Case Detail

FOIA Project Annotation: After previously telling the Transportation Security Administration to provide more substantiation for its claims that documents related to its air transit security programs were exempt, a federal court in California has found that most of the TSA records were protected as sensitive security information. District Court Judge Charles Breyer ruled that the majority of records held by the TSA and the FBI, including information about the "No Fly" list, were protected by various exemptions. He also made some very interesting findings concerning the privacy rights of federal employees in both law enforcement and non-law enforcement agencies. The case was brought by several activists in California who were told they could not fly because they were on the "No Fly" list. With the help of the ACLU, they brought suit an FOIA suit against the government. In a decision earlier this year, Breyer indicated the TSA had not made it case for claiming the sensitive security information exemption, but this time around it was only plaintiffs Rebecca Gordon and Janet Adams who challenged the adequacy of the agency's explanations. Breyer agreed that most of the information qualified as SSI and noted that "the TSA could not reveal any more than it has without revealing the ssi itself. Moreover, the Court has reviewed in camera all of the redacted ssi and has determined that all of it is properly withheld. Plaintiffs also generally complain that the TSA has not clarified that is has segregated non-ssi from ssi. Again, the Court has reviewed each of the ssi redactions in camera and has determined that each is properly asserted." The FBI had withheld records pertaining to the "No-Fly" list under Exemption 2 (internal practices and procedures) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Gordon and Adams argued that some of the records did not pertain to a criminal investigation but were more akin to internal audits. Breyer disagreed, indicating that "plaintiffs read the 'law enforcement purpose' requirement too narrowly. . .The redacted memoranda and emails discuss issues that have arisen about the watch lists. These memoranda and emails were created for a law enforcement purpose; namely, maintenance of various watch lists to protect the American flying public from terrorism. It is not too difficult to believe that if this information was publicly disclosed, potential terrorists would use the information to circumvent the watch lists." Breyer than observed that the public interest in the documents did not factor into whether or not they were protected under Exemption 2. Rather, he pointed out, "the only issue for the Court is whether disclosing the information would assist terrorists in circumventing the purpose of the watch lists; if so, the information is exempt from disclosure regardless of the public interest in the material." Breyer found that almost all the information was protected, including whether the plaintiffs were actually on a watch list. He noted that "requiring the government to reveal whether a particular person is on the watch lists would enable criminal organizations to circumvent the purpose of the watch lists by determining in advance which of their members may be questioned." Both the TSA and the FBI claimed documents were covered by Exemption 5 (deliberative process privilege). The plaintiffs argued that TSA documents were not predecisional because they often related to an existing regulation. Breyer said they were viewing the privilege too narrowly and pointed out that "that an agency is 'deliberating' on whether or how to change an existing policy, as opposed to deliberating on whether to adopt an entirely new policy, does not mean the deliberations fall outside the privilege." On several documents, Breyer found the FBI had not adequately supported its Exemption 5 claims. On one such record he noted that "the FBI claims that the attorney-client privilege applies to document no. 240, but no attorney is a