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Case TitleElectronic Frontier Foundation v. Office of the Director of National Intelligence
DistrictNorthern District of California
CitySan Francisco
Case Number3:2007cv05278
Date Filed2007-10-17
Date Closed2008-03-05
JudgeHon. Susan Illston
PlaintiffElectronic Frontier Foundation
Case DescriptionThe Electronic Frontier Foundation submitted two FOIA requests to the Office of the Director of National Intelligence for records concerning discussions the Director had with members of Congress pertaining to proposed FISA amendments. EFF also requested expedited processing. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, EFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantOffice of the Director of National Intelligence
Documents
Docket
Complaint
Opinion/Order [21]
Opinion/Order [26]
FOIA Project Annotation: Regardless of what Congress may have meant about expedited processing in the 1996 EFOIA amendments, plaintiffs have had limited success in getting courts to grant expedition in the first place and, even further, to establish that expedited processing, at a minimum, must mean a quicker response time than the 20 working days the statute provides for normal responses. As a plaintiff, EPIC pioneered the use of the preliminary injunction as a tool to force courts to recognize requesters' rights to expedited processing. Now, District Court Judge Susan Illston has granted EFF a preliminary injunction forcing the Office of the Director of National Intelligence to process the organization's FOIA request for records pertaining to communications with telecommunications carriers and members of Congress regarding pending legislation to amend the Foreign Intelligence Surveillance Act. The agency had already granted the organization expedited processing, but had nevertheless failed to provide any responsive records. The agency had identified 250 pages of unclassified material and 65 pages of classified material. The agency told the court that it was processing the unclassified material as soon as practicable and hoped to provide an interim response by Nov. 30 and a final response by Dec. 31. EFF filed a motion for preliminary injunction to force the agency to identify all responsive records within ten days and to provide a Vaughn index within ten days after that. Illston first found that she had the authority to grant a preliminary injunction in an FOIA case. She then turned to the question needing resolution " "whether defendant is actually processing the request 'as soon as practicable.'" While EFF relied on EPIC v. Dept of Justice, 416 F. Supp. 2d 30 (D.D.C. 2006), arguing that "where an agency fails to comply with the twenty-day deadline applicable to a standard FOIA request, the agency 'presumptively also fails to process an expedited request "as soon as practicable."' While the agency may rebut the presumption by showing that the twenty-day time period is 'truly not practicable,' courts are not required simply to 'take at face value an agency's determination that more time is necessary.'" The agency, by contrast, argued that "the expedited processing provision of FOIA is merely an ordering mechanism, allowing certain FOIA requests to jump to the front of the agency's processing queue and avoid the customary 'first-in, first out' processing practice. After that happens, defendant asserts that 'practicability' is the only standard that governs how quickly the request can be processed. Defendant further contends that the provision requiring an agency response within twenty working days for a non-expedited request 'has no bearing on when expedited processing must be completed.' Rather, it argues that 'a court may grant an extension to allow the agency to finish its search and processing where the agency has been unable to meet the deadline because of exceptional circumstances.'" Noting that the agency had not asked for an extension, Illston pointed out that "defendant's explanation for its delay does not appear to demonstrate the existence of 'exceptional circumstances.' Defendant contends that what is practicable will depend on factors including the size and scope of the request, the level of detail involved, the number of offices with responsive documents, other agencies that must be consulted, as well as the existence of classified materials. Defendant asserts that its review includes page-by-page and line-by-line review of the documents to determine which, if any, FOIA exemptions may apply. They also assert that classified materials require extra scrutiny." Illston responded to that claim by noting that "these assertions appear to the Court to be generically applicable to all FOIA requests that would be received by ODNI. Defendant has offered no explanation or evidence of the existence of 'exceptional circumstances' specific