Case Detail

FOIA Project Annotation: The court ruled that the Department of Justice properly withheld a handful of Foreign Intelligence Surveillance Court opinions and orders dealing with both its interpretation of Section 215 of the Patriot Act and the identities of phone carriers participating in the Call Records Collection Program under Exemption 1 (national security) and Exemption 3 (other statutes). But the court found the agency had failed to show that an Office of Legal Counsel memo to the Commerce Department pertaining to the interaction between disclosure in the Patriot Act and prohibitions in the Census Act was protected under Exemption 5 (deliberative process privilege). Dealing first with the FISC orders, Judge Yvonne Gonzalez Rogers noted that "disclosure of the documents would reveal intelligence activities or methods described in the FISC orders [and] could allow targets of national security investigations to divine what information was collected when, as well as gaps in surveillance, thus providing a roadmap for evading surveillance." EFF argued that because the identities of the phone carriers had been revealed by two different government officials any exemption had been waived. But Rogers found that Raj De, General Counsel of the NSA, had not waived protection by referring to three different carriers during a public panel discussion. Rogers pointed out that "the public availability of 'similar' or 'overlapping' information is not sufficient to negate the government's classification. . ." She observed that "the inherent risks to national security and government investigations of identifying the specific telecommunications carriers is not mitigated by the government's declassification of general information about the call record collection program." But she found that any privilege for the OLC Census Memorandum had been waived by DOJ's adoption of the memo before the FISA Court as its legal interpretation. She pointed out that "DOJ offered the Census Memorandum as a statement of the law to bolster its legal arguments concerning matters unrelated to the subject of the Census Memorandum itself. Thus, DOJ cited the Census Memorandum in the context of carrying out its duties, and in connection with matters completely unrelated to the OLC's provision of advice to the Department of Commerce." She rejected the agency's claim that the recent D.C. Circuit decision, EFF v. Dept of Justice, 739 F.3d 1 (D.C. Cir. 2014), holding that an OLC opinion was not the working law of the FBI because OLC was not authorized to speak for the FBI, was not applicable. She observed that "regardless of whether OLC attorneys have policymaking authority within the Department of Commerce (the agency to whom the advice was given) or DOJ (the agency that used the advice), it was the DOJ that cited the documents as a statement of applicable law and policy in an unrelated proceeding."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 3 - Statutory prohibition of disclosure, Exemption 1 - Properly classified

FOIA Project Annotation: A federal court in California has ruled that the Department of Justice properly withheld a handful of Foreign Intelligence Surveillance Court opinions and orders dealing with both its interpretation of Section 215 of the Patriot Act and the identities of phone carriers participating in the Call Records Collection Program under Exemption 1 (national security) and Exemption 3 (other statutes). But the court found the agency had failed to show that an Office of Legal Counsel memo to the Commerce Department pertaining to the interaction between disclosure in the Patriot Act and prohibitions in the Census Act was protected under Exemption 5 (deliberative process privilege). Dealing first with the FISC orders, Judge Yvonne Gonzalez Rogers noted that "disclosure of the documents would reveal intelligence activities or methods described in the FISC orders [and] could allow targets of national security investigations to divine what information