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Case: United States v. Gartenlaub

8:14-cr-00173 | U.S. District Court for the Central District of California

Filed Date: Aug. 27, 2014

Case Ongoing

Clearinghouse coding complete

Case Summary

The Foreign Intelligence Surveillance Act (FISA) requires the government to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) before it may conduct any domestic electronic surveillance to acquire foreign intelligence information. The warrant applications are made ex parte and must include a sworn statement by a federal officer of the facts and circumstances relied upon to justify the government's belief that the target of surveillance is a foreign power or an agent of a f…

The Foreign Intelligence Surveillance Act (FISA) requires the government to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) before it may conduct any domestic electronic surveillance to acquire foreign intelligence information. The warrant applications are made ex parte and must include a sworn statement by a federal officer of the facts and circumstances relied upon to justify the government's belief that the target of surveillance is a foreign power or an agent of a foreign power. Once a FISC judge receives a warrant application, the judge can order approval of the surveillance only if the judge finds that there is probable cause to believe that the target of the electronic surveillance is a foreign power or an agent of a foreign power. Because the orders only authorize surveillance up to 90 days, the government must file an application for an extension that meets the same requirements as the initial warrant application and obtain a renewal order from the FISC for continued surveillance. For the Civil Rights Litigation Clearinghouse collection of FISA matters, see our special collection.

In 2013, Wesley Harris, an FBI agent in Los Angeles, California, read a Wired.com article (https://www.wired.com/2013/01/china-transport-first-flight/) reporting that the Chinese had developed a military transport plane, with similarities to the United States's C-17 aircraft, which had been developed by Boeing. The article mused that "Beijing may also have acquired some of the C-17's blueprints from a spy working at Boeing." Subsequently, Agent Harris launched an investigation, which soon focused on Keith Gartenlaub, who was working at Boeing at the time. In June 2013, a magistrate judge in Los Angeles issued a warrant authorizing a search of Gartenlaub's email account (2013 email search). The FBI subsequently submitted an application for a FISA warrant to the FISC. The FISC authorized a search of Gartenlaub's home and computer, which were executed by FBI agents on January 29 and 30, 2014. During that search, FBI agents found hard drives containing child pornography. In August 2014, the FBI obtained additional search warrants from a magistrate judge, authorizing searches of Gartenlaub's home, storage units, and computers for evidence of child pornography. In the subsequent search, the FBI seized three hard drives containing child pornography.

On August 27, 2014, Gartenlaub was charged in a criminal complaint in the U.S. District Court for the Central District of California following his arrest. Gartenlaub was arrested that day on a federal charge of knowingly possessing child pornography. In addition to filing the criminal complaint, the government filed a notice of intent to use information obtained from electronic surveillance and physical searched conducted pursuant to FISA. On February 2, 2015, the defendant filed, under seal, a motion seeking disclosure of the FISA materials, suppression of all information gathered through FISA, and a Franks v. Delaware hearing in order to establish that the FISA application and resulting search warrant application contained intentional or reckless material falsehoods and omissions. On May 4, 2015, the government filed a largely classified, ex parte opposition to Gartenlaub's FISA motion, arguing that the court should conduct an in camera, ex parte review of the FISA materials due to the classified and highly sensitive nature of the FISA materials. On August 6, 2016, District Judge Christina A. Snyder, in a sealed opinion, refused to disclose to Gartenlaub the FISA application and order, and she denied his motion to suppress the fruits of the FISA search.

On December 10, 2015, Gartenlaub was convicted by a jury for receipt and possession of child pornography; Judge Snyder dismissed the receipt count as multiplicitous. On August 29, 2016, Gartenlaub was sentenced to 41 months of imprisonment and $3,430 in restitution.

On September 9, 2016, Gartenlaub appealed his conviction and his sentence to the 9th Circuit Court of Appeals. On February 15, 2017, the Electronic Frontier Foundation and the American Civil Liberties Union filed an amicus brief in support of Gartenlaub and reversal. On December 4, 2017, the parties conducted oral arguments in front of Circuit Judges Kim McLane Wardlaw and Ronald M. Gould, and District Judge for the District of South Dakota Lawrence L. Piersol (sitting by designation).

On February 24, 2018, John D. Cline, attorney for Gartenlaub, wrote a letter to the appeals court's clerk. On February 2, 2018, President Trump had declassified and approved the release of a House Permanent Select Committee on Intelligence (HPSCI) majority memorandum that summarizes portions of a FISA application targeting Carter Page, an American citizen and a onetime foreign policy advisor to the Trump Campaign. See In re Carter W. Page, NS-DC-0127 in this Clearinghouse. Cline argued that the declassification of the HPSCI memorandum demonstrated that "it is possible to discuss publicly the merits of a FISA application without damaging national security;" therefore, he reasoned that if the HPSCI memorandum could be disclosed without harming national security, then a comparable disclosure of the FISA application for Gartenlaub should also be disclosed.

On October 2, 2018, in an unpublished and unsigned memorandum, the appeals court affirmed Gartenlaub's conviction. First, the appeals court found that a rational jury could have found the essential elements, including knowledge, of the crime beyond a reasonable doubt. In particular, the government had demonstrated that Gartenlaub knew that child pornography was present on his computer and that he had accessed the child pornography through his password-protected computer user account. The appeals court also found that the district court did not commit plain error by failing to suppress the evidence from Gartenlaub's computer, since "[n]o controlling authority dictates the conclusion that the government's [FISA] search and subsequent use of FISA-derived materials in a non-national security prosecution violates the Fourth Amendment." But the appeals court did note that this case came "perilously close to the exact abuses against which the Fourth Amendment was designed to protect." Furthermore, despite a circuit split as to what deference appeals courts should give a district court's determination that a FISA order was based on probable cause, the appeals court declined to resolve the issue. It believed that probable cause existed here, under either a de novo or an abuse of discretion standard of review, to support the FISA warrant. Lastly, after having conducted an in camera review of the underlying FISA materials, the appeals court concluded that the disclosure of the FISA materials to Gartenlaub was not "necessary to make an accurate determination of the legality of the search."

On March 7, 2019, Gartenlaub appealed his conviction to the United States Supreme Court. His petition for certiorari was denied on April 22, 2019.

In December 2019, the U.S. Department of Justice Office of the Inspector General issued a report examining Foreign Intelligence Surveillance Act (FISA) applications. Following that report, in March 2020, the Inspector General issued a memorandum that included discussion of systemic errors in FBI FISA applications.

This information was previously unavailable to Gartenlaub. In response to the memo and report, on April 22, 2020, he petitioned for a writ of habeas corpus under 28 USC §2241, in the United States District Court Central District of California Western Division.

