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Case TitleElectronic Frontier Foundation v. Department of Defense et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2009cv05640
Date Filed2009-12-01
Date Closed2013-03-18
JudgeHon. Susan Illston
PlaintiffElectronic Frontier Foundation
DefendantDepartment of Defense
DefendantDepartment of Defense
TERMINATED: 01/25/2011
DefendantCentral Intelligence Agency
DefendantCentral Intelligence Agency
TERMINATED: 01/25/2011
DefendantDepartment of Homeland Security
DefendantDepartment of Justice
DefendantDepartment of Treasury
DefendantDepartment of Treasury
TERMINATED: 01/25/2011
DefendantOffice of the Director of National Intelligence
DefendantOffice of the Director of National Intelligence
TERMINATED: 01/25/2011
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [15]
Opinion/Order [17]
Opinion/Order [18]
Opinion/Order [23]
Opinion/Order [27]
Opinion/Order [36]
Opinion/Order [41]
Opinion/Order [42]
Opinion/Order [44]
Opinion/Order [48]
Opinion/Order [51]
Opinion/Order [54]
Opinion/Order [58]
Opinion/Order [63]
Opinion/Order [67]
FOIA Project Annotation: A federal court in California has ruled that the FBI, Immigration and Customs Enforcement, and the Secret Service properly withheld records concerning the use of social media as part of law enforcement investigations under Exemption 5 (privileges) and Exemption 7(E) (investigative techniques and procedures), although the court ordered the FBI to provide further justification as to whether disclosure of some of the information it was withholding under 7(E) would actually risk circumvention of law or regulation. The case involved multiple requests by EFF concerning the use of social media in law enforcement investigations. EFF argued that since the use of social media for investigatory purposes had been the subject of public discussions many of the techniques for which the agencies were claiming Exemption 7(E) were both routine and publicly known. Judge Susan Illston found that ICE and the Secret Service had substantiated their claims that disclosure of the withheld information would risk circumvention of law or regulation. But, while she questioned the FBI's justifications, she gave the agency another chance to explain how disclosure of its records could lead to circumvention of law or regulation. Discussing the agency's claims concerning the names of FBI divisions and locations of field offices, Illston noted that "disclosing that certain divisions are involved in or supervise the use of social networking sites in investigations does not disclose exactly how the FBI is expending its resources in this area. Similarly it is not readily apparent to the Court why disclosure of the physical location of a field office or task force involved with these investigationsâ€"which are focused on online activityâ€"risks circumvention of the FBI's efforts." Illston upheld all of the agencies' claims under Exemption 5. EFF argued that some FBI records appeared to deal with the application of established policies rather than legal advice. Illston disagreed, pointing out that "the FBI has redacted information from email conversations from or to counsel, and withheld attached documents, regarding 'discussions' and questions as to whether certain policies 'apply' to new situations. . .and otherwise seeking legal advice that is not a 'neutral' application of established policies." Although she upheld the adequacy of ICE's search, she agreed with EFF that the agency had not sufficiently explained why it only searched individuals' computers rather than agency-wide servers. She observed that "the Court cannot tell, however, whether ICE's search was reasonable in light of ICE's failure to address why certain employees searched only their own computer files, whether there are other unit or agency-wide record systems that exist that might contain responsive documents, and whether these systems were searched or were not searched because it was determined that they were unlikely to contain responsive records."