party to the email and the FBI gives no explanation as to how the privilege applies. Its 'evidence' of the deliberative process privilege is also inadequate." Breyer's most interesting interpretation came on the matter of whether names of agency employees are protected by Exemption 6 (invasion of privacy) or even Exemption 7(C), which has a lower threshold for coverage. In the years since the Reporters Committee decision, courts have largely considered most personally identifying information to be protected and have been much more concerned about the lack of any public interest in disclosure than they have been about whether names alone actually qualify under either of the privacy exemptions. The TSA had done what most other agencies would have done under the circumstances �" disclosed the names of high-level officials and redacted the names of lower-level employees. Breyer disagreed, noting that "the TSA still has not demonstrated that an employee's name alone makes a document a personnel, medical, or 'similar' file. If 'similar file' is interpreted as broadly as the TSA urges, the 'personnel, medical or similar file' condition is surplusage; Congress could have simply exempted the disclosure of any document that would constitute an unwarranted invasion of privacy." He continued: "Nor has the TSA met its burden of showing that revealing the names of TSA employees that appear on otherwise disclosable documents would 'constitute an unwarranted invasion of personal privacy.' It offers no evidence to support its speculation that the employees are likely to be harassed if their names are released. This evidentiary omission is especially glaring in light of the TSA's disclosure of the names of 'higher level' employees more than six months ago; it offers no evidence that these officials have been 'harassed' as a consequence of the disclosure." Breyer rejected the cases cited by TSA, indicating that they dealt with names and addresses, not names alone. Turning to the public interest, he observed that "revealing the names of government employees who are making important government policy serves FOIA's core purpose of contributing to the public's understanding of how its government operates. Knowing who is making government policy with respect to the watch lists is relevant to understanding how the government operates." Breyer said the same analysis applied to airline employees involved in policy making issues. But he noted that the names of third parties who had complained about the operation of the watch list were protected since disclosure of their identities would not shed light on government operations. Breyer found the FBI had a closer case with Exemption 7(C), but he still found that names of government and airline employees should be disclosed. He pointed out that "the FOIA-recognized public interest in knowing how its government operates is somewhat facilitated by disclosing the names of certain agents involved with the watch lists. . . Many of the documents are authored by or contain the name of a special agent who, the documents reveal, was intimately involved in the administration of the watch lists." He indicated that "it is beyond peradventure that the public has a strong interest in understanding the government's administration of the watch lists. Every day our government's implementation of the watch lists delays members of the flying public for minutes or even hours because their names matched or were similar to a name on one of the lists. The public thus has a right to know, and to demand, that the lists are being administered as competently as possible so as to minimize the number of 'false positives.' 