The petition argued that the March 2020 Inspector General Memorandum revealed "systemic, pervasive and serious errors and omissions” in FBI FISA applications around the same time his FISA application was submitted in January 2014. The memo discussed applications from October 2014 through September 2019. All 29 FBI FISA applications the Inspector General reviewed contained errors, omissions, and/or procedural failures.

Petitioner argued that, in light of the fact he was unable to review his FISA application and that his requests for a Franks hearing was denied, this new previously concealed evidence of systemic errors in FBI FISA applications is grounds to vacate his conviction, grant a new trial, or at least vacate his lifetime probation.

The habeas case was assigned to District Judge Otis D. Wright, II, as a 28 USC § 2255 case. The docket number is 2:20-cv-03711.

As of November 13, the case was still ongoing.

Summary Authors

Lisa Limb (3/1/2019)

Brittany Smith (11/20/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4152118/parties/united-states-v-gartenlaub/


Judge(s)

Gould, Ronald Murray (Washington)

Piersol, Lawrence L. (South Dakota)

Snyder, Christina A. (California)

Wardlaw, Kim McLane (California)

Wright, Otis D. II (California)

Attorneys(s) for Plaintiff

Arrowood, Casey (District of Columbia)

Chou, Vicki (California)

Cline, John D. (California)

Jaffe, Mark (California)

Lewis, Anthony J. (California)

Judge(s)

Gould, Ronald Murray (Washington)

Piersol, Lawrence L. (South Dakota)

Snyder, Christina A. (California)

Wardlaw, Kim McLane (California)

Wright, Otis D. II (California)

Attorneys(s) for Plaintiff

Arrowood, Casey (District of Columbia)

Chou, Vicki (California)

Cline, John D. (California)

Jaffe, Mark (California)

Lewis, Anthony J. (California)

Werksman, Mark J. (California)

Yonekura, Stephanie (District of Columbia)

Attorneys(s) for Defendant

Ekeland, Tor B. (New York)

Quinn, Kelly C. (California)

Vondrak, Steven John (California)

Other Attorney(s)

Crocker, Andrew (California)

Gorski, Ashley (New York)

Rumold, Mark Thomas (California)

Toomey, Patrick Christopher (New York)

Documents in the Clearinghouse

Document

8:14-cr-00173

Docket [PACER]

Aug. 24, 2020

Aug. 24, 2020

Docket

2:20-cv-03711

Docket [PACER]

Gartenlaub v. United States of America

Sept. 24, 2020

Sept. 24, 2020

Docket
1

8:14-cr-00173

Complaint

Aug. 27, 2014

Aug. 27, 2014

Complaint
82

8:14-cr-00173

Government's Unclassified Memorandum in Opposition to Defendant's Motion for Disclosure of FISA Material and Memorandum of Point and Authorities to Suppress the Fruits or Derivatives of Any Evidence Collected Pursuant to FISA

May 4, 2015

May 4, 2015

Pleading / Motion / Brief
BL-31

8:14-cr-00173

Brief for Appellant

U. S. Court of Appeals for the Ninth Circuit

Feb. 8, 2017

Feb. 8, 2017

Pleading / Motion / Brief
BL-34

8:14-cr-00173

Brief of Amici Curiae Electronic Frontier Foundation and American Civil Liberties Union in Support of Defendant-Appellant and Reversal

U. S. Court of Appeals for the Ninth Circuit

Feb. 15, 2017

Feb. 15, 2017

Pleading / Motion / Brief
BL-80

8:14-cr-00173

Rule 28(j) Letter Concerning HPSCI Memoranda

United States v. Keith Gartenlaub

U. S. Court of Appeals for the Ninth Circuit

Feb. 24, 2018

Feb. 24, 2018

Correspondence
BL-94

8:14-cr-00173

Memorandum

U. S. Court of Appeals for the Ninth Circuit

Oct. 2, 2018

Oct. 2, 2018

Order/Opinion

8:14-cr-00173

Petition for a Writ of Certiorari

Supreme Court of the United States

March 7, 2019

March 7, 2019

Pleading / Motion / Brief
1-1

2:20-cv-03711

Notice of Motion and Memorandum of Points and Authorities in Support of 28 U.S.C. § 2255 Habeas Corpus Petition

United States of America v. Gartenlaub

April 22, 2020

April 22, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4152118/united-states-v-gartenlaub/

Last updated Nov. 28, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed as to Defendant Keith Preson Gartenlaub in violation of 18:2252A(a)(5)(B). Approved by Magistrate Judge Jay C. Gandhi (mt)[8:14-mj-00320-DUTY]

Aug. 27, 2014

Aug. 27, 2014

RECAP
2

REPORT COMMENCING CRIMINAL ACTION as to Defendant Keith Preson Gartenlaub; defendants Year of Birth: 1968; date of arrest: 8/27/2014 (mt)[8:14-mj-00320-DUTY]

Aug. 27, 2014

Aug. 27, 2014

PACER
3

MINUTES OF INITIAL APPEARANCE ON LOCAL COMPLAINT held before Magistrate Judge Jay C. Gandhi as to Defendant Keith Preson Gartenlaub. Defendant arraigned and advised of the charges. Defendant states true name as charged. Attorney: Steven John Vondrak, Special appearance by Sara Naheedy for Keith Preson Gartenlaub, Retained, present. Government's request for detention is: CONTINUED. Preliminary Hearing waived. Post-Indictment Arraignment set for 9/29/2014 10:00 AM before Duty Magistrate Judge. Detention Hearing continued to 8/29/2014 02:00 PM before Magistrate Judge Jay C. Gandhi. Defendant committed to the custody of the U.S. Marshal. Also appearing in court on Defendant's behalf, Cindy Ianni. Court Smart: CS 8/27/14. (mt)[8:14-mj-00320-DUTY]

Aug. 27, 2014

Aug. 27, 2014

PACER
4

WAIVER of Preliminary Examination or Hearing by Defendant Keith Preson Gartenlaub (mt)[8:14-mj-00320-DUTY]

Aug. 27, 2014

Aug. 27, 2014

PACER
5

NOTICE OF REQUEST FOR DETENTION filed by Plaintiff USA as to Defendant Keith Preson Gartenlaub (mt)[8:14-mj-00320-DUTY]

Aug. 27, 2014

Aug. 27, 2014

RECAP
6

ORDER OF TEMPORARY DETENTION Pending Hearing Pursuant to Bail Reform Act by Magistrate Judge Jay C. Gandhi as to Defendant Keith Preson Gartenlaub. Pending hearing, the defendant shall be held in custody by the U. S. Marshal and produced for the hearing. Detention Hearing set for 8/29/2014 02:00 PM before Magistrate Judge Jay C. Gandhi. (mt)[8:14-mj-00320-DUTY]

