Case: Electronic Frontier Foundation v. Department of Justice

1:14-cv-00760 | U.S. District Court for the District of Columbia

Filed Date: May 1, 2014

Closed Date: 2016

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Case Summary

On May 1, 2014, the Electronic Frontier Foundation (EFF), an international non-profit digital rights group, filed this lawsuit in the United States District Court for the District of Columbia. The plaintiff sued the Department of Justice (DOJ) under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The EFF, representing itself, sought the expedited processing and release of records requested from the DOJ and the National Security Division (NSD). The EFF claimed that the requested records concerned an actual or alleged federal government activity about which there is an urgency to inform the public, and that the requests were made by a person primarily engaged in disseminating information. Specifically, the EFF claimed that the requested records also involved a matter of widespread and exceptional media interest, with possible questions about the governments’ integrity, and thereby affected public confidence. The case was assigned to Judge Rosemary M. Collyer.

The DOJ responded on June 2, 2014, and generally denied any and all allegations. The DOJ noted that there has been an ongoing public debate about the government’s foreign intelligence collection pursuant to the Foreign Intelligence Surveillance Act, as amended (“FISA”), and that there is legislation pending in Congress.

On August 1, the EFF filed for a preliminary injunction and sought an order requiring the DOJ to expedite the processing of the four FOIA requests DOJ-NSD and to complete the processing and release of all records within 10 days. The four requests were: (1) August 23, 2013 request seeking disclosure of two Foreign Intelligence Surveillance Court (FISC) opinions; (2) October 31, 2013 request seeking disclosure of two FISC opinions and associated documents; (3) (3) February 24, 2014 request seeking disclosure of any still secret Foreign Intelligence Court of Review (FISCR) decisions and any opinion and orders of the U.S. Supreme Court in any matter appealed from the FISCR; and (4) March 14, 2014 request seeking disclosure of three separate FISC opinions and related documents.

In response, the DOJ submitted a 22-page memorandum of law on August 8, 2014, arguing that: (1) the EFF is unlikely to succeed on the merits of its claim that the DOJ failed to expedite the processing of the four FOIA requests; (2) the EFF has not demonstrated that it will suffer irreparable harm in the absence of a mandatory injunction; (3) the mandatory emergency injunction that EEF sought would harm the public interest; and (4) EFF’s requested mandatory injunction is improper because it would afford them full relief, not intermediate relief. It appears that the DOJ produced various documents, and EFF withdrew most of its requests. On September 5, 2014, the EFF withdrew its request for preliminary injunction, and the Court granted the EFF’s request to a firm schedule for agency determinations on its FOIA requests.

On October 30, 2015, the court noted in its opinion that at this point, EFF challenged only the withholding of one single document (a specific FISC opinion). The court denied the EFF’s request on the grounds that it is exempt from disclosure because the opinion is properly classified and because its disclosure is prohibited by statute. The court referenced a related FOIA suit also involving EFF and the release of a FISC opinion (Electronic Frontier Foundation v. DOJ, 57 F. Supp. 3d 54 (D.D.C. 2014)), whereby Judge Amy Berman Jackson held that the DOJ properly withheld the FISC opinion because the information was classified and exempt from disclosure under FOIA. Summary judgement was entered in favor of the DOJ. 141 F.Supp.3d 51. 2015; U.S. Dist. LEXIS 147182.

The EFF filed an appeal to United States Court of Appeals for the District of Columbia Circuit on December 30, 2015.

On January 12, 2016 the EFF requested the district court to reconsider its judgement, arguing that the USA FREEDOM Act of 2015, Pub. L. No. 114-23, 129 Stat. 268 (2015), enacted on June 2, 2015, rendered the government’s classification decision improper. The EFF referred specifically to Section 402 of USA Freedom, now codified at 50 U.S.C. § 1872. EFF argued that the DOJ’s exemption claims are inconsistent with the requirements of USA FREEDOM, for (1) the withheld opinion contains a significant interpretation of 50 U.S.C. § 1809, and (2) because the withheld opinion can no longer be ‘validly’ classified in full, the exemption invoked by the DOJ cannot apply. On February 16, 2015, EFF withdrew the motion for reconsideration subsequent to receiving the Government’s view that Section 402 of the USA FREEDOM Act applies only prospectively to significant decisions of the FISC.

During the same period, on January 29, 2016, the EFF submitted to the appellate court a statement of issues, within which it questioned whether the district court erred in ruling that the DOJ was not obligated under the FOIA to disclose a responsive, requested record here the agency failed to establish that the record was properly withheld in its entirety under FOIA Exemptions 1 and 3.

