Case Detail

FOIA Project Annotation: A federal court in California has granted the Electronic Frontier Foundation a preliminary injunction requiring the Office of the Director of National Intelligence to respond to the organization's FOIA request concerning pending legislation that would immunize telecommunications carriers from liability for cooperating with the government's warrantless surveillance program. The agency had already agreed to expedite the request, but no further progress was made. The court first found that EFF had shown it was practicable for ONDI to respond, noting that "the assertions made by the government to explain the delay in processing Plaintiff's requests in this case are generically applicable to all FOIA requests. Defendants' declarations and defense counsel's representations at oral argument demonstrate that expedited processing is not impracticable." The court also found EFF would suffer irreparable harm if its requests were not responded to in time. The court pointed out that "the information it seeks is essential to inform the public debate over the possible FISA amendments now being considered by the two houses of Congress. Although the government contends that there is a stalemate and that legislation may not be imminently forthcoming, the requested information will be rendered useless in the effort to educate the American public about the issues pertinent to the legislation if such information is produced after Congress amends the law."
Issues: Litigation - Jurisdiction - Injunction

FOIA Project Annotation: A federal court in California has granted EFF a 30-day stay of proceedings in its FOIA suit against the Office of the Director of National Intelligence to allow both parties to determine if application of the policies contained in the new Attorney General's FOIA memo would provide EFF more information. The court rejected the agency's claim that a stay was inappropriate because the FOIA proceedings were nearly at a conclusion. The court noted that "defendants cite no authority in support of how this fact militates against a stay. Although Defendants assert they have already evaluated EFF's FOIA requests with the goal of maximum disclosure, EFF convincingly argues that the [Jan. 21] Obama FOIA memo [preceding the AG's memo] signals a significant change in disclosure polices, as compared with the prior administration's policy." The court added that "the new guidelines, which implement a more liberal disclosure policy, may significantly narrow or even resolve the issue of whether Defendants have improperly withheld information requested by EFF. Moreover, Defendants may conserve time and resources they would otherwise dedicate to this litigation or processing of additional FOIA requests by EFF if they determine that some or all of the withholdings should be disclosed under the new guidelines." The court pointed out that "because these guidelines may bear on whether EFF is legally entitled to the documents withheld by Defendants, denying a brief stay of this case could work to deny EFF the opportunity to demonstrate it is legally entitled to the withheld information."
Issues: Delay - Stay of proceedings

FOIA Project Annotation: A federal court in California has refused to stay its order requiring disclosure of records pertaining to government and industry efforts to get congressional immunity from liability for telecommunications companies that participated in the warrantless surveillance program. The government filed for a temporary stay pending a decision to appeal, and when Judge Jeffrey White denied that motion, the government filed for a temporary stay with the Ninth Circuit, which was also denied. While the government still had not filed a motion for a stay pending appeal, White decided to rule on whether he should use his discretion to grant such a stay. Saying he was unpersuaded by the government's contentions, White pointed out that "considering the delay in disclosure thus far in this matter, the current administration's pointed directive on transparency in government, and the public's renewed interest in the question of legal immunity for telecommunications companies that participated in the warrantless wiretapping program while considering pending legislation repealing the amendment to FISA, the Court finds that the public interest lies in favor of disclosure." He added that "harm to the public interest exists in the context of the current debate regarding legislation designed to repeal the retroactive immunity for telecommunications companies. . .Although timely disclosure would negatively affect the Defendants' position on appeal, it is not clear that Defendants will even pursue the appeal already filed and, regardless, the Court finds the equities weigh in favor of denial of a stay."
