Case Detail

FOIA Project Annotation: A federal court in California has ruled that Vaughn indices submitted by a number of intelligence agencies to withhold information sent by the agencies to the Intelligence Oversight Board, a five-member committee of the President's Intelligence Advisory Board tasked with informing the President of intelligence activities it believes may be unlawful or contrary to executive order or presidential directive, do not sufficiently explain why information is being withheld under Exemption 1 (national security), Exemption 5 (privileges), Exemption 7(D) (confidential sources), or Exemption 7(E) (investigative methods and techniques) and has ordered the agencies to either release the information or provide a better justification. Judge Saundra Brown Armstrong initially observed that "deference [to agency declarations] is not equivalent to acquiescence; an agency's declaration may justify summary judgment only if it is sufficient 'to afford the FOIA requester a meaningful opportunity to contest, and the district court an adequate foundation to review, the soundness of the withholding.'" Using this standard, she found virtually all the exemption claims made by the Defense Department, Homeland Security, and the FBI inadequately supported. Rejecting the FBI's Exemption 1 claims, she noted that "the FBI's explanations are categorical descriptions of redacted material coupled with the categorical indication of anticipated consequences of disclosure, which are 'clearly inadequate.'. . .[The agency's] generalized assertions and boilerplate fall far short of the detail required to demonstrate that information was properly withheld under FOIA." She found deliberative process claims made by the Office of the Director of National Intelligence to be inadequate as well. She pointed out that "ONDI [has not] provided a relatively detailed explanation identifying the specific reasons why information was withheld under the deliberative process privilege. [The agency] only offers a general description of the withheld information coupled with a generalized indication of possible consequences of disclosing the information. Such a showing is insufficient to satisfy the reasonable specificity standard." The FBI's attorney-client privilege claims also came up short. Armstrong noted that "the FBI has not provided sufficient information from which the Court can conclude that the redacted documents involve the provision of specific legal advice and that they were intended to be confidential and were kept confidential." As to Exemption 7(E) claims made by Homeland Security, she observed that "[the agency] simply parrots the language of the claimed exemption without providing any detail as to why the release of the withheld portions of the documents would reasonably risk circumvention of the law." Rejecting the agencies' segregability claims in toto, Armstrong pointed out that "none of the Defendants has offered a particularized explanation establishing that all reasonably segregable portions of each challenged document have been segregated and disclosed."
Issues: Litigation - Vaughn index

Date Filed	Doc #	Docket Text
2009-07-22	1	COMPLAINT against Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence ( Filing fee $ 350, receipt number 34611034587.). Filed by Electronic Frontier Foundation. (Attachments: # 1 Civil Cover Sheet)(jlm, COURT STAFF) (Filed on 7/22/2009) Modified on 7/24/2009 (jlm, COURT STAFF). (Entered: 07/23/2009)
2009-07-22	2	ADR SCHEDULING ORDER: Case Management Statement due by 10/22/2009. Case Management Conference set for 10/29/2009 03:00 PM. (Attachments: # 1 Standing Order - SBA)(jlm, COURT STAFF) (Filed on 7/22/2009) (Entered: 07/23/2009)
2009-07-22	3	Summons Issued as to Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence. (jlm, COURT STAFF) (Filed on 7/22/2009) (Entered: 07/23/2009)
2009-07-22	4	Certificate of Interested Entities by Electronic Frontier Foundation (jlm, COURT STAFF) (Filed on 7/22/2009) (Entered: 07/23/2009)
2009-07-22		CASE DESIGNATED for Electronic Filing. (jlm, COURT STAFF) (Filed on 7/22/2009) (Entered: 07/23/2009)
