Case Detail

FOIA Project Annotation: A federal court in California has rejected the Justice Department's request to stay a FOIA suit brought by the First Amendment Coalition for the legal analysis contained in a memo by the Office of Legal Counsel pertaining to the government's ability to take lethal action against terrorists abroad who are U.S. citizens. The agency argued the disclosure of the memo was already being litigated in two cases in the Southern District of New Yorkâ€"one brought by the New York Times and the other by the ACLU. DOJ argued that separate conflicting decisions could compromise its ability to protect privileged information. But the court noted that "the government, however, does not explain how multiple FOIA cases 'unnecessarily compromise' its 'ability to protected privileged information. The only way that these proceedings will compromise the government's ability to withhold information is if a court determines that the information is not subject to a FOIA exemption, in which case the government does not have a legitimate interest in withholding it from public disclosure." Relying on the Supreme Court's ruling in Taylor v. Sturgell, 553 U.S. 880 (2008), in which the Court found that res judicata did not prevent a requester that was not a party to the original suit from litigating over the same document in a subsequent suit, the court pointed out that "the Supreme Court has clearly stated that 'conflicting decisions,' such as those described by the government, are acceptable in FOIA cases." The court explained that "because DOJ has already filed a summary judgment motion in the SDNY cases. . .it should not be difficult for DOJ to file a cross-motion for summary judgment here." However, the court said it would stay ruling on the case until the Southern District ruled. The court observed that "if the SDNY orders disclosure of the memorandum, this case may be rendered moot. However, as DOJ acknowledges, if the SDNY declines to require disclosure of the memorandum, this Court will be required to address separately the merits of this suit."
Issues: Delay - Stay of proceedings

FOIA Project Annotation: In a rather unfortunate case of bad timing for the plaintiffs, a federal court in California has ruled that the legal analysis contained in the Justice Department's Office of Legal Counsel memo pertaining to targeted drone strikes was properly withheld by the Justice Department under Exemption 1 (national security) and Exemption 5 (deliberative process privilege) and that public comments by various high government officials did not constitute a waiver of either exemption. The court relied primarily on last year's decision by a district court in New York, but, ironically, that decision was overturned by the Second Circuit ten days after the California court had ruled. In response to a suit filed by the First Amendment Coalition for the legal analysis contained the OLC memo, Judge Claudia Wilken reviewed essentially the same set of facts, finding that speeches and congressional testimony by Attorney General Eric Holder, CIA Director John Brennan, and former Defense Department Counsel Jeh Johnson did not disclose the same level of detail as contained in the OLC memo. Wilken also was aware of the existence of a leaked DOJ White Paper, which was key to the Second Circuit's decision, but not aware of the government's subsequent confirmation of the authenticity of the DOJ White Paper. Finding that Holder, Brennan, and Johnson had not disclosed the substance of the legal analysis, Wilken pointed out that "here, it appears that the document requested includes more detail than that contained in the speeches and interviews cited by Plaintiff." She added that "moreover, legal citations are not 'facts' that can be acknowledged. The D.C. Circuit has held [in Public Citizen v. Dept of State, 11 F.3d 198 (D.C. Cir. 1993)] that Exemption One is not waived if an official discusses the 'general subject matter' of the records requested. Plaintiff makes much of the fact that the unclassified White Paper prepared for Congress has been leaked and acknowledged by the government. However, there has been no 'official disclosure' of the White Paper." The Coalition argued that the government had waived Exemption 5 by publicly discussing the legal analysis. But Wilken pointed out that the only time the OLC memo had been mentioned was when White House Press Secretary Jay Carney said the memo had been provided to Congress in relation to the DOJ White Paper. Wilken observed that "at most, this might support an argument that the government has expressly relied on the leaked White Paper because it has referred the press and the public to that document. Stating that the President has provided Congress with OLC advice 'related to the subject of' the White Paper is far from an express adoption of the analysis in the DOD memorandum." Wilken found that disclosure of the OLC memo to Congress did not constitute a waiver based on 5 U.S.C. 552(c), which provides that "this section is not authority to withhold information from Congress." Wilken agreed that DOJ's Glomar response neither confirming nor denying that legal analysis had been provided to other agencies was appropriate because such a disclosure would indicate what agencies had considered targeting Anwar al-Awlaki.