Issues: Delay - Stay of proceedings

Date Filed	Doc #	Docket Text
2008-02-20	1	COMPLAINT for Injunctive Relief - [Summons Issued] against Office of the Director of National Intelligence & Department of Justice, [Filing Fee:$350.00, Receipt Number 34611016029]. Filed by Plaintiff Electronic Frontier Foundation. (tn, COURT STAFF) (Filed on 2/20/2008) (Entered: 02/21/2008)
2008-02-20		SUMMONS Issued as to Defendants Office of the Director of National Intelligence & Department of Justice. (tn, COURT STAFF) (Entered: 02/21/2008)
2008-02-20	2	ADR SCHEDULING ORDER: Joint Case Management Statement due 5/20/2008 & InitialCase Management Conference set for 5/27/2008 at 10:00 AM.. (Attachments: #(1) EDL Standing Order). (tn, COURT STAFF) (Filed on 2/20/2008) (Additional attachment(s) added on 2/21/2008: # 2 Standing Order for All Judges) (tn, COURT STAFF). (Entered: 02/21/2008)
2008-02-20	3	CERTIFICATION of Interested Entities or Persons Filed by Plaintiff Electronic Frontier Foundation. (tn, COURT STAFF) (Filed on 2/20/2008) (Entered: 02/21/2008)
2008-02-20		CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF) (Entered: 02/21/2008)
2008-02-25	4	ORIGINAL SUMMONS in a Civil Case Returned Unexecuted Filed by Plaintiff Electronic Frontier Foundation as to the Office of the Director of National Intelligence. (tn, COURT STAFF) (Filed on 2/25/2008) (Entered: 02/27/2008)
2008-02-25	5	SUMMONS Re-Issued as to Defendant Office of the Director of National Intelligence. (tn, COURT STAFF) (Filed on 2/25/2008) (Entered: 02/27/2008)
2008-02-25	6	SUMMONS Re-Issued as to Defendant Department of Justice. (tn, COURT STAFF) (Filed on 2/25/2008) (Entered: 02/27/2008)
2008-02-29	7	MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)
2008-02-29	8	Declaration of Marcia Hofmann in Support of 7 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-K, # 4 Exhibit L, # 5 Exhibit M, # 6 Exhibit N, # 7 Exhibit O-R, # 8 Exhibit S-V)(Related document(s) 7 ) (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)
2008-02-29	9	Proposed Order re 7 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction Granting Plaintiffs Motion for Preliminary Injunction by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)
2008-02-29	10	CERTIFICATE OF SERVICE by Electronic Frontier Foundation re 7 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction , 9 Proposed Order, 8 Declaration in Support, (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)
2008-02-29	11	MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction filed by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)
2008-02-29	12	Brief re 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction filed byElectronic Frontier Foundation. (Related document(s) 11 ) (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)
2008-02-29	13	Declaration of Marcia Hofmann in Support of 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A)(Related document(s) 11 ) (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)
2008-02-29	14	Proposed Order re 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction Granting Plaintiffs Motion to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)
2008-02-29	15	CERTIFICATE OF SERVICE by Electronic Frontier Foundation re 14 Proposed Order, 13 Declaration in Support, 12 Brief, 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)
2008-02-29	16	CONSENT to Proceed Before a US Magistrate Judge by Electronic Frontier Foundation.. (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)
2008-02-29	17	CERTIFICATE OF SERVICE by Electronic Frontier Foundation re 16 Consent to Proceed Before a US Magistrate Judge (Hofmann, Marcia) (Filed on 2/29/2008) (Entered: 02/29/2008)
2008-03-05	18	ORDER denying motion to relate cases. Signed by Judge Illston on 2/29/08. (ts, COURT STAFF) (Filed on 3/5/2008) (Entered: 03/05/2008)
2008-03-05	19	NOTICE of Appearance by Andrew Irwin Warden (Warden, Andrew) (Filed on 3/5/2008) (Entered: 03/05/2008)
2008-03-05	20	Declination to Proceed Before a U.S. Magistrate Judge by Office of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Exhibit)(Warden, Andrew) (Filed on 3/5/2008) (Entered: 03/05/2008)
2008-03-05	21	Memorandum in Opposition re 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Warden, Andrew) (Filed on 3/5/2008) (Entered: 03/05/2008)