Aug. 27, 2014

Aug. 27, 2014

RECAP
7

BRIEF Filed by Plaintiff USA as to Defendant Keith Preson Gartenlaub in Support of Request for Detention of Defendant Keith Preston Gartenlaub [5]; Declaration of Alex Yoo. (mt)[8:14-mj-00320-DUTY]

Aug. 27, 2014

Aug. 27, 2014

RECAP
8

NOTICE DIRECTING DEFENDANT TO APPEAR for Arraignment on Indictment/Information. Defendant Keith Preson Gartenlaub directed to appear on 9/29/2014 at 10:00 AM before the Duty Magistrate Judge. (mt)[8:14-mj-00320-DUTY]

Aug. 27, 2014

Aug. 27, 2014

PACER
9

NOTICE OF INTENT TO USE FOREIGN INTELLIGENCE SURVEILLANCE ACT INFORMATION filed by Plaintiff USA as to Defendant Keith Preson Gartenlaub (mt)[8:14-mj-00320-DUTY]

Aug. 27, 2014

Aug. 27, 2014

RECAP
10

MINUTES OF Review/Reconsideration of Bail/Detention Order - Bond Hearing held before Magistrate Judge Jay C. Gandhi as to Defendant Keith Preson Gartenlaub. Defendant's request for review / reconsideration of bail / detention order had and request is GRANTED. The Court Orders bail set: Keith Preson Gartenlaub (1) $400,000.00 SEE ATTACHED COPY OF CR-01 BOND FORM FOR CONDITIONS OF RELEASE. Request for Approval of Substitution of Counsel approved. Mark Werksman is now counsel for Defendant. Sara Naheedy relieved. Release Order Issued - Release No. 33956. Court Smart: CS 8/29/14. (mt)[8:14-mj-00320-DUTY]

Aug. 29, 2014

Aug. 29, 2014

PACER
11

PASSPORT RECEIPT from U. S. Pretrial Services as to Defendant Keith Preson Gartenlaub. USA passport was received on 8/29/2014. (mt)[8:14-mj-00320-DUTY]

Aug. 29, 2014

Aug. 29, 2014

PACER
12

REQUEST FOR APPROVAL OF SUBSTITUTION OF Attorney Mark Werksman in place of Attorney Sara Naheedy filed by Defendant Keith Preson Gartenlaub. (mt)[8:14-mj-00320-DUTY]

Aug. 29, 2014

Aug. 29, 2014

PACER
13

ORDER by Magistrate Judge Jay C. Gandhi as to Keith Preson Gartenlaub: Granting Request for Approval of Substitution of Attorney Mark J Werksman in place of Attorney Sara Naheedy [12]. (mt)[8:14-mj-00320-DUTY]

Aug. 29, 2014

Aug. 29, 2014

PACER
20

BOND AND CONDITIONS OF RELEASE filed as to Defendant Keith Preson Gartenlaub conditions of release: $325,000 Appearance Bond with cash deposit $25,000 (see attached for details) approved by Magistrate Judge Jay C. Gandhi. Release No. 33956. (mt)[8:14-mj-00320-DUTY]

Aug. 29, 2014

Aug. 29, 2014

PACER

FINANCIAL ENTRY as to Defendant Keith Preson Gartenlaub: Received $25,000.00 from TESS GARTENLAUB on 8/29/14. (jo) [8:14-mj-00320-DUTY]

Sept. 3, 2014

Sept. 3, 2014

PACER
14

ORDER ON PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE by Magistrate Judge Jay C. Gandhi as to Defendant Keith Preson Gartenlaub: Praying that the Court will Modify conditions of release to include: Defendant shall participate in mental health evaluation and/or counseling and/or treatment as directed by Pretrial Services. (mt) (Main Document 14 replaced on 10/9/2014) (lwag). Modified on 10/9/2014 to add missing pages(lwag).[8:14-mj-00320-DUTY]

Sept. 5, 2014

Sept. 5, 2014

PACER
22

REDACTED - AFFIDAVIT OF SURETIES (No Justification - Pursuant to Local Criminal Rule 46-5.2.8) in the amount of $$100,000 by surety: Ivan Gartenlaub for Bond and Conditions (CR-1), [21]. Filed by Defendant Keith Preson Gartenlaub (mt)[8:14-mj-00320-DUTY]

Sept. 5, 2014

Sept. 5, 2014

PACER
23

UNREDACTED AFFIDAVIT OF SURETIES filed by Defendant Keith Preson Gartenlaub re: Redacted Affidavit of Surety (No Justification)(CR-4), [22] (mt)[8:14-mj-00320-DUTY]

Sept. 5, 2014

Sept. 5, 2014

PACER
24

REDACTED - AFFIDAVIT OF SURETIES (No Justification - Pursuant to Local Criminal Rule 46-5.2.8) in the amount of $$100,000 by surety: Fred Gartenlaub for Bond and Conditions (CR-1), [21]. Filed by Defendant Keith Preson Gartenlaub (mt)[8:14-mj-00320-DUTY]

Sept. 5, 2014

Sept. 5, 2014

PACER
25

UNREDACTED AFFIDAVIT OF SURETIES filed by Defendant Keith Preson Gartenlaub re: Redacted Affidavit of Surety (No Justification)(CR-4), [24] (mt)[8:14-mj-00320-DUTY]

Sept. 5, 2014

Sept. 5, 2014

PACER
26

REDACTED - AFFIDAVIT OF SURETIES (No Justification - Pursuant to Local Criminal Rule 46-5.2.8) in the amount of $$25,000 by surety: Marshall Gartenlaub for Bond and Conditions (CR-1), [21]. Filed by Defendant Keith Preson Gartenlaub (mt)[8:14-mj-00320-DUTY]

Sept. 5, 2014

Sept. 5, 2014

PACER
27

UNREDACTED AFFIDAVIT OF SURETIES filed by Defendant Keith Preson Gartenlaub re: Redacted Affidavit of Surety (No Justification)(CR-4), [26] (mt)[8:14-mj-00320-DUTY]

Sept. 5, 2014

Sept. 5, 2014

PACER
28

REDACTED - AFFIDAVIT OF SURETIES (No Justification - Pursuant to Local Criminal Rule 46-5.2.8) in the amount of $$100,000 by surety: Tess Z Gartenlaub for Bond and Conditions (CR-1), [21]. Filed by Defendant Keith Preson Gartenlaub (mt)[8:14-mj-00320-DUTY]

Sept. 5, 2014

Sept. 5, 2014

PACER
29

UNREDACTED AFFIDAVIT OF SURETIES filed by Defendant Keith Preson Gartenlaub re: Redacted Affidavit of Surety (No Justification)(CR-4), [28] (mt)[8:14-mj-00320-DUTY]

