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Case TitleAmerican Civil Liberties Union et al v. Department of Justice
DistrictNorthern District of California
CityOakland
Case Number4:2017cv03571
Date Filed2017-06-21
Date ClosedOpen
JudgeHon. Jeffrey S. White
PlaintiffAmerican Civil Liberties Union of Northern California
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
Case DescriptionThe ACLU submitted a FOIA request to the Department of Justice for a memorandum entitled "Determining Whether Evidence is Derived from Surveillance under Title III or FISA," and related records. The ACLU also requested expedited processing and a fee waiver. The agency located the 31-page memo, which it withheld entirely under Exemption 5 (deliberative process privilege). A two-page document was also withheld under Exemption 5, Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). The ACLU filed an administrative appeal with the Office of Information Policy. OIP upheld the denial, but explained that the memo fell under the attorney work-product privilege rather than under the deliberative process privilege. The ACLU then filed suit.
Complaint issues: Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDepartment of Justice
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-211COMPLAINT COMPLAINT FOR INJUNCTIVE RELIEF against Department of Justice ( Filing fee $ 400, receipt number 0971-11488531.). Filed byAmerican Civil Liberties Union of Northern California, American Civil Liberties Foundation of Northern California, American Civil Liberties Union. (Attachments: # 1 Civil Cover Sheet)(Lye, Linda) (Filed on 6/21/2017) (Entered: 06/21/2017)
2017-06-212Proposed Summons. (Lye, Linda) (Filed on 6/21/2017) (Entered: 06/21/2017)
2017-06-213Certificate of Interested Entities by American Civil Liberties Foundation of Northern California, American Civil Liberties Union, American Civil Liberties Union of Northern California CERTIFICATION OF INTERESTED ENTITIES OR PERSONS (Lye, Linda) (Filed on 6/21/2017) (Entered: 06/21/2017)
2017-06-214NOTICE of Appearance of Matthew T. Cagle (Lye, Linda) (Filed on 6/21/2017) Modified on 6/22/2017 (jmlS, COURT STAFF). (Entered: 06/21/2017)
2017-06-215MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11489210.) filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union, American Civil Liberties Union of Northern California. (Diakun, Anna) (Filed on 6/21/2017) (Entered: 06/21/2017)
2017-06-216MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11489337.) filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union, American Civil Liberties Union of Northern California. (Toomey, Patrick) (Filed on 6/21/2017) (Entered: 06/21/2017)
2017-06-217Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/5/2017. (jmlS, COURT STAFF) (Filed on 6/21/2017) (Entered: 06/21/2017)
2017-06-228Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/12/2017. Initial Case Management Conference set for 9/19/2017 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (jmlS, COURT STAFF) (Filed on 6/22/2017) (Entered: 06/22/2017)
2017-06-229Summons Issued as to Department of Justice, U.S. Attorney and U.S. Attorney General (jmlS, COURT STAFF) (Filed on 6/22/2017) (Entered: 06/22/2017)
2017-06-2310ORDER by Judge Kandis A. Westmore granting 5 Motion for Pro Hac Vice re Anna Diakun. (kawlc1, COURT STAFF) (Filed on 6/23/2017) (Entered: 06/23/2017)
2017-06-2311ORDER by Judge Kandis A. Westmore granting 6 Motion for Pro Hac Vice re Patrick Toomey. (kawlc1, COURT STAFF) (Filed on 6/23/2017) (Entered: 06/23/2017)
2017-06-2312NOTICE of Appearance by Anna Natalia Diakun (Pro Hac Vice) (Diakun, Anna) (Filed on 6/23/2017) (Entered: 06/23/2017)