2008-03-06	22	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (lmh, COURT STAFF) (Filed on 3/6/2008) (Entered: 03/06/2008)
2008-03-06	23	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Jeffrey S. White for all further proceedings. Judge Magistrate Judge Elizabeth D. Laporte no longer assigned to the case. Signed by Executive Committee on 3/6/08. (mab, COURT STAFF) (Filed on 3/6/2008) (Entered: 03/06/2008)
2008-03-10	24	STIPULATION To Extend Page Limit For Defendants' Opposition To Plaintiff's Motion For Preliminary Injunction by Office of the Director of National Intelligence, Department of Justice. (Warden, Andrew) (Filed on 3/10/2008) (Entered: 03/10/2008)
2008-03-10	25	Renotice motion hearing filed byElectronic Frontier Foundation. Motion Hearing set for 5/9/2008 09:00 AM in Courtroom 2, 17th Floor, San Francisco. (Hofmann, Marcia) (Filed on 3/10/2008) (Entered: 03/10/2008)
2008-03-10	26	ORDER GRANTING 24 Stipulation to Exceed Page Limit for Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction. Signed by Judge Jeffrey S. White on 3/10/08. (jjo, COURT STAFF) (Filed on 3/10/2008) (Entered: 03/10/2008)
2008-03-10	27	INITIAL SCHEDULING CONFERENCE ORDER: Case Management Conference set for 6/13/2008 01:30 PM. Case Management Statement due by 6/6/2008.. Signed by Judge Jeffrey S. White on 3/10/08. (jjo, COURT STAFF) (Filed on 3/10/2008) (Entered: 03/10/2008)
2008-03-11	28	MOTION to Amend/Correct 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction ; Memorandum in Support of Amended Application for Order to Shorten Time for a Hearing on Plaintiff's Motion for a Preliminary Injunction filed by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 3/11/2008) (Entered: 03/11/2008)
2008-03-11	29	Declaration of Marcia Hofmann in Support of 28 MOTION to Amend/Correct 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction ; Memorandum in Support of Amended Application for Order to Shorten Time for a Hearing on Plaintiff's Motion for a Prelimina MOTION to Amend/Correct 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction ; Memorandum in Support of Amended Application for Order to Shorten Time for a Hearing on Plaintiff's Motion for a Prelimina filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A)(Related document(s) 28 ) (Hofmann, Marcia) (Filed on 3/11/2008) (Entered: 03/11/2008)
2008-03-11	30	Proposed Order re 28 MOTION to Amend/Correct 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction ; Memorandum in Support of Amended Application for Order to Shorten Time for a Hearing on Plaintiff's Motion for a Prelimina MOTION to Amend/Correct 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction ; Memorandum in Support of Amended Application for Order to Shorten Time for a Hearing on Plaintiff's Motion for a Prelimina by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 3/11/2008) (Entered: 03/11/2008)
2008-03-11	31	MOTION for leave to appear in Pro Hac Vice-David Sobel ( Filing fee $ 210, receipt number 34611016824.) filed by Electronic Frontier Foundation. (hdj, COURT STAFF) (Filed on 3/11/2008) (Entered: 03/12/2008)
2008-03-11		Received Document (Proposed) Order 31 by Electronic Frontier Foundation. (hdj, COURT STAFF) (Filed on 3/11/2008) (Entered: 03/13/2008)
2008-03-12	32	ORDER by Judge Jeffrey S. White granting 31 Motion for Pro Hac Vice for David Sobel (jjo, COURT STAFF) (Filed on 3/12/2008) (Entered: 03/12/2008)
2008-03-13	33	Memorandum in Opposition re 28 MOTION to Amend/Correct 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction ; Memorandum in Support of Amended Application for Order to Shorten Time for a Hearing on Plaintiff's Motion for a Prelimina MOTION to Amend/Correct 11 MOTION to Shorten Time for Hearing on Plaintiffs Motion for Preliminary Injunction ; Memorandum in Support of Amended Application for Order to Shorten Time for a Hearing on Plaintiff's Motion for a Prelimina filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Warden, Andrew) (Filed on 3/13/2008) (Entered: 03/13/2008)
2008-03-13	34	ORDER by Judge Jeffrey S. White GRANTING Modified 11 , 28 Motion Shorten Time for Hearing on Motion for a Preliminary Injunction. (jswlc2, COURT STAFF) (Filed on 3/13/2008) (Entered: 03/13/2008)
2008-03-13	35	CERTIFICATE OF SERVICE by Electronic Frontier Foundation for Civil Standing Orders of Judge Jeffrey S. White (Hofmann, Marcia) (Filed on 3/13/2008) (Entered: 03/13/2008)
