF). (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER

Electronic filing error. Re: 47 Consent MOTION for Extension of Time to File filed by United States Department of Justice. In future filings, please caption documents with the correct case number, 4:16-cv-2041 HSG. (vlkS, COURT STAFF) (Filed on 5/26/2017)

May 26, 2017

May 26, 2017

PACER
48

ORDER by Judge Haywood S. Gilliam, Jr. Granting 47 Defendants Unopposed Administrative Motion for an Extension ofthe Deadline for Filing a Joint Status Report (ndrS, COURT STAFF) (Filed on 5/30/2017) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

RECAP

Reset Deadline Pursuant to Docket No. 48 : Joint Status Report due by 6/21/2017. (ndrS, COURT STAFF) (Filed on 5/30/2017)

May 30, 2017

May 30, 2017

PACER
49

Joint Status Report by United States Department of Justice, Electronic Frontier Foundation. (Berman, Julia) (Filed on 6/21/2017) Modified on 6/22/2017 (vlkS, COURT STAFF). (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

RECAP
50

ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file a joint status report of no more than five pages by July 19, 2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 6/22/2017) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER

Set Deadline Pursuant to Docket No. 50 : Status Report due by 7/19/2017. (ndrS, COURT STAFF) (Filed on 6/22/2017)

June 22, 2017

June 22, 2017

PACER
51

STATUS REPORT by United States Department of Justice. (Patton, Rodney) (Filed on 7/19/2017) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
52

ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file a joint status report of no more than five pages by September 28, 2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 7/20/2017) (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

PACER

Set Deadline Pursuant to Docket No. 52 : Joint Status Report due by 9/28/2017. (ndrS, COURT STAFF) (Filed on 7/20/2017)

July 20, 2017

July 20, 2017

PACER
53

STATUS REPORT by United States Department of Justice. (Patton, Rodney) (Filed on 9/28/2017) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
54

ORDER by Judge Haywood S. Gilliam, Jr. DENYING ( 29, 32 ) CROSS-MOTIONS FOR SUMMARY JUDGMENT WITHOUT PREJUDICE. Joint Status Report due by 1/8/2018. (ndrS, COURT STAFF) (Filed on 9/29/2017) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

RECAP
55

Consent MOTION for Extension of Time to File a Status Report Setting Forth A Summary Judgment Briefing Schedule filed by United States Department of Justice. (Attachments: # 1 Proposed Order)(Patton, Rodney) (Filed on 12/18/2017) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
56

ORDER by Judge Haywood S. Gilliam, Jr. Granting 55 Motion for Extension of Time to File Status Report Setting Forth A Summary Judgment Briefing Schedule. Status Report due by 2/16/2018. (ndrS, COURT STAFF) (Filed on 12/19/2017) (Entered: 12/19/2017)

Dec. 19, 2017

Dec. 19, 2017

RECAP
57

JOINT STATUS REPORT by United States Department of Justice, Electronic Frontier Foundation. (Patton, Rodney) (Filed on 1/8/2018) Modified on 1/9/2018 (vlkS, COURT STAFF). (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER
58

JOINT STATUS REPORT AND PROPOSED BRIEFING SCHEDULE; AND (PROPOSED) ORDER by Electronic Frontier Foundation, United States Department of Justice (Mackey, Aaron) (Filed on 2/16/2018) Modified on 2/18/2018 (cpS, COURT STAFF). (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

PACER
59

ORDER by Judge Haywood S. Gilliam, Jr. Granting 58 Stipulated PROPOSED BRIEFING SCHEDULE. Motions due by 5/24/2018; Cross Motions/Opposition due by 6/21/2018; Opposition (Cross)/Replies due by 7/19/2018; Replies (cross) due by 8/9/2018; Motion Hearing set for 8/23/2018 02:00 PM before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 2/20/2018) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