2009-07-31	5	MOTION for leave to appear in Pro Hac Vice for David L. Sobel ( Filing fee $ 210, receipt number 44611003923.) filed by Electronic Frontier Foundation. (Attachments: # 1 Proposed Order)(jlm, COURT STAFF) (Filed on 7/31/2009) (Entered: 07/31/2009)
2009-08-03	6	ORDER by Judge Saundra Brown Armstrong GRANTING 5 Motion for Pro Hac Vice for David L. Sobel (jlm, COURT STAFF) (Filed on 8/3/2009) (Entered: 08/04/2009)
2009-08-05	7	CLERKS NOTICE Case Management Conference set for 10/29/2009 02:45 PM. VIA TELEPHONE. (lrc, COURT STAFF) (Filed on 8/5/2009) (Entered: 08/05/2009)
2009-08-28	8	ANSWER to Complaint byCentral Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence. (McElvain, Joel) (Filed on 8/28/2009) (Entered: 08/28/2009)
2009-09-11	9	CERTIFICATE OF SERVICE by Electronic Frontier Foundation of Summons and Complaint (Hofmann, Marcia) (Filed on 9/11/2009) (Entered: 09/11/2009)
2009-09-28	10	STIPULATION and Proposed Order re FOIA Agreement, by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence, Electronic Frontier Foundation. (McElvain, Joel) (Filed on 9/28/2009) Modified on 9/29/2009 (jlm, COURT STAFF). (Entered: 09/28/2009)
2009-09-28	11	MOTION to Shorten Time for a Hearing on Plaintiff's Motion for Partial Summary Judgment, filed by Electronic Frontier Foundation. (Attachments: # 1 Proposed Order)(Cardozo, Nathan) (Filed on 9/28/2009) Modified on 9/29/2009 (jlm, COURT STAFF). (Entered: 09/28/2009)
2009-09-28	12	Declaration of Nathan Cardozo in Support of 11 Motion to Shorten Time for a Hearing on Plaintiff's Motion for Partial Summary Judgment filed by Electronic Frontier Foundation. (Related document(s) 11 ) (Cardozo, Nathan) (Filed on 9/28/2009) Modified on 9/29/2009 (jlm, COURT STAFF). (Entered: 09/28/2009)
2009-09-28	13	MOTION for Partial Summary Judgment; Memorandum of Points and Authorities, filed by Electronic Frontier Foundation. Motion Hearing set for 11/3/2009 01:00 PM. (Attachments: # 1 Proposed Order)(Cardozo, Nathan) (Filed on 9/28/2009) Modified on 9/29/2009 (jlm, COURT STAFF). (Entered: 09/28/2009)
2009-09-28	14	Declaration of Nathan Cardozo in Support of 13 Motion for Partial Summary Judgment filed by Electronic Frontier Foundation. (Attachments: # 1 Exhibit 1-4, # 2 Exhibit 5-8, # 3 Exhibit 9-12, # 4 Exhibit 13-16, # 5 Exhibit 17-19, # 6 Exhibit 20-22, # 7 Exhibit 23-26)(Related document(s) 13 ) (Cardozo, Nathan) (Filed on 9/28/2009) Modified on 9/29/2009 (jlm, COURT STAFF). (Entered: 09/28/2009)
2009-10-01	15	Memorandum in Opposition re 11 Motion to Shorten Time for a Hearing on Plaintiff's Motion for Partial Summary Judgment filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence. (Attachments: # 1 Affidavit, # 2 Proposed Order)(McElvain, Joel) (Filed on 10/1/2009) Modified on 10/2/2009 (jlm, COURT STAFF). (Entered: 10/01/2009)
2009-10-02	16	NOTICE of Amendment of 12 Declaration of Nathan Cardoza in Support of Motion to Shorten Time (Attachments: # 1 Amended Declaration in Support of Motion to Shorten Time) by Electronic Frontier Foundation (Cardozo, Nathan) (Filed on 10/2/2009) Modified on 10/5/2009 (jlm, COURT STAFF). (Entered: 10/02/2009)
2009-10-08	17	***ERRONEOUS ENTRY, PLEASE SEE DOCUMENT 20 *** ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Cardozo, Nathan) (Filed on 10/8/2009) Modified on 10/13/2009 (jlm, COURT STAFF). (Entered: 10/08/2009)
2009-10-08	18	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options, filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency (McElvain, Joel) (Filed on 10/8/2009) Modified on 10/9/2009 (jlm, COURT STAFF). (Entered: 10/08/2009)
2009-10-08	19	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d), by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency (McElvain, Joel) (Filed on 10/8/2009) Modified on 10/9/2009 (jlm, COURT STAFF). (Entered: 10/08/2009)
2009-10-09	20	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options, filed by Electronic Frontier Foundation *CORRECTED VERSION (Cardozo, Nathan) (Filed on 10/9/2009) Modified on 10/13/2009 (jlm, COURT STAFF). (Entered: 10/09/2009)
2009-10-15	21	ORDER Setting Hearing on Motion 13 MOTION for Partial Summary Judgment :, Motions terminated: 11 MOTION to Shorten Time for a Hearing on Plaintiff's Motion for Partial Summary Judgment filed by Electronic Frontier Foundation. Motion Hearing set for 12/1/2009 01:00 PM in Courtroom 1, 4th Floor, Oakland.. Signed by Judge ARMSTRONG on 10/14/09. (lrc, COURT STAFF) (Filed on 10/15/2009) (Entered: 10/15/2009)
