Case Detail

FOIA Project Annotation: A federal court in California has told the Defense Department that it must grant expedited processing to a request filed by the ACLU of Northern California, the Bay Guardian, and several anti-war groups for information about the agency's TALON program involving surveillance of legal protests, a story that was the subject of a number of news articles. The agency denied the groups' request for expedited processing, noting that "the information that you have requested is not the subject of a breaking news story because, as you have demonstrated, the subject of your request has already been addressed in several news articles from around the country." Judge William Alsup disagreed with this interpretation, pointing out that "at the time of the request, operation of the TALON system, particularly its collection of information on political protests, was a breaking news story. A breaking news story is one that conveys information the public wants quickly. If the story would lose value if it were delayed, it is a breaking news story. Plaintiffs therefore had an 'urgency to inform the public.'" Alsup also indicated that expedited processing "might be valuable to would-be protesters and opposition groups. It might help them decide how to express their political viewpoints. . .Defendants do not dispute that some people might have used the requested information to decide whether to engage in protests." He then explained in greater detail why the agency's claim that the story was no longer breaking news because it had already been covered was fallacious. He observed that "this fact would eliminate urgency only if all major news on the TALON program had been reported, i.e., if there were nothing more to say. In fact, valuable, time-sensitive information apparently remained unknown at the time of plaintiffs' request. . .If anything, extensive media interest usually is a fact supporting not negating urgency in the processing of FOIA requests." He also rejected the agency's argument that the story was no longer of urgency because it had taken steps to rectify the problems caused by the surveillance program. He noted that "Plaintiffs nevertheless had an urgent need to report the extent to which reports were improperly gathered and the identities of any agencies with whom the reports were shared. The need to gather information might have been more urgent if the Pentagon had not taken the steps it did. But those steps by themselves could not eliminate the urgency."
Issues: Expedited processing - Compelling Need

Date Filed	Doc #	Docket Text
2006-03-07	1	COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against United States Department of Defense, Department of the Army, Department of the Navy, Department of the Air Force ( Filing fee $ 250, receipt number 3382680.). Filed byUniversity of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, American Civil Liberties Union of Northern California, San Francisco Bay Guardian. (sis, COURT STAFF) (Filed on 3/7/2006) Additional attachment(s) added on 3/10/2006 (sis, COURT STAFF). (Entered: 03/10/2006)
2006-03-07		Summons Issued as to United States Department of Defense, Department of the Army, Department of the Navy, Department of the Air Force. (sis, COURT STAFF) (Filed on 3/7/2006) (Entered: 03/10/2006)
2006-03-07	2	ADR SCHEDULING ORDER: Case Management Statement due by 5/25/2006. Case Management Conference set for 6/8/2006 11:00 AM. (sis, COURT STAFF) (Filed on 3/7/2006) (Entered: 03/10/2006)
2006-03-07	3	SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 2 ADR Scheduling Order (sis, COURT STAFF) (Filed on 3/7/2006) (Entered: 03/10/2006)
2006-03-07		CASE DESIGNATED for Electronic Filing. (sis, COURT STAFF) (Filed on 3/7/2006) (Entered: 03/10/2006)