On April 8, 2016, EFF moved to voluntarily dismiss the appeal, as the FISC opinion it sought had become publicly available. The court clerk ordered the case as dismissed on April 27, 2016. 2016 WL 3041648.

The case is closed.

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Summary Authors

Dawn Lui (11/2/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4212700/parties/electronic-frontier-foundation-v-department-of-justice/

Judge(s)

Collyer, Rosemary M. (District of Columbia)

Attorney for Plaintiff

Cardozo, Nathan (California)

Lynch, Jennifer (California)

Attorney for Defendant

Delery, Stuart F. (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Judge(s)

Collyer, Rosemary M. (District of Columbia)

Attorney for Plaintiff

Cardozo, Nathan (California)

Lynch, Jennifer (California)

Rumold, Mark Thomas (California)

Sobel, David L. (District of Columbia)

Attorney for Defendant

Delery, Stuart F. (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Mizer, Benjamin C. (District of Columbia)

Patton, Rodney (District of Columbia)

Shapiro, Elizabeth J. (District of Columbia)

Snead, Jacqueline E. Coleman (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:14-cv-00760	Docket [PACER]	April 27, 2016	April 27, 2016 Docket
1 1:14-cv-00760	Complaint for Injunctive Relief	May 1, 2014	May 1, 2014 Complaint
9 1:14-cv-00760	Defendant's Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction	Aug. 8, 2014	Aug. 8, 2014 Pleading / Motion / Brief
22 1:14-cv-00760	Opinion	Oct. 30, 2015	Oct. 30, 2015 Order/Opinion 141 F.Supp.3d 141
2 1:14-cv-00760 15-05346	Notice of Appeal Electronic Frontier Foundation v. Department Of Justice U.S. Court of Appeals for the District of Columbia Circuit	Dec. 24, 2015	Dec. 24, 2015 Notice Letter
13 1:14-cv-00760 15-05346	Underlying Decision From Which This Appeal Arises Electronic Frontier Found. v. Department Of Justice U.S. Court of Appeals for the District of Columbia Circuit	Jan. 29, 2016	Jan. 29, 2016 Order/Opinion 141 F.Supp.3d 141
19 15-05346	Appellant's Unopposed Motion to Voluntarily Dismiss Appeal U.S. Court of Appeals for the District of Columbia Circuit	April 8, 2016	April 8, 2016 Pleading / Motion / Brief
21 15-05346	Order U.S. Court of Appeals for the District of Columbia Circuit	April 27, 2016	April 27, 2016 Order/Opinion 2016 WL 2016

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4212700/electronic-frontier-foundation-v-department-of-justice/