2009-10-16	22	ADR Clerks Notice Setting ADR Phone Conference on 10/27/09 at 10:00 a.m. Please take note that plaintiff's counsel initiates the call to all parties. (sgd, COURT STAFF) (Filed on 10/16/2009) (Entered: 10/16/2009)
2009-10-21	23	***ERRONEOUS ENTRY, PLEASE REFER TO DOCUMENT 24 *** CLERKS NOTICE Case Management Conference set for 12/1/2010 01:00 PM in Courtroom 1, 4th Floor, Oakland. (lrc, COURT STAFF) (Filed on 10/21/2009) Modified on 10/22/2009 (jlm, COURT STAFF). Modified on 10/22/2009 (jlm, COURT STAFF). Modified on 10/22/2009 (jlm, COURT STAFF). (Entered: 10/21/2009)
2009-10-21	24	AMENDED CLERKS NOTICE: The Case Management Conference set for 12/1/2009 at 01:00 PM in Courtroom 1, 4th Floor, Oakland (lrc, COURT STAFF) (Filed on 10/21/2009) Modified on 10/22/2009 (jlm, COURT STAFF). (Entered: 10/21/2009)
2009-10-21	25	CERTIFICATE OF SERVICE by Electronic Frontier Foundation re 24 Clerks Notice (Cardozo, Nathan) (Filed on 10/21/2009) Modified on 10/22/2009 (jlm, COURT STAFF). (Entered: 10/21/2009)
2009-10-21		Set/Reset Hearings: re 24 Case Management Conference set for 12/1/2009 01:00 PM in Courtroom 1, 4th Floor, Oakland. (jlm, COURT STAFF) (Filed on 10/21/2009) (Entered: 10/22/2009)
2009-10-27	26	MOTION to Stay Proceedings with Respect to FBI, filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency. Motion Hearing set for 12/1/2009 01:00 PM in Courtroom 1, 4th Floor, Oakland. (Attachments: # 1 Affidavit Declaration of David M. Hardy, # 2 Proposed Order)(McElvain, Joel) (Filed on 10/27/2009) Modified on 10/28/2009 (jlm, COURT STAFF). (Entered: 10/27/2009)
2009-10-27		ADR Remark: ADR Phone Conference held by DB on 10/27/09. (sgd, COURT STAFF) (Filed on 10/27/2009) (Entered: 10/27/2009)
2009-10-28	27	Memorandum in Opposition re 13 Motion for Partial Summary Judgment filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency. (Attachments: # 1 Affidavit Declaration of Melanie Ann Pustay, # 2 Affidavit Declaration of William T. Kammer, # 3 Affidavit Declaration of Alesia Y. Williams, # 4 Affidavit Declaration of Martha M. Lutz, # 5 Affidavit Declaration of Diane M. Janosek, # 6 Affidavit Declaration of John F. Hackett, # 7 Proposed Order)(McElvain, Joel) (Filed on 10/28/2009) Modified on 10/29/2009 (jlm, COURT STAFF). (Entered: 10/28/2009)
2009-10-28	28	STIPULATION and Proposed Order re Briefing Schedule, filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Electronic Frontier Foundation. (McElvain, Joel) (Filed on 10/28/2009) Modified on 10/29/2009 (jlm, COURT STAFF). (Entered: 10/28/2009)
2009-11-04	29	Reply Memorandum re 13 Motion for Partial Summary Judgment filed by Electronic Frontier Foundation. (Cardozo, Nathan) (Filed on 11/4/2009) Modified on 11/5/2009 (jlm, COURT STAFF). (Entered: 11/04/2009)
2009-11-10	30	Memorandum in Opposition re 26 Motion for Stay of Proceedings with Respect to FBI filed by Electronic Frontier Foundation. (Attachments: # 1 Exhibit 1-4, # 2 Exhibit 5-6)(Cardozo, Nathan) (Filed on 11/10/2009) Modified on 11/12/2009 (jlm, COURT STAFF). (Entered: 11/10/2009)
2009-11-13	31	JOINT CASE MANAGEMENT STATEMENT filed by Electronic Frontier Foundation, Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence. (Cardozo, Nathan) (Filed on 11/13/2009) Modified on 11/16/2009 (kc, COURT STAFF). (Entered: 11/13/2009)
2009-11-17	32	Reply Memorandum re 26 MOTION to Stay Proceedings with Respect to FBI filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence. (McElvain, Joel) (Filed on 11/17/2009) Modified on 11/18/2009 (cjl, COURT STAFF). (Entered: 11/17/2009)
2009-11-24	33	CLERKS NOTICE: Continuing Motion Hearing and Case Management Conference to 12/8/2009 at 01:00 PM in Courtroom 1, 4th Floor, Oakland. Motion Hearing set for 12/8/2009 at 01:00 PM in Courtroom 1, 4th Floor, Oakland. (lrc, COURT STAFF) (Filed on 11/24/2009) Modified on 11/25/2009 (jlm, COURT STAFF). (Entered: 11/24/2009)
2009-12-01	34	CLERKS NOTICE: Continuing Case Management Conference to 12/15/2009 at 01:00 PM in Courtroom 1, 4th Floor, Oakland and Motion Hearing to 12/15/2009 at 01:00 PM in Courtroom 1, 4th Floor, Oakland. (lrc, COURT STAFF) (Filed on 12/1/2009) Modified on 12/3/2009 (jlm, COURT STAFF). (Entered: 12/01/2009)