'Who' at the FBI is coordinating the watch lists reveals something about what the FBI 'is up to,' at least with respect to those officials who have policy-making and implementation positions." Breyer rejected the claim that disclosure would lead to unwanted press scrutiny and harassment, noting that "the FBI need not reveal telephone numbers, email addresses, or other contact information that would enable the media or public to contact the officials directly. Thus, it is not reasonably expected that revealing their names will engender an avalanche of inquiries to these officials." He agreed, however, that "common sense dictates that revealing the names of officials intimately involved with the distribution, implementation and maintenance of watch lists could reasonably be expected to make these officials targets of those who want access to the lists or non-public information about the lists. This privacy interest outweighs the minimal public interest in learning the names of these officials, especially since plaintiffs have not identified any public interest in learning whether any specific person is or is not involved with the lists."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 6 - Invasion of privacy, Exemption 2 - Risk of circumvention

Date Filed	Doc #	Docket Text
2003-04-22	1	COMPLAINT /issued summons against Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice (Filing fee $150 receipt number 3346566). Filed by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (ga, ) Additional attachment(s) added on 5/14/2003 (mcl, ). (Entered: 04/25/2003)
2003-04-22	2	CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 7/24/2003 at 10:00 AM.. Signed by Judge Maria-Elena James on 4/22/03. (ga, ) (Entered: 04/25/2003)
2003-04-22		CASE DESIGNATED for Electronic Filing. (ga, ) (Entered: 04/25/2003)
2003-04-22	3	Certificate of Interested Entities by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (ga, ) Additional attachment(s) added on 5/14/2003 (mcl, ). (Entered: 04/25/2003)
2003-04-22	4	NOTICE of Related Case 02-2665 CRB by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (ga, ) Additional attachment(s) added on 5/14/2003 (mcl, ). (Entered: 04/25/2003)
2003-05-05	5	RESPONSE to re 4 Defendants' Opposition to Plaintiffs' Notice of Related Case by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (Attachments: # 1 Exhibit Attachment A: Amended Complaint, Chowdhury v. Northwest Airlines Corporation, Case No. C 02-2665 CRB (N.D. Cal.))(LoBue, Joseph) (Entered: 05/05/2003)
2003-05-05	6	Declination to Proceed Before a U.S. Magistrate Judge by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (LoBue, Joseph) (Entered: 05/05/2003)
2003-05-05	7	ORDER RELATING CASE C03-1779 to lead case C02-2665 Case reassigned to Judge Charles R. Breyer for all further proceedings. Judge Maria-Elena James no longer assigned to case. All matter presently scheduled for hearing in the reassigned case are vacated and must be renoticed for hearing before the undersigned. Signed by Judge Charles R. Breyer on 05/05/03. (be, ) (Entered: 05/05/2003)
2003-05-06	8	ORDER Impending Reassignment . Signed by Judge James on 5-6-03. (bjt, ) (Entered: 05/06/2003)
2003-05-07	9	ORDER by Judge Breyer relating cases C-03-1779 MEJ and C-02-2665 CRB. Mag. Judge James no longer assigned to case. Case reassigned to Judge Breyer for all further proceedings.Signed by Judge Breyer on 5/5/03. (mcl, ) (Entered: 05/14/2003)
2003-05-16	10	ORDER directing response to opposition to notice of related case.. Signed by Judge Charles R. Breyer on May 15, 2003. (crblc1, ) (Entered: 05/16/2003)
2003-05-23	11	Reply to Opposition to Notice of Related Case filed by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (Srikantiah, Jayashri) (Entered: 05/23/2003)
2003-05-23	12	Defendants' ANSWER to Complaint by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (LoBue, Joseph) (Entered: 05/23/2003)
2003-06-02	13	ORDER re: related case order.Signed by Judge Charles R. Breyer on May 30, 2003. (crblc1, ) (Entered: 06/02/2003)
2003-06-24	14	CLERK'S NOTICE Case Management Conference set for 7/25/2003 at 08:30 AM. Case Management Statement due by 7/18/2003. (be, ) (Entered: 06/24/2003)
2003-07-01	15	NOTICE of Standing Order for Charles R. Breyer US District Judge by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (Burke, Thomas) (Entered: 07/01/2003)