Last updated April 5, 2024, 3:13 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Injuncitve Relief against All Defendants DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-3702791) filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons Dept. of Justice, # 4 Summons US Attorneys Office)(Sobel, David) (Entered: 05/01/2014) 1 Civil Cover Sheet View on RECAP 2 Summons Attorney General View on RECAP 3 Summons Dept. of Justice View on PACER 4 Summons US Attorneys Office View on PACER	May 1, 2014	May 1, 2014 RECAP
2	NOTICE OF RELATED CASE by ELECTRONIC FRONTIER FOUNDATION. Case related to Case No. 12-cv-1441. (Sobel, David) (Entered: 05/01/2014)	May 1, 2014	May 1, 2014 PACER
3	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC FRONTIER FOUNDATION (Sobel, David) (Entered: 05/01/2014)	May 1, 2014	May 1, 2014 PACER
	Case Assigned to Judge Amy Berman Jackson. (sth, )	May 1, 2014	May 1, 2014 PACER
4	SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth, ) (Entered: 05/01/2014) 1 Summons View on PACER 2 Summons View on PACER 3 Summons View on PACER	May 1, 2014	May 1, 2014 PACER
5	ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Coleman Snead, Jacqueline) (Entered: 06/02/2014)	June 2, 2014	June 2, 2014 PACER
6	RESPONSE re 2 Notice of Related Case and Objection to Designation filed by DEPARTMENT OF JUSTICE. (Coleman Snead, Jacqueline) (Entered: 06/02/2014)	June 2, 2014	June 2, 2014 PACER
7	Case randomly reassigned to Judge Rosemary M. Collyer, as case is not related to 12cv1441. Judge Amy Berman Jackson no longer assigned to the case. (gt, ) (Entered: 06/04/2014)	June 4, 2014	June 4, 2014 RECAP
8	MOTION for Preliminary Injunction by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Memorandum in Support of Motion for Preliminary Injunction, # 2 Declaration of David Sobel, # 3 Exhibit #1 to Decl. of David Sobel, # 4 Exhibit #2 to Decl. of David Sobel, # 5 Exhibit #3 to Decl. of David Sobel, # 6 Exhibit #4 to Decl. of David Sobel, # 7 Exhibit #5 to Decl. of David Sobel, # 8 Exhibit #6 to Decl. of David Sobel, # 9 Exhibit #7 to Decl. of David Sobel, # 10 Text of Proposed Order)(Sobel, David) (Entered: 08/01/2014) 1 Memorandum in Support of Motion for Preliminary Injunction View on RECAP 2 Declaration of David Sobel View on RECAP 3 Exhibit #1 to Decl. of David Sobel View on PACER 4 Exhibit #2 to Decl. of David Sobel View on PACER 5 Exhibit #3 to Decl. of David Sobel View on PACER 6 Exhibit #4 to Decl. of David Sobel View on PACER 7 Exhibit #5 to Decl. of David Sobel View on PACER 8 Exhibit #6 to Decl. of David Sobel View on PACER 9 Exhibit #7 to Decl. of David Sobel View on PACER 10 Text of Proposed Order View on RECAP	Aug. 1, 2014	Aug. 1, 2014 RECAP
9	Memorandum in opposition to re 8 MOTION for Preliminary Injunction filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Coleman Snead, Jacqueline) (Entered: 08/08/2014)	Aug. 8, 2014	Aug. 8, 2014 PACER
	Set/Reset Deadlines/Hearings: Preliminary Injunction Hearing set for 9/3/2014 at 2:00 PM in Courtroom 8 before Judge Rosemary M. Collyer. (cdw)	Aug. 12, 2014	Aug. 12, 2014 PACER
10	REPLY to opposition to motion re 8 MOTION for Preliminary Injunction filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Exhibit A)(Sobel, David) (Entered: 08/14/2014)	Aug. 14, 2014	Aug. 14, 2014 PACER
	Minute Entry for proceedings held before Judge Rosemary M. Collyer: Preliminary Injunction Hearing held on 9/3/2014. Motion 8 for Preliminary Injunction, heard and taken under advisement. Status Conference set for 11/5/2014 at 12:15 PM in Courtroom 8 before Judge Rosemary M. Collyer. (Court Reporter: Crystal Pilgrim) (cdw)	Sept. 3, 2014	Sept. 3, 2014 PACER
	MINUTE ORDER. At the hearing on September 3, 2014, Plaintiff withdrew its request for a preliminary injunction and requested a firm schedule for agency determinations on its FOIA requests. Plaintiff's motion for preliminary injunction 8 is thus denied as moot. The Court GRANTS Plaintiff's motion to set a schedule. DOJ shall issue a partial determination on the 8/23/13 and 2/24/14 FOIA Requests by September 5, 2014, and shall forthwith produce records, if production is applicable. DOJ shall make a final determination on the 8/23/13 and 2/24/14 FOIA Requests by November 3, 2014, and shall produce records, if production is applicable. DOJ shall issue rolling responses on the 10/31/13 and 3/14/14 FOIA Requests on December 8, 2014; January 26, 2015; and March 2, 2015, whereby it issues a determination and produces records, if production is applicable and so long as doing so would not release an incomplete document. Each of DOJ's rolling responses shall be as to one-third of the requested pages. A status conference is scheduled for November 5, 2014 at 12:15 p.m. in Courtroom 8. Signed by Judge Rosemary M. Collyer on 9/5/2014. (KD)	Sept. 5, 2014	Sept. 5, 2014 PACER