2009-12-11	35	CLERKS NOTICE: Continuing Motion Hearing to 1/12/2010 at 01:00 PM and Case Management Conference to 1/12/2010 at 01:00 PM. (lrc, COURT STAFF) (Filed on 12/11/2009) Modified on 12/15/2009 (jlm, COURT STAFF). (Entered: 12/11/2009)
2009-12-15	36	Minute Entry: Motion Hearing held on 12/15/2009 before Judge Saundra Brown Armstrong (Date Filed: 12/15/2009). (Court Reporter: Diane Skillman.) (lrc, COURT STAFF) (Date Filed: 12/15/2009) Modified on 12/16/2009 (jlm, COURT STAFF). (Entered: 12/15/2009)
2009-12-17	37	STIPULATION and Proposed Order re 36 Motion, 13 Motion for Partial Summary Judgment, 26 Motion to Stay filed, by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence, Electronic Frontier Foundation. (McElvain, Joel) (Filed on 12/17/2009) Modified on 12/18/2009 (jlm, COURT STAFF). (Entered: 12/17/2009)
2009-12-21	38	STIPULATION AND ORDER by Judge Saundra Brown Armstrong GRANTING IN PART 13 Motion for Partial Summary Judgment, GRANTING 26 Motion to Stay. Defendants shall file status reports every 120 days from the date of this Order. Signed by Judge Saundra Brown Armstrong, on 12/21/09. (lrc, COURT STAFF) (Filed on 12/21/2009) Modified on 12/23/2009 (jlm, COURT STAFF). Modified on 12/23/2009 (jlm, COURT STAFF). (Entered: 12/21/2009)
2010-01-12		***Deadlines terminated. (jlm, COURT STAFF) (Filed on 1/12/2010) (Entered: 02/02/2010)
2010-02-01	39	STIPULATION as to Schedule for Processing by DOD and DIA, filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence, Electronic Frontier Foundation. (Attachments: # 1 Affidavit Declaration of Joel McElvain)(McElvain, Joel) (Filed on 2/1/2010) Modified on 2/2/2010 (jlm, COURT STAFF). (Entered: 02/01/2010)
2010-02-12	40	STIPULATION and Proposed Order re production of all records determined to be responsive and not exempt from disclosure, filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence, Eletronic Frontier Foundation. (Attachments: # 1 Affidavit Declaration of Joel McElvain)(McElvain, Joel) (Filed on 2/12/2010) Modified on 2/16/2010 (jlm, COURT STAFF). (Entered: 02/12/2010)
2010-02-18	41	NOTICE of Change of Address, filed by Department of Justice, Department of State, National Security Agency, Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Office of the Director of National Intelligence, filed (McElvain, Joel) (Filed on 2/18/2010) Modified on 2/19/2010 (jlm, COURT STAFF). (Entered: 02/18/2010)
2010-04-20	42	NOTICE of Substitution of Counsel, filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence (Freeny, Kyle) (Filed on 4/20/2010) Modified on 4/21/2010 (jlm, COURT STAFF). (Entered: 04/20/2010)
2010-04-20	43	STATUS REPORT, filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence (Attachments: # 1 Affidavit Declaration of Dennis J. Argall)(Freeny, Kyle) (Filed on 4/20/2010) Modified on 4/21/2010 (jlm, COURT STAFF). (Entered: 04/20/2010)
2010-04-26	44	SECOND STATUS REPORT by Department of Justice, Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of State, National Security Agency, Office of the Director of National Intelligence. (Freeny, Kyle) (Filed on 4/26/2010) Modified on 4/27/2010 (jlm, COURT STAFF). (Entered: 04/26/2010)
2010-05-05	45	NOTICE of Corrected Status Report re 43 Status Report, filed by Department of Justice, Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of State, National Security Agency, Office of the Director of National Intelligence. (Attachments: # 1 Affidavit Second Declaration of Dennis J. Argall)(Freeny, Kyle) (Filed on 5/5/2010) Modified on 5/6/2010 (jlm, COURT STAFF). (Entered: 05/05/2010)
2010-05-14	46	NOTICE of Withdrawal of Nathan D. Cardoza as Counsel, filed by Electronic Frontier Foundation (Hofmann, Marcia) (Filed on 5/14/2010) Modified on 5/17/2010 (jlm, COURT STAFF). (Entered: 05/14/2010)
2010-06-15	47	STIPULATION and Proposed Order re processing of records by Department of Justice. (Attachments: # 1 Affidavit Declaration of Kyle R. Freeny)(Freeny, Kyle) (Filed on 6/15/2010) Modified on 6/16/2010 (vlk, COURT STAFF). (Entered: 06/15/2010)
2010-06-17	48	STATUS REPORT filed by Department of Justice, Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of State, National Security Agency, Office of the Director of National Intelligence. (Freeny, Kyle) (Filed on 6/17/2010) Modified on 7/19/2010 (jlm, COURT STAFF). (Entered: 06/17/2010)