2006-03-13	4	CERTIFICATE OF SERVICE by University of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, American Civil Liberties Union of Northern California, San Francisco Bay Guardian re 1 Complaint,, Summons (Sitkin, Lisa) (Filed on 3/13/2006) (Entered: 03/13/2006)
2006-04-07	5	NOTICE of Appearance by Samuel C. Kaplan (Kaplan, Samuel) (Filed on 4/7/2006) (Entered: 04/07/2006)
2006-04-07	6	ANSWER to Complaint byUnited States Department of Defense, Department of the Army, Department of the Navy, Department of the Air Force. (Kaplan, Samuel) (Filed on 4/7/2006) (Entered: 04/07/2006)
2006-04-13	7	MOTION for Summary Judgment filed by University of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, American Civil Liberties Union of Northern California, San Francisco Bay Guardian. Motion Hearing set for 5/18/2006 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Sitkin, Lisa) (Filed on 4/13/2006) (Entered: 04/13/2006)
2006-04-13	8	Declaration in Support of 7 MOTION for Summary Judgment of Mark Schlosberg filed byUniversity of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, American Civil Liberties Union of Northern California, San Francisco Bay Guardian. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 3# 3 Exhibit Exhibit 4# 4 Exhibit Exhibit 5# 5 Exhibit Exhibit 6# 6 Exhibit Exhibit 7# 7 Exhibit Exhibit 8)(Related document(s) 7 ) (Sitkin, Lisa) (Filed on 4/13/2006) (Entered: 04/13/2006)
2006-04-13	9	NOTICE OF MANUAL FILING re: Exhibit 2 to Schlosberg Declaration filed by University of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, American Civil Liberties Union of Northern California, San Francisco Bay Guardian. (Sitkin, Lisa) (Filed on 4/13/2006) Modified on 4/14/2006 (sis, COURT STAFF). (Entered: 04/13/2006)
2006-04-13	10	Proposed Order re 7 MOTION for Summary Judgment, 8 Declaration in Support,,, 9 Exhibits, by University of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, American Civil Liberties Union of Northern California, San Francisco Bay Guardian. (Sitkin, Lisa) (Filed on 4/13/2006) (Entered: 04/13/2006)
2006-04-13	11	EXHIBIT 2 re 8 Declaration in Support, filed byUniversity of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, American Civil Liberties Union of Northern California, San Francisco Bay Guardian. (Related document(s) 8 ) (sis, COURT STAFF) (Filed on 4/13/2006) (Entered: 04/14/2006)
2006-04-13	12	CERTIFICATE OF SERVICE by University of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, American Civil Liberties Union of Northern California, San Francisco Bay Guardian re 11 Exhibits, (sis, COURT STAFF) (Filed on 4/13/2006) (Entered: 04/14/2006)
2006-04-28	13	STIPULATION and Request to Extend Time to File Opposition to Motion for Summary Judgment By One Week and To Extend Disclosure and Initial Case Management Deadlines by University of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, United States Department of Defense, Department of the Army, Department of the Navy, Department of the Air Force, American Civil Liberties Union of Northern California, San Francisco Bay Guardian. (Kaplan, Samuel) (Filed on 4/28/2006) (Entered: 04/28/2006)
2006-05-01	14	ORDER GRANTING IN PART STIPULATION TO CONTINUE HEARING AND CASE MANAGEMENT CONFERENCE AND EXTENDING INITIAL DEADLINES re 13 Stipulation filed by United States Department of Defense, Department of the Air Force, Department of the Army, Department of the Navy, American Civil Liberties Union of Northern California, San Francisco Bay Guardian, University of California Santa Cruz Students Against War, Berkeley Stop the War Coalition]. Signed by Judge William Alsup on 5/1/2006. (whasec, COURT STAFF) (Filed on 5/1/2006) (Entered: 05/01/2006)
2006-05-01		Set/Reset Deadlines as to 7 MOTION for Summary Judgment. Motion Hearing set for 5/25/2006 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (sis, COURT STAFF) (Filed on 5/1/2006) (Entered: 05/11/2006)