to this case. Furthermore, the agency's description of its processing methods in this case " which apparently are assigned to a single agent " appear to be wholly inadequate to the task of handling an expedited request, let alone a standard request, on the timely basis required by Congress. While defendant notes that it has a small FOIA staff, that argument is properly directed at Congress, not to the courts." EFF claimed that failure to grant its expedition request would harm its ability to participate in a timely fashion in the debate over FISA. The agency said that argument was "pure speculation" and argued that "plaintiff has not established that its request will produce any responsive, non-exempt documents that will contribute to the debate" and added that "the debate over that law has been going on for many years, and [] any harm would not be 'irreparable' because 'legislation is always subject to further amendment by Congress.'" Rejecting the agency's argument, Illston observed that "as another court in this district found [in Gerstein v. CIA, 2006 WL 3462659 (N.D. Cal. Nov. 29, 2006)], irreparable harm can exist in FOIA cases such as this because ongoing public and congressional debates about issues of vital national importance 'cannot be restarted or wound back.'" She indicated that "plaintiff seeks information from defendant specifically so plaintiff, Congress, and the public may participate in the debate over the pending legislation on an informed basis. Accordingly, the Court finds that plaintiff has shown the likelihood of irreparable injury." Illston then pointed out that granting the injunction would not be overly burdensome to the agency. She explained that "the relief [EFF] seeks is nothing more than the expedited treatment to which defendant concedes the plaintiff is entitled. Defendant makes no argument that it would be burdened by complying with the law, except to the extent that it may be required to readjust its internal priorities. . . [A]ny complaints about the burdens of complying with the law are best addressed to Congress, not the courts. Accordingly, the Court finds that there is no undue burden here that would militate against issuing a preliminary injunction." Finding that EFF's request should be expedited more promptly, Illston observed that "if defendant is truly concerned about achieving the delicate balance required by Congress, it should consider assigning more than one agent to the processing of plaintiff's requests." She concluded that there was no present need for a Vaughn index and told the agency to make an initial response to EFF's request no later than Nov. 30 and to provide a final response no later than Dec. 10.
Issues: Litigation - Jurisdiction - Injunction
Opinion/Order [34]
Opinion/Order [39]
Opinion/Order [45]
Opinion/Order [46]
Opinion/Order [63]
Opinion/Order [64]
FOIA Project Annotation: A federal court in California has ruled that EFF is entitled to $52,000 in attorney's fees for securing a preliminary injunction requiring the Office of the Director of National Intelligence to speed up its response concerning the agency's communications with telecommunications companies regarding pending legislation to amend the Foreign Intelligence Surveillance Act. The agency admitted that EFF was eligible for fees since it had substantially prevailed but argued that it was not entitled to them. The agency argued the public benefit of disclosure was minimal, but the court noted that "at least three media outlets reported on the documents." Rejecting the agency's argument that it would have disclosed the records within 21 days anyway, the court observed that "defendant had not proposed a processing date until plaintiff filed its original motion, and defendant was under no obligation to produce anything by a set date until the Court ordered a preliminary injunction." The agency also argued EFF had a commercial interest in the records because it was representing individuals suing telecommunications carriers. But the court pointed out that "plaintiff represents clients or classes of clients, not itself. Thus, plaintiff is neither seeking damages for itself, nor profiting commercially in such cases. In fact, as a nonprofit organization, plaintiff is the sort of requester that Congress intended to recover attorney's fees under FOIA." The court explained that "the Court also required defendant to process plaintiff's request twenty-one days sooner than defendant had proposed, thus further indicating that defendant had failed to establish a reasonable basis for its refusal to release the documents earlier." The court then found that EFF had charged reasonable market rates for attorneys in the San Francisco area. However, the court concluded that some of the hours claimed by EFF were excessive and reduced its award accordingly.