2010-07-16	49	STATUS REPORT filed by Department of Justice, Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of State, National Security Agency, Office of the Director of National Intelligence. (Freeny, Kyle) (Filed on 7/16/2010) Modified on 7/19/2010 (jlm, COURT STAFF). Modified on 7/19/2010 (jlm, COURT STAFF). (Entered: 07/16/2010)
2010-08-06	50	STIPULATION and Proposed Order re processing of records by Department of Justice. (Attachments: # 1 Affidavit Declaration of Kyle R. Freeny)(Freeny, Kyle) (Filed on 8/6/2010) Modified on 8/9/2010 (kc, COURT STAFF). (Entered: 08/06/2010)
2010-08-16	51	STATUS REPORT by Department of Justice. (Freeny, Kyle) (Filed on 8/16/2010) (Entered: 08/16/2010)
2010-08-31	52	NOTICE of Appearance of Jennifer Ann Lynch as Counsel, filed by Electronic Frontier Foundation (Lynch, Jennifer) (Filed on 8/31/2010) Modified on 9/1/2010 (jlm, COURT STAFF). (Entered: 08/31/2010)
2010-10-13	53	STATUS REPORT by Department of Justice. (Freeny, Kyle) (Filed on 10/13/2010) (Entered: 10/13/2010)
2011-03-18	54	STIPULATION of Dismissal with Proposed Order, filed by Electronic Frontier Foundation, Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence. (Lynch, Jennifer) (Filed on 3/18/2011) Modified on 3/21/2011 (jlm, COURT STAFF). (Entered: 03/18/2011)
2011-03-29	55	STIPULATION AND ORDER OF DISMISSAL with Prejudice as to Defendants Department of Energy, Department of State and Office of the Attorney General, with each party bearing its own fees and costs. Signed by Judge Saundra Brown Armstrong, on 3/28/11. (lrc, COURT STAFF) (Filed on 3/29/2011) Modified on 3/30/2011 (jlm, COURT STAFF). Modified on 3/30/2011 (jlm, COURT STAFF). (Entered: 03/29/2011)
2011-05-13	56	NOTICE of Substitution of Counsel, filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Sercurity Agency, Office of the Director of National Intelligence, (McElvain, Joel) (Filed on 5/13/2011) Modified on 5/16/2011 (jlm, COURT STAFF). (Entered: 05/13/2011)
2011-05-13	57	STIPULATION and Proposed Order, filed by Central Intelligence Agency, Department of Defense, Department of Homeland Security, National Security Agency, Office of the Director of National Intelligence, Electronic Frontier Foundation. (McElvain, Joel) (Filed on 5/13/2011) Modified on 5/16/2011 (jlm, COURT STAFF). (Entered: 05/13/2011)
2011-07-29	58	STIPULATION of Dismissal with Respect to Defendant CIA and Proposed Order, filed by Central Intelligence Agency, Department of Defense, Department of Homeland Security, Department of Justice, National Security Agency, Office of the Director of National Intelligence, Electronic Frontier Foundation. (McElvain, Joel) (Filed on 7/29/2011) Modified on 8/1/2011 (jlm, COURT STAFF). (Entered: 07/29/2011)
2011-09-30	59	STIPULATION and Proposed Order, filed by Department of Defense, Department of Homeland Security, Department of Justice, National Security Agency, Office of the Director of National Intelligence, Electronic Frontier Foundation. (McElvain, Joel) (Filed on 9/30/2011) Modified on 10/3/2011 (jlm, COURT STAFF). (Entered: 09/30/2011)
2011-10-20	60	STIPULATION and Proposed Order, filed by Department of Defense, Department of Homeland Security, Department of Justice, National Security Agency, Office of the Director of National Intelligence, Electronic Frontier Foundation. (McElvain, Joel) (Filed on 10/20/2011) Modified on 10/21/2011 (jlm, COURT STAFF). (Entered: 10/20/2011)
2011-11-04	61	STIPULATION and Proposed Order, filed by Department of Defense, Department of Homeland Security, Department of Justice, National Security Agency, Office of the Director of National Intelligence, Electronic Frontier Foundation. (McElvain, Joel) (Filed on 11/4/2011) Modified on 11/7/2011 (jlm, COURT STAFF). (Entered: 11/04/2011)
2011-11-18	62	STIPULATION and Proposed Order, filed by Department of Defense, Department of Homeland Security, Department of Justice, National Security Agency, Office of the Director of National Intelligence, Electronic Frontier Foundation. (McElvain, Joel) (Filed on 11/18/2011) Modified on 11/21/2011 (jlm, COURT STAFF). (Entered: 11/18/2011)