2008-03-13		Set/Reset Deadlines as to 7 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction . Motion Hearing set for 4/4/2008 09:00 AM. (hdj, COURT STAFF) (Filed on 3/13/2008) (Entered: 03/14/2008)
2008-03-18	36	Memorandum in Opposition re 7 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Affidavit Sessoms Declaration, # 2 Affidavit Colborn Declaration, # 3 Affidavit Pustay Declaration, # 4 Affidavit Hackett Declaration, # 5 Exhibit EFF Order, # 6 Exhibit EPIC Order)(Warden, Andrew) (Filed on 3/18/2008) (Entered: 03/18/2008)
2008-03-25	37	RESPONSE in Support re 7 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction filed byElectronic Frontier Foundation. (Hofmann, Marcia) (Filed on 3/25/2008) (Entered: 03/25/2008)
2008-03-25	38	Declaration of Marcia Hofmann in Support of 37 Response in Support of Motion for a Preliminary Injunction filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A-G)(Related document(s) 37 ) (Hofmann, Marcia) (Filed on 3/25/2008) (Entered: 03/25/2008)
2008-03-31	39	ANSWER to Complaint byOffice of the Director of National Intelligence, Department of Justice. (Warden, Andrew) (Filed on 3/31/2008) (Entered: 03/31/2008)
2008-03-31	40	NOTICE OF TENTATIVE RULING AND QUESTIONS re 7 MOTION for Preliminary Injunction. Signed by Judge Jeffrey S. White on March 31, 2008. (jswlc2, COURT STAFF) (Filed on 3/31/2008) (Entered: 03/31/2008)
2008-04-02	41	RESPONSE to re 40 Order by Office of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Exhibit, # 2 Exhibit)(Warden, Andrew) (Filed on 4/2/2008) (Entered: 04/02/2008)
2008-04-04	42	Minute Entry: Preliminary Injunction Hearing held on 4/4/2008 before Judge Jeffrey S. White (Date Filed: 4/4/2008). (Court Reporter Lydia Zinn.) (jjo, COURT STAFF) (Date Filed: 4/4/2008) (Entered: 04/04/2008)
2008-04-04	43	ORDER by Judge Jeffrey S. White GRANTING 7 Motion for Preliminary Injunction. (jswlc2, COURT STAFF) (Filed on 4/4/2008) (Entered: 04/04/2008)
2008-04-21	44	RESPONSE to re 43 Order on Motion for Preliminary Injunction by Office of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Exhibit Hackett Declaration, # 2 Exhibit Sessoms Declaration, # 3 Exhibit Colborn Declaration, # 4 Exhibit Hitter Declaration, # 5 Exhibit Hardy Declaration, # 6 Exhibit Kovakas Declaration)(Warden, Andrew) (Filed on 4/21/2008) (Entered: 04/21/2008)
2008-05-20	45	STIPULATION Requesting to Extend Date of Case Management Conference by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 5/20/2008) (Entered: 05/20/2008)
2008-05-21	46	ORDER GRANTING 45 Stipulation Requesting to Extend Date of Case Management Conference. Signed by Judge Jeffrey S. White on 5/21/08. (jjo, COURT STAFF) (Filed on 5/21/2008) (Entered: 05/21/2008)
2008-05-21		Set/Reset Hearings: Case Management Conference set for 6/20/2008 01:30 PM. (hdj, COURT STAFF) (Filed on 5/21/2008) (Entered: 05/22/2008)
2008-05-29	47	ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Hofmann, Marcia) (Filed on 5/29/2008) (Entered: 05/29/2008)
2008-05-30	48	ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Warden, Andrew) (Filed on 5/30/2008) (Entered: 05/30/2008)
2008-05-30	49	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Warden, Andrew) (Filed on 5/30/2008) (Entered: 05/30/2008)
2008-06-09	50	Consent MOTION to Appear by Telephone At Case Management Conference filed by Office of the Director of National Intelligence, Department of Justice. Motion Hearing set for 6/20/2008 01:30 PM in Courtroom 2, 17th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Warden, Andrew) (Filed on 6/9/2008) (Entered: 06/09/2008)
2008-06-10	51	ORDER GRANTING REQUEST TO APPEAR BY TELEPHONE. Signed by Judge Jeffrey S. White on 6/10/08. (jjo, COURT STAFF) (Filed on 6/10/2008) (Entered: 06/10/2008)
2008-06-12	52	ADR Clerks Notice Setting ADR Phone Conference on 6/18/08 at 2:30 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 6/12/2008) (Entered: 06/12/2008)
2008-06-13	53	CASE MANAGEMENT STATEMENT filed by Office of the Director of National Intelligence, Department of Justice. (Warden, Andrew) (Filed on 6/13/2008) (Entered: 06/13/2008)
2008-06-18	54	MOTION to Relate Case filed by Electronic Frontier Foundation. (Attachments: # 1 Declaration of Marcia Hofmann, # 2 Proposed Order)(Hofmann, Marcia) (Filed on 6/18/2008) (Entered: 06/18/2008)