Issues: Exemption 1 - Harm to national security, Exemption 5 - Privileges - Deliberative process privilege - Deliberative

FOIA Project Annotation: A federal court in California has vacated its previous ruling finding that the Department of Justice had properly withheld an Office of Legal Counsel memo concerning the targeted killing of Anwar al-Awlaki after the Second Circuit ordered the agency to disclose the same memo to the New York Times and the ACLU in separate FOIA litigation. Once the memo was disclosed in the New York Times case, DOJ disclosed the same redacted memo to the First Amendment Coalition. The First Amendment Coalition then filed a motion with the federal district court in California asking it to vacate its previous ruling, and, further, to award the Coalition attorney's fees. Relying on the Supreme Court's decision in United States v. Munsingwear, Inc, 340 U.S. 36 (1950), the First Amendment Coalition argued that "vactur is required because Defendant's decision to release the OLC-DOD memorandum and the CIA memorandum in August rendered the case moot while it was still under review." The government asserted that the case was more akin to a settlement agreement and did not require vacating the previous decision. Finding that neither situation applied, Judge Claudia Wilken concluded that "the case is moot based on both parties' decision to abandon their right to review. . .[The government] voluntarily disclosed the CIA memorandum to Plaintiff in this case and, when asked to state its position on whether this case is moot, responded that there were no issues left for this Court to consider. At the same time, Plaintiff abandoned its right to pursue its motion for reconsideration. . .[T]he Court was not called upon to consider Plaintiff's motion to reconsideration of the summary judgment order. . . Accordingly, the Court now exercises its discretion to vacate its summary judgment order." Wilken then rejected the First Amendment Coalition's attorney's fees motion, finding the Coalition had not substantially prevailed in the litigation. She pointed out that "Defendant in this case released the documents largely as a result of the Second Circuit's ruling in NY Times, not as a result of the ruling in this case. Moreover, Plaintiff voluntarily abandoned its motion for reconsideration of the Court's order and agreed that no issues remained for litigation instead of pursuing an appeal."
Issues: Litigation - Jurisdiction - Standing

Date Filed	Doc #	Docket Text
2012-02-29	1	COMPLAINT against U.S. Department of Justice ( Filing fee $ 350, receipt number 34611071132.). Filed byFirst Amendment Coalition. (vlk, COURT STAFF) (Filed on 2/29/2012) (Additional attachment(s) added on 3/2/2012: # 1 Civil Cover Sheet) (vlk, COURT STAFF). (Entered: 02/29/2012)
2012-02-29	2	Summons Issued as to U.S. Department of Justice, U.S. Attorney and U.S. Attorney General (vlk, COURT STAFF) (Filed on 2/29/2012) (Additional attachment(s) added on 3/2/2012: # 1 Civil Cover Sheet) (vlk, COURT STAFF). (Additional attachment(s) added on 3/2/2012: # 1 Summons, # 2 Summons) (vlk, COURT STAFF). (Entered: 02/29/2012)
2012-02-29	3	ADR SCHEDULING ORDER: Case Management Statement due by 6/6/2012. Case Management Conference set for 6/13/2012 01:30 PM. (Attachments: # 1 Standing Order)(vlk, COURT STAFF) (Filed on 2/29/2012) (Entered: 02/29/2012)
2012-03-02	4	AFFIDAVIT of Service for Summons, Complaint, etc. served on Melinda L. Haag, U.S. Attorney on February 29, 2012, filed by First Amendment Coalition. (Burke, Thomas) (Filed on 3/2/2012) (Entered: 03/02/2012)