2011-11-21	63	MOTION for Summary Judgment filed by Department of Defense, Department of Homeland Security, Department of Justice, National Security Agency, Office of the Director of National Intelligence. Motion Hearing set for 3/27/2012 01:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Saundra Brown Armstrong. Responses due by 12/20/2011. Replies due by 1/10/2012. (Attachments: # 1 Declaration Declaration of Margaret Baines, # 2 Exhibit Declaration of Margaret Baines - Exhibit A, # 3 Declaration Declaration of Andrew Fausett, # 4 Exhibit Declaration of Andrew Fausett - Exhibit A, # 5 Declaration Declaration of John Hackett (part 1 of 2), # 6 Declaration Declaration of John Hackett (part 2 of 2), # 7 Exhibit Declaratin of John Hackett - Exhibit A, # 8 Exhibit Declaration of John Hackett - Exhibit B, # 9 Exhibit Declaration of John Hackett - Exhibit C (part 1 of 2), # 10 Exhibit Declaration of John Hackett - Exhibit C (part 2 of 2), # 11 Exhibit Declaration of John Hackett - Exhibitss D-I, # 12 Exhibit Declaratin of John Hackett - Exhibit J, # 13 Declaration Declaration of David Hardy, # 14 Exhibit Declaration of David Hardy - Exhibits, # 15 Declaration Declaration of Caryn Hargrave, # 16 Exhibit Declaration of Caryn Hargrave - Exhibit A, # 17 Proposed Order)(McElvain, Joel) (Filed on 11/21/2011) (Entered: 11/21/2011)
2011-12-15	64	MOTION for Leave to File Excess Pages for Plaintiffs combined Cross-Motion for Summary Judgment and Opposition to Defendants Motion for Summary Judgment and Defendants combined Reply and Opposition to Plaintiffs Cross-Motion, filed by Electronic Frontier Foundation. (Attachments: # 1 Proposed Order)(Lynch, Jennifer) (Filed on 12/15/2011) Modified on 12/16/2011 (jlm, COURT STAFF). (Entered: 12/15/2011)
2011-12-20	65	***FILED IN ERROR. REFER TO DOCUMENT 66 *** MOTION for Summary Judgment filed by Electronic Frontier Foundation. Motion Hearing set for 3/27/2012 01:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Saundra Brown Armstrong. Responses due by 1/3/2012. Replies due by 1/10/2012. (Attachments: # 1 Declaration of Jennifer Lynch, # 2 Exhibit 1-3, # 3 Exhibit 4-13, # 4 Exhibit 14-18, # 5 Exhibit 19-24, # 6 Proposed Order)(Lynch, Jennifer) (Filed on 12/20/2011) Modified on 12/21/2011 (feriab, COURT STAFF). Modified on 1/11/2012 (jlm, COURT STAFF). (Entered: 12/20/2011)
2011-12-21	66	***DOCUMENT HAS BEEN STRICKEN FROM THE RECORD BY ORDER OF THE COURT, PLEASE SEE DOCUMENT NO. 75 *** Cross MOTION for Summary Judgment; and Memorandum in Opposition to Defendant's Motion for Summary Judgment [CORRECTION OF DOCUMENT NO. 65 ], filed by Electronic Frontier Foundation. Motion Hearing set for 3/27/2012 01:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Saundra Brown Armstrong. Responses due by 1/10/2012. Replies due by 1/24/2012. (Attachments: # 1 Declaration of Jennifer Lynch, # 2 Exhibit 1-3, # 3 Exhibit 4-13, # 4 Exhibit 14-18, # 5 Exhibit 19-24, # 6 Proposed Order)(Lynch, Jennifer) (Filed on 12/21/2011) Modified on 12/22/2011 (jlm, COURT STAFF). Modified on 4/4/2012 (jlm, COURT STAFF). (Entered: 12/21/2011)
2012-01-10	67	***DOCUMENT HAS BEEN STRICKEN FROM THE RECORD BY ORDER OF THE COURT, PLEASE SEE DOCUMENT NO. 75 *** Reply Memorandum re 63 Motion for Summary Judgment, filed by Department of Defense, Department of Homeland Security, Department of Justice, National Security Agency, Office of the Director of National Intelligence. (McElvain, Joel) (Filed on 1/10/2012) Modified on 1/11/2012 (jlm, COURT STAFF). Modified on 4/4/2012 (jlm, COURT STAFF). (Entered: 01/10/2012)
2012-01-10	68	***DOCUMENT HAS BEEN STRICKEN FROM THE RECORD BY ORDER OF THE COURT, PLEASE SEE DOCUMENT NO. 75 *** Reply Memorandum re 63 Motion for Summary Judgment, and Memorandum in Opposition to 66 Cross Motion for Summary Judgment, filed by Department of Defense, Department of Homeland Security, Department of Justice, National Security Agency, Office of the Director of National Intelligence. (McElvain, Joel) (Filed on 1/10/2012) Modified on 1/11/2012 (jlm, COURT STAFF). Modified on 4/4/2012 (jlm, COURT STAFF). (Entered: 01/10/2012)
2012-01-18	69	STIPULATION and Proposed Order to Continue Date for Filing Reply and Hearing Date re 63 Motion for Summary Judgment, 66 Cross MotionN for Summary Judgment, filed by Electronic Frontier Foundation. (Attachments: # 1 Declaration of Jennifer Lynch)(Lynch, Jennifer) (Filed on 1/18/2012) Modified on 1/19/2012 (jlm, COURT STAFF). (Entered: 01/18/2012)