2003-07-18	16	JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER filed by American Civil Liberties Union Foundation of Northern Califonria. (Srikantiah, Jayashri) (Entered: 07/18/2003)
2003-07-25	17	Minute Entry: Initial Case Management Conference held on 7/25/2003 before Charles R. Breyer. (Court Reporter N/A.) (be, ) (Entered: 07/28/2003)
2003-07-25		Set/Reset Hearings: Motion Hearing set for 11/21/2003 10:00 AM. (be, ) (Entered: 07/28/2003)
2003-08-12	18	CERTIFICATE/PROOF OF SERVICE by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon re Service of Summons, Complaint & Initial Papers (Burke, Thomas) (Entered: 08/12/2003)
2003-09-26	19	JOINT CASE MANAGEMENT STATEMENT Further Joint Case Management Conference Statement filed by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (Burke, Thomas) (Entered: 09/26/2003)
2003-11-21	20	Minute Entry: Further Case Management Conference held on 11/21/2003 before Charles R. Breyer (Date Filed: 11/21/2003). Further Case Management Conference set for 11/24/2003 10:30 AM. (Court Reporter not reported.) (nah, COURT STAFF) (Date Filed: 11/21/2003) (Entered: 11/21/2003)
2003-11-24	21	AFFIDAVIT re 20 Case Management Conference - Further,, Set Hearings, Declaration of Thomas R. Burke in re 11/24/03 CMC by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (Burke, Thomas) (Filed on 11/24/2003) (Entered: 11/24/2003)
2003-11-25	22	Minute Entry: Status Conference (Date Filed: 11/25/2003). (Court Reporter N/A.) (be, COURT STAFF) (Date Filed: 11/25/2003) (Entered: 11/25/2003)
2003-11-26	23	STIPULATION & Order re Further "Meet & Confer" re Documents Produced by FBI & TSA & Briefing Schedule by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (Burke, Thomas) (Filed on 11/26/2003) (Entered: 11/26/2003)
2003-12-02	24	ORDER re further meet and confer regarding documents produced by defendants FBA and TSA and Briefing Schedule. Signed by Judge Charles R. Breyer on 12/02/03. (be, COURT STAFF) (Filed on 12/2/2003) (Entered: 12/02/2003)
2003-12-02		Set/Reset Deadlines as to, Set/Reset Deadlines: Motion for summary judgment filed by 1/16/2004. Responses due by 2/17/2004. Replies due by 3/3/2004. Motion Hearing set for 4/9/2004 10:00 AM. (be, COURT STAFF) (Filed on 12/2/2003) (Entered: 12/02/2003)
2004-01-12	25	Ex Parte Application for Enlargement of Time filed by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (Attachments: # 1 Affidavit Declaration of Joseph W. LoBue# 2 Proposed Order)(LoBue, Joseph) (Filed on 1/12/2004) (Entered: 01/12/2004)
2004-01-13	26	ORDER by Judge Charles R. Breyer granting 25 Ex Parte Application. Defendants' motion is due Jan. 23, plaintiffs' opposition is due Feb. 24, and defendants' reply is due March 10. The hearing shall remain April 9. (crblc1, COURT STAFF) (Filed on 1/13/2004) (Entered: 01/13/2004)
2004-01-15	27	*** FILED IN ERROR. PLEASE SEE DOCKET # 28 *** MOTION to Amend/Correct 26 Order on Ex Parte Application, Letter request for clarification of Order filed by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (Burke, Thomas) (Filed on 1/15/2004) Modified on 1/16/2004 (br, COURT STAFF). (Entered: 01/15/2004)
2004-01-15	28	ERRATA re 26 Letter request for clarification of Order by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (Burke, Thomas) (Filed on 1/15/2004) (Entered: 01/15/2004)
2004-01-16	29	ORDER. Signed by Judge Charles R. Breyer on January 16, 2004. (crblc1, COURT STAFF) (Filed on 1/16/2004) (Entered: 01/16/2004)
2004-01-23	30	MOTION for Summary Judgment filed by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. Motion Hearing set for 4/9/2004 10:00 AM. (Attachments: # 1 Proposed Order # 2 Affidavit Declaration of Marilyn A. Dorn# 3 Affidavit Declaration of Margaret P. Grafeld)(LoBue, Joseph) (Filed on 1/23/2004) (Entered: 01/23/2004)
2004-01-23	31	AFFIDAVIT re 30 MOTION for Summary Judgment Declaration of Kenneth Klasinski by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (Attachments: # 1 Signature Page (Declarations/Stipulations))(LoBue, Joseph) (Filed on 1/23/2004) (Entered: 01/23/2004)