RECAP
60

Unopposed Administrative Motion to Vacate Current Briefing Schedule and for an Order Requiring the Parties to Submit a Status Report in Two Weeks filed by United States Department of Justice. Responses due by 6/7/2018. Replies due by 6/14/2018. (Attachments: # 1 Proposed Order)(Patton, Rodney) (Filed on 5/24/2018) Modified on 5/24/2018 to correct text (ndrS, COURT STAFF). (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
61

ORDER by Judge Haywood S. Gilliam, Jr. Granting 60 Unopposed Admin Motion to Vacate Current Briefing Schedule and for an Order Requiring the Parties to Submit a Status Report in Two Weeks. Status Report due by 6/7/2018. (ndrS, COURT STAFF) (Filed on 5/24/2018) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

RECAP
62

JOINT STATUS REPORT and Proposed Briefing Schedule by United States Department of Justice, and Electronic Frontier Foundation. (Attachments: # 1 Proposed Order)(Patton, Rodney) (Filed on 6/7/2018) Modified on 6/8/2018 (jjbS, COURT STAFF). (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER

Electronic filing error. Re: 62 Status Report, filed by Electronic Frontier Foundation, United States Department of Justice. REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected on ALL as documents as 4:16-cv-02042-HSG. (jjbS, COURT STAFF) (Filed on 6/8/2018)

June 8, 2018

June 8, 2018

PACER
63

ORDER GRANTING 62 Proposed Briefing Schedule: Motions due by 7/9/2018; Cross Motions/Oppositions due by 8/6/2018; Responses due by 9/6/2018; Replies due by 9/27/2018; Motion Hearing set for 10/25/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 6/14/2018. (ndrS, COURT STAFF) (Filed on 6/14/2018) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

RECAP
64

Consent MOTION for Extension of Time to File Motion for Partial Summary Judgment and to Amend Current Briefing Schedule filed by United States Department of Justice. (Attachments: # 1 Proposed Order)(Patton, Rodney) (Filed on 7/2/2018) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
65

ORDER by Judge Haywood S. Gilliam, Jr. Granting 64 Motion for Extension of Time to File.Motions due by 7/26/2018; Cross Motions due by 8/23/2018; Responses due by 9/20/2018; Replies due by 10/11/2018.; Motion Hearing set for 11/8/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 7/3/2018) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

RECAP
66

MOTION for Partial Summary Judgment filed by United States Department of Justice. Motion Hearing set for 11/8/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 8/23/2018. Replies due by 9/20/2018. (Attachments: # 1 Declaration, # 2 Proposed Order)(Patton, Rodney) (Filed on 7/26/2018) (Entered: 07/26/2018)

1 Declaration

View on PACER

2 Proposed Order

View on PACER

July 26, 2018

July 26, 2018

PACER
67

NOTICE of Change In Counsel by Mark Thomas Rumold (Rumold, Mark) (Filed on 8/8/2018) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
68

Motion and Cross-Motion for Partial Summary Judgment and Opposition to 66 MOTION for Partial Summary Judgment filed byElectronic Frontier Foundation. (Attachments: # 1 Proposed Order)(Mackey, Aaron) (Filed on 8/23/2018) Modified on 8/24/2018 (jjbS, COURT STAFF). (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER

Set Hearing as to 68 MOTION and Cross-Motion for Partial Summary Judgment and Opposition: Motion Hearing set for 11/8/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 8/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER

Electronic filing error. Incorrect event used. In the Future, Please use the event "Motion for Partial Summary Judgment." Event can be found under Motions and Related Fi lings > Motions-General [err101]. Also, please be sure that the Oakland Division is correctly listed as the Court's location, not San Francisco.Corrected by Clerk's Office. No further action is necessary. Re: 68 MOTION and Cross-Motion for Partial Summary Judgment and Opposition filed by Electronic Frontier Foundation (jjbS, COURT STAFF) (Filed on 8/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
69

REPLY (re 66 MOTION for Partial Summary Judgment, 68 MOTION and Cross-Motion for Partial Summary Judgment and Opposition ) filed byUnited States Department of Justice. (Attachments: # 1 Exhibit, # 2 Exhibit)(Patton, Rodney) (Filed on 9/20/2018) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
70