was collected when, as well as gaps in surveillance, thus providing a roadmap for evading surveillance." EFF argued that because the identities of the phone carriers had been revealed by two different government officials any exemption had been waived. But Rogers found that Raj De, General Counsel of the NSA, had not waived protection by referring to three different carriers during a public panel discussion. Rogers pointed out that "the public availability of 'similar' or 'overlapping' information is not sufficient to negate the government's classification. . ." She observed that "the inherent risks to national security and government investigations of identifying the specific telecommunications carriers is not mitigated by the government's declassification of general information about the call record collection program." But she found that any privilege for the OLC Census Memorandum had been waived by DOJ's adoption of the memo before the FISA Court as its legal interpretation. She pointed out that "DOJ offered the Census Memorandum as a statement of the law to bolster its legal arguments concerning matters unrelated to the subject of the Census Memorandum itself. Thus, DOJ cited the Census Memorandum in the context of carrying out its duties, and in connection with matters completely unrelated to the OLC's provision of advice to the Department of Commerce." She rejected the agency's claim that the recent D.C. Circuit decision, EFF v. Dept of Justice, 739 F.3d 1 (D.C. Cir. 2014), holding that an OLC opinion was not the working law of the FBI because OLC was not authorized to speak for the FBI, was not applicable. She observed that "regardless of whether OLC attorneys have policymaking authority within the Department of Commerce (the agency to whom the advice was given) or DOJ (the agency that used the advice), it was the DOJ that cited the documents as a statement of applicable law and policy in an unrelated proceeding."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2011-10-26	1	COMPLAINT for Injunctive Relief for Violation of the Freedom of Information Act against Department of Justice (Filing fee $350, receipt number 34611066219). Filed by Electronic Frontier Foundation. (cjl, COURT STAFF) (Filed on 10/26/2011) (Additional attachment(s) added on 11/1/2011: # 1 Civil Cover Sheet) (vlk, COURT STAFF). (Entered: 10/26/2011)
2011-10-26	2	Summons Issued as to Department of Justice. (cjl, COURT STAFF) (Filed on 10/26/2011) (vlk, COURT STAFF). (Entered: 10/26/2011)
2011-10-26	3	ADR SCHEDULING ORDER: Case Management Statement due by 2/1/2012. Case Management Conference set for 2/8/2012 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (Attachments: # 1 Standing Order)(cjl, COURT STAFF) (Filed on 10/26/2011) (Entered: 10/26/2011)
2011-10-27	4	SUMMONS Returned Executed (FOIA) by Electronic Frontier Foundation. Department of Justice served on 10/26/2011, answer due 11/28/2011. as to US Attorneys Office (Lynch, Jennifer) (Filed on 10/27/2011) (Entered: 10/27/2011)
2011-10-27	5	SUMMONS Returned Executed (FOIA) by Electronic Frontier Foundation. as to DOJ (Lynch, Jennifer) (Filed on 10/27/2011) (Entered: 10/27/2011)
2011-10-27	6	SUMMONS Returned Executed (FOIA) by Electronic Frontier Foundation. as to Attorney General of US (Lynch, Jennifer) (Filed on 10/27/2011) (Entered: 10/27/2011)
2011-11-03	7	NOTICE of Appearance by Steven Yale Bressler (Bressler, Steven) (Filed on 11/3/2011) (Entered: 11/03/2011)
2011-11-03	8	Declination to Proceed Before a Magistrate Judge and Request for Reassignment to a United States District Judge filed by Department of Justice (Bressler, Steven) (Filed on 11/3/2011) Modified on 11/4/2011 (vlk, COURT STAFF). (Entered: 11/03/2011)
2011-11-03	9	AMENDED COMPLAINT for Injunctive Relief for Violation of the Freedom of Information Act against Department of Justice. Filed byElectronic Frontier Foundation. (Lynch, Jennifer) (Filed on 11/3/2011) (Entered: 11/03/2011)
2011-11-04	10	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ig, COURT STAFF) (Filed on 11/4/2011) (Entered: 11/04/2011)