2004-01-23	32	AFFIDAVIT re 30 MOTION for Summary Judgment Declaration of Patricia Riep-Dice by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (Attachments: # 1 Signature Page (Declarations/Stipulations) Declaration of Patricia Riep-Dice# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C through G# 5 Exhibit H and I)(LoBue, Joseph) (Filed on 1/23/2004) *** EXHIBITS FILED IN ERROR. *** Modified on 1/26/2004 (br, COURT STAFF). (Entered: 01/23/2004)
2004-01-23	33	AFFIDAVIT re 30 MOTION for Summary Judgment Declaration of David M. Hardy by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (Attachments: # 1 Signature Page (Declarations/Stipulations) # 2 Exhibit A-1 to A-3# 3 Exhibit A-4 to A-11# 4 Exhibit A-12 to A-23# 5 Exhibit A-24 to A-34, and B)(LoBue, Joseph) (Filed on 1/23/2004) *** EXHIBITS FILED IN ERROR. *** Modified on 1/26/2004 (br, COURT STAFF). (Entered: 01/23/2004)
2004-01-23	34	AFFIDAVIT re 30 MOTION for Summary Judgment Declaration of Marilyn A. Dorn by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (LoBue, Joseph) (Filed on 1/23/2004) (Entered: 01/23/2004)
2004-01-23	38	NOTICE of Motion and MOTION for Summary Judgment filed by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. Motion Hearing set for 4/9/2004 10:00 AM. (mmt, COURT STAFF) (Filed on 1/23/2004) (Entered: 01/27/2004)
2004-01-26	35	NOTICE by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice re 33 Affidavit, of Filing Redacted Copies of Exhibits (Attachments: # 1 Exhibit Exhibits A-1 through A-3 to Declaration of David M. Hardy# 2 Exhibit A-4 through A-11 to Declaration of David M. Hardy)(LoBue, Joseph) (Filed on 1/26/2004) (Entered: 01/26/2004)
2004-01-26	36	NOTICE by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice re 32 Affidavit, of Filing Redacted Copies of Exhibits (Attachments: # 1 Exhibit A to Declaration of Patricia M. Riep-Dice# 2 Exhibit B to Declaration of Patricia M. Riep-Dice)(LoBue, Joseph) (Filed on 1/26/2004) (Entered: 01/26/2004)
2004-01-27	37	NOTICE by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice re 33 Affidavit, of Manual Filing of Exhibit B to Declaration of David M. Hardy (LoBue, Joseph) (Filed on 1/27/2004) (Entered: 01/27/2004)
2004-01-27	39	Notice of filing EXHIBITS re 33 Declaration of David M. Hardy filed by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (Related document(s) 33 ) (mmt, COURT STAFF) (Filed on 1/27/2004) (Entered: 01/29/2004)
2004-02-12	40	CLERK'S NOTICE re: Failure to E-File and/or Failure to Register as an E-Filer (mmt, COURT STAFF) (Filed on 2/12/2004) (Entered: 02/12/2004)
2004-02-24	41	Declaration of Thomas R. Burke in Support of Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment filed by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (Attachments: # 1 Exhibit D (Part 2)# 2 Exhibit E through F)(Burke, Thomas) (Filed on 2/24/2004) (Entered: 02/24/2004)
2004-02-24	42	Declaration of Jayashri Srikantiah in Support of Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment filed by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (Attachments: # 1 Exhibit C (Part 2)# 2 Exhibit D (Part 1)# 3 Exhibit D (Part 2)# 4 Exhibit E through L)(Burke, Thomas) (Filed on 2/24/2004) (Entered: 02/24/2004)
2004-02-24	43	NOTICE by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon of MANUAL FILING OF TWO NOTEBOOKS CONSISTING OF THE FBI AND TSA's DOCUMENTS AT ISSUE ORGANIZED BY EXEMPTIONS ASSERTED (Burke, Thomas) (Filed on 2/24/2004) (Entered: 02/24/2004)
2004-02-24	44	MOTION for Summary Judgment Notice of Motion and Motion for Summary Judgment filed by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. Motion Hearing set for 4/9/2004 10:00 AM. (Srikantiah, Jayashri) (Filed on 2/24/2004) (Entered: 02/24/2004)
2004-02-24	45	Brief in Support of Motion for Summary Judgment and in Opposition to Government's Motion for Summary Judgment filed by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (Srikantiah, Jayashri) (Filed on 2/24/2004) (Entered: 02/24/2004)
