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Case TitleBraun v. National Security Agency
DistrictDistrict of Montana
CityHelena
Case Number6:2015cv00018
Date Filed2015-03-05
Date Closed2015-10-30
JudgeJudge Dana L. Christensen
PlaintiffDavid Steven Braun
Case DescriptionDavid Steven Braun sued the National Security Agency because the agency was allegedly conducting surveillance of him. One count was made under FOIA although the complaint does not indicate that he ever requested records.
Complaint issues: Failure to respond within statutory time limit

DefendantNational Security Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
Complaint attachment 21
Complaint attachment 22
Complaint attachment 23
Complaint attachment 24
Complaint attachment 25
Opinion/Order [31]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-03-051MOTION to Seal Case by Plaintiff David Steven Braun Motions referred to John Johnston. (DED, ) (Entered: 03/05/2015)
2015-03-052COMPLAINT against National Security Agency, filed by David Steven Braun. (Attachments: # 1 Exhibit Maryland Complaint, # 2 Exhibit Certification of Identity, # 3 Exhibit 1B - Warranty Deed, # 4 Exhibit 1C - Address Change Notification, # 5 Exhibit 2 - Braun Driver License, # 6 Exhibit 3 - MT Vehicle Registration, # 7 Exhibit 4 - Birth Certficate, # 8 Exhibit 5 - Application for PO Box, # 9 Exhibit 6 - SS Card, # 10 Exhibit 7 - 4/4/13 FOIA Request, # 11 Exhibit 8 - 9/23/13 NSA Letter, # 12 Exhibit 9 - NSA Incident Report, # 13 Exhibit 10 - MT Vehicle Records, # 14 Exhibit 12 - Letter to FBI, # 15 Exhibit 13 - Letter to US Secret Service, # 16 Exhibit 14 - 1-28-14 Claim for Damage, # 17 Exhibit 15 - 5-27-14 Claim for Damage, # 18 Exhibit 16 - Lyons Ltr to Braun, # 19 Exhibit 17 - Certify Mail Receipt, # 20 Exhibit 18 - Resume, # 21 Exhibit 19 - Obitutary, # 22 Exhibit 20 - Letter to OGC re NSA, # 23 Exhibit 21 - Letter to OGC, # 24 Exhibit 22 - Eplanation Exhibits filed in CV-14-72-BU, # 25 Civil Cover Sheet) (DED, ) (Entered: 03/05/2015)
2015-03-053NOTICE of Filing Exhibits consisting of CD containing sound bits re: 2 Complaint,,,, (DED, ) (Entered: 03/05/2015)
2015-03-054MOTION to Appoint Counsel by Plaintiff David Steven Braun Motions referred to John Johnston. (DED, ) (Entered: 03/05/2015)
2015-03-055NOTICE by David Steven Braun regarding address. (DED, ) (Entered: 03/05/2015)
2015-03-05Filing fee: $ 400, receipt number MTS6-2847 (DED, ) (Entered: 03/05/2015)
2015-03-056NOTICE to Plaintiff regarding consent to electronic service. Mailed to Plaintiff at Gallatin Gateway, MT. (DED, ) (Entered: 03/05/2015)
2015-03-097Summons Issued as to National Security Agency, U.S. Attorney and U.S. Attorney General. Original Summonses mailed to Plaintiff, Gallatin Gateway, MT. (DED, ) (Entered: 03/09/2015)
2015-03-098ORDER denying 4 Motion to Appoint Counsel ; denying 1 Motion to Seal Case. Signed by Magistrate Judge John Johnston on 3/9/2015. (SLL, ) Modified on 3/10/2015 copy of order mailed to D. Braun, Gallatin Gateway, MT (DED, ). (Entered: 03/09/2015)
2015-03-10Set Deadlines: Acknowledgment in Response to Order 8 due by 3/30/2015. (DED, ) (Entered: 03/10/2015)
2015-03-119CONSENT TO ELECTRONIC SERVICE by David Steven Braun. (DED, ) Modified on 3/11/2015 copy provided to Plaintiff via sealed email mail(DED, ). (Entered: 03/11/2015)
2015-03-2010Proof of Service filed by David Steven Braun. Service of Summonses by certified mail on 3/16/2015 NSA and US Attorney General DOJ; 3/13/2015 US Attorney Dist Montana. (Attachments: # 1 USPS Transaction Detail) Copy of docketing provided to Plaintiff electronically. (DED, ) (Entered: 03/20/2015)
2015-03-2611Brief/Response to Order re 8 Order on Motion to Appoint Counsel, Order on Motion to Seal Case. filed by David Steven Braun. (HEG, ) (Entered: 03/26/2015)
2015-03-2612TEXT ORDER: Plaintiff David Braun, appearing pro se, has filed a response to the Court's March 9, 2015 Order, Doc. 8, indicating that he wishes to proceed with the case if the documents are unsealed and part of the public record. Doc. 11. Therefore, the Clerk of Court is directed to unseal this case. IT IS SO ORDERED. Signed by Magistrate Judge John Johnston on 3/26/2015. (SLL, ) (Entered: 03/26/2015)
2015-04-1313SUPPLEMENT re 2 Complaint,,,, by David Steven Braun. (Attachments: # 1 Attachments) (DED, ) (Entered: 04/13/2015)
2015-05-0814ANSWER to 2 Complaint,,,, by National Security Agency. (Francis, Victoria) (Entered: 05/08/2015)