Issues: Exemption 5 - Privileges, Exemption 7(E) - Investigative methods or techniques
Opinion/Order [72]
Opinion/Order [74]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2009-12-01CASE DESIGNATED for Electronic Filing. (ys, COURT STAFF) (Filed on 12/1/2009) (Entered: 12/02/2009)
2009-12-011COMPLAINT (summons issued); against Central Intelligence Agency, Department of Defense, Department of Homeland Security, Department of Justice, Department of Treasury, Office of the Director of National Intelligence ( Filing fee $ 350, receipt number 34611039463.). Filed byElectronic Frontier Foundation. (ys, COURT STAFF) (Filed on 12/1/2009) (Additional attachment(s) added on 12/18/2009: # 1 Civil Cover Sheet) (ys, COURT STAFF). (Entered: 12/02/2009)
2009-12-012Certificate of Interested Entities or Persons by Electronic Frontier Foundation.(ys, COURT STAFF) (Filed on 12/1/2009) (ys, COURT STAFF). (Entered: 12/02/2009)
2009-12-013ADR SCHEDULING ORDER: Case Management Statement due by 3/5/2010. Case Management Conference set for 3/12/2010 02:30 PM. (Attachments: # 1 standing orders and cmc order)(ys, COURT STAFF) (Filed on 12/1/2009) (Entered: 12/02/2009)
2009-12-014Summons Issued as to Central Intelligence Agency, Department of Defense, Department of Homeland Security, Department of Justice, Department of Treasury, Office of the Director of National Intelligence. (ys, COURT STAFF) (Filed on 12/1/2009) (Entered: 12/02/2009)
2009-12-175CLERKS NOTICE re: Failure to E-File documents #1 and #2 by plaintiff's counsels. (ys, COURT STAFF) (Filed on 12/17/2009) (Entered: 12/17/2009)
2010-01-066NOTICE of Appearance by Kimberly L. Herb (Herb, Kimberly) (Filed on 1/6/2010) (Entered: 01/06/2010)
2010-02-087ANSWER to Complaint byCentral Intelligence Agency, Department of Defense, Department of Homeland Security, Department of Justice, Department of Treasury, Office of the Director of National Intelligence. (Herb, Kimberly) (Filed on 2/8/2010) (Entered: 02/08/2010)
2010-02-198ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Herb, Kimberly) (Filed on 2/19/2010) (Entered: 02/19/2010)
2010-02-199ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Hofmann, Marcia) (Filed on 2/19/2010) (Entered: 02/19/2010)
2010-02-1910NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Hofmann, Marcia) (Filed on 2/19/2010) (Entered: 02/19/2010)
2010-03-0211ADR Clerks Notice Setting ADR Phone Conference on 3/8/10 at 3:00 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (sgd, COURT STAFF) (Filed on 3/2/2010) (Entered: 03/02/2010)
2010-03-0512JOINT CASE MANAGEMENT STATEMENT filed by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 3/5/2010) (Entered: 03/05/2010)
2010-03-08ADR Remark: ADR Phone Conference held by RWS on 3/8/10. (sgd, COURT STAFF) (Filed on 3/8/2010) (Entered: 03/08/2010)
2010-03-1813Minute Entry: Initial Case Management Conference held on 3/12/2010 before Illston (Date Filed: 3/18/2010). Case continued to 7/16/10 @ 3:00 p.m.. for Further Case Management Conference Re: CIA & GlomarCase continued to 7/16/10 @ 9:00 a.m. for Motions as to those defendants who have submitted responses (Motion due 6/11/10, Opposition 6/25/10 Reply 7/2/10) () (tf, COURT STAFF) (Date Filed: 3/18/2010) (Entered: 03/18/2010)
2010-03-18Set Deadlines/Hearings: Motions due by 6/11/2010. Case Management Conference set for 7/16/2010 03:00 PM. Motion Hearing set for 7/16/2010 09:00 AM. (ys, COURT STAFF) (Filed on 3/18/2010) (Entered: 03/19/2010)