Sept. 5, 2014

Sept. 5, 2014

PACER
15

STIPULATION for Modification of Conditions of Release filed by Defendant Keith Preson Gartenlaub (Attachments: # (1) Proposed Order to Modify Conditions of Pre-trial Release)(Werksman, Mark)[8:14-mj-00320-DUTY]

Sept. 11, 2014

Sept. 11, 2014

PACER
16

ORDER by Magistrate Judge Jay C. Gandhi as to Defendant Keith Preson Gartenlaub: Granting Stipulation to Modify Conditions of Defendant Keith Gartenlaub's Pretrial Release [15]. (mt)[8:14-mj-00320-DUTY]

Sept. 11, 2014

Sept. 11, 2014

PACER
17

NOTICE of Manual Filing of STIPULATION [PROPOSED] ORDER filed by Plaintiff USA as to Defendant Keith Preson Gartenlaub (Lewis, Anthony)[8:14-mj-00320-DUTY]

Sept. 18, 2014

Sept. 18, 2014

PACER
18

SEALED DOCUMENT RE STIPULATION RE: FILING OF INFORMATION OR INDICTMENT PURSUANT TO SPEEDY TRIAL ACT (mt) (Main Document 18 replaced on 9/23/2014) (mba).[8:14-mj-00320-DUTY]

Sept. 18, 2014

Sept. 18, 2014

PACER
19

SEALED DOCUMENT RE ORDER CONTINUING DATE BY WHICH INDICTMENT OR INFORMATION MUST BE FILED AND FINDINGS REGARDING EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT. (mt)[8:14-mj-00320-DUTY]

Sept. 18, 2014

Sept. 18, 2014

PACER
30

REDACTED - AFFIDAVIT OF SURETIES (No Justification - Pursuant to Local Criminal Rule 46-5.2.8) in the amount of $$50,000 by surety: Abraham J Shapiro for Bond and Conditions (CR-1), [21]. Filed by Defendant Keith Preson Gartenlaub (mt)[8:14-mj-00320-DUTY]

Sept. 22, 2014

Sept. 22, 2014

PACER
31

UNREDACTED AFFIDAVIT OF SURETIES filed by Defendant Keith Preson Gartenlaub re: Redacted Affidavit of Surety (No Justification)(CR-4), [30] (mt)[8:14-mj-00320-DUTY]

Sept. 22, 2014

Sept. 22, 2014

PACER
21

MODIFIED BOND AND CONDITIONS OF RELEASE filed as to Defendant Keith Preson Gartenlaub conditions of release: $400,000 Appearance Bond with cash deposit $25,000 (see attached for details) approved by Magistrate Judge Douglas F. McCormick. (mt)[8:14-mj-00320-DUTY]

Sept. 23, 2014

Sept. 23, 2014

PACER
33

UNREDACTED AFFIDAVIT OF SURETIES (Property) in the amount of $25,000 by surety: Abraham J Shapiro for Bond and Conditions (CR-1), [21] for property located at: 5415 S. Dover St. #102 Denver, Colorado 80123; Conformed copy of Deed of Trust 2014-113526; filed by Defendant Keith Preson Gartenlaub. Approved by Magistrate Judge Douglas F. McCormick. Affidavit of Surety (Property)(CR-3), [32] (mba)[8:14-mj-00320-DUTY]

Sept. 23, 2014

Sept. 23, 2014

PACER
32

REDACTED AFFIDAVIT OF SURETIES (Property) in the amount of $25,000 by surety: Abraham J Shapiro for Bond and Conditions (CR-1), [21] for property located at: 5415 S. Dover St. #102 Denver, Colorado 80123; Conformed copy of Deed of Trust 2014-113526; filed by Defendant Keith Preson Gartenlaub. Approved by Magistrate Judge Douglas F. McCormick. (mba)[8:14-mj-00320-DUTY]

Sept. 24, 2014

Sept. 24, 2014

PACER
34

STIPULATION to Continue Post Indictment Arraignment Hearing from October 27, 2014 at 10:00 a.m. to October 27, 2014 at 1:30 p.m. filed by Defendant Keith Preson Gartenlaub (Attachments: # (1) Proposed Order)(Werksman, Mark)[8:14-mj-00320-DUTY]

Oct. 20, 2014

Oct. 20, 2014

PACER
35

ORDER by Magistrate Judge Jay C. Gandhi as to Defendant Keith Preson Gartenlaub, granting Stipulation to Continue [34]. The hearings originally scheduled have been rescheduled. ( Post-Indictment Arraignment continued to 10/27/2014 02:00 PM before Magistrate Judge Jay C. Gandhi.) (twdb)[8:14-mj-00320-DUTY]

Oct. 21, 2014

Oct. 21, 2014

PACER
36

INDICTMENT Filed as to Keith Preson Gartenlaub (1) count(s) 1, 2. Offense occurred in Orange. (dg)

Oct. 23, 2014

Oct. 23, 2014

RECAP
37

CASE SUMMARY filed by AUSA Anthony J Lewis as to Defendant Keith Preson Gartenlaub; defendants Year of Birth: 1968 (dg)

Oct. 23, 2014

Oct. 23, 2014

RECAP
38

MEMORANDUM filed by Plaintiff USA as to Defendant Keith Preson Gartenlaub re Judge Andre Birotte, Jr and Michael Fitzgerald (dg)

Oct. 23, 2014

Oct. 23, 2014

PACER
39

MEMORANDUM filed by Plaintiff USA as to Defendant Keith Preson Gartenlaub re Magistrate Judges Jacqueline Chooljian, Patrick J. Walsh, Sheri Pym, Michael Wilner, Jean Rosenbluth, Alka Sagar and Douglas McCormick(dg)

Oct. 23, 2014

Oct. 23, 2014

PACER
40

MINUTES OF POST-INDICTMENT ARRAIGNMENT: held before Magistrate Judge Robert N. Block as to Defendant Keith Preston Gartenlaub (1) Count 1,2. Defendant arraigned, states true name: As charged. Attorney: Mark J Werksman, Retained present. Defendant entered not guilty plea to all counts as charged. Case assigned to Judge Christina A. Snyder. Jury Trial set for 12/16/2014 09:30 AM before Judge Christina A. Snyder. Status Conference set for 11/24/2014 01:30 PM before Judge Christina A. Snyder. Defendant and counsel are ordered to appear. Trial estimate: 3 days. Court Smart: CS 10/27/14. (mt)

Oct. 27, 2014

Oct. 27, 2014

PACER
41

DESIGNATION AND APPEARANCE OF COUNSEL; filed by Mark J Werksman appearing for Keith Preston Gartenlaub (mt)

Oct. 27, 2014

Oct. 27, 2014

PACER
46

STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Keith Preston Gartenlaub (lwag)

Oct. 27, 2014

Oct. 27, 2014

PACER
42

STIPULATION for Modification of Conditions of Release filed by Defendant Keith Preston Gartenlaub (Attachments: # (1) Proposed Order)(Werksman, Mark)