2015-05-1115Mailing of Consent as Presiding Judge. Mailed to counsel Victoria L. Francis and Plaintiff.Consent/Objection to USMJ Form due by 5/29/2015. (DED, ) (Entered: 05/11/2015)
2015-05-2116Objection re: 14 Answer to Complaint. (Attachments: # 1 Additional Exhibits, # 2 Attachment 1, # 3 Attachment 2, # 4 Attachment 3, # 5 Attachment 4, # 6 Attachment 5, # 7 Attachment 6, # 8 Attachment 7, # 9 Attachment 8, # 10 Attachment 9, # 11 Certificate of Service) (DED, ) (Entered: 05/21/2015)
2015-05-2617ORDER regarding jurisdiction. Case remains assigned to Judge Christensen and referred to USMJ Johnston for all necessary hearings and submission of proposed findings and recommendations for disposition. Signed by Judge Dana L. Christensen on 5/26/2015. (DED, ) (Entered: 05/26/2015)
2015-06-1618MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR IN THE ALTERNATIVE , MOTION for Summary Judgment Victoria L. Francis appearing for Defendant National Security Agency Motions referred to John Johnston. (Francis, Victoria) (Entered: 06/16/2015)
2015-06-1619Brief/Memorandum in Support re 18 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR IN THE ALTERNATIVE MOTION for Summary Judgment filed by National Security Agency. (Francis, Victoria) (Entered: 06/16/2015)
2015-06-1620Statement of Undisputed Fact re: 18 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR IN THE ALTERNATIVE MOTION for Summary Judgment by National Security Agency filed by National Security Agency. (Francis, Victoria) (Entered: 06/16/2015)
2015-06-1621AFFIDAVIT/DECLARATION re 18 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR IN THE ALTERNATIVE MOTION for Summary Judgment by National Security Agency. (Attachments: # 1 Exhibit A - Letter dated 04/04/13 to NSA from David Braun, # 2 Exhibit B- Letter dated 4/9/13 to Braun from NSA, # 3 Exhibit C- Letter dated 4/24/13 from Braun appealing FIOA decision, # 4 Exhibit D- Letter dated 9/23/2013 to Braun from NSA enclosing 4 pages of documents) (Francis, Victoria) (Entered: 06/16/2015)
2015-06-2422RESPONSE TO MOTION TO DISMISS or IN THE ALTERNATIVE A for Summary Judgment by Plaintiff David Steven Braun Motions referred to John Johnston. (DED, ) Modified on 6/24/2015 to link this combined response/motion to 18 motion to dismiss (DED, ). (Entered: 06/24/2015)
2015-06-2423Brief/Memorandum in Support re 22 RESPONSE TO MOTION TO DISMISS OR IN THE ALTERNATIVE A MOTION for Summary Judgment filed by David Steven Braun. (Attachments: # 1 Exhibit 1 - Civil Cover Sheet, # 2 Exhibit 2 - Sleep Study, # 3 Exhibit 3 - DOL Complaint, # 4 Exhibit 4 - 9-12-12 Farve Letter, # 5 Exhibit 5 - Letter to Griffith, # 6 Exhibit 6 - Letter to Bozeman City Atty, # 7 Certificate of Service) (DED, ) (Entered: 06/24/2015)
2015-07-0224REPLY to Response to Motion 18 and Response Brief to 22 MOTION for Summary Judgment filed by National Security Agency. (Francis, Victoria) Modified on 7/2/2015 to link to 18 and add additional text to docket entire for clarification (DED, ). (Entered: 07/02/2015)
2015-07-0725REPLY to Response to Motion re 22 MOTION for Summary Judgment filed by David Steven Braun. (Attachments: # 1 Exhibit 1-6) (DED, ) (Entered: 07/07/2015)
2015-07-0826CERTIFICATE OF SERVICE by David Steven Braun re 25 Reply to Response to Motion (DED, ) (Entered: 07/08/2015)
2015-07-1527MOTION to Expedite ruling on Motion PSJ by Plaintiff David Steven Braun Motions referred to John Johnston. (DED, ) (Entered: 07/15/2015)
2015-07-2028Proof of Service to 27 filed by David Steven Braun. (HEG, ) (Entered: 07/20/2015)
2015-07-3129FINDINGS AND RECOMMENDATIONS re 27 MOTION to Expedite filed by David Steven Braun, 18 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR IN THE ALTERNATIVE MOTION for Summary Judgment filed by National Security Agency, 22 MOTION for Summary Judgment filed by David Steven Braun. (), ORDER Signed by Magistrate Judge John Johnston on 7/31/2015. (SLL, ) (Entered: 07/31/2015)
2015-08-1830MOTION Postpone Dismissal by Plaintiff David Steven Braun Motions referred to John Johnston. (DED, ) (Entered: 08/18/2015)
2015-10-3031ORDER ADOPTING 29 FINDINGS AND RECOMMENDATIONS in full ; denying as moot 27 Motion to Expedite; granting 18 Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Claim for which Relief May Be Granted, or in the Alternative, to Grant Summary Judgment; denying 22 Motion for Summary Judgment. Signed by Judge Dana L. Christensen on 10/30/2015. (TAG, ) (Entered: 10/30/2015)
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by FOIA Project Staff
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