2012-03-02	5	AFFIDAVIT of Service for Summons, Complaint, etc. served on U.S. Department of Justice on March 1, 2012, filed by First Amendment Coalition. (Burke, Thomas) (Filed on 3/2/2012) (Entered: 03/02/2012)
2012-03-02	6	AFFIDAVIT of Service for Summons, Complaint, etc. served on Office of Information Policy on March 1, 2012, filed by First Amendment Coalition. (Burke, Thomas) (Filed on 3/2/2012) (Entered: 03/02/2012)
2012-03-09	7	NOTICE of Appearance by Amy Powell (Powell, Amy) (Filed on 3/9/2012) (Entered: 03/09/2012)
2012-03-09	8	Declination to Proceed Before a U.S. Magistrate Judge by U.S. Department of Justice . (Powell, Amy) (Filed on 3/9/2012) (Entered: 03/09/2012)
2012-03-12	9	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ig, COURT STAFF) (Filed on 3/12/2012) (Entered: 03/13/2012)
2012-03-14	10	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Claudia Wilken for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by the Executive Committee on March 14, 2012. (cjl, COURT STAFF) (Filed on 3/14/2012) (Entered: 03/14/2012)
2012-03-14	11	CERTIFICATE OF SERVICE by First Amendment Coalition re 5 Affidavit of Service, 6 Affidavit of Service re Certified Mail Service (Burke, Thomas) (Filed on 3/14/2012) (Entered: 03/14/2012)
2012-03-15	12	CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE: Case Management Statement due by 6/13/2012. Case Management Conference set for 6/20/2012 02:00 PM. Signed by Judge Claudia Wilken on 3/15/2012. (Attachments: # 1 Standing Order)(ndr, COURT STAFF) (Filed on 3/15/2012) (Entered: 03/15/2012)
2012-03-15	13	CERTIFICATE OF SERVICE by First Amendment Coalition re 12 Case Management Scheduling Order, (Burke, Thomas) (Filed on 3/15/2012) (Entered: 03/15/2012)
2012-03-30	14	ANSWER to Complaint byU.S. Department of Justice. (Powell, Amy) (Filed on 3/30/2012) (Entered: 03/30/2012)
2012-06-01	15	Certificate of Interested Entities by First Amendment Coalition (Burke, Thomas) (Filed on 6/1/2012) (Entered: 06/01/2012)
2012-06-01	16	Statement Of Corporate Disclosure by First Amendment Coalition. (Burke, Thomas) (Filed on 6/1/2012) (Entered: 06/01/2012)
2012-06-05	17	ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 6/5/2012) (Entered: 06/05/2012)
2012-06-08	18	STIPULATION WITH PROPOSED ORDER regarding Relief from Referral to ADR filed by U.S. Department of Justice, First Amendment Coalition. (Powell, Amy) (Filed on 6/8/2012) Modified on 6/11/2012 (cp, COURT STAFF). (Entered: 06/08/2012)
2012-06-11	19	Order granting 18 Stipulation entered by Hon. Claudia Wilken. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 06/11/2012)
2012-06-12	20	MOTION to Stay Proceedings filed by U.S. Department of Justice. Motion Hearing set for 6/19/2012 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 6/26/2012. Replies due by 7/3/2012. (Powell, Amy) (Filed on 6/12/2012) (Entered: 06/12/2012)
2012-06-12	21	Certificate of Interested Entities by U.S. Department of Justice (Powell, Amy) (Filed on 6/12/2012) (Entered: 06/12/2012)
2012-06-12	22	Consent MOTION to Appear by Telephone filed by U.S. Department of Justice. (Powell, Amy) (Filed on 6/12/2012) (Entered: 06/12/2012)
2012-06-13		Reset Deadlines as to 20 MOTION to Stay Proceedings . Motion Hearing set for 7/19/2012 02:00 PM before Hon. Claudia Wilken. (ndr, COURT STAFF) (Filed on 6/13/2012) (Entered: 06/13/2012)
2012-06-13	23	CASE MANAGEMENT STATEMENT (JOINT) filed by First Amendment Coalition, U.S. Department of Justice. (Burke, Thomas) (Filed on 6/13/2012) Modified on 6/14/2012 (cp, COURT STAFF). (Entered: 06/13/2012)