2010-05-2714STIPULATION Regarding Document Production Schedule and Partial Dismissal by Central Intelligence Agency, Department of Defense, Department of Homeland Security, Department of Justice, Department of Treasury, Office of the Director of National Intelligence. (Herb, Kimberly) (Filed on 5/27/2010) (Entered: 05/27/2010)
2010-05-2815ORDER re: document production and partial dismissal (tf, COURT STAFF) (Filed on 5/28/2010) (Entered: 05/28/2010)
2010-06-1016STIPULATION to Change Time for Filing Dispositive Motions by Central Intelligence Agency, Department of Defense, Department of Homeland Security, Department of Justice, Department of Treasury, Office of the Director of National Intelligence. (Attachments: # 1 Declaration of Kimberly L. Herb)(Herb, Kimberly) (Filed on 6/10/2010) (Entered: 06/10/2010)
2010-06-1717ORDER RE: SCHEDULING (tf, COURT STAFF) (Filed on 6/17/2010) (Entered: 06/17/2010)
2010-07-0618SCHEDULING ORDER (tfS, COURT STAFF) (Filed on 7/6/2010) (Entered: 07/06/2010)
2010-07-0919JOINT CASE MANAGEMENT STATEMENT filed by Central Intelligence Agency, Department of Defense, Department of Homeland Security, Department of Justice, Department of Treasury, Office of the Director of National Intelligence. (Herb, Kimberly) (Filed on 7/9/2010) (Entered: 07/09/2010)
2010-07-2120Minute Entry: Further Case Management Conference held on 7/16/2010 before Illston (Date Filed: 7/21/2010). Case continued to 9/10/10 for further cmc. All defendants except Dept. Of the Defense have produced FOIA documents. A Vaughn Index will be provided.() (tf, COURT STAFF) (Date Filed: 7/21/2010) (Entered: 07/21/2010)
2010-07-21Set Deadlines/Hearings: Case Management Conference set for 9/10/2010 03:00 PM. (ys, COURT STAFF) (Filed on 7/21/2010) (Entered: 07/21/2010)
2010-08-3121NOTICE of Appearance by Jennifer Ann Lynch (Lynch, Jennifer) (Filed on 8/31/2010) (Entered: 08/31/2010)
2010-09-0322STIPULATION to Change Time for Further Case Management Conference by Central Intelligence Agency, Department of Defense, Department of Homeland Security, Department of Justice, Department of Treasury, Office of the Director of National Intelligence. (Attachments: # 1 Declaration of Kimberly L. Herb)(Herb, Kimberly) (Filed on 9/3/2010) (Entered: 09/03/2010)
2010-09-0823ORDER continuing cmc to 10/26/10 (tf, COURT STAFF) (Filed on 9/8/2010) (Entered: 09/08/2010)
2010-09-08Set Deadlines/Hearings: Case Management Conference set for 10/26/2010 03:00 PM. (ys, COURT STAFF) (Filed on 9/8/2010) (Entered: 09/08/2010)
2010-10-1924JOINT CASE MANAGEMENT STATEMENT filed by Central Intelligence Agency, Department of Defense, Department of Homeland Security, Department of Justice, Department of Treasury, Office of the Director of National Intelligence. (Herb, Kimberly) (Filed on 10/19/2010) (Entered: 10/19/2010)
2010-10-1925STIPULATION Joint Stipulation and [Proposed] Order to Continue Date of Case Management Conference by Electronic Frontier Foundation. (Lynch, Jennifer) (Filed on 10/19/2010) (Entered: 10/19/2010)
2010-10-1926Declaration of Jennifer Lynch in Support of 25 Stipulation to Continue Date of Case Management Conference filed byElectronic Frontier Foundation. (Related document(s) 25 ) (Lynch, Jennifer) (Filed on 10/19/2010) (Entered: 10/19/2010)
2010-10-21ORDER Case Management Conference set for 1/14/2011 03:00 PM. (tf, COURT STAFF) (Filed on 10/21/2010) (Entered: 10/21/2010)