Issues: Litigation - Attorney's fees - Entitlement - Public benefit
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2007-10-171COMPLAINT (summons issued) against Office of the Director of National Intelligence (Filing fee $ 350, receipt number 34611011567). Filed by Electronic Frontier Foundation. (slh, COURT STAFF) (Filed on 10/17/2007) Additional attachment(s) added on 11/1/2007 (ys, COURT STAFF). (Entered: 10/18/2007)
2007-10-172Certificate of Interested Entities or Persons by Electronic Frontier Foundation. (slh, COURT STAFF) (Filed on 10/17/2007) Additional attachment(s) added on 11/1/2007 (ys, COURT STAFF). (Entered: 10/18/2007)
2007-10-173ADR SCHEDULING ORDER: Case Management Statement due by 1/16/2008. Case Management Conference set for 1/23/2008 01:30 AM. (Attachments: # 1 EMC Standing Order; # 2 Case Management Standing Order)(slh, COURT STAFF) (Filed on 10/17/2007) (Entered: 10/18/2007)
2007-10-17CASE DESIGNATED for Electronic Filing. (slh, COURT STAFF) (Filed on 10/17/2007) (Entered: 10/18/2007)
2007-10-265MOTION of David Sobel for leave to appear in Pro Hac Vice (Filing fee $ 210, receipt number 34611011876) filed by Electronic Frontier Foundation. (slh, COURT STAFF) (Filed on 10/26/2007) (Entered: 10/29/2007)
2007-10-294CONSENT to Proceed Before a US Magistrate Judge by Electronic Frontier Foundation.. (Hofmann, Marcia) (Filed on 10/29/2007) (Entered: 10/29/2007)
2007-10-296MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 10/29/2007) (Entered: 10/29/2007)
2007-10-297Declaration of Marcia Hofmann in Support of 6 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A-D# 2 Exhibit E-H# 3 Exhibit I# 4 Exhibit J-L# 5 Exhibit M-P)(Related document(s) 6 ) (Hofmann, Marcia) (Filed on 10/29/2007) (Entered: 10/29/2007)
2007-10-298Proposed Order re 6 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 10/29/2007) (Entered: 10/29/2007)
2007-10-299MOTION to Shorten Time For Hearing on Plaintiffs Motion for Preliminary Injunction filed by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 10/29/2007) (Entered: 10/29/2007)
2007-10-2910MEMORANDUM in Support re 9 MOTION to Shorten Time For Hearing on Plaintiffs Motion for Preliminary Injunction filed byElectronic Frontier Foundation. (Related document(s) 9 ) (Hofmann, Marcia) (Filed on 10/29/2007) (Entered: 10/29/2007)
2007-10-2911Declaration of Marcia Hofmann in Support of 9 MOTION to Shorten Time For Hearing on Plaintiffs Motion for Preliminary Injunction filed byElectronic Frontier Foundation. (Related document(s) 9 ) (Hofmann, Marcia) (Filed on 10/29/2007) (Entered: 10/29/2007)
2007-10-2912Declaration of Marcia Hofmann in Support of 9 MOTION to Shorten Time For Hearing on Plaintiffs Motion for Preliminary Injunction :Proof of Service Declaration filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Related document(s) 9 ) (Hofmann, Marcia) (Filed on 10/29/2007) (Entered: 10/29/2007)
2007-10-2913Proposed Order re 9 MOTION to Shorten Time For Hearing on Plaintiffs Motion for Preliminary Injunction by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 10/29/2007) (Entered: 10/29/2007)
2007-10-3014NOTICE of Appearance by Andrew Irwin Warden (Warden, Andrew) (Filed on 10/30/2007) (Entered: 10/30/2007)
2007-10-3015Declination to Proceed Before a U.S. Magistrate Judge by Office of the Director of National Intelligence. (Warden, Andrew) (Filed on 10/30/2007) (Entered: 10/30/2007)
2007-10-3016ORDER by Judge Edward M. Chen granting 5 Motion for Pro Hac Vice (bpf, COURT STAFF) (Filed on 10/30/2007) (Entered: 10/30/2007)
2007-10-3017CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (bpf, COURT STAFF) (Filed on 10/30/2007) (Entered: 10/30/2007)
2007-10-3118ORDER REASSIGNING CASE. Case reassigned to Judge Susan Illston for all further proceedings. Judge Edward M. Chen no longer assigned to the case.. Signed by Executive Committee on 10/31/07. (as, COURT STAFF) (Filed on 10/31/2007) (Entered: 10/31/2007)