Nov. 3, 2014

Nov. 3, 2014

PACER
43

ORDER TO MODIFY CONDITIONS OF DEFENDANT KEITH GARTENLAUB'S PRETRIAL RELEASE by Judge Christina A. Snyder as to Defendant Keith Preston Gartenlaub. Upon Stipulation [42], IT IS HEREBY ORDERED that Defendant Keith Gartenlaub's conditions of pre-trial release shall be modified to allow for him to leave his home for job interviews and for employment. Any such job interviews and employment must be approved in advance by the United States Pre-Trial Services Office. All other terms and conditions of his release shall remain intact. (gk)

Nov. 4, 2014

Nov. 4, 2014

PACER
44

First STIPULATION to Continue Trial from December 16, 2014 to March 17, 2015 filed by Plaintiff USA as to Defendant Keith Preston Gartenlaub (Attachments: # (1) Proposed Order)(Lewis, Aaron)

Nov. 12, 2014

Nov. 12, 2014

PACER
45

ORDER CONTINUING TRIAL DATE AND FINDINGS REGARDING EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT by Judge Christina A. Snyder as to Defendant Keith Preston Gartenlaub. Jury Trial is continued to 3/17/2015 09:30 AM before Judge Christina A. Snyder. Status Conference/Motions Hearing is continued to 2/23/2015 01:30 PM before Judge Christina A. Snyder. (gk)

Nov. 13, 2014

Nov. 13, 2014

PACER
49

REPORT COMMENCING CRIMINAL ACTION as to Defendant Keith Preston Gartenlaub; defendants Year of Birth: 1968; date of arrest: 12/18/2014 (mt)

Dec. 18, 2014

Dec. 18, 2014

RECAP
50

MINUTES OF INITIAL APPEARANCE Re: REVOCATION OF PRETRIAL RELEASE held before Magistrate Judge Robert N. Block as to Defendant Keith Preston Gartenlaub. Defendant arraigned and advised of the charges. Attorney: Mark J Werksman, Special appearance by Nina Daly, Retained, present. Government's request for detention is: DENIED. PO/PSA WARRANT. Counsel are directed to contact the clerk for Christina A. Snyder for the setting of further proceedings. Court orders defendant to be re-released on the same terms and conditions of release of Bond set on 8/29/14 with one modification: No router allowed in the residence. This order is stayed for 24-hours. Court Smart: CS 12/18/14. (mt)

Dec. 18, 2014

Dec. 18, 2014

PACER
51

NOTICE OF REQUEST FOR DETENTION filed by Plaintiff USA as to Defendant Keith Preston Gartenlaub (mt)

Dec. 18, 2014

Dec. 18, 2014

PACER
52

Warrant of Arrest for violation of Order of Court Returned Executed as to Keith Preston Gartenlaub. (mt)

Dec. 18, 2014

Dec. 18, 2014

RECAP
53

MEMORANDUM FOR RELEASE ORDER AUTHORIZATION filed by PSA Officer as to Defendant Keith Preston Gartenlaub. Submitted in compliance with conditions as set forth in Initial Appearance - Revocation Proceedings [50]. (mt)

Dec. 19, 2014

Dec. 19, 2014

PACER
54

NOTICE of Manual Filing of (1) Ex Parte Application and Proposed Order Requesting Permission to File Motion to Quash Under Seal;MOTION TO QUASH SEARCH WARRANTS SA14-315M, SA14-316M, SA14-317M, SA14-318M; (2) Ex Parte Application and Proposed Order Requesting Permission to File FISA Motion Under Seal; MOTION FOR DISCLOSURE AND MOTION TO SUPPRESS; (3) Ex Parte Application and Proposed Order Requesting Permission to File Motion to Traverse Under Seal; MOTION TO TRAVERSE SEARCH WARRANTS SA14-315M, SA14-316M, SA14-317M, SA14-318M, AND REQUEST FOR FRANKS HEARING filed by Defendant Keith Preston Gartenlaub (Werksman, Mark)

Feb. 2, 2015

Feb. 2, 2015

RECAP
55

EX PARTE APPLICATION for Order for Permitting the Filing of an Oversized Brief Filed by Defendant Keith Preston Gartenlaub. (Attachments: # (1) Proposed Order Permitting the Filing of an Oversized Brief FISA) (Werksman, Mark)

Feb. 2, 2015

Feb. 2, 2015

PACER
56

EX PARTE APPLICATION for Order for Permitting the Filing of an Oversized Brief Filed by Defendant Keith Preston Gartenlaub. (Attachments: # (1) Proposed Order Permitting the Filing of an Oversized Brief FRANKS) (Werksman, Mark)

Feb. 2, 2015

Feb. 2, 2015

PACER
57

NOTICE of Manual Filing of 1. EX PARTE APPLICATION FOR ORDER PERMITTING THE FILING OF AN OVERSIZED BRIEF; DECLARATION OF MARK J. WERKSMAN; [PROPOSED] ORDER 2. EX PARTE APPLICATION REQUESTING PERMISSION TO FILE DEFENDANT KEITH GARTENLAUBS MOTION FOR DISCLOSURE OF FISA MATERIAL AND MEMORANDUM OF LAW TO SUPPRESS THE FRUITS OR DERIVATIVES OF ANY EVIDENCE COLLECTED PURSUANT TO FISA OR OTHER FOREIGN INTELLIGENCE GATHERING; DECLARATION OF MARK J. WERKSMAN; [PROPOSED] ORDER 3. EX PARTE APPLICATION FOR ORDER PERMITTING DEFENDANT KEITH GARTENLAUBS MOTION TO TRAVERSE SEARCH WARRANTS SA14-315M, SA14-316M, SA14-317M, SA14-318M,AND REQUEST FOR FRANKS HEARING filed by Defendant Keith Preston Gartenlaub (Werksman, Mark)

Feb. 2, 2015

Feb. 2, 2015

RECAP
58

NOTICE of Manual Filing of 1. DEFENDANT KEITH PRESTON GARTENLAUBS MOTION TO QUASH SEARCH WARRANTS SA14-315M, SA14-316M, SA14-317M, SA14-318M 2. EX PARTE APPLICATION REQUESTING PERMISSION TO FILE DEFENDANT KEITH GARTENLAUBS MOTION FOR DISCLOSURE OF FISA MATERIAL AND MEMORANDUM OF LAW TO SUPPRESS THE FRUITS OR DERIVATIVES OF ANY EVIDENCE COLLECTED PURSUANT TO FISA OR OTHER FOREIGN INTELLIGENCE GATHERING; [PROPOSED] ORDER 3. DEFENDANT KEITH GARTENLAUB'S MOTION TO TRAVERSE SEARCH WARRANTS SA14-315M, SA14-316M, SA14-317M, SA14-318M, AND REQUEST FOR FRANKS HEARING filed by Defendant Keith Preston Gartenlaub (Werksman, Mark)

Feb. 2, 2015

Feb. 2, 2015

PACER
65

SEALED DOCUMENT - EX PARTE APPLICATION for Order Permitting Defendant Keith Gartenlaub's Defendant Keith Preston Motion to Quash Search Warrants SA14-315M, SA14-316M, SA14-317M, SA14-318M; [Proposed] Order Under Seal. (gk) Modified on 2/13/2015 (gk).