2004-02-24	46	NOTICE of Manual Filing of EXHIBITS (two notebooks) filed by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (mmt, COURT STAFF) (Filed on 2/24/2004) (Entered: 02/27/2004)
2004-03-08	47	STIPULATION re 24 Order, 29 Order Stipulation and Order Modifying Briefing Schedule by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (LoBue, Joseph) (Filed on 3/8/2004) (Entered: 03/08/2004)
2004-03-10	48	Memorandum in Opposition re 44 MOTION for Summary Judgment Notice of Motion and Motion for Summary Judgment and Reply in support of Defendants' Motion for Summary Judgment filed by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (Attachments: # 1 Affidavit Declaration of Lee Longmire# 2 Signature Page (Declarations/Stipulations) Declaration of Lee Longmire# 3 Exhibit A-H# 4 Exhibit I-Q)(LoBue, Joseph) (Filed on 3/10/2004) (Entered: 03/11/2004)
2004-03-11	49	STIPULATION AND ORDER modifying briefing schedule. Signed by Judge Charles R. Breyer on 3/10/04. (be, COURT STAFF) (Filed on 3/11/2004) (Entered: 03/11/2004)
2004-03-15	50	Memorandum in Opposition re 44 MOTION for Summary Judgment Notice of Motion and Motion for Summary Judgment : Defendants' Amended Opposition to Plaintiffs' Motion for Summary Judgment and Reply in Support of Defendants' Motion for Summary Judgment filed by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (Attachments: # 1 Affidavit Declaration of Lee Longmire# 2 Signature Page (Declarations/Stipulations) Declaration of Lee Longmire# 3 Exhibit A-H to Declaration of Lee Longmire# 4 Exhibit I-Q to Declaration of Lee Longmire# 5 Affidavit Supplemental Declaration of Patricia M. Riep-Dice# 6 Signature Page (Declarations/Stipulations) Supplemental Declaration of Patricia M. Riep-Dice# 7 Affidavit Supplemental Declaration of David M. Hardy# 8 Signature Page (Declarations/Stipulations) Supplemental Declaration of David M. Hardy# 9 Exhibit A (Part One) to Supplemental Declaration of David M. Hardy# 10 Exhibit A (Part 2) to Supplemental Declaration of David M. Hardy)(LoBue, Joseph) (Filed on 3/15/2004) (Entered: 03/15/2004)
2004-03-22	51	Brief re 30 Defendants' Memorandum Regarding Submission of Documents For In Camera Review filed by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (Attachments: # 1 Exhibit Letter dated March 17, 2004 from Thomas R. Burke to Joseph W. LoBue)(Related document(s) 30 ) (LoBue, Joseph) (Filed on 3/22/2004) (Entered: 03/22/2004)
2004-03-24	52	Response to Defendants' Memorandum Regarding Submission of Documents for In Camera Review by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (Burke, Thomas) (Filed on 3/24/2004) (Entered: 03/24/2004)
2004-03-29	53	RESPONSE in Support re 44 MOTION for Summary Judgment Notice of Motion and Motion for Summary Judgment : Plaintiffs' Reply In Support of Their Motion for Summary Judgment filed by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (Burke, Thomas) (Filed on 3/29/2004) (Entered: 03/29/2004)
2004-03-29	54	Declaration of Thomas R. Burke in Support of 44 : Supplemental Declaration In Support of Plaintiffs' Motion for Summary Judgment filed by Janet Amelia Adams, American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon. (Attachments: # 1 Exhibit B w/pp. 1thru50# 2 Exhibit B w/pp.51thru100# 3 Exhibit B w/pp.101thru150# 4 Exhibit B w/pp.151thru180# 5 Exhibit B w/pp.181thru212)(Related document(s) 44 ) (Burke, Thomas) (Filed on 3/29/2004) (Entered: 03/29/2004)
2004-04-01	55	ORDER regarding unredacted documents.Signed by Judge Charles R. Breyer on April 1, 2004. (crblc1, COURT STAFF) (Filed on 4/1/2004) (Entered: 04/01/2004)
2004-04-07	56	NOTICE by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice re 55 Order of Manual Filing of Documents for In Camera Review (LoBue, Joseph) (Filed on 4/7/2004) (Entered: 04/07/2004)
2004-04-08	57	EXHIBITS (1 & 2) re 55 filed by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. EX PARTE AND FILED UNDER SEAL (Related document(s) 55 ) (mmt, COURT STAFF) (Filed on 4/8/2004) (Entered: 04/23/2004)