2007-11-0119STIPULATION re 9 MOTION to Shorten Time For Hearing on Plaintiffs Motion for Preliminary Injunction by Office of the Director of National Intelligence. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 11/1/2007) (Entered: 11/01/2007)
2007-11-0620CLERK'S NOTICE Case Management Conference set for 1/25/2008 02:00 PM. (Attachments: # 1 ) (ts, COURT STAFF) (Filed on 11/6/2007) (Entered: 11/06/2007)
2007-11-0621ORDER by Judge Illston finding as moot 9 Motion to Shorten Time ; setting motion for prelim. injunction on 11/30/07 @ 9:00 a.m. (ts, COURT STAFF) (Filed on 11/6/2007) (Entered: 11/06/2007)
2007-11-06Set/Reset Deadlines as to 6 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction . Motion Hearing set for 11/30/2007 09:00 AM. (ys, COURT STAFF) (Filed on 11/6/2007) (Entered: 11/07/2007)
2007-11-06Set Deadlines/Hearings: Case Management Conference set for 1/25/2008 02:00 PM. (ys, COURT STAFF) (Filed on 11/6/2007) (Entered: 11/07/2007)
2007-11-0922Memorandum in Opposition re 6 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed byOffice of the Director of National Intelligence. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Proposed Order)(Warden, Andrew) (Filed on 11/9/2007) (Entered: 11/09/2007)
2007-11-1623Reply Memorandum in Support of 6 Motion for Preliminary Injunction filed byElectronic Frontier Foundation. (Sobel, David) (Filed on 11/16/2007) Modified on 11/19/2007 (ys, COURT STAFF). (Entered: 11/16/2007)
2007-11-1624Declaration of David L. Sobel in Support of 23 Reply Memorandum in Support of Motion for Preliminary Injunction filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Related document(s) 23 ) (Sobel, David) (Filed on 11/16/2007) (Entered: 11/16/2007)
2007-11-2625ANSWER to Complaint byOffice of the Director of National Intelligence. (Warden, Andrew) (Filed on 11/26/2007) (Entered: 11/26/2007)
2007-11-2726ORDER GRANTING IN PART AND DENYING IN PART 6 PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 11/27/2007) (Entered: 11/27/2007)
2008-01-0427ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Warden, Andrew) (Filed on 1/4/2008) (Entered: 01/04/2008)
2008-01-0428ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Hofmann, Marcia) (Filed on 1/4/2008) (Entered: 01/04/2008)
2008-01-0429NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Hofmann, Marcia) (Filed on 1/4/2008) (Entered: 01/04/2008)
2008-01-0730MOTION to Appear by Telephone at Case Management Conference filed by Office of the Director of National Intelligence. Motion Hearing set for 1/25/2008 02:00 PM. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 1/7/2008) (Entered: 01/07/2008)
2008-01-0831ORDER by Judge Illston granting 30 Motion to Appear by Telephone (ts, COURT STAFF) (Filed on 1/8/2008) (Entered: 01/08/2008)
2008-01-1632JOINT CASE MANAGEMENT STATEMENT filed by Office of the Director of National Intelligence. (Attachments: # 1 Proposed Order Establishing Summary Judgment Briefing Schedule)(Warden, Andrew) (Filed on 1/16/2008) (Entered: 01/16/2008)
2008-01-1733ADR Clerks Notice Setting ADR Phone Conference on 1/22/08 at 2:00 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 1/17/2008) (Entered: 01/17/2008)
2008-01-22ADR Remark: ADR Phone Conference conducted on 1/22/08 by HAH. (tjs, COURT STAFF) (Filed on 1/22/2008) (Entered: 01/22/2008)
2008-01-2934SCHEDULING ORDER. Signed by Judge Illston on 1/25/08. (ts, COURT STAFF) (Filed on 1/29/2008) (Entered: 01/29/2008)
2008-01-2935Minute Entry: Initial Case Management Conference held on 1/25/2008 before Illston (Date Filed: 1/29/2008). continued to 3/7/08 for motions () (ts, COURT STAFF) (Date Filed: 1/29/2008) (Entered: 01/29/2008)
2008-02-0536MOTION for Summary Judgment filed by Office of the Director of National Intelligence. Motion Hearing set for 3/7/2008 09:00 AM. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 2/5/2008) (Entered: 02/05/2008)