2011-11-08	11	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Saundra Brown Armstrong for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by the Executive Committee on November 8, 2011. (cjl, COURT STAFF) (Filed on 11/8/2011) (Entered: 11/08/2011)
2011-11-09	12	CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASES: Case Management Conference set for 2/8/2012 03:00 PM., via Telephone. Signed by Judge Saundra Brown Armstrong, on 11/9/11. (lrc, COURT STAFF) (Filed on 11/9/2011) Modified on 11/9/2011 (jlm, COURT STAFF). (Entered: 11/09/2011)
2011-11-22	13	STIPULATION Setting Deadline for Defendant to Respond to the First Amended Complaint, filed by Department of Justice, Electronic Frontier Foundation. (Bressler, Steven) (Filed on 11/22/2011) Modified on 11/23/2011 (jlm, COURT STAFF). (Entered: 11/22/2011)
2011-12-05	14	ANSWER to Amended Complaint byDepartment of Justice. (Bressler, Steven) (Filed on 12/5/2011) (Entered: 12/05/2011)
2012-01-06	15	NOTICE of Appearance of Mark Thomas Rumold as Counsel, filed by Electronic Frontier Foundation (Rumold, Mark) (Filed on 1/6/2012) Modified on 1/9/2012 (jlm, COURT STAFF). (Entered: 01/06/2012)
2012-01-18	16	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Yvonne Gonzalez Rogers for all further proceedings. Judge Hon. Saundra Brown Armstrong no longer assigned to the case. Signed by Judge Gonzalez Rogers on 1/18/12. (vlk, COURT STAFF) (Filed on 1/18/2012) (Entered: 01/18/2012)
2012-01-18	17	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Rumold, Mark) (Filed on 1/18/2012) (Entered: 01/18/2012)
2012-01-18	18	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Rumold, Mark) (Filed on 1/18/2012) (Entered: 01/18/2012)
2012-01-23		ADR Clerk Notice Setting ADR Phone Conference on 2/6/12 at 11:30 a.m. Pacific. The court will provide instructions for connecting to the call in a separate notice to the parties. (TEXT ONLY DOCKET ENTRY) (sgd, COURT STAFF) (Filed on 1/23/2012) (Entered: 01/23/2012)
2012-01-27	19	JOINT CASE MANAGEMENT STATEMENT filed by Electronic Frontier Foundation, Department of Justice. (Rumold, Mark) (Filed on 1/27/2012) Modified on 1/30/2012 (jlm, COURT STAFF). (Entered: 01/27/2012)
2012-01-31	20	ORDER Case Management Conference set for Monday, 3/12/2012 02:00 PM before Judge Yvonne Gonzalez Rogers in a designated courtroom in the Oakland Courthouse. Signed by Judge Yvonne Gonzalez Rogers on 1/31/2012. Parties are ordered to submit an updated Joint Case Management Statement and a joint discovery plan no less than 14 days prior to the conference.(fs, COURT STAFF) (Filed on 1/31/2012) (Entered: 02/01/2012)
2012-02-06		ADR Remark: ADR Phone Conference held by GDB on 2/6/12. (sgd, COURT STAFF) (Filed on 2/6/2012) (Entered: 02/06/2012)
2012-02-10	21	STIPULATION WITH PROPOSED ORDER Regarding Processing of FOIA Requests, filed by Electronic Frontier Foundation, Department of Justice. (Rumold, Mark) (Filed on 2/10/2012) Modified on 2/13/2012 (jlm, COURT STAFF). (Entered: 02/10/2012)
2012-02-16	22	ORDER GRANTING STIPULATION REGARDING PROCESSING OF FOIA REQUESTS by Judge Yvonne Gonzalez Rogers granting 21 Stipulation. (fs, COURT STAFF) (Filed on 2/16/2012) (Entered: 02/16/2012)
2012-02-22	23	STIPULATION WITH PROPOSED ORDER to Postpone Initial Case Management Conference re 20 Order, filed by Department of Justice, Electronic Frontier Foundation. (Bressler, Steven) (Filed on 2/22/2012) Modified on 2/23/2012 (jlm, COURT STAFF). (Entered: 02/22/2012)
2012-02-23	24	ORDER RESETTING CASE MANAGEMENT CONFERENCE Initial Case Management Conference set for 3/12/2012 is VACATED. Case Management Conference is now set for 8/20/2012 02:00 PM.. Signed by Judge Yvonne Gonzalez Rogers on 2/23/2012. (fs, COURT STAFF) (Filed on 2/23/2012) (Entered: 02/23/2012)
2012-03-12	25	STIPULATION WITH PROPOSED ORDER to Modify FOIA Processing Schedule re 22 Order on Stipulation filed by Department of Justice, Electronic Frontier Foundation. (Bressler, Steven) (Filed on 3/12/2012) Modified on 3/13/2012 (jlm, COURT STAFF). (Entered: 03/12/2012)