2012-06-13		CLERKS NOTICE. Notice is hereby given that the case management conference, previously set for Wednesday, June 20, 2012, is continued to Thursday, July 19, 2012, at 2:00 p.m., to be heard along with the 20 motion to stay proceedings, in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA 94612. Case Management Statement due by July 12, 2012. (This is a text only docket entry, there is no document associated with this notice.) (ndr, COURT STAFF) (Filed on 6/13/2012) (Entered: 06/13/2012)
2012-06-26	24	RESPONSE (re 20 MOTION to Stay Proceedings ) filed byFirst Amendment Coalition. (Attachments: # 1 Request for Judicial Notice, # 2 Segal Declaration with Exhibits A-D)(Burke, Thomas) (Filed on 6/26/2012) (Entered: 06/26/2012)
2012-07-03	25	REPLY (re 20 MOTION to Stay Proceedings ) filed byU.S. Department of Justice. (Powell, Amy) (Filed on 7/3/2012) (Entered: 07/03/2012)
2012-07-16	26	STIPULATION TO POSTPONE COURT DATE filed by First Amendment Coalition, U.S. Department of Justice. (Burke, Thomas) (Filed on 7/16/2012) Modified on 7/17/2012 (cp, COURT STAFF). (Entered: 07/16/2012)
2012-07-16		CLERKS NOTICE. Notice is hereby given that the Court, on its own motion, shall take the 20 motion to stay under submission on the papers. The hearing on the motion and the case management conference previously scheduled for Thursday, July 19, 2012, are vacated. (This is a text only docket entry, there is no document associated with this notice.) (ndr, COURT STAFF) (Filed on 7/16/2012) (Entered: 07/16/2012)
2012-07-24	27	ORDER by Judge Claudia Wilken DENYING IN PART, AND GRANTING IN PART, 20 MOTION TO STAY PROCEEDINGS AND DIRECTING PARTIES TO MEET AND CONFER.(ndr, COURT STAFF) (Filed on 7/24/2012) (Entered: 07/24/2012)
2012-08-06	28	STIPULATION WITH PROPOSED ORDER RE: BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT filed by First Amendment Coalition, United States Department of Justice. (Attachments: # 1 Proposed Order)(Burke, Thomas) (Filed on 8/6/2012) Modified on 8/7/2012 (cp, COURT STAFF). (Entered: 08/06/2012)
2012-08-07	29	Order granting 28 Stipulation entered by Hon. Claudia Wilken. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 08/07/2012)
2012-08-07		Reset Deadlines: Motions due by 9/14/2012. Cross Motions/Responses due by 10/5/2012. Replies due by 10/26/2012. **See Docket No. 29.** (ndr, COURT STAFF) (Filed on 8/7/2012) (Entered: 08/07/2012)
2012-08-07		Reset Deadlines: Replies due by 11/16/2012. **See Docket No. 29.** (ndr, COURT STAFF) (Filed on 8/7/2012) (Entered: 08/07/2012)
2012-09-14	30	MOTION for Summary Judgment filed by U.S. Department of Justice. Motion Hearing set for 12/6/2012 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 10/5/2012. Replies due by 10/26/2012. (Attachments: # 1 Declaration of Paul Colborn with Exhibits, # 2 Declaration of Admiral Kurt Tidd, # 3 Declaration of John Hackett, # 4 Declaration of Amy Powell with Exhibits)(Powell, Amy) (Filed on 9/14/2012) (Entered: 09/14/2012)
2012-09-17		CLERKS NOTICE. Notice is hereby given that the hearing previously scheduled for Thursday, December 6, 2012, is vacated. Per docket no. 27, pages 7-8, Defendant was not supposed to notice this motion for hearing at the time of filing and instead the Court will set a hearing after a decision is issued in two other pending cases. (This is a text only docket entry, there is no document associated with this notice.) (ndr, COURT STAFF) (Filed on 9/17/2012) (Entered: 09/17/2012)