2004-06-15	58	ORDER by Judge Charles R. Breyer dismissing 30 Motion for Summary Judgment, dismissing 38 Motion for Summary Judgment, dismissing 44 Motion for Summary Judgment and ordering further production of materials and revised motions for summary judgment. (crblc1, COURT STAFF) (Filed on 6/15/2004) (Entered: 06/15/2004)
2004-08-10	59	STIPULATION and Order Regarding Further Proceedings by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (LoBue, Joseph) (Filed on 8/10/2004) (Entered: 08/10/2004)
2004-08-10	60	MOTION for Clarification of Order (Unopposed) filed by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. Motion Hearing set for 9/17/2004 10:00 AM. (LoBue, Joseph) (Filed on 8/10/2004) (Entered: 08/10/2004)
2004-08-11	61	ORDER regarding further proceeding; setting hearing on cross-motion for summary judgment Motion Hearing set for 12/3/2004 10:00 AM.. Signed by Judge Charles R. Breyer on 8/11/04. (be, COURT STAFF) (Filed on 8/11/2004) (Entered: 08/11/2004)
2004-08-12	62	ORDER by Judge Charles R. Breyer granting 60 Motion for Clarification (be, COURT STAFF) (Filed on 8/12/2004) (Entered: 08/12/2004)
2004-09-29	63	STIPULATION and Order Modifying Briefing Schedule by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (LoBue, Joseph) (Filed on 9/29/2004) (Entered: 09/29/2004)
2004-10-06	64	STIPULATION and Order Modifying Briefing Schedule by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (LoBue, Joseph) (Filed on 10/6/2004) (Entered: 10/06/2004)
2004-10-07	65	NOTICE by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice of Filing Further Production of Documents (Attachments: # 1 Exhibit A (Part 1)# 2 Exhibit A (Part 2)# 3 Exhibit B (Part 1)# 4 Exhibit B (Part 2)# 5 Exhibit B (Part 3)# 6 Exhibit B (Part 4)# 7 Exhibit B (Part 5))(LoBue, Joseph) (Filed on 10/7/2004) (Entered: 10/07/2004)
2004-10-08	66	ORDER Setting Hearing on Motion Cross Motion for Summary Judgment Motion Hearing set for 12/17/2004 10:00 AM.. Signed by Judge Charles R. Breyer on 10/08/04. (be, COURT STAFF) (Filed on 10/8/2004) (Entered: 10/08/2004)
2004-10-14	67	MOTION for Summary Judgment filed by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. Motion Hearing set for 12/17/2004 10:00 AM. (Attachments: # 1 Affidavit Declaration of Keith R. Gehle# 2 Signature Page (Declarations/Stipulations) Gehle Declaration (signature)# 3 Exhibit A (Gehle Declaration)# 4 Affidavit Declaration of Catrina Pavlik# 5 Affidavit Declaration of David Graceson (Part 1)# 6 Affidavit Declaration of David Graceson (Part 2)# 7 Affidavit Certification of Counsel)(LoBue, Joseph) (Filed on 10/14/2004) (Entered: 10/14/2004)
2004-10-14	68	MOTION for Leave to File In Camera Declaration Under Seal filed by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. Motion Hearing set for 12/17/2004 10:00 AM. (LoBue, Joseph) (Filed on 10/14/2004) (Entered: 10/15/2004)
2004-10-15	69	Declaration of David Graceson in Support of 67 Defendants' Morion for Summary Judgment (signature page) filed by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (Related document(s) 67 ) (LoBue, Joseph) (Filed on 10/15/2004) (Entered: 10/15/2004)
2004-10-19	70	ERRATA re 67 Corrected Notice of Motion and Motion for Summary Judgment by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. (Attachments: # 1 Corrected Notice of Motion and Motion for Summary Judgment)(LoBue, Joseph) (Filed on 10/19/2004) (Entered: 10/19/2004)
2004-10-25	71	ORDER by Judge Charles R. Breyer granting 68 Motion for Leave to File in camera declaration under seal (be, COURT STAFF) (Filed on 10/25/2004) (Entered: 10/25/2004)
2004-10-25	72	Declaration of David Graceson in Support of 67 , filed by Federal Bureau of Investigation, Transportation Security Administration, United States Department of Justice. *** FILED UNDER SEAL *** (Related document(s) 67 , 69 ) (mmt, COURT STAFF) (Filed on 10/25/2004) (Entered: 10/25/2004)
2004-12-01	73	NOTICE by American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon, Janet Amelia Adams OF MOTION AND MOTION FOR SUMMARY JUDGMENT (Burke, Thomas) (Filed on 12/1/2004) (Entered: 12/01/2004)