2017-06-2313NOTICE of Appearance by Patrick Toomey (Pro Hac Vice) (Toomey, Patrick) (Filed on 6/23/2017) (Entered: 06/23/2017)
2017-06-2714SUMMONS Returned Executed by American Civil Liberties Union of Northern California, American Civil Liberties Union Foundation, American Civil Liberties Union. Department of Justice served on 6/22/2017, answer due 7/13/2017. (Lye, Linda) (Filed on 6/27/2017) (Entered: 06/27/2017)
2017-06-2815CERTIFICATE OF SERVICE by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Northern California Proof of Service of Documents (Lye, Linda) (Filed on 6/28/2017) (Entered: 06/28/2017)
2017-07-0516CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Northern California.. (Lye, Linda) (Filed on 7/5/2017) (Entered: 07/05/2017)
2017-07-1417NOTICE of Appearance by Timothy Andrew Johnson (Johnson, Timothy) (Filed on 7/14/2017) (Entered: 07/14/2017)
2017-07-1418ANSWER to Complaint byDepartment of Justice. (Johnson, Timothy) (Filed on 7/14/2017) (Entered: 07/14/2017)
2017-07-1419CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Department of Justice.. (Johnson, Timothy) (Filed on 7/14/2017) (Entered: 07/14/2017)
2017-07-1720CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (sisS, COURT STAFF) (Filed on 7/17/2017) (Entered: 07/17/2017)
2017-07-1721ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Jeffrey S. White for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 7/17/2017. (Attachments: # 1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 7/17/2017) (Entered: 07/17/2017)
2017-07-1822ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on 7/18/17. Joint Case Management Statement due by 9/22/2017. Initial Case Management Conference set for 9/29/2017 11:00 AM in Courtroom 5, 2nd Floor, Oakland. (jjoS, COURT STAFF) (Filed on 7/18/2017) (Entered: 07/18/2017)
2017-08-0923JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Northern California, Department of Justice. (Lye, Linda) (Filed on 8/9/2017) Modified on 8/10/2017 (cjlS, COURT STAFF). (Entered: 08/09/2017)
2017-08-1024CASE MANAGEMENT ORDER. Signed by Judge Jeffrey S. White on 8/10/17. Opening Motions due by 9/1/2017. Cross Motion and Responses due by 9/29/2017. Cross Opposition and Replies due by 10/20/2017. Reply due by 11/3/2017. Motion Hearing set for 11/17/2017 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White.(jjoS, COURT STAFF) (Filed on 8/10/2017) (Entered: 08/10/2017)
2017-09-0125MOTION for Summary Judgment filed by Department of Justice. Motion Hearing set for 11/17/2017 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Responses due by 9/29/2017. Replies due by 10/20/2017. (Attachments: # 1 Exhibit 1, Declaration of Susan L. Kim, # 2 Proposed Order)(Johnson, Timothy) (Filed on 9/1/2017) (Entered: 09/01/2017)
2017-09-2926Cross MOTION for Summary Judgment and Opposition filed by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Northern California. Motion Hearing set for 11/17/2017 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Judge Jeffrey S. White. Responses due by 10/20/2017. Replies due by 11/3/2017. (Lye, Linda) (Filed on 9/29/2017) (Entered: 09/29/2017)
2017-09-2927Declaration of Anna Diakun in Support of 26 Cross MOTION for Summary Judgment and Opposition to Defendants' MSJ filed byAmerican Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Northern California. (Attachments: # 1 Exhibit Exhibits 1-29)(Related document(s) 26 ) (Lye, Linda) (Filed on 9/29/2017) (Entered: 09/29/2017)
2017-09-2928Proposed Order Re: 26 Cross MOTION for Summary Judgment and Opposition by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Northern California. (Lye, Linda) (Filed on 9/29/2017) Modified on 10/2/2017 (cjlS, COURT STAFF). (Entered: 09/29/2017)