2012-10-05	31	Cross MOTION for Summary Judgment and Omnibus Opposition to 30 Motion for Summary Judgment filed by First Amendment Coalition. Responses due by 10/19/2012. Replies due by 10/26/2012. (Burke, Thomas) (Filed on 10/5/2012) Modified on 10/9/2012 (kcS, ). (Entered: 10/05/2012)
2012-10-05	32	Request for Judicial Notice re 31 Cross MOTION for Summary Judgment filed by First Amendment Coalition. (Related document(s) 31 ) (Burke, Thomas) (Filed on 10/5/2012) Modified on 10/9/2012 (kcS, ). (Entered: 10/05/2012)
2012-10-05	33	***STRICKEN PER ORDER,DOCUMENT # 36 *** EVIDENTIARY OBJECTIONS to Declarations in Support of 30 MOTION for Summary Judgment by First Amendment Coalition. (Burke, Thomas) (Filed on 10/5/2012) Modified on 10/9/2012 (kcS, ). Modified on 10/12/2012 (cpS, COURT STAFF). (Entered: 10/05/2012)
2012-10-05	34	Declaration of Thomas R. Burke in Support of 31 Cross MOTION for Summary Judgment filed by First Amendment Coalition. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Related document(s) 31 ) (Burke, Thomas) (Filed on 10/5/2012) Modified on 10/9/2012 (kcS, ). (Entered: 10/05/2012)
2012-10-05	35	EXHIBITS in Support of 34 Declaration filed by First Amendment Coalition. (Attachments: # 1 Exhibit N, # 2 Exhibit O Part 1 of 2, # 3 Exhibit O Part 2 of 2, # 4 Exhibit P, # 5 Exhibit Q, # 6 Exhibit R, # 7 Exhibit S, # 8 Exhibit T, # 9 Exhibit U, # 10 Exhibit V, # 11 Exhibit W, # 12 Exhibit X, # 13 Exhibit Y, # 14 Exhibit Z, # 15 Exhibit AA, # 16 Exhibit BB)(Related document(s) 34 ) (Burke, Thomas) (Filed on 10/5/2012) Modified on 10/9/2012 (kcS, ). (Entered: 10/05/2012)
2012-10-09	36	ORDER STRIKING PLAINTIFFS 33 SEPARATE EVIDENTIARY OBJECTIONS AND GRANTING PLAINTIFF LEAVE TO FILE AN AMENDED OPPOSITION AND CROSS-MOTION FOR SUMMARY JUDGMENT. Signed by Judge Claudia Wilken on 10/9/2012. (ndr, COURT STAFF) (Filed on 10/9/2012) (Entered: 10/09/2012)
2012-10-11	37	First Amendment Coalition's Cross-Motion for Summary Judgment and Omnibus Opposition to Defendant's Motion for Summary Judgment [Amended to Include Evidentiary Objections Per Court's Order] filed by First Amendment Coalition. Responses due by 10/25/2012. Replies due by 11/1/2012. (Burke, Thomas) (Filed on 10/11/2012) Modified on 10/12/2012 (cpS, COURT STAFF). Modified on 7/12/2013 (ndr, COURT STAFF). (Entered: 10/11/2012)
2012-10-26	38	RESPONSE (re 37 FIRST AMENDED CROSS-MOTION for Summary Judgment ) and Reply in Support of Defendant's Motion for Summary Judgment filed byU.S. Department of Justice. (Powell, Amy) (Filed on 10/26/2012) (Entered: 10/26/2012)
2012-11-16	39	REPLY (re 37 FIRST AMENDED CROSS-MOTION for Summary Judgment ) Plaintiff First Amendment Coalition's Reply In Support of Cross-Motion for Summary Judgment filed byFirst Amendment Coalition. (Burke, Thomas) (Filed on 11/16/2012) (Entered: 11/16/2012)
2012-11-16	40	Supplemental Request for Judicial Notice in Support of Its Reply filed byFirst Amendment Coalition. (Burke, Thomas) (Filed on 11/16/2012) Modified on 11/19/2012 (cp, COURT STAFF). (Entered: 11/16/2012)
2012-11-16	41	Declaration in Support of 39 Reply filed byFirst Amendment Coalition. (Attachments: # 1 Exhibit Manual Filing Notification for Exhibit CC, # 2 Certificate/Proof of Service)(Related document(s) 39 ) (Burke, Thomas) (Filed on 11/16/2012) Modified on 11/19/2012 (cp, COURT STAFF). (Entered: 11/16/2012)
2012-11-16	42	EXHIBIT CC (CD) re 41 Declaration in Support, filed byFirst Amendment Coalition. (Related document(s) 41 ) (cpS, COURT STAFF) (Filed on 11/16/2012) (Entered: 11/19/2012)