2008-06-18		ADR Remark: ADR Phone Conference held 6/18/08 by DB. (tjs, COURT STAFF) (Filed on 6/18/2008) (Entered: 06/18/2008)
2008-06-20	55	Minute Entry: Initial Case Management Conference held on 6/20/2008 before Judge Jeffrey S. White (Date Filed: 6/20/2008). (Court Reporter Lydia Zinn.) (jjo, COURT STAFF) (Date Filed: 6/20/2008) (Entered: 06/20/2008)
2008-06-20		Set/Reset Deadlines as to Motion Hearing set for 10/3/2008 09:00 AM. (hdj, COURT STAFF) (Filed on 6/20/2008) (Entered: 06/23/2008)
2008-06-23	56	Memorandum in Opposition re 54 MOTION to Relate Case filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Warden, Andrew) (Filed on 6/23/2008) (Entered: 06/23/2008)
2008-06-27	57	JOINT CASE MANAGEMENT STATEMENT of Reconsideration of Assignment to a United States Magistrate Judge filed by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 6/27/2008) (Entered: 06/27/2008)
2008-07-08	58	ORDER GRANTING 54 MOTION to Relate Case. Signed by Judge Jeffrey S. White on 7/8/08. (jjo, COURT STAFF) (Filed on 7/8/2008) (Entered: 07/08/2008)
2008-07-08	59	ORDER RELATING CASE.. Signed by Judge Jeffrey S. White on 7/8/08. (jjo, COURT STAFF) (Filed on 7/8/2008) (Entered: 07/08/2008)
2008-07-11	60	AMENDED COMPLAINT for Injunctive Relief against Office of the Director of National Intelligence, Department of Justice. Filed byElectronic Frontier Foundation. (Hofmann, Marcia) (Filed on 7/11/2008) (Entered: 07/11/2008)
2008-07-15	61	NOTICE of Appearance by Adam Kirschner (Kirschner, Adam) (Filed on 7/15/2008) (Entered: 07/15/2008)
2008-07-17	62	STIPULATION to Extend Briefing Schedule and Proposed Order by Office of the Director of National Intelligence, Department of Justice. (Kirschner, Adam) (Filed on 7/17/2008) (Entered: 07/17/2008)
2008-07-17	63	ORDER GRANTING 62 Stipulation to Extend Time to File Motion for Summary Judgment. Signed by Judge Jeffrey S. White on July 17, 2008. (jswlc2, COURT STAFF) (Filed on 7/17/2008) (Entered: 07/17/2008)
2008-07-21	64	AMENDED ORDER GRANTING STIPULATION TO EXTEND TIME TO FILE MOTION FOR SUMMARY JUDGMENT. (Correction in year for date of hearing). Signed by Judge Jeffrey S. White on 7/21/08. (jjo, COURT STAFF) (Filed on 7/21/2008) (Entered: 07/21/2008)
2008-07-21		Set/Reset Deadlines as to Motion Hearing set for 1/16/2009 09:00 AM. (hdj, COURT STAFF) (Filed on 7/21/2008) (Entered: 07/22/2008)
2008-10-08	65	ORDER GRANTING STIPULATION FOR COURT ORDER PRODUCTION SCHEDULE AND TO EXTEND TIME TO FILE MOTION FOR SUMMARY JUDGMENT. Signed by Judge Jeffrey S. White on 10/8/08. (jjo, COURT STAFF) (Filed on 10/8/2008) (Entered: 10/08/2008)
2008-10-08		Set/Reset Deadlines as to Motion Hearing set for 2/27/2009 09:00 AM. (hdj, COURT STAFF) (Filed on 10/8/2008) (Entered: 10/09/2008)
2008-11-13	66	NOTICE of Appearance by Marcia Berman (Berman, Marcia) (Filed on 11/13/2008) (Entered: 11/13/2008)
2008-11-24	67	ORDER GRANTING (23 in 3:08-cv-02997-JSW) Stipulation to Extend Time to File Motion for Summary Judgment. Signed by Judge Jeffrey S. White on 11/24/08. (jjo, COURT STAFF) (Filed on 11/24/2008) (Entered: 11/24/2008)
2008-12-05	68	ORDER DENYING IN PART Stipulation to Exceed Page Limitation. Signed by Judge Jeffrey S. White on December 5, 2008. (jswlc2, COURT STAFF) (Filed on 12/5/2008) (Entered: 12/05/2008)
2008-12-09	69	ORDER by Judge Jeffrey S. White GRANTING (27) Motion for Extension of Time to File Motion for Summary Judgment. (jswlc2, COURT STAFF) (Filed on 12/9/2008) (Entered: 12/09/2008)
2008-12-09		Set/Reset Deadlines as to Cross-Motions for Summary Judgment Hearing set for 3/13/2009 09:00 AM. (hdj, COURT STAFF) (Filed on 12/9/2008) (Entered: 12/10/2008)
2009-02-10	70	MOTION to Stay Proceedings filed by Electronic Frontier Foundation. Motion Hearing set for 4/3/2009 09:00 AM in Courtroom 2, 17th Floor, San Francisco. (Hofmann, Marcia) (Filed on 2/10/2009) (Entered: 02/10/2009)
2009-02-10	71	Declaration of Marcia Hofmann in Support of 70 MOTION to Stay Proceedings filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Related document(s) 70 ) (Hofmann, Marcia) (Filed on 2/10/2009) (Entered: 02/10/2009)
2009-02-10	72	Proposed Order by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 2/10/2009) (Entered: 02/10/2009)
2009-02-11	73	ORDER RE MOTION TO STAY. Signed by Judge Jeffrey S. White on 2/11/09. (jjo, COURT STAFF) (Filed on 2/11/2009) (Entered: 02/11/2009)