2012-03-15	26	ORDER by Judge Yvonne Gonzalez Rogers granting 25 Stipulation (fs, COURT STAFF) (Filed on 3/15/2012) (Entered: 03/15/2012)
2012-08-01	27	JOINT STATUS REPORT, filed by Electronic Frontier Foundation, Department of Justice. (Rumold, Mark) (Filed on 8/1/2012) Modified on 8/2/2012 (jlm, COURT STAFF). (Entered: 08/01/2012)
2012-08-02	28	STIPULATION WITH PROPOSED ORDER Requesting Postponement of the Initial Case Management Conference Currently Set for August 20, 2012, filed by Department of Justice, Electronic Frontier Foundation. (Bressler, Steven) (Filed on 8/2/2012) Modified on 8/3/2012 (jlm, COURT STAFF). (Entered: 08/02/2012)
2012-08-06	29	JOINT CASE MANAGEMENT STATEMENT, filed by Electronic Frontier Foundation. (Rumold, Mark) (Filed on 8/6/2012) Modified on 8/7/2012 (jlm, COURT STAFF). (Entered: 08/06/2012)
2012-08-06	30	Certificate of Interested Entities by Electronic Frontier Foundation (Rumold, Mark) (Filed on 8/6/2012) (Entered: 08/06/2012)
2012-08-07	31	ORDER by Judge Yvonne Gonzalez Rogers GRANTING 28 Stipulation to Continue Case Management Conference. The 8/20/2012 Case Management Conference is VACATED. Compliance Hearing is set for Friday, 8/31/12 at 9:01am. Signed by Judge Yvonne Gonzalez Rogers, on 08/07/12 (fs, COURT STAFF) (Filed on 8/7/2012) Modified on 8/8/2012 (jlm, COURT STAFF). (Entered: 08/07/2012)
2012-08-22	32	Letter to Judge Yvonne Gonzalez Rogers re request for a pre-filing conference pursuant to Paragraph 9(a) of the Court's Standing Order In Civil Cases, from Steven Y. Bressler, counsel for the Department of Justice, dated 08/22/12 . (Bressler, Steven) (Filed on 8/22/2012) Modified on 8/23/2012 (jlm, COURT STAFF). (Entered: 08/22/2012)
2012-08-24	33	Letter from Mark Rumold, counsel for Plaintiff, to Judge Yvonne Gonzalez Rogers re: Request for a Pre-Filing Conference . (Rumold, Mark) (Filed on 8/24/2012) (Entered: 08/24/2012)
2012-08-29	34	ORDER RE MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT. The Compliance Hearing set for Friday, August 31, 2012 is VACATED. Signed by Judge Yvonne Gonzalez Rogers on 8/29/12. (fs, COURT STAFF) (Filed on 8/29/2012) (Entered: 08/29/2012)
2012-10-23	35	STIPULATION WITH PROPOSED ORDER to Set Summary Judgment Briefing Schedule and Hearing Date, filed by Electronic Frontier Foundation, Department of Justice. (Rumold, Mark) (Filed on 10/23/2012) Modified on 10/24/2012 (jlm, COURT STAFF). (Entered: 10/23/2012)
2012-10-24	36	ORDER by Judge Yvonne Gonzalez Rogers granting 35 Stipulation to set Summary Judgment Briefing and Hearing (fs, COURT STAFF) (Filed on 10/24/2012) (Entered: 10/25/2012)
2012-10-24		Set/Reset Deadlines as to Motion Filed 11/9/12;Responses and Cross Motion due by 12/7/2012. Replies and Oppositions due by 12/27/2012; Plaintiff's Reply filed 1/11/13; Motion Hearing set for 2/12/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 10/24/2012) (Entered: 10/25/2012)
2012-11-02	37	STIPULATION WITH [PROPOSED] ORDER re 36 to Extend Defendant's Deadline to File Motion for Summary Judgment by One Week filed by Department of Justice, Electronic Frontier Foundation. (Bressler, Steven) (Filed on 11/2/2012) Modified on 11/5/2012 (cjl, COURT STAFF). (Entered: 11/02/2012)
2012-11-05	38	ORDER by Judge Yvonne Gonzalez Rogers granting 37 Stipulation re Summary Judgment [AS MODIFIED BY THE COURT] (fs, COURT STAFF) (Filed on 11/5/2012) (Entered: 11/05/2012)
2012-11-05		Set/Reset Deadlines as to Defendant's Motion for Summary Judgment filed 11/16/12; Plaintiff's Cross-Motion and Opposition due by 12/14/2012. Defendant's Opposition and Replies due by 1/4/2013. Plaintiff's Reply filed 1/18/13. Motions Hearing set for 2/19/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 11/5/2012) (Entered: 11/05/2012)
2012-11-15	39	Letter to Judge Yvonne Gonzalez Rogers re release of classified information, from Steven Y. Bressler, dated 11/15/12. (Bressler, Steven) (Filed on 11/15/2012) Modified on 11/16/2012 (jlm, COURT STAFF). (Entered: 11/15/2012)