2004-12-01	74	Declaration of Thomas R. Burke In Support of Plaintiffs' Second Omnibus Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment filed byAmerican Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon, Janet Amelia Adams. (Attachments: # 1 Exhibit A Part 2# 2 Exhibit A Part 3# 3 Exhibit A Part 4)(Burke, Thomas) (Filed on 12/1/2004) (Entered: 12/01/2004)
2004-12-01	75	MEMORANDUM in Support of Motion for Summary Judgment And In Opposition to Defendants' Motion for Summary Judgment filed byAmerican Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon, Janet Amelia Adams. (Burke, Thomas) (Filed on 12/1/2004) (Entered: 12/01/2004)
2005-02-24	76	CLERK'S NOTICE Setting Motion Hearing Cross Motions for Summary Judgment Hearing set for 4/22/2005 10:00 AM. (be, COURT STAFF) (Filed on 2/24/2005) (Entered: 02/24/2005)
2005-04-22	77	Minute Entry: Motion Hearing held on 4/22/2005 before Charles R. Breyer (Date Filed: 4/22/2005). (Court Reporter Rosita Flores.) (be, COURT STAFF) (Date Filed: 4/22/2005) (Entered: 04/22/2005)
2005-06-23	78	ORDER by Judge Charles Breyer granting in part and denying in part 67 Motion for Summary Judgment (crblc2, COURT STAFF) (Filed on 6/23/2005) (Entered: 06/23/2005)
2005-06-29	79	JUDGMENT. Signed by Judge Charles R. Breyer on June 29, 2005. (crblc1, COURT STAFF) (Filed on 6/29/2005) (Entered: 06/29/2005)
2005-06-29	80	Letter dated 6/28/05 from Alan L. Schlosser to Judge Breyer re third cause of action. (mcl, COURT STAFF) (Filed on 6/29/2005) (Entered: 06/30/2005)
2005-07-08	81	STIPULATION and [Proposed] Order Enlarging Time to File Motion for Attorneys' Fees (Local Rule 54-6) by American Civil Liberties Union Foundation of Northern Califonria. (Attachments: # 1 Signature Page (Declarations/Stipulations) Alan L. Schlosser's Signature Page)(Schlosser, Alan) (Filed on 7/8/2005) (Entered: 07/08/2005)
2005-07-11	82	ORDER re 81 Stipulation, filed by American Civil Liberties Union Foundation of Northern Califonria,. Signed by Judge Charles R. Breyer on 7/8/05. (be, COURT STAFF) (Filed on 7/11/2005) (Entered: 07/11/2005)
2005-07-11		Set/Reset Deadlines: Motions due by 10/31/2005. (be, COURT STAFF) (Filed on 7/11/2005) (Entered: 07/11/2005)
2005-10-18	83	STIPULATION and [Proposed] Order Enlarging Time to File Motion for Attorneys' Fees (Local Rule 54-6) by American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon, Janet Amelia Adams. (Burke, Thomas) (Filed on 10/18/2005) (Entered: 10/18/2005)
2005-10-25	84	ORDER re 83 Stipulation, filed by Rebecca Allison Gordon,, Janet Amelia Adams,, American Civil Liberties Union Foundation of Northern Califonria,. Signed by Judge Charles R. Breyer on 10/24/05. (be, COURT STAFF) (Filed on 10/25/2005) (Entered: 10/25/2005)
2006-01-10	85	STIPULATION and [PROPOSED] ORDER ENLARGING TIME TO FILE MOTION FOR ATTORNEYS' FEES (Local Rule 54-6) by American Civil Liberties Union Foundation of Northern Califonria, Rebecca Allison Gordon, Janet Amelia Adams. (Burke, Thomas) (Filed on 1/10/2006) (Entered: 01/10/2006)
2006-01-12	86	ORDER enlarging time to file motion re 85 Stipulation, filed by Rebecca Allison Gordon,, Janet Amelia Adams,, American Civil Liberties Union Foundation of Northern Califonria,. Signed by Judge Charles R. Breyer on 1/1206. (be, COURT STAFF) (Filed on 1/12/2006) (Entered: 01/12/2006)
2006-01-23	87	STIPULATION of Compromise and Settlement of Plaintiffs' Claim for Attorneys' Fees and Costs and Proposed Order by Federal Bureau of Investigation, United States Department of Justice, Transportation Security Administration. (LoBue, Joseph) (Filed on 1/23/2006) (Entered: 01/23/2006)
2006-01-24	88	ORDER re 87 Stipulation, filed by Federal Bureau of Investigation,, United States Department of Justice,, Transportation Security Administration,. Signed by Judge Charles R. Breyer on 1/24/06. (be, COURT STAFF) (Filed on 1/24/2006) (Entered: 01/24/2006)
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