2010-10-2127ORDER Case Management Conference Set for 1/14/11 at 3:00 pm (tf, COURT STAFF) (Filed on 10/21/2010) (Additional attachment(s) added on 10/21/2010: # 1 ERRONEOUS ATTACHMENT) (tf, COURT STAFF). Modified on 10/21/2010 (ys, COURT STAFF). (Entered: 10/21/2010)
2010-12-1728MOTION to Relate Case to 10-5526-JCS filed by Electronic Frontier Foundation. (Attachments: # 1 Proposed Order)(Lynch, Jennifer) (Filed on 12/17/2010) Modified on 12/20/2010 (ys, COURT STAFF). (Entered: 12/17/2010)
2010-12-1729Declaration of Jason Schultz in Support of 28 MOTION to Relate Case filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A)(Related document(s) 28 ) (Lynch, Jennifer) (Filed on 12/17/2010) (Entered: 12/17/2010)
2010-12-2230MOTION to Consolidate Cases filed by Electronic Frontier Foundation. Motion Hearing set for 1/28/2011 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. (Attachments: # 1 Affidavit Declaration of Jason Schultz, # 2 Proposed Order Proposed Order)(Lynch, Jennifer) (Filed on 12/22/2010) (Entered: 12/22/2010)
2010-12-2231EXHIBITS re 30 MOTION to Consolidate Cases Exhibit A to Schultz Declaration filed byElectronic Frontier Foundation. (Related document(s) 30 ) (Lynch, Jennifer) (Filed on 12/22/2010) (Entered: 12/22/2010)
2011-01-0732Memorandum in Opposition re 30 MOTION to Consolidate Cases filed byDepartment of Homeland Security. (Cartier, Nicholas) (Filed on 1/7/2011) (Entered: 01/07/2011)
2011-01-0733STIPULATION and [Proposed] Order to Continue Date of Case Management Conference by Central Intelligence Agency, Department of Defense, Department of Homeland Security, Department of Justice, Department of Treasury, Office of the Director of National Intelligence. (Attachments: # 1 Declaration of Kimberly L. Herb)(Herb, Kimberly) (Filed on 1/7/2011) (Entered: 01/07/2011)
2011-01-0734JOINT CASE MANAGEMENT STATEMENT filed by Central Intelligence Agency, Department of Defense, Department of Homeland Security, Department of Justice, Department of Treasury, Office of the Director of National Intelligence. (Herb, Kimberly) (Filed on 1/7/2011) (Entered: 01/07/2011)
2011-01-0735Memorandum in Opposition re 30 MOTION to Consolidate Cases filed byCentral Intelligence Agency, Department of Defense, Department of Homeland Security, Department of Justice, Department of Treasury, Office of the Director of National Intelligence. (Attachments: # 1 Herb Declaration, # 2 Exhibit A to Herb Declaration, # 3 Exhibit B to Herb Declaration, # 4 Exhibit C to Herb Declaration, # 5 Exhibit D to Herb Declaration, # 6 Exhibit E to Herb Declaration, # 7 Proposed Order)(Herb, Kimberly) (Filed on 1/7/2011) (Entered: 01/07/2011)
2011-01-1036ORDER Initial Case Management Conference set for 1/28/2011 02:30 PM. (tf, COURT STAFF) (Filed on 1/10/2011) (Entered: 01/10/2011)
2011-01-1437Reply Brief in Support re 30 MOTION to Consolidate Cases filed byElectronic Frontier Foundation. (Lynch, Jennifer) (Filed on 1/14/2011) Modified on 1/18/2011 (ys, COURT STAFF). (Entered: 01/14/2011)
2011-01-1438Declaration of Jason Schultz in Support of 37 Reply Brief in Support of Motion to Consolidate Cases filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 37 ) (Lynch, Jennifer) (Filed on 1/14/2011) Modified on 1/18/2011 (ys, COURT STAFF). (Entered: 01/14/2011)
2011-01-1439ORDER RELATING CASE to 10-5526 re 28 . (tf, COURT STAFF) (Filed on 1/14/2011) Modified on 1/18/2011 (ys, COURT STAFF). (Entered: 01/14/2011)