Feb. 2, 2015

Feb. 2, 2015

PACER
68

SEALED DOCUMENT - EX PARTE APPLICATION Requesting Permission to File Defendant Keith Gartenlaub's Motion for Disclosure of FISA Material and Memorandum of Law to Suppress the Fruits or Derivatives of Any Evidence Collected Pursuant to FISA or Other Foreign Intelligence Gathering; Declaration of Mark J. Werksman; [Proposed] Order Under Seal. (gk) Modified on 2/13/2015 (gk).

Feb. 2, 2015

Feb. 2, 2015

PACER
71

SEALED DOCUMENT - EX PARTE APPLICATION for Order Permitting Defendant Keith Gartenlaub's Motion to Traverse Search Warrants SA14-315M, SA14-316M, SA14-317M, SA14-318M, and Request for Franks Hearing; Declaration of Mark J. Werksman; [Proposed] Order Under Seal. (gk)

Feb. 2, 2015

Feb. 2, 2015

PACER
64

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Christina A. Snyder, ORDERING (1) Ex Parte Application for Order Permitting Defendant Keith Gartenlaub's Defendant Keith Preston Motion to Quash Search Warrants SA14-315M, SA14-316M, SA15-317M, SA14-318M; Memorandum of P's & A's; Declaration of Mark J. Werksman; (2) Proposed Order; (3) Defendant Keith Preston Gartenlaub's Motion to Quash Search Warrants; (4) Ex Parte Application for Order Permitting Defendant Keth Gartenlaub's Motion to Traverse Search Warrants; (7) Defendant Keith Gartenlaub's Motion to Traverse Search Warrants; (8) Ex Parte Application Requesting Permission to File Defendant Keith Gartenlaub's Motion for Disclosure of FISA Material and Memo of Law to Suppress the Fruits or Derivative of Any Evidence Collected; (9) Proposed Order; (10) Notice of Motion; Motion for Disclosure of FISA Material and Memo of P's & A's submitted by Defendant Keith Preston Gartenlaub, received on 2/2/2015 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (gk)

Feb. 3, 2015

Feb. 3, 2015

PACER
66

SEALED DOCUMENT - ORDER GRANTING EX PARTE APPLICATION REQUESTING PERMISSION TO FILE DEFENDANT KEITH PRESTON GARTENLAUB'S MOTION TO QUASH SEARCH WARRANTS SA14-315M, SA14-316M, SA14-317M, SA14-318M. (gk)

Feb. 3, 2015

Feb. 3, 2015

PACER
67

SEALED DOCUMENT - DEFENDANT KEITH PRESTON GARTENLAUB'S MOTION to Quash Search Warrants SA14-315M, SA14-316M, SA14-317M, SA14-318M. (gk)

Feb. 3, 2015

Feb. 3, 2015

PACER
69

SEALED DOCUMENT - ORDER GRANTING EX PARTE APPLICATION REQUESTING PERMISSION TO FILE DEFENDANT KEITH GARTENLAUB'S MOTION FOR DISCLOSURE OF FISA MATERIAL AND MEMORANDUM OF LAW TO SUPPRESS THE FRUITS OR DERIVATIVES OF ANY EVIDENCE COLLECTED PURSUANT TO FISA OR OTHER - FOREIGN INTELLIGENCE GATHERING UNDER SEAL. (gk)

Feb. 3, 2015

Feb. 3, 2015

PACER
70

SEALED DOCUMENT - NOTICE OF MOTION; MOTION for Disclosure of FISA Material and Memorandum of Points and Authorities to Suppress the Fruits or Derivatives of Any Evidence Collected Pursuant to FISA or Other Foreign Intelligence Gathering. (gk)

Feb. 3, 2015

Feb. 3, 2015

PACER
72

SEALED DOCUMENT - ORDER GRANTING EX PARTE APPLICATION REQUESTING PERMISSION TO FILE DEFENDANT KEITH GARTENLAUB'S MOTION TO TRAVERSE SEARCH WARRANTS SA14-315M, SA14-316M, SA14-317M, SA14-318M,AND REQUEST FOR FRANKS HEARING; DECLARATION OF MARK J. WERKSMAN; [PROPOSED] ORDER UNDER SEAL. (gk)

Feb. 3, 2015

Feb. 3, 2015

PACER
73

SEALED DOCUMENT - DEFENDANT KEITH GARTENLAUB'S MOTION to Traverse Search Warrants SA14-315M, SA14-316M, SA14-317M, SA14-318M, and Request for Franks Hearing. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4)(gk)

Feb. 3, 2015

Feb. 3, 2015

PACER
59

ORDER by Judge Christina A. Snyder: granting [56] Ex Parte Application for Order for to File the following motion as an oversized brief: MOTION TO TRAVERSE SEARCH WARRANTS SA14- 315M, SA14-316M, SA14-317M, SA14-318M, AND REQUEST FOR FRANKS HEARING as to Keith Preston Gartenlaub (1) (pj)

Feb. 5, 2015

Feb. 5, 2015

PACER
60

ORDER by Judge Christina A. Snyder: granting [55] Ex Parte Application for Order for MOTION FOR DISCLOSURE OF FISA MATERIAL AND MEMORANDUM OF LAW TO SUPPRESS THE FRUITS OR DERIVATIVES OF ANY EVIDENCE COLLECTED PURSUANT TO FISA OR OTHER FOREIGN INTELLIGENCE GATHERING as to Keith Preston Gartenlaub (1) (pj)

Feb. 5, 2015

Feb. 5, 2015

RECAP
61

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION for Order for Permitting the Filing of an Oversized Brief [55]. The following error(s) was found: Local Rule 7-19.1 Notice to other parties of Ex Parte Application lacking. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (pj)

Feb. 5, 2015

Feb. 5, 2015

PACER
62

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION for Order for Permitting the Filing of an Oversized Brief [56]. The following error(s) was found: Local Rule 7-19.1 Notice to other parties of Ex Parte Application lacking. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (pj)

Feb. 5, 2015

Feb. 5, 2015

PACER
63

STIPULATION to Continue Trial from March 17, 2015 to September 29, 2015 filed by Plaintiff USA as to Defendant Keith Preston Gartenlaub (Attachments: # (1) Proposed Order)(Lewis, Aaron)