2013-01-05	43	Letter from Thomas R. Burke Regarding Ruling in New York Case . (Burke, Thomas) (Filed on 1/5/2013) (Entered: 01/05/2013)
2013-01-08	44	Letter from Thomas Burke . (Burke, Thomas) (Filed on 1/8/2013) (Entered: 01/08/2013)
2013-01-08	45	NOTICE of Appearance by Judson Owen Littleton (Littleton, Judson) (Filed on 1/8/2013) (Entered: 01/08/2013)
2013-01-10	46	ORDER SETTING SCHEDULE FOR FURTHER BRIEFING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Claudia Wilken on 1/10/2013. (ndr, COURT STAFF) (Filed on 1/10/2013) Modified on 1/11/2013 (ndr, COURT STAFF). ***DISREGARD, SIGNATURE MISSING. SEE DOCKET NO. 47 FOR CORRECT ORDER.*** (Entered: 01/10/2013)
2013-01-10	47	ORDER SETTING SCHEDULE FOR FURTHER BRIEFING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Claudia Wilken on 1/10/2013. (ndr, COURT STAFF) (Filed on 1/10/2013) (Entered: 01/11/2013)
2013-01-22	48	Letter from Defendant Department of Justice re Final SDNY Decision and Order . (Attachments: # 1 Exhibit 1 - SDNY Jan 22 2013 Decision and Order)(Littleton, Judson) (Filed on 1/22/2013) (Entered: 01/22/2013)
2013-01-24	49	Plaintiff First Amendment Coalition's Supplemental Brief Regarding New York Decision and Necessity of In Camera Review filed byFirst Amendment Coalition. (Burke, Thomas) (Filed on 1/24/2013) Modified on 1/25/2013 (cpS, COURT STAFF). (Entered: 01/24/2013)
2013-02-07	50	Response re 49 Brief byU.S. Department of Justice. (Attachments: # 1 Exhibit A)(Littleton, Judson) (Filed on 2/7/2013) Modified on 2/8/2013 (cpS, COURT STAFF). (Entered: 02/07/2013)
2013-02-08	51	MOTION for Leave to File Additional Evidence filed by First Amendment Coalition. (Burke, Thomas) (Filed on 2/8/2013) (Entered: 02/08/2013)
2013-02-08	52	STIPULATION WITH PROPOSED ORDER re 51 MOTION for Leave to File Additional Evidence filed by First Amendment Coalition, U.S. Department of Justice. (Burke, Thomas) (Filed on 2/8/2013) Modified on 2/11/2013 (cpS, COURT STAFF). (Entered: 02/08/2013)
2013-02-11	53	ORDER by Judge Claudia Wilken Granting 51 Motion for Leave to File and 52 Stipulation. (ndr, COURT STAFF) (Filed on 2/11/2013) (Entered: 02/11/2013)
2013-02-12	54	Declaration of Jonathan L. Segal in Support of 37 FIRST AMENDED CROSS-MOTION for Summary Judgment filed byFirst Amendment Coalition. (Attachments: # 1 Exhibits DD-KK, # 2 Exhibit LL)(Related document(s) 37 ) (Burke, Thomas) (Filed on 2/12/2013) (Entered: 02/12/2013)
2013-03-15	55	STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d regarding decision of United States Court of Appeals for the District of Columbia Circuit filed byFirst Amendment Coalition. (Burke, Thomas) (Filed on 3/15/2013) (Entered: 03/15/2013)
2013-03-19	56	RESPONSE to re 55 Statement of Recent Decision by U.S. Department of Justice. (Littleton, Judson) (Filed on 3/19/2013) (Entered: 03/19/2013)
2013-05-17	57	STIPULATION WITH PROPOSED ORDER Re: Plaintiff First Amendment Coalition's Motion to Submit Additional Evidence filed by First Amendment Coalition, U.S. Department of Justice. (Burke, Thomas) (Filed on 5/17/2013) Modified on 5/20/2013 (cpS, COURT STAFF). (Entered: 05/17/2013)
2013-05-17	58	MOTION for Leave to File Additional Evidence (L.R. 7-11) filed by First Amendment Coalition. (Burke, Thomas) (Filed on 5/17/2013) (Entered: 05/17/2013)
2013-05-22	59	Notice of Withdrawal of Motion for Summary Judgment (Attachments: # 1 Exhibit A)(Littleton, Judson) (Filed on 5/22/2013) (Entered: 05/22/2013)
2013-06-03	60	ORDER by Judge Claudia Wilken SETTING A FURTHER SCHEDULE (ndr, COURT STAFF) (Filed on 6/3/2013) (Entered: 06/03/2013)