2009-02-24	74	Memorandum in Opposition re 70 MOTION to Stay Proceedings filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 Proposed Order)(Berman, Marcia) (Filed on 2/24/2009) (Entered: 02/24/2009)
2009-03-03	75	RESPONSE in Support 70 of Motion for a Stay of Proceedings filed byElectronic Frontier Foundation. (Hofmann, Marcia) (Filed on 3/3/2009) Modified on 3/4/2009 (hdj, COURT STAFF). (Entered: 03/03/2009)
2009-03-03	76	Declaration of Marcia Hofmann in Support of 75 Response in Support of Motion for a Stay of Proceedings filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit 1-4)(Related document(s) 75 ) (Hofmann, Marcia) (Filed on 3/3/2009) (Entered: 03/03/2009)
2009-03-23	77	ORDER by Judge Jeffrey S. White dated March 23, 2009 GRANTING (70) Motion to Stay in case 3:08-cv-01023-JSW and GRANTING (53) Motion to Stay in case 3:08-cv-02997-JSW. (jswlc2, COURT STAFF) (Filed on 3/23/2009) (Entered: 03/23/2009)
2009-04-24	78	STATUS REPORT Joint Status Report by Office of the Director of National Intelligence, Department of Justice. (Berman, Marcia) (Filed on 4/24/2009) (Entered: 04/24/2009)
2009-05-12	79	NOTICE by Office of the Director of National Intelligence, Department of Justice Notice of Filing (Berman, Marcia) (Filed on 5/12/2009) (Entered: 05/12/2009)
2009-05-12	80	Declaration of John Hackett in Support of 79 Notice (Other) filed byOffice of the Director of National Intelligence, Department of Justice. (Related document(s) 79 ) (Berman, Marcia) (Filed on 5/12/2009) (Entered: 05/12/2009)
2009-05-12	81	Declaration of Paul Colborn in Support of 79 Notice (Other) filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 revised Vaughn index)(Related document(s) 79 ) (Berman, Marcia) (Filed on 5/12/2009) (Entered: 05/12/2009)
2009-05-12	82	Declaration of Melanie Ann Pustay in Support of 79 Notice (Other) filed byOffice of the Director of National Intelligence, Department of Justice. (Related document(s) 79 ) (Berman, Marcia) (Filed on 5/12/2009) (Entered: 05/12/2009)
2009-05-12	83	Declaration of Susan Kim in Support of 79 Notice (Other) filed byOffice of the Director of National Intelligence, Department of Justice. (Attachments: # 1 revised Vaughn index)(Related document(s) 79 ) (Berman, Marcia) (Filed on 5/12/2009) (Entered: 05/12/2009)
2009-06-02	84	Reply to Opposition to Cross Motion for Summary Judgment filed byElectronic Frontier Foundation. (Hofmann, Marcia) (Filed on 6/2/2009) (Entered: 06/02/2009)
2009-06-02	85	Declaration of Marcia Hofmann in Support of 84 Reply to Opposition to Cross Motion for Summary Judgment filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D part 1, # 5 Exhibit D part 2, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Related document(s) 84 ) (Hofmann, Marcia) (Filed on 6/2/2009) (Entered: 06/02/2009)
2009-06-08	86	CLERKS NOTICE Setting Hearing on Cross-Motions for Summary Judgment on 8/14/2009 at 09:00 AM in Courtroom 11, 19th Floor, San Francisco. (jjo, COURT STAFF) (Filed on 6/8/2009) (Entered: 06/08/2009)
2009-08-10	87	ORDER REFERRING Consolidated Cross-Motions for Summary Judgment to a randomly assigned Magistrate Judge for Report and Recommendation. Signed by Judge Jeffrey S. White on 8/10/09. (jjo, COURT STAFF) (Filed on 8/10/2009) (Entered: 08/10/2009)
2009-08-11		CASE REFERRED to Magistrate Judge Magistrate Judge Joseph C. Spero for Report and Recommendation on validity of witholding documents. (wh, COURT STAFF) (Filed on 8/11/2009) (Entered: 08/11/2009)
2009-08-17	88	ORDER WTIHDRAWING (70 in 3:08-cv-02997-JSW) Order Referring Case to Magistrate Judge for Report and Recommendation and SUGGESTION for Consent. Signed by Judge Jeffrey S. White on August 17, 2009. (jswlc2, COURT STAFF) (Filed on 8/17/2009) (Entered: 08/17/2009)
2009-08-21	89	NOTICE by Electronic Frontier Foundation of Joint Statement of Consideration of Assignment to a United States Magistrate Judge (Hofmann, Marcia) (Filed on 8/21/2009) (Entered: 08/21/2009)
2009-09-24	90	ORDER by Judge Jeffrey S. White in case 3:08-cv-01023-JSW; DENYING (29) Defendants' Motion for Summary Judgment in case 3:08-cv-02997-JSW and GRANTING Plaintiff's Cross-Motion for Summary Judgment. (jswlc2, COURT STAFF) (Filed on 9/24/2009) (Entered: 09/24/2009)