2012-11-16	40	MOTION for Summary Judgment filed by Department of Justice. Motion Hearing set for 2/19/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 12/14/2012. Replies due by 1/4/2013. (Attachments: # 1 Declaration Unclassified Declaration of Mark A. Bradley, # 2 Declaration Declaration of Paul Colborn (and exhibits thereto), # 3 Declaration Declaration of David M. Hardy, # 4 Exhibit Exhibits to Declaration of David M. Hardy, # 5 Supporting Separate Statement of Material Facts, # 6 Proposed Order)(Bressler, Steven) (Filed on 11/16/2012) (Entered: 11/16/2012)
2012-12-14	41	Cross MOTION and [Proposed] Order for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by Electronic Frontier Foundation. Motion Hearing set for 2/19/2013 02:00 PM before Hon. Yvonne Gonzalez Rogers. Responses due by 1/4/2013. Replies due by 1/18/2013. (Attachments: # 1 Proposed Order)(Rumold, Mark) (Filed on 12/14/2012) Modified on 12/17/2012 (cjl, COURT STAFF). (Entered: 12/14/2012)
2012-12-14	42	Declaration of Mark Rumold in Support of 41 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed byElectronic Frontier Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Related document(s) 41 ) (Rumold, Mark) (Filed on 12/14/2012) (Entered: 12/14/2012)
2012-12-14	43	Statement re 41 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment of Material Facts by Electronic Frontier Foundation. (Rumold, Mark) (Filed on 12/14/2012) (Entered: 12/14/2012)
2013-01-04	44	Memorandum in Opposition re 41 Cross Motion for Summary Judgment, 40 Motion for Summary Judgment, filed by Department of Justice. (Attachments: # 1 Declaration Supplemental Declaration of Mark A. Bradley, # 2 Declaration of Steven Y. Bressler, # 3 Exhibit Defendant's Response to Plaintiff's Separate Statement of Additional Material Facts, # 4 Proposed Order)(Bressler, Steven) (Filed on 1/4/2013) Modified on 1/7/2013 (jlm, COURT STAFF). (Entered: 01/04/2013)
2013-01-18	45	Reply Memorandum re 41 Cross Motion for Summary Judgment, filed by Electronic Frontier Foundation. (Attachments: # 1 Declaration (Supplemental) of Mark Rumold)(Rumold, Mark) (Filed on 1/18/2013) Modified on 1/22/2013 (jlm, COURT STAFF). (Entered: 01/18/2013)
2013-01-28	46	STIPULATION WITH PROPOSED ORDER Requesting to Reschedule Hearing on Cross-Motions for Summary Judgment re 41 Cross Motion for Summary Judgment, 40 Motion for Summary Judgment, filed by Department of Justice, Electronic Frontier Foundation. (Bressler, Steven) (Filed on 1/28/2013) Modified on 1/29/2013 (jlm, COURT STAFF). (Entered: 01/28/2013)
2013-01-31	47	ORDER GRANTING STIPULATED REQUEST TO RESCHEDULE HEARING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT AS MODIFIED BY THE COURT re 46 Stipulation. Motion Hearing set for 3/12/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers.. Signed by Judge Yvonne Gonzalez Rogers on 1/31/2013. (fs, COURT STAFF) (Filed on 1/31/2013) Modified on 2/1/2013 (jlm, COURT STAFF). (Entered: 01/31/2013)
2013-03-12	48	Minute Entry: Hearing held on 3/12/2013 before Judge Yvonne Gonzalez Rogers (Date Filed: 3/12/2013) Hearings re 41 Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment, 40 Motion for Summary Judgment filed by the Department of Justice is VACATED until further notice from the Court. (Court Reporter: Raynee Mercado.) (fs, COURT STAFF) (Date Filed: 3/12/2013) Modified on 3/14/2013 (jlm, COURT STAFF). (Entered: 03/13/2013)
2013-03-26	49	ORDER RE: FURTHER SUBMISSION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Yvonne Gonzalez Rogers on 3/26/13. (fs, COURT STAFF) (Filed on 3/26/2013) (Entered: 03/26/2013)
2013-04-06	50	NOTICE of Change of Address, filed by Electronic Frontier Foundation (Lynch, Jennifer) (Filed on 4/6/2013) Modified on 4/8/2013 (jlm, COURT STAFF). (Entered: 04/06/2013)
2013-04-18	51	RESPONSE to re 49 Order, 40 MOTION for Summary Judgment by Department of Justice. (Attachments: # 1 Declaration Supplemental Declaration of Mark A. Bradley and Unclassified Vaughn Index)(Bressler, Steven) (Filed on 4/18/2013) (Entered: 04/18/2013)