2017-10-2029Opposition to 25 MOTION for Summary Judgment and REPLY to 26 Cross MOTION for Summary Judgment filed by Department of Justice. (Johnson, Timothy) (Filed on 10/20/2017) Modified on 10/23/2017 (cjlS, COURT STAFF). (Entered: 10/20/2017)
2017-10-2730Unopposed ADMINISTRATIVE MOTION extension of page limitation and [Proposed] Order filed by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Northern California. Responses due by 10/31/2017. (Lye, Linda) (Filed on 10/27/2017) Modified on 10/30/2017 (cjlS, COURT STAFF). (Entered: 10/27/2017)
2017-10-3031ORDER by Judge Jeffrey S. White granting AS MODIFIED 30 Unopposed Administrative Motion for extension of page limitation. (jjoS, COURT STAFF) (Filed on 10/30/2017) (Entered: 10/30/2017)
2017-11-0332REPLY (re 26 Cross MOTION for Summary Judgment and Opposition , 25 MOTION for Summary Judgment ) filed byAmerican Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Northern California. (Lye, Linda) (Filed on 11/3/2017) (Entered: 11/03/2017)
2017-11-0333Declaration of Matthew Cagle in Support of 32 Reply to Opposition/Response, Declaration of Matthew Cagle in Support of Plaintiffs' Reply filed byAmerican Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Northern California. (Related document(s) 32 ) (Lye, Linda) (Filed on 11/3/2017) (Entered: 11/03/2017)
2017-11-0834CLERK'S NOTICE CONTINUING HEARING ON CROSS MOTIONS FOR SUMMARY JUDGMENT Motion Hearing set for 1/5/2018 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Judge Jeffrey S. White. (jjoS, COURT STAFF) (Filed on 11/8/2017) (Entered: 11/08/2017)
2018-01-0335CLERK'S NOTICE VACATING HEARING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT (jjoS, COURT STAFF) (Filed on 1/3/2018) (Entered: 01/03/2018)
2018-01-2236NOTICE by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Northern California of Supplemental Authority (Lye, Linda) (Filed on 1/22/2018) (Entered: 01/22/2018)
2018-01-2237Joint ADMINISTRATIVE MOTION leave to file supplemental briefs filed by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Northern California. Responses due by 1/26/2018. (Lye, Linda) (Filed on 1/22/2018) Modified on 1/23/2018 (cpS, COURT STAFF). (Entered: 01/22/2018)
2018-01-2338ORDER GRANTING 37 Joint Administrative Motion for Leave to File Supplemental Briefs. Supplemental Briefs due by 2/9/2018. Signed by Judge Jeffrey S. White on January 23, 2018. (jswlc3S, COURT STAFF) (Filed on 1/23/2018) (Entered: 01/23/2018)
2018-02-0939Defendant's Brief Regarding the Ninth Circuit's Decision in ACLU of Northern California v. Department of Justice filed by Department of Justice. (Johnson, Timothy) (Filed on 2/9/2018) Modified on 2/12/2018 (cjlS, COURT STAFF). (Entered: 02/09/2018)
2018-02-0940Plaintiff's Supplemental Brief Regarding Recent Authority filed by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Northern California. (Attachments: # 1 Declaration Second Declaration of Matthew Cagle)(Lye, Linda) (Filed on 2/9/2018) Modified on 2/12/2018 (cjlS, COURT STAFF). (Entered: 02/09/2018)
2018-07-1741NOTICE of Substitution of Counsel by Courtney Enlow (Enlow, Courtney) (Filed on 7/17/2018) (Entered: 07/17/2018)
2018-10-1042NOTICE of Change of Address by Courtney Enlow (Enlow, Courtney) (Filed on 10/10/2018) (Entered: 10/10/2018)
2018-11-1443NOTICE by American Civil Liberties Union, American Civil Liberties Union Foundation, American Civil Liberties Union of Northern California Notice of Withdrawal of Counsel Linda Lye and [Proposed] Order Permitting Withdrawal (Cagle, Matthew) (Filed on 11/14/2018) (Entered: 11/14/2018)
2018-11-1444ORDER GRANTING 43 Notice of Withdrawal of Counsel. Signed by Judge Jeffrey S. White on November 14, 2018. (jswlc3S, COURT STAFF) (Filed on 11/14/2018) (Entered: 11/14/2018)
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