2009-09-30	91	MOTION to Stay re 90 Order on Motion for Summary Judgment for 60 Days Pending Appeal Determination by Solicitor General filed by Department of Justice, Office of the Director of National Intelligence. Motion Hearing set for 10/7/2009 09:00 AM in Courtroom 2, 17th Floor, San Francisco. (Attachments: # 1 Proposed Order, # 2 Stipulation to Expedite Motion for 60-Day Stay Pending Appeal Determination)(Berman, Marcia) (Filed on 9/30/2009) (Entered: 09/30/2009)
2009-10-02	92	ORDER GRANTING Modified Stipulation re (91 in 3:08-cv-01023-JSW) MOTION to Stay re (90) Order on Motion for Summary Judgment for 60 Days Pending Appeal Determination by Solicitor General; MOTION to Stay re (90) Order on Motion for Summary Judgment, (73 in 3:08-cv-02997-JSW) MOTION to Stay re (72) Order on Motion for Summary Judgment for 60 days pending appeal determination by Solicitor General MOTION to Stay re (72) Order on Motion for Summary Judgment. Signed by Judge Jeffrey S. White on October 2, 2009. (jswlc2, COURT STAFF) (Filed on 10/2/2009) (Entered: 10/02/2009)
2009-10-06	93	MOTION for Leave to File Motion for Reconsideration and Request that Reconsideration be Granted Without Further Briefing filed by Department of Justice, Office of the Director of National Intelligence. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order)(Berman, Marcia) (Filed on 10/6/2009) (Entered: 10/06/2009)
2009-10-06	94	Declaration of Susan L. Kim in Support of 93 MOTION for Leave to File Motion for Reconsideration and Request that Reconsideration be Granted Without Further Briefing filed byDepartment of Justice, Office of the Director of National Intelligence. (Attachments: # 1 NSD Second Revised Vaughn Index)(Related document(s) 93 ) (Berman, Marcia) (Filed on 10/6/2009) (Entered: 10/06/2009)
2009-10-06	95	Memorandum in Opposition to Motion for a 60 Day Stay Pending Appeal Determination by Solicitor General filed byElectronic Frontier Foundation. (Hofmann, Marcia) (Filed on 10/6/2009) (Entered: 10/06/2009)
2009-10-07	96	Reply Memorandum re 91 MOTION to Stay re 90 Order on Motion for Summary Judgment for 60 Days Pending Appeal Determination by Solicitor General MOTION to Stay re 90 Order on Motion for Summary Judgment for 60 Days Pending Appeal Determination by Solicitor General filed byDepartment of Justice, Office of the Director of National Intelligence. (Berman, Marcia) (Filed on 10/7/2009) (Entered: 10/07/2009)
2009-10-07	97	ORDER by Judge Jeffrey S. White DENYING (91) Motion to Stay; DENYING (93) Motion for Leave to File Motion for Reconsideration in case 3:08-cv-01023-JSW; DENYING (73) Motion to Stay; and DENYING (75) Motion for Leave to File Motion for Reconsideration in case 3:08-cv-02997-JSW. (jswlc2, COURT STAFF) (Filed on 10/7/2009) (Entered: 10/07/2009)
2009-10-08	98	NOTICE by Department of Justice, Office of the Director of National Intelligence Notice of Appeal (Berman, Marcia) (Filed on 10/8/2009) (Entered: 10/08/2009)
2009-10-08	99	NOTICE OF APPEAL as to (79 in 3:08-cv-02997-JSW, 79 in 3:08-cv-02997-JSW, 79 in 3:08-cv-02997-JSW, 79 in 3:08-cv-02997-JSW, 97 in 3:08-cv-01023-JSW, 97 in 3:08-cv-01023-JSW, 97 in 3:08-cv-01023-JSW, 97 in 3:08-cv-01023-JSW) Order on Motion to Stay, Order on Motion for Leave to File by Department of Justice. Filing fee waived. (hdj, COURT STAFF) (Filed on 10/8/2009) (Entered: 10/09/2009)
2009-10-09	100	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals by Department of Justice, Office of the Director of National Intelligence re 99 Notice of Appeal, (hdj, COURT STAFF) (Filed on 10/9/2009) (Entered: 10/09/2009)
2009-10-09	101	NOTICE by Department of Justice, Office of the Director of National Intelligence Emergency Filing for Stay, per direction of Ninth Circuit (Attachments: # 1 Ninth Cir. Stay Order, # 2 Emergency Stay Motion filed in Ninth Cir., # 3 EFF Opposition to Stay Mtn filed in Ninth Cir., # 4 Stay Reply filed in Ninth Cir., # 5 Notice of Appeal)(Berman, Marcia) (Filed on 10/9/2009) (Entered: 10/09/2009)
2009-10-09	102	Minute Entry: Telephone Conference (Date Filed: 10/9/2009). (Court Reporter Christine Triska.) (jjo, COURT STAFF) (Date Filed: 10/9/2009) (Entered: 10/09/2009)
2009-10-09	103	Memorandum in Opposition to Emergency Filing for Temporary Stay Pending Decision by Solicitor General Regarding Appeal and Immediate Administrative Stay filed byElectronic Frontier Foundation. (Hofmann, Marcia) (Filed on 10/9/2009) (Entered: 10/09/2009)