2012-01-23	70	STIPULATION AND ORDER to Continue Date for Filing Reply and Hearing Date as to 64 Motion for Leave to File Excess Pages for Plaintiffs combined Cross-Motion for Summary Judgment and Opposition to Defendants Motion for Summary Judgment and Defendants combined Reply and Opposition to Plaintiffs Cross-Motion, 63 Motion for Summary Judgment, 66 Cross Motion for Summary Judgment and Memorandum in Opposition. Replies due by 2/7/2012. Motion Hearing set for 4/3/2012 01:00 PM before Hon. Saundra Brown Armstrong. Signed by Judge Saundra Brown Armstrong, on 1/23/12. (lrc, COURT STAFF) (Filed on 1/23/2012) Modified on 1/24/2012 (jlm, COURT STAFF). (Entered: 01/23/2012)
2012-01-23		Set/Reset Deadlines as to 63 MOTION for Summary Judgment, 66 Cross MOTION for Summary Judgment and Memorandum in Opposition. Motion Hearing set for 4/3/2012 01:00 PM before Hon. Saundra Brown Armstrong. (lrc, COURT STAFF) (Filed on 1/23/2012) (Entered: 03/14/2012)
2012-01-24	71	NOTICE of Entry Appearance of Mark Thomas Rumold, filed by Electronic Frontier Foundation (Rumold, Mark) (Filed on 1/24/2012) Modified on 1/25/2012 (jlm, COURT STAFF). (Entered: 01/24/2012)
2012-01-24	72	NOTICE of Change In Counsel (removing Marcia Hofmann), filed by Electronic Frontier Foundation (Lynch, Jennifer) (Filed on 1/24/2012) Modified on 1/25/2012 (jlm, COURT STAFF). (Entered: 01/24/2012)
2012-02-07	73	Reply Memorandum re 66 Cross Motion for Summary Judgment and Memorandum in Opposition filed by Electronic Frontier Foundation. (Lynch, Jennifer) (Filed on 2/7/2012) Modified on 2/8/2012 (jlm, COURT STAFF). (Entered: 02/07/2012)
2012-02-07	74	Declaration of Mark Rumold in Support of 73 Reply Memorandum filed by Electronic Frontier Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 Part 1, # 3 Exhibit 2 Part 2, # 4 Exhibit 2 Part 3)(Related document(s) 73 ) (Rumold, Mark) (Filed on 2/7/2012) Modified on 2/8/2012 (jlm, COURT STAFF). Modified on 4/12/2012 (jlm, COURT STAFF). (Entered: 02/07/2012)
2012-04-03	75	ORDER by Judge Saundra Brown Armstrong DENYING 64 Motion for Leave to File Excess Pages; STRIKING 66 Cross-Motion for Summary Judgment, 67 Reply Memorandum, 68 Reply Memorandum. Plaintiff's Cross-Motion for Summary Judgment due by 04/13/12; Defendants Reply due by 04/27/12. (lrc, COURT STAFF) (Filed on 4/3/2012) Modified on 4/4/2012 (jlm, COURT STAFF). (Entered: 04/03/2012)
2012-04-03		Set Deadlines/Hearings:, Set/Reset Deadlines as to 75 Cross Motions due by 4/13/2012. Responses due by 4/13/2012. Replies due by 4/27/2012. (jlm, COURT STAFF) (Filed on 4/3/2012) (Entered: 04/04/2012)
2012-04-11	76	Cross-MOTION for Summary Judgment and Memorandum in Opposition to 63 Motion for Summary Judgment, filed by Electronic Frontier Foundation. Motion Hearing set for 3/27/2012 01:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Saundra Brown Armstrong. Responses due by 4/27/2012. (Attachments: # 1 Declaration of Jennifer Lynch, # 2 Exhibit 1-3, # 3 Exhibit 4-13, # 4 Exhibit 14-18, # 5 Exhibit 19-24, # 6 Proposed Order)(Lynch, Jennifer) (Filed on 4/11/2012) Modified on 4/12/2012 (jlm, COURT STAFF). Modified on 4/12/2012 (jlm, COURT STAFF). (Entered: 04/11/2012)
2012-04-20	77	Reply Memorandum re 63 Motion for Summary Judgment, 76 Cross Motion for Summary Judgment filed by Department of Defense, Department of Homeland Security, Department of Justice, National Security Agency, Office of the Director of National Intelligence. (McElvain, Joel) (Filed on 4/20/2012) Modified on 4/23/2012 (jlm, COURT STAFF). (Entered: 04/20/2012)
2012-08-21	78	NOTICE re Submitted Matters Pursuant to Civ. L.R. 7-13 re 76 Cross Motions for Summary Judgment, filed by Electronic Frontier Foundation (Lynch, Jennifer) (Filed on 8/21/2012) Modified on 8/22/2012 (jlm, COURT STAFF). Modified on 8/22/2012 (jlm, COURT STAFF). (Entered: 08/21/2012)
2013-04-06	79	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)
2013-06-13	80	NOTICE re 76 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment Submitted in Response to Court Order (Dkt. No. 75). Notice of Submitted Matter per LR 7-13 by Electronic Frontier Foundation. (Lynch, Jennifer) (Filed on 6/13/2013) Modified on 6/14/2013 (cjl, COURT STAFF). (Entered: 06/13/2013)