Feb. 10, 2015

Feb. 10, 2015

PACER
74

Notice of Appearance or Withdrawal of Counsel: for attorney Mark J Werksman counsel for Defendant Keith Preston Gartenlaub. Adding Kelly C Quinn as attorney as counsel of record for Keith Gartenlaub for the reason indicated in the G-123 Notice. Filed by defendant Keith Gartenlaub. (Werksman, Mark)

Feb. 18, 2015

Feb. 18, 2015

PACER
75

ORDER TO CONTINUE Trial by Jud ge Christina A. Snyder as to Defendant Keith Preston Gartenlaub. Trial set for 9/29/2015 09:30 AM before Judge Christina A. Snyder. Status Conference set for 9/8/2015 01:30 PM before Judge Christina A. Snyder. MOTIONS HEARING DATE:July 6, 2015, at 1:30 p.m. The governments oppositions to defendants (see attached for further details) (pj)

Feb. 18, 2015

Feb. 18, 2015

PACER
76

Notice of Appearance or Withdrawal of Counsel: for attorney Aaron Lewis counsel for Plaintiff USA. Aaron Lewis is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Aaron Lewis. (Lewis, Aaron)

March 13, 2015

March 13, 2015

PACER
77

SCHEDULING NOTICE CONTINUED by Judge Christina A. Snyder as to Defendant Keith Preston Gartenlaub, re: Order to Continue Trial, Change of Plea or Sentencing 75, previously scheduled for 9/8/2015 at 1:30 PM has been rescheduled to conform to Judge Snyder's scheduling. Status Conference/Motions In Limine Hearing is continued to 9/14/2015 at 1:30 PM before Judge Christina A. Snyder. Defendant is ordered to be present on 9/14/2015 at 1:30 P.M., unless advised otherwise by his attorney of record. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(cj) TEXT ONLY ENTRY (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER
78

NOTICE of Manual Filing of SEALING APP. and PROPOSED ORDER; OPPOSITION TO MOTIONS TO TRAVERSE & QUASH filed by Plaintiff USA as to Defendant Keith Preston Gartenlaub (Lewis, Anthony)

May 4, 2015

May 4, 2015

PACER
79

GOVERNMENT'S NOTICE OF FILING ATTORNEY GENERAL'S DECLARATION AND CLAIM OF PRIVILEGE filed by Plaintiff USA as to Defendant Keith Preston Gartenlaub (Lewis, Anthony)

May 4, 2015

May 4, 2015

RECAP
80

NOTICE of Manual Filing of CLASSIFIED OPPOSITION TO MOTION FOR DISCLOSURE AND SUPPRESSION OF FISA INFO filed by Plaintiff USA as to Defendant Keith Preston Gartenlaub (Lewis, Anthony)

May 4, 2015

May 4, 2015

PACER
81

EX PARTE APPLICATION for Order for PERMITTING FILING OF OVERSIZE UNCLASSIFIED BRIEF Filed by Plaintiff USA as to Defendant Keith Preston Gartenlaub. (Attachments: # (1) Proposed Order) (Lewis, Anthony)

May 4, 2015

May 4, 2015

PACER
82

MEMORANDUM in Opposition to MOTION for Disclosure of FISA Material MOTION to Suppress the Fruits or Derivatives of Any Evidence Collected[70], EX PARTE APPLICATION for Order for Requesting Permission to File Defendant Keith Gartenlaub's Motion for Disclosure of FISA Material and Memorandum of Law to Suppress the Fruits or Derivatives of Any Evidence Collected Pursuant to FISA or Other F[68], EX PARTE APPLICATION for Order for PERMITTING FILING OF OVERSIZE UNCLASSIFIED BRIEF [81] filed by Plaintiff USA as to Defendant KEITH PRESTON GARTENLAUB. (Lewis, Anthony)

May 4, 2015

May 4, 2015

RECAP
83

EX PARTE APPLICATION for Order for PERMITTING FILING OF OVERSIZE CLASSIFIED BRIEF Filed by Plaintiff USA as to Defendant Keith Preston Gartenlaub. (Attachments: # (1) Proposed Order) (Lewis, Anthony)

May 4, 2015

May 4, 2015

PACER
85

SEALED DOCUMENT-GOVERNMENT'S EX PARTE APPLICATION FOR ORDER PERMITTING FILING OF OVERSIZE BRIEF AND SEALING GOVERNMENT'S OPPOSITION TO DEFENDANT'S MOTIONS TO TRAVERSE AND QUASH SEARCH WARRANTS; DECLARATION OF ANTHONY J. LEWIS (pj)

May 5, 2015

May 5, 2015

PACER
86

SEALED DOCUMENT ORDER SEALING GOVERNMENT'S CONSOLIDATED OPPOSITION TO DEFENDANT'S MOTIONS TO TRAVERSE AND TO QUASH SEARCH WARRANTS AND PERMITTING FILING OF OVERSIZE BRIEF (pj)

May 5, 2015

May 5, 2015

PACER
87

SEALED DOCUMENT-GOVERNMENT'S CONSOLIDATED OPPOSITION TO DEFENDANT'S MOTION TO TRAVERSE AND TO QUASH SEARCH WARRANT (Attachments: # (1) Part 2, # (2) Part 3)(pj)

May 5, 2015

May 5, 2015

PACER
88

ORDER PERMITTING FILING OF OVERSIZED CLASSIFIED BRIEF [83] by Judge Christina A. Snyder. IT IS HEREBY ORDERED THAT: The government may file the Government's Classified Memorandum in Opposition to Defendant's Motion for Disclosure of FISA Material and Memorandum of Point and Authorities to Suppress the Fruits or Derivatives of Any Evidence Collected Pursuant to FISA or Other Foreign Intelligence Gathering in excess of 25 pages. (es)

May 5, 2015

May 5, 2015

PACER
89

ORDER PERMITTING FILING OF OVERSIZE UNCLASSIFIED BRIEF [81] by Judge Christina A. Snyder. IT IS HEREBY ORDERED THAT: The government may file the Government's Unclassified Memorandum in Opposition to Defendant's Motion for Disclosure of FISA Material and Memorandum of Point and Authorities to Suppress the Fruits or Derivatives of Any Evidence Collected Pursuant to FISA or Other Foreign Intelligence Gathering in excess of 25 pages. (es)

May 5, 2015

May 5, 2015

PACER
84

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Government's Unclassified Memorandum in Opposition to Defendant's Motion for Disclosure of FISA Material and Memorandum of Points and Authorities to Suppress the Fruits or Derivatives of Any Evidence Collected Pursuant to FISA or Any Other Foreign Intelligence Gathering filed 5/4/2015 [82]. The following error(s) was found: Local Rule 11-6 Memorandum/brief exceeds 25 pages. This document tendered for the judge's approval should have been submitted as a separate PDF attachment to the concurrently submitted Ex Parte Application for an order Permitting Filing of Oversize Unclassified Brief, document number 81, or a Notice of Lodging. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk)