REPLY (re 68 MOTION and Cross-Motion for Partial Summary Judgment and Opposition ) filed byElectronic Frontier Foundation. (Attachments: # 1 Declaration of Aaron Mackey, # 2 Exhibit A)(Mackey, Aaron) (Filed on 10/10/2018) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
71

NOTICE of Appearance by Andrew Crocker (Crocker, Andrew) (Filed on 11/2/2018) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
72

Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held on 11/8/2018. Total Time in Court: 38 Minutes. Court Reporter: Pamela Batalo-Hebel. Plaintiff Attorney: Aaron Mackey and Andrew Crocker. Defendant Attorney: Rodney Patton. Defendants motion for partial summary judgment and plaintiffs motion for summary judgment (docket nos. 66 and 68 ) are argued and submitted by the parties, and taken under submission by the Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 11/8/2018) (Entered: 11/14/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
73

NOTICE of Change In Counsel by Nathan Daniel Cardozo (Cardozo, Nathan) (Filed on 1/30/2019) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

RECAP
74

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING DEFENDANTS 66 MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING PLAINTIFFS CROSS 68 MOTION FOR PARTIAL SUMMARY JUDGMENT. Case Management Statement due by 4/5/2019 and Initial Case Management Conference set for 4/9/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 3/26/2019) (Entered: 03/26/2019)

March 26, 2019

March 26, 2019

RECAP
75

JOINT CASE MANAGEMENT STATEMENT filed by Electronic Frontier Foundation and United States Department of Justice. (Mackey, Aaron) (Filed on 4/5/2019) Modified on 4/8/2019 (jjbS, COURT STAFF). (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

PACER

Order

April 5, 2019

April 5, 2019

PACER
76

Proposed Order Final Judgment by Electronic Frontier Foundation. (Mackey, Aaron) (Filed on 4/5/2019) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

PACER
77

JUDGMENT in favor of United States Department of Justice against Electronic Frontier Foundation. Signed by Judge Haywood S. Gilliam, Jr. on 4/5/2019. (hsglc2S, COURT STAFF) (Filed on 4/5/2019) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

RECAP
78

ORDER by Hon. Haywood S. Gilliam, Jr. VACATING the April 9, 2019 Case Management Conference, in light of 75 the parties' joint case management statement. Per the parties' agreement, the Court DIRECTS the parties to file by May 9, 2019 a joint status report of no more than three pages notifying the Court of the status of the parties' efforts to resolve the attorneys' fees and costs issue. The deadline for filing any motion for attorneys' fees and costs is hereby continued to May 23, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 4/5/2019) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

PACER
79

JOINT STATUS REPORT by United States Department of Justice, Electronic Frontier Foundation. (Patton, Rodney) (Filed on 5/9/2019) Modified on 5/10/2019 (cpS, COURT STAFF). (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
80

ORDER by Hon. Haywood S. Gilliam, Jr. VACATING the May 23, 2019 deadline for filing any motion for attorneys' fees and costs. In light of the 79 parties' joint status report, the Court DIRECTS the parties to file by June 10, 2019 a joint status report of no more than two pages notifying the Court of the status of the parties' efforts to finalize the agreement concerning attorneys' fees and costs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 5/10/2019) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER

Order

May 10, 2019

May 10, 2019

PACER
81

JOINT STATUS REPORT by United States Department of Justice, Electronic Frontier Foundation. (Patton, Rodney) (Filed on 6/10/2019) Modified on 6/11/2019 (cpS, COURT STAFF). (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
82

STIPULATION of Dismissal with Prejudice by United States Department of Justice, Electronic Frontier Foundation (Patton, Rodney) (Filed on 7/3/2019) Modified on 7/5/2019 (cpS, COURT STAFF). (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER

Case Details

State / Territory: California

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Court

Key Dates

Filing Date: April 19, 2016

Closing Date: July 3, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Electronic Frontier Foundation (EFF), a non-profit organization concerned with technology-related civil liberty issues.

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

United States Department of Justice, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: unknown

Issues

General:

Records Disclosure