2011-01-2140STIPULATION of Dismissal of Parties by Electronic Frontier Foundation. (Lynch, Jennifer) (Filed on 1/21/2011) (Entered: 01/21/2011)
2011-01-2441ORDER GRANTING MOTION TO CONSOLIDATE CASES AND DIRECTING COUNSEL TO SUBMIT NEW BRIEFING SCHEDULE (SI, COURT STAFF) (Filed on 1/24/2011) (Entered: 01/24/2011)
2011-01-2542ORDER dismissing certain parties (tfS, COURT STAFF) (Filed on 1/25/2011) (Entered: 01/25/2011)
2011-01-2743STIPULATION and Proposed Order to Continue CMC by Electronic Frontier Foundation. (Lynch, Jennifer) (Filed on 1/27/2011) (Entered: 01/27/2011)
2011-01-2844ORDER Initial Case Management Conference set for 2/25/2011 02:30 PM. (tf, COURT STAFF) (Filed on 1/28/2011) (Entered: 01/28/2011)
2011-02-1845CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Electronic Frontier Foundation. (Lynch, Jennifer) (Filed on 2/18/2011) (Entered: 02/18/2011)
2011-02-2547Minute Entry: Case Management Conference held on 2/25/2011 before Judge Susan Illston. The court adopts the parties stipulated briefing schedule as follows:May 25, 2011 - Defendants DHS/ICE complete search and production of all documents. July 1, 2011 - Defendants DHS/ICE provide Plaintiff with a draft Vaughn index and a description of their searches. August 8, 2011 - Plaintiff will inform DHS/ICE of the documents and redactions on which it would like to proceed to summary judgment. September 23, 2011 - Defendants Secret Service, FBI, Criminal Division, DHS, and ICE move for summary judgment and file Vaughn indexes with the Court. October 21, 2011 - Plaintiff files opposition and cross-moves for summary judgment. Defendants file reply and opposition to Plaintiffs motion. November 4, 2011 - Defendants file reply and opposition to Plaintiffs motion.November 18, 2011 - Plaintiff files reply in support of motion for summary judgment. December 9, 2011 at 9:00a.m. - Oral argument. (Date Filed: 2/25/2011). (Court Reporter not reported.) (cgk, COURT STAFF) (Date Filed: 2/25/2011) (Entered: 02/28/2011)
2011-02-2846STIPULATION and [Proposed] Order for Briefing Schedule by Electronic Frontier Foundation. (Lynch, Jennifer) (Filed on 2/28/2011) (Entered: 02/28/2011)
2011-03-0148ORDER adjusting briefing schedule re 46 . (tf, COURT STAFF) (Filed on 3/1/2011) Modified on 3/2/2011 (ys, COURT STAFF). (Entered: 03/01/2011)
2011-09-1549STIPULATION of Dismissal of Defendant Drug Enforcement Administration by Electronic Frontier Foundation. (Lynch, Jennifer) (Filed on 9/15/2011) (Entered: 09/15/2011)
2011-09-1550NOTICE by Electronic Frontier Foundation of Withdrawal of Counsel (Lynch, Jennifer) (Filed on 9/15/2011) (Entered: 09/15/2011)
2011-09-1951ORDER dismissing DEA (tf, COURT STAFF) (Filed on 9/19/2011) (Entered: 09/19/2011)
2011-09-2252STIPULATION to Amend Briefing Schedule by Department of Homeland Security, Department of Justice. (Attachments: # 1 Declaration of Kimberly L. Herb)(Herb, Kimberly) (Filed on 9/22/2011) (Entered: 09/22/2011)
2011-09-2353NOTICE of Appearance by Lila Inayat Bailey (Bailey, Lila) (Filed on 9/23/2011) (Entered: 09/23/2011)
2011-09-2754ORDER amending briefing schedule (tf, COURT STAFF) (Filed on 9/27/2011) (Entered: 09/27/2011)
2011-09-27Set/Reset Deadlines as to Motion Hearing set for 1/13/2012 09:00 AM before Hon. Susan Illston. (tf, COURT STAFF) (Filed on 9/27/2011) (Entered: 09/27/2011)