11	NOTICE of Change of Address by David L. Sobel (Sobel, David) (Entered: 09/10/2014)	Sept. 10, 2014	Sept. 10, 2014 PACER
	MINUTE ORDER setting a status conference on February 9, 2015 at 10:45 a.m. Signed by Judge Rosemary M. Collyer on 11/5/2014. (KD)	Nov. 5, 2014	Nov. 5, 2014 PACER
	Minute Entry for proceedings held before Judge Rosemary M. Collyer: Status Conference held on 11/5/2014. (Court Reporter Crystal Pilgrim.) (cdw)	Nov. 5, 2014	Nov. 5, 2014 PACER
12	Consent MOTION for Extension of Time to Provide Interim, Partial FOIA Response by DEPARTMENT OF JUSTICE (Coleman Snead, Jacqueline) (Entered: 12/05/2014)	Dec. 5, 2014	Dec. 5, 2014 RECAP
	MINUTE ORDER granting 12 Defendant's consent Motion for Extension of Time. By Decmber 15, 2014, the Government shall provide its next interim response to FOIA Requests dated 10/31/13 and 3/14/14. Signed by Judge Rosemary M. Collyer on 12/8/2014. (KD)	Dec. 8, 2014	Dec. 8, 2014 PACER
	Set/Reset Deadlines/Hearings: Interim response to FOIA Requests dated 10/31/13 and 3/14/14 due by 12/15/2014. (cdw)	Dec. 8, 2014	Dec. 8, 2014 PACER
	Set/Reset Deadlines/Hearings: Status Conference reset for 2/12/2015 at 11:00 AM in Courtroom 8 before Judge Rosemary M. Collyer. (cdw)	Feb. 4, 2015	Feb. 4, 2015 PACER
	Minute Entry for proceedings held before Judge Rosemary M. Collyer: Status Conference held on 2/12/2015. (Court Reporter: Crystal Pilgrim) (cdw)	Feb. 12, 2015	Feb. 12, 2015 PACER
	MINUTE ORDER setting status conference on March 16, 2015 at 10:15 a.m. in Courtroom 8. The parties shall file a joint proposed dispositive motion briefing schedule no later than March 12, 2015. Signed by Judge Rosemary M. Collyer on 2/12/2015. (KD)	Feb. 12, 2015	Feb. 12, 2015 PACER
	Set/Reset Deadlines/Hearings: Joint proposed dispositive motion briefing schedule due by 3/12/2015. Status Conference set for 3/16/2015 at 10:15 AM in Courtroom 8 before Judge Rosemary M. Collyer. (cdw)	Feb. 12, 2015	Feb. 12, 2015 PACER
13	MOTION for Extension of Time to Complete FOIA Processing by DEPARTMENT OF JUSTICE (Coleman Snead, Jacqueline) (Entered: 03/04/2015)	March 4, 2015	March 4, 2015 PACER
	MINUTE ORDER granting 13 Defendant's Motion for Extension of Time nunc pro tunc to March 2, 2015. Defendant shall complete the processing of Plaintiff's March 14, 2014 FOIA request by March 6, 2015. Signed by Judge Rosemary M. Collyer on 3/10/2015. (KD)	March 10, 2015	March 10, 2015 PACER
14	NOTICE - Joint Proposed Dispositive Motion Briefing Schedule by ELECTRONIC FRONTIER FOUNDATION (Sobel, David) (Entered: 03/12/2015)	March 12, 2015	March 12, 2015 PACER
	MINUTE ORDER setting briefing schedule. Defendant's motion for summary judgment is due May 1, 2015; Plaintiff's opposition/cross motion is due June 1, 2015; Defendant's reply/opposition is due July 1, 2015; Plaintiff's reply is due July 15, 2015. Signed by Judge Rosemary M. Collyer on 3/16/2015. (KD)	March 16, 2015	March 16, 2015 PACER
	Minute Entry for proceedings held before Judge Rosemary M. Collyer: Status Conference held on 3/16/2015. (Court Reporter Crystal Pilgrim) (cdw)	March 16, 2015	March 16, 2015 PACER
	Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 5/1/2015. Response to Motion for Summary Judgment due by 6/1/2015. Reply to Motion for Summary Judgment due by 7/1/2015. Plaintiff's Cross Motion due by 6/1/2015. Response to Cross Motion due by 7/1/2015. Reply to Cross Motion due by 7/15/2015. (cdw)	March 16, 2015	March 16, 2015 PACER
15	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statment of Undisputed Facts, # 3 Declaration Susan Kim, # 4 Declaration David Sherman, # 5 Declaration David Hardy, # 6 Notice of Classified Filing)(Coleman Snead, Jacqueline) Modified on 5/4/2015 (rdj). (Entered: 05/01/2015) 1 Memorandum in Support View on RECAP 2 Statment of Undisputed Facts View on PACER 3 Declaration Susan Kim View on PACER 4 Declaration David Sherman View on RECAP 5 Declaration David Hardy View on RECAP 6 Notice of Classified Filing View on PACER	May 1, 2015	May 1, 2015 PACER
16	Memorandum in opposition to re 15 MOTION for Summary Judgment filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sobel, David) (Entered: 06/01/2015) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Statement of Facts View on PACER 4 Text of Proposed Order View on PACER	June 1, 2015	June 1, 2015 RECAP