2006-05-01		Set Deadlines/Hearings: Case Management Statement due by 6/22/2006. Case Management Conference set for 6/29/2006 11:00 AM. (sis, COURT STAFF) (Filed on 5/1/2006) (Entered: 05/11/2006)
2006-05-05	15	Memorandum in Opposition re 7 MOTION for Summary Judgment filed byUnited States Department of Defense, Department of the Army, Department of the Navy, Department of the Air Force. (Attachments: # 1 Declaration of Lieutenant Commander Nieva Brock, JAGC, USN# 2 Declaration of William T. Kammer# 3 Declaration of Anne C. Costa)(Kaplan, Samuel) (Filed on 5/5/2006) (Entered: 05/05/2006)
2006-05-05	16	Proposed Order re 15 Memorandum in Opposition, by United States Department of Defense, Department of the Army, Department of the Navy, Department of the Air Force. (Kaplan, Samuel) (Filed on 5/5/2006) (Entered: 05/05/2006)
2006-05-11	17	Reply Memorandum re 7 MOTION for Summary Judgment filed byUniversity of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, American Civil Liberties Union of Northern California, San Francisco Bay Guardian. (Sitkin, Lisa) (Filed on 5/11/2006) (Entered: 05/11/2006)
2006-05-11	18	Declaration in Support of 17 Reply Memorandum, Supplemental Declaration of Mark Schlosberg filed byUniversity of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, American Civil Liberties Union of Northern California, San Francisco Bay Guardian. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Related document(s) 17 ) (Sitkin, Lisa) (Filed on 5/11/2006) (Entered: 05/11/2006)
2006-05-11	19	OBJECTIONS to re 17 Reply Memorandum, Objection to Declaration of William T. Kammer by University of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, American Civil Liberties Union of Northern California, San Francisco Bay Guardian. (Sitkin, Lisa) (Filed on 5/11/2006) (Entered: 05/11/2006)
2006-05-18	20	ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Sitkin, Lisa) (Filed on 5/18/2006) (Entered: 05/18/2006)
2006-05-19	21	ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Kaplan, Samuel) (Filed on 5/19/2006) (Entered: 05/19/2006)
2006-05-23	22	NOTICE of Appearance by Samuel C. Kaplan of Daniel J. Davis (Kaplan, Samuel) (Filed on 5/23/2006) (Entered: 05/23/2006)
2006-05-25	23	ORDER by Judge Alsup granting 7 Motion for Summary Judgment (whalc2, COURT STAFF) (Filed on 5/25/2006) (Entered: 05/25/2006)
2006-05-25	24	JUDGMENT in favor of American Civil Liberties Union of Northern California, San Francisco Bay Guardian, University of California Santa Cruz Students Against War and Berkeley Stop the War Coalition against Department of Defense, Department of the Navy, Department of the Air Force. Signed by Judge Alsup on 5/25/06. (whalc2, COURT STAFF) (Filed on 5/25/2006) (Entered: 05/25/2006)
2006-05-25	25	Minute Entry: Motion Hearing held on 5/25/2006 before William Alsup (Date Filed: 5/25/2006) re 7 MOTION for Summary Judgment filed by American Civil Liberties Union of Northern California, San Francisco Bay Guardian, University of California Santa Cruz Students Against War, Berkeley Stop the War Coalition. (Court Reporter Kathy Wyatt.) (dt, COURT STAFF) (Date Filed: 5/25/2006) (Entered: 05/25/2006)
2006-05-31	26	STIPULATION and [Proposed] Order Extending Time to File Post-Judgment Motion for Attorneys' Fees and Expenses by University of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, American Civil Liberties Union of Northern California, San Francisco Bay Guardian. (Sitkin, Lisa) (Filed on 5/31/2006) (Entered: 05/31/2006)
2006-06-01	27	STIPULATION AND ORDER EXTENDING TIME TO FILE POST-JUDGMENT MOTION FOR ATTORNEY'S FEES AND EXPENSES. Signed by Judge Alsup on 6/1/06. (whalc2, COURT STAFF) (Filed on 6/1/2006) (Entered: 06/01/2006)
2006-06-05	28	ORDER RE ATTORNEY'S FEES. Signed by Judge Alsup on 6/5/06. (whalc2, COURT STAFF) (Filed on 6/5/2006) (Entered: 06/05/2006)