2011-10-2155MOTION for Summary Judgment filed by Department of Homeland Security, Department of Justice. Motion Hearing set for 1/13/2012 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. Responses due by 11/18/2011. Replies due by 12/2/2011. (Attachments: # 1 Proposed Order, # 2 Declaration of Kimberly Herb, # 3 Exhibit 1 to Herb Declaration, # 4 Exhibit 2 to Herb Declaration, # 5 Exhibit 3 to Herb Declaration, # 6 Declaration of Kristin Ellis (CRM), # 7 CRM Vaughn Index, # 8 Exhibit 1 to Ellis Declaration, # 9 Exhibit 2 to Ellis Declaration, # 10 Exhibit 3 to Ellis Declaration, # 11 Exhibit 4 to Ellis Declaration, # 12 Exhibit 5 to Ellis Declaration, # 13 Exhibit 6 to Ellis Declaration, # 14 Exhibit 7 to Ellis Declaration, # 15 Declaration of Craig Ulmer (USSS), # 16 Exhibit A-G to Ulmer Declaration, # 17 Declaration of David Hardy (FBI), # 18 Exhibit A-F to Hardy Declaration, # 19 Exhibit G-H to Hardy Declaration, # 20 Exhibit I, Part 1 to Hardy Declaration, # 21 Exhibit I, Part 2 to Hard Declaration, # 22 Exhibit J to Hardy Declaration, # 23 Declaration of James Holzer (DHS), # 24 Exhibit 1 to Holzer Declaration, # 25 Declaration of Ryan Law (ICE), # 26 Exhibit 1 to Law Declaration)(Herb, Kimberly) (Filed on 10/21/2011) (Entered: 10/21/2011)
2011-11-1756RESPONSE (re 55 MOTION for Summary Judgment ) Plaintiff's Opposition to Defendants' Motion for Summary Judgment and Notice of Cross Motion for Summary Judgment; MPA In Support Thereof filed byElectronic Frontier Foundation. (Attachments: # 1 Declaration of Jennifer Lynch, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Proposed Order)(Schultz, Jason) (Filed on 11/17/2011) Modified on 11/18/2011 (ys, COURT STAFF). (Entered: 11/17/2011)
2011-11-17Set/Reset Deadlines as to 56 Cross MOTION for Summary Judgment. Motion Hearing set for 1/13/2012 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. (ys, COURT STAFF) (Filed on 11/17/2011) (Entered: 11/18/2011)
2011-12-0257STIPULATION [and Proposed Order] to Amend Briefing Schedule by Department of Homeland Security, Department of Justice. (Attachments: # 1 Declaration of Kimberly Herb)(Herb, Kimberly) (Filed on 12/2/2011) (Entered: 12/02/2011)
2011-12-0658ORDER continuing motion hearing re 57 . (tf, COURT STAFF) (Filed on 12/6/2011) Modified on 12/7/2011 (ysS, COURT STAFF). (Entered: 12/06/2011)
2011-12-06Set/Reset Deadlines as to 55 MOTION for Summary Judgment. Motion Hearing set for 1/20/2012 09:00 AM before Hon. Susan Illston. (tf, COURT STAFF) (Filed on 12/6/2011) (Entered: 12/06/2011)
2011-12-1659REPLY (re 55 MOTION for Summary Judgment ) filed byDepartment of Homeland Security, Department of Justice. (Attachments: # 1 Supplement al Declaration of Kristin Ellis (CRM))(Herb, Kimberly) (Filed on 12/16/2011) (Entered: 12/16/2011)
2012-01-04Set/Reset Deadlines as to 56 MOTION for Summary Judgment. Motion Hearing set for 1/20/2012 09:00 AM before Hon. Susan Illston. (tf, COURT STAFF) (Filed on 1/4/2012) (Entered: 01/04/2012)
2012-01-0660REPLY (re 56 MOTION for Summary Judgment ) filed byElectronic Frontier Foundation. (Schultz, Jason) (Filed on 1/6/2012) (Entered: 01/06/2012)
2012-01-10Set/Reset Deadlines as to 56 MOTION for Summary Judgment, 55 MOTION for Summary Judgment. Motion Hearing set for 1/20/2012 09:00 AM before Hon. Susan Illston. (tf, COURT STAFF) (Filed on 1/10/2012) (Entered: 01/10/2012)
2012-01-2361Transcript of Proceedings held on 1/20/12, before Judge Susan Illston. Court Reporter/Transcriber Sahar Bartlett, CSR, RPR, Telephone number (415) 626-6060/sahar_bartlett@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 4/23/2012. (Bartlett, Sahar) (Filed on 1/23/2012) (Entered: 01/23/2012)