2008-02-0537Memorandum of Points and Authorities in support of re 36 MOTION for Summary Judgment filed byOffice of the Director of National Intelligence. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Related document(s) 36 ) (Warden, Andrew) (Filed on 2/5/2008) Modified on 2/6/2008 (ys, COURT STAFF). (Entered: 02/05/2008)
2008-02-1338STIPULATION Re: Extension of Briefing Schedule For Motion For Summary Judgment and Proposed Order by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 2/13/2008) (Entered: 02/13/2008)
2008-02-1439ORDER continuing motion to 3/21/08. Signed by Judge Illston on 2/14/08. (ts, COURT STAFF) (Filed on 2/14/2008) (Entered: 02/14/2008)
2008-02-14Set/Reset Deadlines as to 36 MOTION for Summary Judgment. Motion Hearing set for 3/21/2008 09:00 AM. (ys, COURT STAFF) (Filed on 2/14/2008) (Entered: 02/19/2008)
2008-02-2140MOTION to Relate Case 08-1023-EDL filed by Electronic Frontier Foundation. (Attachments: # 1 Declaration of Marcia Hofmann, # 2 Proposed Order)(Hofmann, Marcia) (Filed on 2/21/2008) Modified on 2/22/2008 (ys, COURT STAFF). (Entered: 02/21/2008)
2008-02-2241STIPULATION Re: Motion for Summary Judgment by Electronic Frontier Foundation. (Attachments: # 1 Proposed Order)(Hofmann, Marcia) (Filed on 2/22/2008) (Entered: 02/22/2008)
2008-02-2742Minute Entry: Telephone Conference (Date Filed: 2/27/2008). The Court will not sign the recently submitted stipulation re: summary judgment.Counsel will be submitting a Rule 41 dismissal.() (ts, COURT STAFF) (Date Filed: 2/27/2008) (Entered: 02/27/2008)
2008-02-2843Memorandum in Opposition re 40 MOTION to Relate Case filed byOffice of the Director of National Intelligence. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 2/28/2008) (Entered: 02/28/2008)
2008-03-0444STIPULATION Of Dismissal by Office of the Director of National Intelligence. (Warden, Andrew) (Filed on 3/4/2008) (Entered: 03/04/2008)
2008-03-0545ORDER by Judge Illston denying 40 Motion to Relate Case (ts, COURT STAFF) (Filed on 3/5/2008) (Entered: 03/05/2008)
2008-03-0546ORDER DISMISSING CASE. EFF will move for attorney's fees no later than 4/11/08. ODNI will oppose EFF's motion for attorney's fees no later than 4/25/08. EFF will reply to ODNI's opposition no later than 5/2/08. The Court will hear the motion for attorney's fees on 5/16/08. Signed by Judge Illston on 3/5/08. (ts, COURT STAFF) (Filed on 3/5/2008) (Entered: 03/05/2008)
2008-04-0147STIPULATION Extending Hearing Date And Briefing Schedule For Motion For Attorney's Fees by Office of the Director of National Intelligence. (Warden, Andrew) (Filed on 4/1/2008) (Entered: 04/01/2008)
2008-04-1148MOTION for Attorney Fees and Costs; Memorandum of Points and Authorities in Support of Motion for an Award of Attorney's Fees and Costs filed by Electronic Frontier Foundation. Motion Hearing set for 5/16/2008 09:00 AM in Courtroom 10, 19th Floor, San Francisco. (Hofmann, Marcia) (Filed on 4/11/2008) (Entered: 04/11/2008)
2008-04-1149Declaration of Marcia Hofmann in Support of 48 MOTION for Attorney Fees and Costs; Memorandum of Points and Authorities in Support of Motion for an Award of Attorney's Fees and Costs filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A-F)(Related document(s) 48 ) (Hofmann, Marcia) (Filed on 4/11/2008) (Entered: 04/11/2008)
2008-04-1150Declaration of David L. Sobel in Support of 48 MOTION for Attorney Fees and Costs; Memorandum of Points and Authorities in Support of Motion for an Award of Attorney's Fees and Costs filed byElectronic Frontier Foundation. (Related document(s) 48 ) (Hofmann, Marcia) (Filed on 4/11/2008) (Entered: 04/11/2008)
2008-04-1151Declaration of Kurt Opsahl in Support of 48 MOTION for Attorney Fees and Costs; Memorandum of Points and Authorities in Support of Motion for an Award of Attorney's Fees and Costs filed byElectronic Frontier Foundation. (Related document(s) 48 ) (Hofmann, Marcia) (Filed on 4/11/2008) (Entered: 04/11/2008)