May 6, 2015

May 6, 2015

PACER
90

NOTICE of Manual Filing of Def's Ex Parte App. Req. Permission to file Def's Reply to Govt's Opp. to Def's Mtn. for disclosure of Fisa Material; [Proposed] Order; Deft's Reply to Govt's Opp to Deft's Mtn. for Disclosre of Fisa Material and Memorandum of :Points and Authorities to Suppres the Fruits of Derivatives of any Evidence Collected Pursuant to Fisa or Other Foreging Intelligence Gathering; Dec. of Mark J. Werksman; Ex Parte App for Permission to file Oversized Brief; [Proposed] Order filed by Defendant Keith Preston Gartenlaub (Werksman, Mark)

June 8, 2015

June 8, 2015

PACER
91

NOTICE of Manual Filing of 1. Defendants Ex Parte Application for Order Requesting Permission to File Defendant Keith Gartenlaubs Reply to Governments Consolidated Opposition to Defendants Motion to Traverse Search Warrants SA14-315M, SA14-316M, SA14-317M, Sa14-318M, and Request for Franks Hearing; Under Seal; 2. [Proposed] Order; 3. Defendant Keith Gartenlaubs Reply to Governments Consolidated Opposition to Defendants Motion to Traverse Search Warrants SA14-315M, SA14-316M, SA14-317M, Sa14-318M, and Request for Franks Hearing; Under Seal; 4. Defendants Ex Parte Application for Order Requesting Permission to File Oversized Brief of Keith Gartenlaubs Reply to Governments Consolidated Opposition to Defendants Motion to Traverse Search Warrants SA14-315M, SA14-316M, SA14-317M, SA14-318M, and Request for Franks Hearing; Declaration of Mark J. Werksman; 5. [Proposed] Order Under Seal filed by Defendant Keith Preston Gartenlaub (Werksman, Mark)

June 8, 2015

June 8, 2015

PACER
92

NOTICE of Manual Filing of 1. Defendants Ex Parte Application Requesting Permission to File Defendant Keith Gartenlaubs Reply to Governments Consolidated Opposition to Defendants Motion to Quash Search Warrants SA14-315M, SA14-316M, SA14-317M, SA14-318M Under Seal; 2. [Proposed] Order Under Seal; 3. Reply to Government's Consolidated Opposition to Defendant's Motion to Quash Search Warrants SA14-315M, SA14-316M, SA14-317M, Sa14-318M Under Seal filed by Defendant Keith Preston Gartenlaub (Werksman, Mark)

June 8, 2015

June 8, 2015

PACER
93

SEALED DOCUMENT-EXPARTE APPLICATION FOR ORDER REQUESTING PERMISSION TO FILE OVERSIZED BRIEF OF KEITH GARTENLAUBS REPLY TO GOVERNMENTS CONSOLIDATED OPPOSITION TO DEFENDANTS MOTION TO TRAVERSE SEARCH WARRANTS SA14-315M, SA14-316M9 SA14- 317M, SA14-318M, AND REQUEST FOR FRANKS HEARING; DECLARATION OF MARK J. WERKSMAN; [PROPOSED] ORDER (pj)

June 9, 2015

June 9, 2015

PACER
94

SEALED DOCUMENT-ORDER (pj)

June 9, 2015

June 9, 2015

PACER
95

DEFENDANTS EX PARTEAPPLICATION FOR ORDERSEALED DOCUMENT-REQUESTING PERMISSION TO FILE DEFENDANT KEITH GARTENLAUBS REPLY TO GOVERNMENTS CONSOLIDATED OPPOSITION TO DEFENDANTS MOTION TO TRAVERSE SEARCH WARRANTS SA14-315M, SA14-316M, SA14- 317M, SA14-318M, AND REQUEST. FOR FRANKS HEARING; [PROPOSED] ORDER UNDER (pj)

June 9, 2015

June 9, 2015

PACER
96

SEALED DOCUMENT-ORDER (pj)

June 9, 2015

June 9, 2015

PACER
97

SEALED DOCUMENT-REPLY TO GOVERNMENT'S CONSOLIDATION OPPOSITION TO DEFENDANT'S MOTION for Traverse Search Warrants SA14-315M, SA14-316M, SA14-317M, SA14-318M, and Request for Franks Hearing[73] (pj)

June 9, 2015

June 9, 2015

PACER
98

SEALED DOCUMENT-EX PARTE APPLICATION FOR ORDER REQUESTINGPERMISSION TO FILE OVERSIZED BRIEF OF DEFENDANT KEITH GARTENLAUBS REPLY TO GOVERNMENTS OPPOSITION TO DEFENDANTS MOTION FOR DISCLOSURE OF FISA MATERIAL AND MEMORANDUM OF POINT AND AUTHORITIES TO SUPPRESS THE FRUITS OR DERIVATIVES OF ANY EVIDENCE COLLECTED PURSUANT TO FISA OR OTHER FOREGOING INTELLIGENCE GATHERING; DECLARATION OF MARK J. WERKSMAN; [PROPOSED] ORDER (pj)

June 9, 2015

June 9, 2015

PACER
99

SEALED DOCUMENT-ORDER (pj)

June 9, 2015

June 9, 2015

PACER
100

SEALED DOCUMENT-DEFENDANTS EX FARTE APPLICATION FOR ORDER REQUESTING PERMISSION TO FILE DEFENDANT KEITH GARTENLAUBS REPLY TO GOVERNMENTS OPPOSTION TO DEFENDANTS MOTION FOR DISCLOSURE OF FISAMATERIAL AND MEMORANDUM OF POINTS AND AUTHORITIES TO SUPPRESS THE FRUITS OR DERIVATIVES OF ANY EVIDENCE COLLECTED PURSUANT TO FISA OR OTHER FOREIGN INTELLIGENCE GATHERING; DECLARATION OF MARK J. WERKSMAN; [PROPOSED] ORDER (pj)

June 9, 2015

June 9, 2015

PACER
101

SEALED DOCUMENT-ORDER UNDER SEAL (pj)

June 9, 2015

June 9, 2015

PACER

Case Details

State / Territory: California

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Criminal cases challenging FISA surveillance

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 27, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is the United States of America.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Keith Gartenlaub, Private Entity/Person

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

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

Constitutional Clause(s):

Unreasonable search and seizure

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Criminal Conviction

Source of Relief:

Litigation

Amount Defendant Pays: $3,430

Issues

General:

Search policies

Terrorism/Post 9-11 issues