2012-01-2362Minute Entry: Motion Hearing held on 1/20/2012 before Illston (Date Filed: 1/23/2012) re 56 MOTION for Summary Judgment filed by Electronic Frontier Foundation, 55 MOTION for Summary Judgment filed by Department of Homeland Security, Department of Justice. (Court Reporter S. Bartlett.) (tf, COURT STAFF) (Date Filed: 1/23/2012) (Entered: 01/23/2012)
2012-02-0963ORDER REQUIRING FURTHER BRIEFING. Parties' supplemental brief is due 2/24/12. (Illston, Susan) (Filed on 2/9/2012) Modified on 2/10/2012 (ysS, COURT STAFF). (Entered: 02/09/2012)
2012-02-2464Brief Plaintiff's Supplemental Brief in Response to Order Requiring Further Briefing on Cross Motions for Summary Judgment filed byElectronic Frontier Foundation. (Attachments: # 1 Declaration of Jennifer Lynch, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Lynch, Jennifer) (Filed on 2/24/2012) (Entered: 02/24/2012)
2012-02-2465Brief Defendants' Supplemental Brief in Support of 55 Defendants' Motion for Summary Judgment filed byDepartment of Homeland Security, Department of Justice. (Attachments: # 1 Declaration of Ryan Law (ICE), # 2 Declaration of Richard K. Elias (USSS))(Herb, Kimberly) (Filed on 2/24/2012) Modified on 2/27/2012 (ysS, COURT STAFF). (Entered: 02/24/2012)
2012-08-2166NOTICE by Electronic Frontier Foundation Local Rule 7-13 Notice that Parties' Cross Motions for Summary Judgment Have Been Under Submission for More than 120 Days (Lynch, Jennifer) (Filed on 8/21/2012) (Entered: 08/21/2012)
2012-09-2467ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 55 56 (Illston, Susan) (Filed on 9/24/2012) (Entered: 09/24/2012)
2012-10-2468NOTICE by Department of Homeland Security, Department of Justice of Defendants' Compliance with Court Order Requiring Supplemental Declaration (Herb, Kimberly) (Filed on 10/24/2012) (Entered: 10/24/2012)
2013-02-1369CLERKS NOTICE Further Case Management Conference set for 3/8/2013 03:00 PM in Courtroom 10, 19th Floor, San Francisco. Counsel shall file a joint case management conference statement one week prior to the conference. This is a docket text entry only, there is no document associated with this notice. (tfS, COURT STAFF) (Filed on 2/13/2013) (Entered: 02/13/2013)
2013-02-2270STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Electronic Frontier Foundation. (Lynch, Jennifer) (Filed on 2/22/2013) (Entered: 02/22/2013)
2013-02-2271CLERKS NOTICE Initial Case Management Conference set for 3/8/13 is advanced to 3/6/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco. This is a docket text entry only, there is no document associated with this notice. (tfS, COURT STAFF) (Filed on 2/22/2013) (Entered: 02/22/2013)
2013-02-2772ORDER: Further Case Management Conference set for 3/6/13 is continued 3/22/2013 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 2/26/13., Motions terminated: 70 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Electronic Frontier Foundation. (tfS, COURT STAFF) (Filed on 2/27/2013) (Entered: 02/27/2013)
2013-03-1573STIPULATION WITH PROPOSED ORDER Stipulation of Dismissal and to Vacate Case Management Conference filed by Electronic Frontier Foundation. (Lynch, Jennifer) (Filed on 3/15/2013) (Entered: 03/15/2013)
2013-03-1874ORDER DISMISSING CASE. Signed by Judge Susan Illston on 3/15/13. (tfS, COURT STAFF) (Filed on 3/18/2013) (Entered: 03/18/2013)
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