2013-04-25	52	ORDER DIRECTING PLAINTIFF TO SUBMIT RESPONSE TO DEFENDANT'S FURTHER SUBMISSION FILED APRIL 18, 2013. Signed by Judge Yvonne Gonzalez Rogers on 4/25/13. (fs, COURT STAFF) (Filed on 4/25/2013) (Entered: 04/25/2013)
2013-05-03	53	STIPULATION WITH PROPOSED ORDER to Enlarge by One Week Defendant's Time to File a Reply re 52 Order filed by Department of Justice, Electronic Frontier Foundation. (Bressler, Steven) (Filed on 5/3/2013) Modified on 5/7/2013 (jlm, COURT STAFF). (Entered: 05/03/2013)
2013-05-08	54	ORDER by Judge Yvonne Gonzalez Rogers granting 53 Stipulation to Enlarge Defendant's Time to File a Reply Brief. (fs, COURT STAFF) (Filed on 5/8/2013) (Entered: 05/08/2013)
2013-05-08		Set/Reset Deadlines as to 40 Motion for Summary Judgment. Replies due by 5/23/2013, per 54 Order. (jlm, COURT STAFF) (Filed on 5/8/2013) (Entered: 05/09/2013)
2013-05-09	55	RESPONSE to re 51 defendant's further submissions by Electronic Frontier Foundation. (Rumold, Mark) (Filed on 5/9/2013) Modified on 5/10/2013 (cpS, COURT STAFF). (Entered: 05/09/2013)
2013-05-23	56	Reply Memorandum in RESPONSE to 49 Order, 52 Order, filed by Department of Justice. (Bressler, Steven) (Filed on 5/23/2013) Modified on 5/24/2013 (jlm, COURT STAFF). (Entered: 05/23/2013)
2013-06-07	57	***ERRONEOUS ENTRY, PLEASE SEE DOCUMENT NO. 59 *** NOTICE and Request That Court Hold the Cross-Motions for Summary Judgment in Abeyance, filed by Department of Justice (Bressler, Steven) (Filed on 6/7/2013) Modified on 6/10/2013 (jlm, COURT STAFF). Modified on 6/11/2013 (jlm, COURT STAFF). (Entered: 06/07/2013)
2013-06-10	58	CLERKS NOTICE OF DEFICIENCY RE 57 (jlm, COURT STAFF) (Filed on 6/10/2013) (Entered: 06/10/2013)
2013-06-10	59	STIPULATION WITH PROPOSED ORDER Requesting the Court Hold in Abeyance the Parties' Cross-Motions for Summary Judgment re 41 Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment, 40 Motion for Summary Judgment, filed by Department of Justice, Electronic Frontier Foundation. (Bressler, Steven) (Filed on 6/10/2013) Modified on 6/11/2013 (jlm, COURT STAFF). (Entered: 06/10/2013)
2013-06-11	60	ORDER by Judge Yvonne Gonzalez Rogers granting 59 Stipulation that the Court hold the Cross-Motions for Summary Judgment in Abeyance. Status report to be filed by 7/12/2013. (fs, COURT STAFF) (Filed on 6/11/2013) (Entered: 06/11/2013)
2013-07-12	61	STATUS REPORT (Joint) by Department of Justice, Electronic Frontier Foundation. (Bressler, Steven) (Filed on 7/12/2013) (Entered: 07/12/2013)
2013-07-19	62	ORDER RE: HOLDING CROSS-MOTIONS FOR SUMMARY JUDGMENT IN ABEYANCE. Joint Statement to be filed by 9/4/2013. Signed by Judge Yvonne Gonzalez Rogers on 7/19/13. (fs, COURT STAFF) (Filed on 7/19/2013) (Entered: 07/19/2013)
2013-09-04	63	STATUS REPORT by Department of Justice. (Bressler, Steven) (Filed on 9/4/2013) (Entered: 09/04/2013)
2013-09-06	64	ORDER by Judge Yvonne Gonzalez Rogers denying without prejudice 40 Motion for Summary Judgment; denying without prejudice 41 Motion for Summary Judgment and Directing Parties to Sumbit Further Status Report. (fs, COURT STAFF) (Filed on 9/6/2013) (Entered: 09/06/2013)
2013-10-01	65	Consent MOTION to Stay Litigation in Light of the Lapse in Federal Government Appropriations re 64 Order on Motion for Summary Judgment, filed by Department of Justice. Responses due by 10/7/2013. (Bressler, Steven) (Filed on 10/1/2013) Modified on 10/2/2013 (jlmS, COURT STAFF). (Entered: 10/01/2013)
2013-10-01	66	ORDER by Judge Yvonne Gonzalez Rogers granting 65 Unopposed Administrative Motion to Stay Litigation and Tolling of Deadlines in Light of Lapse in Federal Government Appropriations. (fs, COURT STAFF) (Filed on 10/1/2013) (Entered: 10/01/2013)
2013-10-17	67	NOTICE re Appropriation of Funds for the Department of Justice, as to 66 Order on Motion to Stay, filed by Department of Justice (Bressler, Steven) (Filed on 10/17/2013) Modified on 10/18/2013 (jlmS, COURT STAFF). (Entered: 10/17/2013)