2013-07-05	61	Joint Status Report by First Amendment Coalition, U.S. Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Burke, Thomas) (Filed on 7/5/2013) Modified on 7/8/2013 (cpS, COURT STAFF). (Entered: 07/05/2013)
2013-07-12	62	SCHEDULING ORDER: Motions due by 9/5/2013. Responses/Cross motion due by 10/3/2013. Replies due by 10/17/2013. Replies due by 10/24/2013. Motion Hearing set for 11/7/2013 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 7/12/2013. (ndr, COURT STAFF) (Filed on 7/12/2013) (Entered: 07/12/2013)
2013-09-05	63	Second MOTION for Summary Judgment filed by U.S. Department of Justice. Motion Hearing set for 11/7/2013 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 10/3/2013. Replies due by 10/17/2013. (Attachments: # 1 Declaration of John Bies with Exhibits, # 2 Declaration of Jennifer Hudson, # 3 Declaration of Vice Admiral Kurt Tidd, # 4 Declaration of Amy Powell)(Powell, Amy) (Filed on 9/5/2013) (Entered: 09/05/2013)
2013-09-05	64	NOTICE by U.S. Department of Justice of Classified Lodging (Powell, Amy) (Filed on 9/5/2013) Modified on 9/6/2013 (cpS, COURT STAFF). (Entered: 09/05/2013)
2013-10-01	65	Unopposed MOTION to Stay of Litigation and Tolling of Deadlines in Light of the Lapse in Federal Appropriations filed by U.S. Department of Justice. Responses due by 10/15/2013. (Powell, Amy) (Filed on 10/1/2013) Modified on 10/2/2013 (cpS, COURT STAFF). (Entered: 10/01/2013)
2013-10-03	66	Cross MOTION for Summary Judgment and Omnibus Opposition to Defendant's Motion for Summary Judgment filed by First Amendment Coalition. Motion Hearing set for 11/7/2013 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 10/17/2013. Replies due by 10/24/2013. (Burke, Thomas) (Filed on 10/3/2013) Modified on 10/4/2013 (kcS, COURT STAFF). (Entered: 10/03/2013)
2013-10-03	67	Declaration of Thomas R. Burke in Support of 66 Cross MOTION for Summary Judgment and Omnibus Opposition to Defendant's Motion for Summary Judgment filed byFirst Amendment Coalition. (Attachments: # 1 Exhibit A-G, # 2 Exhibit H-N)(Related document(s) 66 ) (Burke, Thomas) (Filed on 10/3/2013) (Entered: 10/03/2013)
2013-10-03	68	EXHIBITS re 67 Declaration in Support, Exhibits O-Q filed byFirst Amendment Coalition. (Attachments: # 1 Exhibit R-U, # 2 Exhibit V-Z)(Related document(s) 67 ) (Burke, Thomas) (Filed on 10/3/2013) (Entered: 10/03/2013)
2013-10-03	69	EXHIBITS re 67 Declaration in Support, Exhibits AA-KK filed byFirst Amendment Coalition. (Attachments: # 1 Exhibit LL)(Related document(s) 67 ) (Burke, Thomas) (Filed on 10/3/2013) (Entered: 10/03/2013)
2013-10-03	70	EXHIBITS re 67 Declaration in Support, Exhibits MM-QQ filed byFirst Amendment Coalition. (Attachments: # 1 Exhibit RR-UU, # 2 Exhibit XX)(Related document(s) 67 ) (Burke, Thomas) (Filed on 10/3/2013) (Entered: 10/03/2013)
2013-10-03	71	Declaration of Scott Armstrong in Support of 66 Cross MOTION for Summary Judgment and Omnibus Opposition to Defendant's Motion for Summary Judgment filed byFirst Amendment Coalition. (Attachments: # 1 Exhibit VV, # 2 Exhibit WW)(Related document(s) 66 ) (Burke, Thomas) (Filed on 10/3/2013) (Entered: 10/03/2013)
2013-10-03	72	Declaration of Erwin Chemerinsky in Support of 66 Cross MOTION for Summary Judgment and Omnibus Opposition to Defendant's Motion for Summary Judgment filed byFirst Amendment Coalition. (Related document(s) 66 ) (Burke, Thomas) (Filed on 10/3/2013) (Entered: 10/03/2013)
2013-10-04	73	Order granting 65 Motion to Stay entered by Hon. Claudia Wilken. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 10/04/2013)