2006-06-29	29	MOTION for Attorney Fees Re: Plaintiffs' Entitlement to Attorney's Fees and Expenses filed by University of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, American Civil Liberties Union of Northern California, San Francisco Bay Guardian. Motion Hearing set for 8/17/2006 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Sitkin, Lisa) (Filed on 6/29/2006) (Entered: 06/29/2006)
2006-06-29	30	Declaration of Mark Schlosberg in Support of 29 MOTION for Attorney Fees Re: Plaintiffs' Entitlement to Attorney's Fees and Expenses filed byUniversity of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, American Civil Liberties Union of Northern California, San Francisco Bay Guardian. (Attachments: # 1 Exhibit 1 to Schlosberg Fees Declaration# 2 Exhibit 2 to Schlosberg Fees Declaration)(Related document(s) 29 ) (Sitkin, Lisa) (Filed on 6/29/2006) (Entered: 06/29/2006)
2006-06-29	31	Proposed Order re 29 MOTION for Attorney Fees Re: Plaintiffs' Entitlement to Attorney's Fees and Expenses by University of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, American Civil Liberties Union of Northern California, San Francisco Bay Guardian. (Sitkin, Lisa) (Filed on 6/29/2006) (Entered: 06/29/2006)
2006-07-12	32	STIPULATION re 29 MOTION for Attorney Fees Re: Plaintiffs' Entitlement to Attorney's Fees and Expenses by United States Department of Defense, Department of the Army, Department of the Navy, Department of the Air Force. (Attachments: # 1 Affidavit of Samuel C. Kaplan)(Kaplan, Samuel) (Filed on 7/12/2006) (Entered: 07/12/2006)
2006-07-24	33	NOTICE OF APPEAL as to 23 Order on Motion for Summary Judgment, 24 Judgment, by United States Department of Defense, Department of the Army, Department of the Navy, Department of the Air Force. (sis, COURT STAFF) (Filed on 7/24/2006) (Entered: 07/25/2006)
2006-07-25		Copy of Notice of Appeal and Docket sheet mailed to all counsel (sis, COURT STAFF) (Filed on 7/25/2006) (Entered: 07/25/2006)
2006-07-25		Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 33 Notice of Appeal (sis, COURT STAFF) (Filed on 7/25/2006) (Entered: 07/25/2006)
2006-08-09	34	Memorandum in Opposition re 29 MOTION for Attorney Fees Re: Plaintiffs' Entitlement to Attorney's Fees and Expenses filed byUnited States Department of Defense, Department of the Army, Department of the Navy, Department of the Air Force. (Attachments: # 1 Exhibit 1 - Second Declaration of William T. Kammer# 2 Exhibit 1 (Attachment A)# 3 Exhibit 1 (Attachment B - Part I)# 4 Exhibit 1 (Attachment B - Part II)# 5 Exhibit 1 (Attachment C)# 6 Exhibit 1 (Attachment D)# 7 Exhibit 2 - Second Declaration of Lieutenant Commander Nieva M.S. Brock# 8 Exhibit 3 - Second Declaration of Anne C. Costa)(Kaplan, Samuel) (Filed on 8/9/2006) (Entered: 08/09/2006)
2006-08-30	35	STIPULATION re 29 MOTION for Attorney Fees Re: Plaintiffs' Entitlement to Attorney's Fees and Expenses Stipulation Settling Claim for Attorney's Fees and Expenses; Order by University of California Santa Cruz Students Against War, Berkeley Stop the War Coalition, American Civil Liberties Union of Northern California, San Francisco Bay Guardian. (Sitkin, Lisa) (Filed on 8/30/2006) (Entered: 08/30/2006)
2006-09-05	36	ORDER AND STIPULATION SETTLING CLAIM FOR ATTORNEY'S FEES AND EXPENSES by Judge Alsup settling 29 Motion for Attorney Fees (whalc2, COURT STAFF) (Filed on 9/5/2006) (Entered: 09/05/2006)
2006-09-08	37	MANDATE of USCA - Motion for Voluntary Dismissal is Granted as to 33 Notice of Appeal filed by United States Department of Defense,, Department of the Air Force,, Department of the Army,, Department of the Navy, (sis, COURT STAFF) (Filed on 9/8/2006) (Entered: 09/11/2006)
2006-09-11	38	CLERKS Letter Spreading Mandate to Counsel (sis, COURT STAFF) (Filed on 9/11/2006) (Entered: 09/11/2006)
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