2009-10-13	104	NOTICE by Department of Justice, Office of the Director of National Intelligence Reply in Support of Emergency Filing for Stay Pending Appeal Determination (Berman, Marcia) (Filed on 10/13/2009) (Entered: 10/13/2009)
2009-10-13	105	USCA Case Number 09-17235 9th Circuit for 99 Notice of Appeal, filed by Department of Justice. (hdj, COURT STAFF) (Filed on 10/13/2009) (Entered: 10/13/2009)
2009-10-13	106	ORDER of USCA as to 99 Notice of Appeal, filed by Department of Justice (hdj, COURT STAFF) (Filed on 10/13/2009) (Entered: 10/13/2009)
2009-10-13	107	ORDER re Notice (83 in 3:08-cv-02997-JSW) and Notice (101 in 3:08-cv-01023-JSW) DENYING Emergency Motion for Temporary Stay. Signed by Judge Jeffrey S. White on October 13, 2009. (jswlc2, COURT STAFF) (Filed on 10/13/2009) (Entered: 10/13/2009)
2009-10-19	108	ORDER of USCA as to (81 in 3:08-cv-02997-JSW, 99 in 3:08-cv-01023-JSW) Notice of Appeal, filed by Department of Justice (hdj, COURT STAFF) (Filed on 10/19/2009) (Entered: 10/19/2009)
2009-11-04	109	ORDER of USCA as to (81 in 3:08-cv-02997-JSW, 99 in 3:08-cv-01023-JSW) Notice of Appeal, filed by Department of Justice (hdj, COURT STAFF) (Filed on 11/4/2009) (Entered: 11/04/2009)
2010-02-19	110	OPINION of USCA as to (81 in 3:08-cv-02997-JSW, 99 in 3:08-cv-01023-JSW) Notice of Appeal, filed by Department of Justice (hdj, COURT STAFF) (Filed on 2/19/2010) Modified on 2/19/2010 (hdj, COURT STAFF). (Entered: 02/19/2010)
2010-04-20	111	USCA ORDER AMENDING and AMENDED OPINION as to-AFFIRMED in part, REVERSED in part, and REMANDED in part (81 in 3:08-cv-02997-JSW, 99 in 3:08-cv-01023-JSW) Notice of Appeal, filed by Department of Justice. (hdj, COURT STAFF) (Filed on 4/20/2010) (Entered: 04/20/2010)
2010-05-04	112	CLERKS NOTICE SETTING A CASE MANAGEMENT CONFERENCE: Case Management Statement due by 6/25/2010. Case Management Conference set for 7/2/2010 01:30 PM in Courtroom 11, 19th Floor, San Francisco. (jjoS, COURT STAFF) (Filed on 5/4/2010) (Entered: 05/04/2010)
2010-05-06	113	MANDATE of USCA as to (81 in 3:08-cv-02997-JSW, 99 in 3:08-cv-01023-JSW) Notice of Appeal, filed by Department of Justice (hdj, COURT STAFF) (Filed on 5/6/2010) (Entered: 05/14/2010)
2010-05-14	114	CLERKS Letter Spreading Mandate to Counsel (hdj, COURT STAFF) (Filed on 5/14/2010) (Entered: 05/14/2010)
2010-06-23	115	STIPULATION to Continue Case Management Conference by Department of Justice, Office of the Director of National Intelligence. (Berman, Marcia) (Filed on 6/23/2010) (Entered: 06/23/2010)
2010-06-24	116	ORDER GRANTING (96 in 3:08-cv-02997-JSW) Stipulation to Continue Case Management Conference. Case Management Statement due by 7/16/2010. Case Management Conference set for 7/23/2010 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 6/23/10. (jjo, COURT STAFF) (Filed on 6/24/2010) (Entered: 06/24/2010)
2010-07-14	117	STIPULATION (Second) to Continue Case Management Conference by Department of Justice, Office of the Director of National Intelligence. (Berman, Marcia) (Filed on 7/14/2010) (Entered: 07/14/2010)
2010-07-15	118	ORDER GRANTING (98 in 3:08-cv-02997-JSW) Stipulation TO CONTINUE CMC (117 in 3:08-cv-01023-JSW) Stipulation TO CONTINUE CMC. Case Management Statement due by 9/3/2010. Case Management Conference set for 9/10/2010 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 7/15/10. (jjoS, COURT STAFF) (Filed on 7/15/2010) (Entered: 07/15/2010)
2010-09-03	119	STIPULATION re 118 Order, Set Deadlines/Hearings,, Stipulation to Vacate Case Management Conference by Department of Justice, Office of the Director of National Intelligence. (Berman, Marcia) (Filed on 9/3/2010) (Entered: 09/03/2010)
2010-09-03	120	ORDER GRANTING 119 Stipulation to Vacate Case Management Conference. Signed by Judge JEFFREY S. WHITE on 9/3/10. (jjoS, COURT STAFF) (Filed on 9/3/2010) (Entered: 09/03/2010)
2010-09-03		*** CASE MANAGEMENT CONFERENCE AND DEADLINES TERMINATED PURSUANT TO: 120 Order Granting Stipulation to Vacate Case Management Conference. (jjoS, COURT STAFF) (Filed on 9/3/2010) (Entered: 09/03/2010)
2010-09-29	121	STIPULATION of Dismissal by Electronic Frontier Foundation. (Hofmann, Marcia) (Filed on 9/29/2010) (Entered: 09/29/2010)
2010-09-29	122	ORDER GRANTING (121 in 3:08-cv-01023-JSW) AND (102 in 3:08-cv-02997-JSW) Stipulation of Dismissal. Signed by Judge JEFFREY S. WHITE on 9/29/10. (jjoS, COURT STAFF) (Filed on 9/29/2010) (Entered: 09/29/2010)
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