2013-12-23	68	JOINT STATUS REPORT, filed by Electronic Frontier Foundation, Department of Justice. (Rumold, Mark) (Filed on 12/23/2013) Modified on 12/26/2013 (jlmS, COURT STAFF). (Entered: 12/23/2013)
2014-01-06	69	ORDER RE: Joint Status Conference Statement filed by 2/3/2014. Status Conference set for Monday, 2/10/2014 01:30 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 1/6/2014. (fs, COURT STAFF) (Filed on 1/6/2014) Modified on 1/7/2014 (jlmS, COURT STAFF). (Entered: 01/06/2014)
2014-02-03	70	JOINT STATUS REPORT AND PROPOSED SCHEDULE FOR FURTHER PROCEEDINGS, filed by Department of Justice, Electronic Frontier Foundation. (Bressler, Steven) (Filed on 2/3/2014) Modified on 2/4/2014 (jlmS, COURT STAFF). (Entered: 02/03/2014)
2014-02-03	71	STIPULATION WITH PROPOSED ORDER to Set Briefing Schedule and to Reschedule or Vacate Case Management Conference re 69 Order, filed by Department of Justice, Electronic Frontier Foundation. (Bressler, Steven) (Filed on 2/3/2014) Modified on 2/4/2014 (jlmS, COURT STAFF). (Entered: 02/03/2014)
2014-02-06	72	ORDER by Judge Yvonne Gonzalez Rogers granting 71 Stipulation to Set Briefing Schedule and to Vacate Case Management Conference. (fs, COURT STAFF) (Filed on 2/6/2014) (Entered: 02/06/2014)
2014-03-03	73	ATTACHMENT INCORRECT. SEE DKT. NO. 74 FOR CORRECT ENTRY AND ATTACHMENT Minute Entry: Pre-Filing Conference re Motions for Summary Judgment HELD (Date Filed: 3/3/2014). Defendant to file motion for summary judgment and opening brief by 3/21/14; Plaintiff's cross-motion for summary judgment and opening brief filed 4/18/14; Defendant's cross-opposition and reply filed *** 5/2/14 ***; Plaintiff's reply filed 5/16/14. Motion Hearing set for Tuesday, 6/3/2014 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (Court Reporter Raynee Mercado.) (fs, COURT STAFF) (Date Filed: 3/3/2014) Modified on 3/10/2014 (fs, COURT STAFF). (Entered: 03/07/2014)
2014-03-03	74	AMENDED Minute Entry: [amended to reflect correct date for Defendant's cross-opposition and reply is 5/2/14] Pre-Filing Conference re Motions for Summary Judgment HELD (Date Filed: 3/3/2014). Defendant to file motion for summary judgment and opening brief by 3/21/14; Plaintiff's cross-motion for summary judgment and opening brief filed 4/18/14; Defendant's cross-opposition and reply filed ***5/2/14; Plaintiff's reply filed 5/16/14. Motion Hearing set for Tuesday, 6/3/2014 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. (Court Reporter Raynee Mercado.) (fs, COURT STAFF) (Date Filed: 3/3/2014) (Entered: 03/10/2014)
2014-03-13	75	STIPULATION WITH PROPOSED ORDER to Extend Deadline for Defendant's Summary Judgment Motion by One Week filed by Department of Justice, Electronic Frontier Foundation. (Bressler, Steven) (Filed on 3/13/2014) Modified on 3/14/2014 (cpS, COURT STAFF). (Entered: 03/13/2014)
2014-03-18	76	ORDER by Judge Yvonne Gonzalez Rogers granting 75 Stipulation to Extend Deadline for Summary Judgment Motion by one week. (fs, COURT STAFF) (Filed on 3/18/2014) (Entered: 03/18/2014)
2014-03-28	77	MOTION for Summary Judgment filed by Department of Justice. Motion Hearing set for 6/3/2014 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 4/18/2014. Replies due by 5/2/2014. (Attachments: # 1 Declaration Exh. A Declaration of Jennifer L. Hudson, # 2 Vaughn Index, # 3 Supporting Separate Statement of Material Facts, # 4 Proposed Order, # 5 Declaration Exh. B Declaration of Paul P. Colborn (with exhibits), # 6 Exhibit Exh. C Aug. 29, 2013 FISC Opinion, # 7 Exhibit Exh. D Oct. 11, 2013 FISC Opinion)(Bressler, Steven) (Filed on 3/28/2014) (Entered: 03/28/2014)
2014-04-01	78	NOTICE of Lodging Classified Declaration re 39 Letter, 77 Motion for Summary Judgment, filed by Department of Justice (Bressler, Steven) (Filed on 4/1/2014) Modified on 4/2/2014 (jlmS, COURT STAFF). (Entered: 04/01/2014)