2013-10-21	74	STIPULATION WITH PROPOSED ORDER Regarding Amendment to Schedule filed by U.S. Department of Justice, First Amendment Coalition. (Attachments: # 1 Declaration of Amy Powell in support of Stipulation)(Powell, Amy) (Filed on 10/21/2013) Modified on 10/22/2013 (cpS, COURT STAFF). (Entered: 10/21/2013)
2013-10-24	75	ORDER by Judge Claudia Wilken Granting 74 Stipulation Regarding Amendment to Schedule. (ndr, COURT STAFF) (Filed on 10/24/2013) (Entered: 10/24/2013)
2013-10-24		**DISREGARD** Reset Deadlines as to 66 Cross MOTION for Summary Judgment, 63 Second MOTION for Summary Judgment. Responses due by 11/8/2013. Replies due by 11/12/2013. Motion Hearing set for 12/5/2013 02:00 PM before Hon. Claudia Wilken. (ndr, COURT STAFF) (Filed on 10/24/2013) Modified on 10/24/2013 (ndr, COURT STAFF). (Entered: 10/24/2013)
2013-10-24		See Docket No. 75 .Reset Deadlines as to 66 Cross MOTION for Summary Judgment, 63 Second MOTION for Summary Judgment . Responses due by 11/8/2013. Replies due by 11/22/2013. Motion Hearing set for 12/5/2013 02:00 PM before Hon. Claudia Wilken. (ndr, COURT STAFF) (Filed on 10/24/2013) (Entered: 10/24/2013)
2013-11-08	76	REPLY (re 66 Cross MOTION for Summary Judgment, 63 Second MOTION for Summary Judgment ) Reply in Support of Defendant's Second Motion for Summary Judgment and Opposition to Cross-Motion filed byU.S. Department of Justice. (Powell, Amy) (Filed on 11/8/2013) (Entered: 11/08/2013)
2013-11-22	77	REPLY (re 66 Cross MOTION for Summary Judgment ) filed byFirst Amendment Coalition. (Burke, Thomas) (Filed on 11/22/2013) (Entered: 11/22/2013)
2013-11-25	78	SCHEDULING ORDER. Signed by Judge Claudia Wilken on 11/25/2013. (ndr, COURT STAFF) (Filed on 11/25/2013) (Entered: 11/25/2013)
2013-12-04	79	STIPULATION re 78 Scheduling Order Re: Hearing Date for Cross-Motions for Summary Judgment filed by First Amendment Coalition, U.S. Department of Justice. (Burke, Thomas) (Filed on 12/4/2013) Modified on 12/5/2013 (cpS, COURT STAFF). (Entered: 12/04/2013)
2013-12-06	80	ORDER Granting 79 Stipulation. Reset Deadlines as to 66 Cross MOTION for Summary Judgment and 63 Second MOTION for Summary Judgment . Motion Hearing set for 1/23/2014 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 12/6/2013. (ndr, COURT STAFF) (Filed on 12/6/2013) (Entered: 12/06/2013)
2013-12-06	81	OBJECTIONS to re 64 Notice (Other) by U.S. Department of Justice of Classified Lodging by First Amendment Coalition. (Burke, Thomas) (Filed on 12/6/2013) (Entered: 12/06/2013)
2013-12-19	82	RESPONSE to re 81 Objection by U.S. Department of Justice. (Powell, Amy) (Filed on 12/19/2013) (Entered: 12/19/2013)
2014-01-16	83	NOTICE by U.S. Department of Justice of Recent Supplemental Authority (Attachments: # 1 Slip Op. in EFF v. DOJ (DC Cir))(Powell, Amy) (Filed on 1/16/2014) (Entered: 01/16/2014)
2014-01-21	84	Letter Brief re 77 Reply to Opposition/Response filed byFirst Amendment Coalition. (Related document(s) 77 ) (Burke, Thomas) (Filed on 1/21/2014) (Entered: 01/21/2014)
2014-01-23	85	Minute Entry: Motion Hearing held on 1/23/2014 before Claudia Wilken (Date Filed: 1/23/2014). (Recording #2:24:18 - 2:58:17.) (ndr, COURT STAFF) (Date Filed: 1/23/2014) (Entered: 01/28/2014)
2014-04-11	86	ORDER by Judge Claudia Wilken GRANTING DEFENDANTS 63 MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS 66 CROSS-MOTION FOR SUMMARY JUDGMENT. (ndr, COURT STAFF) (Filed on 4/11/2014) (Entered: 04/11/2014)
2014-04-11	87	CLERK'S JUDGMENT (ndr, COURT STAFF) (Filed on 4/11/2014) (Entered: 04/11/2014)
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