17	Cross MOTION for Partial Summary Judgment by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sobel, David) (Entered: 06/01/2015) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Statement of Facts View on RECAP 4 Text of Proposed Order View on PACER	June 1, 2015	June 1, 2015 RECAP
18	REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Notice of Classified Filing)(Coleman Snead, Jacqueline) (Entered: 07/01/2015) 1 Notice of Classified Filing View on PACER	July 1, 2015	July 1, 2015 RECAP
19	Memorandum in opposition to re 17 Cross MOTION for Partial Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Counterstatement of Facts, # 2 Notice of Classified Filing)(Coleman Snead, Jacqueline) (Entered: 07/01/2015) 1 Counterstatement of Facts View on RECAP 2 Notice of Classified Filing View on RECAP	July 1, 2015	July 1, 2015 PACER
20	REPLY to opposition to motion re 17 Cross MOTION for Partial Summary Judgment filed by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 07/15/2015)	July 15, 2015	July 15, 2015 RECAP
21	NOTICE of Appearance by Rodney Patton on behalf of DEPARTMENT OF JUSTICE (Patton, Rodney) (Entered: 08/21/2015)	Aug. 21, 2015	Aug. 21, 2015 PACER
22	MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 10/30/2015. (KD) (Entered: 10/30/2015)	Oct. 30, 2015	Oct. 30, 2015 RECAP
23	ORDER granting 15 Defendant's Motion for Summary Judgment; denying 17 Plaintiff's Motion for Partial Summary Judgment; Judgment is entered in favor of Defendant. This case is closed. Signed by Judge Rosemary M. Collyer on 10/30/2015. (KD) (Entered: 10/30/2015)	Oct. 30, 2015	Oct. 30, 2015 RECAP
24	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 23 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, 22 Memorandum & Opinion by ELECTRONIC FRONTIER FOUNDATION. Filing fee $ 505, receipt number 0090-4360913. Fee Status: Fee Paid. Parties have been notified. (Sobel, David) (Entered: 12/24/2015)	Dec. 24, 2015	Dec. 24, 2015 PACER
25	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 24 Notice of Appeal to DC Circuit Court. (zrdj) (Entered: 12/28/2015)	Dec. 28, 2015	Dec. 28, 2015 PACER
	USCA Case Number 15-5346 for 24 Notice of Appeal to DC Circuit Court, filed by ELECTRONIC FRONTIER FOUNDATION. (zrdj)	Dec. 30, 2015	Dec. 30, 2015 PACER
26	WITHDRAWN PURSUANT TO NOTICE FILED 2/16/2016.....MOTION for Reconsideration re 23 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, 22 Memorandum & Opinion by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Declaration of David L. Sobel, # 2 Exhibit A to Sobel Decl., # 3 Exhibit B to Sobel Decl., # 4 Exhibit C to Sobel Decl., # 5 Exhibit D to Sobel Decl.)(Sobel, David) Modified on 2/16/2016 (zrdj). (Entered: 01/12/2016) 1 Declaration of David L. Sobel View on PACER 2 Exhibit A to Sobel Decl. View on PACER 3 Exhibit B to Sobel Decl. View on PACER 4 Exhibit C to Sobel Decl. View on PACER 5 Exhibit D to Sobel Decl. View on PACER	Jan. 12, 2016	Jan. 12, 2016 RECAP
27	Unopposed MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Reconsideration re 23 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, 22 Memorandum & Opinion by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Patton, Rodney) (Entered: 01/25/2016)	Jan. 25, 2016	Jan. 25, 2016 PACER
	MINUTE ORDER granting 27 Motion for Extension of Time re 26 MOTION for Reconsideration. Response due by 2/5/2016. Reply due by 2/22/2016. Signed by Judge Rosemary M. Collyer on 1/27/2016. (KD)	Jan. 27, 2016	Jan. 27, 2016 PACER
	Set/Reset Deadlines: Response due by 2/5/2016. Reply due by 2/22/2016. (tb)	Jan. 28, 2016	Jan. 28, 2016 PACER
28	Memorandum in opposition to re 26 MOTION for Reconsideration re 23 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, 22 Memorandum & Opinion filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Patton, Rodney) (Entered: 02/05/2016) 1 Text of Proposed Order View on PACER	Feb. 5, 2016	Feb. 5, 2016 RECAP
29	NOTICE OF WITHDRAWAL OF MOTION by ELECTRONIC FRONTIER FOUNDATION re 26 MOTION for Reconsideration re 23 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, 22 Memorandum & Opinion (Sobel, David) (Entered: 02/16/2016)	Feb. 16, 2016	Feb. 16, 2016 RECAP
30	ORDER of USCA (certified copy) ORDERED that the motion be granted, and this case is hereby dismissed as to 24 Notice of Appeal to DC Circuit Court, filed by ELECTRONIC FRONTIER FOUNDATION. USCA Case Number 15-5346. (zrdj) (Entered: 04/28/2016)	April 27, 2016	April 27, 2016 PACER