2008-04-1152Declaration of Jennifer Stisa Granick in Support of 48 MOTION for Attorney Fees and Costs; Memorandum of Points and Authorities in Support of Motion for an Award of Attorney's Fees and Costs filed byElectronic Frontier Foundation. (Related document(s) 48 ) (Hofmann, Marcia) (Filed on 4/11/2008) (Entered: 04/11/2008)
2008-04-1153Proposed Order re 48 MOTION for Attorney Fees and Costs; Memorandum of Points and Authorities in Support of Motion for an Award of Attorney's Fees and Costs by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 4/11/2008) (Entered: 04/11/2008)
2008-04-1554CLERK'S NOTICE Continuing Motion Hearing Motion Hearing set for 5/23/2008 09:00 AM. (ts, COURT STAFF) (Filed on 4/15/2008) (Entered: 04/15/2008)
2008-04-1555***ERRONEOUS ATTACHMENT***CLERK'S NOTICE Continuing Motion Hearing Motion Hearing set for 5/30/2008 09:00 AM. (ts, COURT STAFF) (Filed on 4/15/2008) Modified on 4/16/2008 (ys, COURT STAFF). (Entered: 04/15/2008)
2008-04-15Set/Reset Deadlines as to 48 MOTION for Attorney Fees and Costs; Memorandum of Points and Authorities in Support of Motion for an Award of Attorney's Fees and Costs . Motion Hearing set for 5/23/2008 09:00 AM. (ys, COURT STAFF) (Filed on 4/15/2008) (Entered: 04/16/2008)
2008-05-0256Memorandum in Opposition re 48 MOTION for Attorney Fees and Costs; Memorandum of Points and Authorities in Support of Motion for an Award of Attorney's Fees and Costs filed byOffice of the Director of National Intelligence. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Proposed Order)(Warden, Andrew) (Filed on 5/2/2008) (Entered: 05/02/2008)
2008-05-0957RESPONSE in Support re 48 MOTION for Attorney Fees and Costs; Memorandum of Points and Authorities in Support of Motion for an Award of Attorney's Fees and Costs filed byElectronic Frontier Foundation. (Hofmann, Marcia) (Filed on 5/9/2008) (Entered: 05/09/2008)
2008-05-0958Declaration of David L. Sobel in Support of 57 Response in Support, Motion for Attorney Fees and Costs; Memorandum of Points and Authorities in Support of Motion for an Award of Attorney's Fees and Costs filed byElectronic Frontier Foundation. (Related document(s) 57 ) (Hofmann, Marcia) (Filed on 5/9/2008) (Entered: 05/09/2008)
2008-05-0959Declaration of Marcia Hofmann in Support of 57 Response in Support, Motion for Attorney Fees and Costs; Memorandum of Points and Authorities in Support of Motion for an Award of Attorney's Fees and Costs filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A-B)(Related document(s) 57 ) (Hofmann, Marcia) (Filed on 5/9/2008) (Entered: 05/09/2008)
2008-05-0960Declaration of Kurt Opsahl in Support of 57 Response in Support, Motion for Attorney Fees and Costs; Memorandum of Points and Authorities in Support of Motion for an Award of Attorney's Fees and Costs filed byElectronic Frontier Foundation. (Related document(s) 57 ) (Hofmann, Marcia) (Filed on 5/9/2008) (Entered: 05/09/2008)
2008-05-0961Declaration of Thomas H. Steele in Support of 57 Response in Support, Motion for Attorney Fees and Costs; Memorandum of Points and Authorities in Support of Motion for an Award of Attorney's Fees and Costs filed byElectronic Frontier Foundation. (Related document(s) 57 ) (Hofmann, Marcia) (Filed on 5/9/2008) (Entered: 05/09/2008)
2008-05-0962Proposed Order re 57 Response in Support, Motion for Attorney Fees and Costs; Memorandum of Points and Authorities in Support of Motion for an Award of Attorney's Fees and Costs by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 5/9/2008) (Entered: 05/09/2008)
2008-05-2263ORDER VACATING ORAL ARGUMENT re 48 plaintiff's motion for attorney's fees and costs. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 5/22/2008) (Entered: 05/22/2008)
2008-06-0464ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND COSTS re 48 . Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 6/4/2008) (Entered: 06/04/2008)
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