2013-09-30	81	ORDER by Judge Saundra Brown Armstrong. (granting in part and denying in part 63 Motion for Summary Judgment; denying 76 Motion for Summary Judgment). (ndr, COURT STAFF) (Filed on 9/30/2013) (Entered: 09/30/2013)
2013-11-19	82	NOTICE of Substitution of Counsel as to Kathryn Celia Davis, in place of Joel McElvain, filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence (Davis, Kathryn) (Filed on 11/19/2013) Modified on 11/20/2013 (jlmS, COURT STAFF). (Entered: 11/19/2013)
2013-11-19	83	STIPULATION WITH PROPOSED ORDER re Production of Records or Supplemental Materials, filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence, Electronic Frontier Foundation. (Attachments: # 1 Affidavit Kathryn C. Davis)(Davis, Kathryn) (Filed on 11/19/2013) Modified on 11/20/2013 (jlmS, COURT STAFF). (Entered: 11/19/2013)
2013-11-20	84	ORDER by Judge Saundra Brown Armstrong Granting 83 Stipulation re Production of Records or Supplemental Materials (ndr, COURT STAFF) (Filed on 11/20/2013) (Entered: 11/20/2013)
2014-02-14	85	STIPULATION WITH PROPOSED ORDER re Production of Records or Supplemental Materials, filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence, Electronic Frontier Foundation. (Attachments: # 1 Affidavit Kathryn C. Davis)(Davis, Kathryn) (Filed on 2/14/2014) Modified on 2/18/2014 (jlmS, COURT STAFF). (Entered: 02/14/2014)
2014-02-19	86	ORDER by Judge Saundra Brown Armstrong Granting 85 Stipulation (ndr, COURT STAFF) (Filed on 2/19/2014) (Entered: 02/19/2014)
2014-03-20	87	STIPULATION WITH PROPOSED ORDER re Production of Records or Supplemental Materials filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence, Electronic Frontier Foundation. (Attachments: # 1 Affidavit of Kathryn C. Davis)(Davis, Kathryn) (Filed on 3/20/2014) Modified on 3/21/2014 (jlmS, COURT STAFF). (Entered: 03/20/2014)
2014-03-21	88	ORDER by Judge Saundra Brown Armstrong Granting 87 Stipulation. (ndr, COURT STAFF) (Filed on 3/21/2014) (Entered: 03/21/2014)
2014-05-05	89	STIPULATION WITH PROPOSED ORDER for Enlargement of Time to Respond to Order on Parties' Cross Motions for Summary Judgment filed by Electronic Frontier Foundation, Office of the Director of National Intelligence. (Attachments: # 1 Declaration of Jennifer Lynch)(Lynch, Jennifer) (Filed on 5/5/2014) Modified on 5/6/2014 (jlmS, COURT STAFF). (Entered: 05/05/2014)
2014-05-06	90	ORDER by Judge Saundra Brown Armstrong Granting 89 Stipulation for Enlargement of Time to Respond to Order on Parties' Cross Motions for Summary Judgment. (ndr, COURT STAFF) (Filed on 5/6/2014) (Entered: 05/06/2014)
2014-05-28	91	NOTICE of Substitution of Counsel: That Michelle Renee Bennett will take the place of Kathryn C. Davis, filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of Naitional Intelligence (Bennett, Michelle) (Filed on 5/28/2014) Modified on 5/29/2014 (jlmS, COURT STAFF). (Entered: 05/28/2014)
2014-06-05	92	STIPULATION WITH PROPOSED ORDER for Enlargement of Time re 90 Order on Stipulation, filed by Central Intelligence Agency, Department of Defense, Department of Energy, Department of Homeland Security, Department of Justice, Department of State, National Security Agency, Office of the Director of National Intelligence, Electronic Frontier Foundation. (Attachments: # 1 Declaration of Michelle R. Bennett)(Bennett, Michelle) (Filed on 6/5/2014) Modified on 6/6/2014 (jlmS, COURT STAFF). (Entered: 06/05/2014)
2014-06-09	93	ORDER by Judge Saundra Brown Armstrong Granting 92 Stipulation for Enlargement of Time re 90 Order on Stipulation. (ndr, COURT STAFF) (Filed on 6/9/2014) (Entered: 06/09/2014)
2014-07-10	94	STIPULATION WITH PROPOSED ORDER Staying Proceedings, filed by Electronic Frontier Foundation, Office of the Director of National Intelligence. (Lynch, Jennifer) (Filed on 7/10/2014) Modified on 7/11/2014 (jlmS, COURT STAFF). (Entered: 07/10/2014)
2014-07-10	95	ORDER ( 94 STIPULATION Staying Proceedings terminated). ***Civil Case Terminated.*** Signed by Judge Saundra Brown Armstrong on 7/10/2014. (ndr, COURT STAFF) (Filed on 7/10/2014) (Entered: 07/10/2014)
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