2014-04-18	79	Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by Electronic Frontier Foundation. Motion Hearing set for 6/3/2014 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Responses due by 5/2/2014. Replies due by 5/16/2014. (Attachments: # 1 Separate Statement of Material Facts, # 2 Declaration of Mark Rumold with Exhibits, # 3 Proposed Order)(Rumold, Mark) (Filed on 4/18/2014) (Entered: 04/18/2014)
2014-05-02	80	RESPONSE (re 77 MOTION for Summary Judgment , 79 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment ) filed byDepartment of Justice. (Attachments: # 1 Exhibit Unclassified, Redacted November 2012 Declaration of Diane M. Janosek, # 2 Exhibit Declaration of Mark W. Ewing, # 3 Exhibit Notice of Lodging of Classified Declaration, # 4 Consolidated Statements of Material Facts)(Bressler, Steven) (Filed on 5/2/2014) (Entered: 05/02/2014)
2014-05-16	81	REPLY (re 79 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment ) filed byElectronic Frontier Foundation. (Attachments: # 1 Declaration of Mark Rumold)(Rumold, Mark) (Filed on 5/16/2014) (Entered: 05/16/2014)
2014-06-03	82	Minute Entry: Motion Hearing held and submitted on 6/3/2014 before Yvonne Gonzalez Rogers (Date Filed: 6/3/2014) re 77 MOTION for Summary Judgment filed by Department of Justice, 79 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by Electronic Frontier Foundation. (Court Reporter Diane Skillman.) (fs, COURT STAFF) (Date Filed: 6/3/2014) (Entered: 06/03/2014)
2014-06-12	83	***FILED IN ERROR, SEE DOCUMENT # 84 *** NOTICE by Electronic Frontier Foundation of Recent Order and Notice of Clarification (Rumold, Mark) (Filed on 6/12/2014) Modified on 6/16/2014 (cpS, COURT STAFF). (Entered: 06/12/2014)
2014-06-13	84	NOTICE by Electronic Frontier Foundation of Recent Order and Notice of Clarification: CORRECTION OF DOCKET # 83 (Rumold, Mark) (Filed on 6/13/2014) (Entered: 06/13/2014)
2014-06-13	85	ORDER RE: PRODUCTION OF DOCUMENTS FOR IN CAMERA REVIEW. Signed by Judge Yvonne Gonzalez Rogers on 6/13/14. (fs, COURT STAFF) (Filed on 6/13/2014) (Entered: 06/13/2014)
2014-06-16	86	Notice of Lodging Classified Documents for Court's Review In Camera re 85 Order by Department of Justice (Bressler, Steven) (Filed on 6/16/2014) Modified on 6/17/2014 (cpS, COURT STAFF). (Entered: 06/16/2014)
2014-07-18	87	NOTICE of Recent Authority by Department of Justice re 84 Notice (Other), 77 MOTION for Summary Judgment , 79 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by Department of Justice (Attachments: # 1 Exhibit Memorandum Opinion in Electronic Frontier Found. v. Dep't of Justice, No.12cv1441-ABJ (D.D.C. July 18, 2014))(Bressler, Steven) (Filed on 7/18/2014) Modified on 7/18/2014 (cpS, COURT STAFF). (Entered: 07/18/2014)
2014-07-24	88	SECOND ORDER RE: PRODUCTION OF DOCUMENTS FOR IN CAMERA REVIEW. Signed by Judge Yvonne Gonzalez Rogers on 7/24/14. (fs, COURT STAFF) (Filed on 7/24/2014) (Entered: 07/24/2014)
2014-07-25	89	NOTICE OF LODGING by Department of Justice re 88 Order (Bressler, Steven) (Filed on 7/25/2014) Modified on 7/28/2014 (cpS, COURT STAFF). (Entered: 07/25/2014)
2014-08-11	90	ORDER by Judge Yvonne Gonzalez Rogers granting in part and denying in part 77 Motion for Summary Judgment; granting in part and denying in part 79 Motion for Summary Judgment. The parties are directed to submit a proposed form of judgment, approved as to form by both parties, forthwith. (fs, COURT STAFF) (Filed on 8/11/2014) (Entered: 08/11/2014)
2014-08-28	91	Joint Notice of Submission of Proposed Form of Judgment by Department of Justice, Electronic Frontier Foundation (Attachments: # 1 Proposed Form of Judgment)(Bressler, Steven) (Filed on 8/28/2014) Modified on 8/29/2014 (cpS, COURT STAFF). (Entered: 08/28/2014)
2014-08-29	92	JUDGMENT. Signed by Judge Yvonne Gonzalez Rogers on 8/29/14. (fs, COURT STAFF) (Filed on 8/29/2014) (Entered: 08/29/2014)
2014-09-02	93	Consent MOTION for Extension of Time to File for Award of Attorney's Fees and Costs (Rule 54) filed by Electronic Frontier Foundation. (Attachments: # 1 Proposed Order)(Rumold, Mark) (Filed on 9/2/2014) (Entered: 09/02/2014)
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