In The Matter of the Application of the United States of America for an Order Directing a Provider of Electronic Communication Service to Disclose Records to the Government
| UNITED STATES OF AMERICA |
| FPD WD PA, ELEC FRONTIER FNDTN, ACLU PA, ACLU, CTR FOR DEMOCRACY AND TECH and SUSAN A. FREIWALD, Esq. |
| 08-4227 |
| October 22, 2008 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 7, 2010. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 68 JUDGMENT, vacated and the case is remanded for further proceedings. (MB) |
Filing 67
PRECEDENTIAL OPINION Coram: SLOVITER, ROTH and *TASHIMA, Circuit Judges. Total Pages: 32. Judge: SLOVITER Authoring. Judge: *TASHIMA Concurring *Honorable A. Wallace Tashima, Senior Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.--[Edited 09/07/2010 by MB] (NDA regenerated indicating Judge Tashima as Concurring Judge.)--[Edited 09/07/2010 by MB] (MB)
|
| Filing 66 ECF FILER: Response by Appellant to Appellee's letter submitted pursuant to Rule 28(j) from counsel for Appellant USA. This document will be SENT TO THE MERITS PANEL, if/when applicable.--[Edited 08/24/2010 by SLC] (ME) |
| Filing 65 ECF FILER: Letter dated 08/19/2010 , filed pursuant to Rule 28(j) from counsel for Amicus Appellees ACLU, ACLU PA, Ctr For Democracy and Tech and Elec Frontier Fndtn. This document will be SENT TO THE MERITS PANEL, if/when applicable. (KSB) |
| Filing 64 ECF FILER: Letter dated 02/16/2010 , filed pursuant to Rule 28(j) from counsel for Appellant USA. This document will be SENT TO THE MERITS PANEL, if/when applicable. (ME) |
| ARGUED on Friday, February 12, 2010 before SLOVITER, ROTH and *TASHIMA, Circuit Judges Kevin S. Bankston arguing for Amicus Appellees Elec Frontier Fndtn, ACLU, ACLU PA, and Ctr For Democracy and Tech; Mark Eckenwiler arguing for Appellant United States of America; Susan A. Freiwald arguing for Amicus Appellee Susan A. Freiwald *(Hon. A. Wallace Tashima, Senior Circuit Judge for the U.S. Court of Appeals for the Ninth Circuit, sitting by designation) (TLW) |
| Filing 62 Oral Argument Notification for Friday, 02/12/2010. (TLW) |
| Filing 61 ECF FILER: Letter dated 02/08/2010 , filed pursuant to Rule 28(j) from counsel for Amicus Appellees ACLU, ACLU PA, Ctr For Democracy and Tech and Elec Frontier Fndtn. This document will be SENT TO THE MERITS PANEL, if/when applicable. (KSB) |
| Filing 60 ECF FILER: CORRECTED Letter dated 02/05/2010 , filed pursuant to Rule 28(j) from counsel for Appellant USA. This document will be SENT TO THE MERITS PANEL, if/when applicable. (ME) |
| Filing 59 ECF FILER: Letter dated 02/05/2010 , filed pursuant to Rule 28(j) from counsel for Appellant USA. This document will be SENT TO THE MERITS PANEL, if/when applicable. (ME) |
| Filing 58 ECF FILER: DIVISION OF TIME FORM filed by Attorney Kevin S. Bankston, Esq. for Amicus Appellees Elec Frontier Fndtn, ACLU, Ctr For Democracy and Tech and ACLU PA. Certificate of Service dated 02/02/2010. (KSB) |
| Filing 57 Oral Argument Notification for Thursday, 02/11/2010. (TLW) |
| Filing 56 ECF FILER: Response filed by Appellant USA to Motion by Amicus Appellees ACLU, et al. for Additional Time for Oral Argument. Certificate of Service dated 01/25/2010.--[Edited 01/25/2010 by TLW] (ME) |
| Filing 55 ECF FILER: Motion filed by by Kevin S. Bankston, Esq. counsel for Amicus Appellees ACLU, ACLU PA, Ctr For Democracy and Tech and Elec Frontier Fndtn for Additional Time for Oral Argument. Certificate of Service dated January 20, 2010. [Entry edited by Clerk's Office to reflect the correct event and to reflect all the requested reliefs].--[Edited 01/21/2010 by TLW] (KSB) |
| Filing 54 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Kevin S. Bankston, Esq. for Amicus Appellees Elec Frontier Fndtn, ACLU, Ctr For Democracy and Tech and ACLU PA. Certificate of Service dated 01/06/2010. (KSB) |
| Filing 53 ECF FILER: ENTRY OF APPEARANCE from Kevin Bankston on behalf of Amicus Curiae Electronic Frontier Foundation, ACLU, ACLU-PA, CDT. (KSB) |
| Filing 52 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Mark Eckenwiler, Esq. for Appellant USA. Certificate of Service dated 01/04/2010. (ME) |
| Filing 51 ECF FILER: ENTRY OF APPEARANCE from Witold J. Walczak on behalf of Amicus Curiae EFF, CDT, ACLU and ACLU-PA. (WJW) |
| Filing 50 ECF FILER: ENTRY OF APPEARANCE from Mark Eckenwiler on behalf of Appellant(s) United States of America. (ME) |
| Filing 49 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Witold J. Walczak, Esq. for Amicus Appellees Elec Frontier Fndtn, ACLU, Ctr For Democracy and Tech and ACLU PA. Certificate of Service dated 12/21/2009. (WJW) |
| Filing 48 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Susan A. Freiwald, Esq.. Certificate of Service dated 12/18/2009. (SAF) |
| Filing 47 ECF FILER: ENTRY OF APPEARANCE from Susan A Freiwald on behalf of Amicus Curiae In support of affirmance of the District Court. (SAF) |
| Filing 46 Calendared for Friday, 02/12/2010 (Rescheduled from Thursday, 02/11/2010.) (TLW) |
| Filing 45 ECF FILER: LETTER on behalf of Attorney Lisa B. Freeland, Esq. for Amicus Appellee FPD WD PA advising that Amicus Appellee FPD WD PA will join in the brief filed by Amicus Appellee Electric Frontier Foundation--[TEXT Edited 05/21/2009 by SLC]. Certificate of Service dated 05/19/2009. SEND TO MERITS (LBF) |
| Filing 44 NONCOMPLIANCE ORDER sent to Attorney Lisa B. Freeland, Esq. for Amicus Appellee FPD WD PA requesting electronic version of Letter of April 15, 2009 requesting leave to join in Amicus Appellees' Brief. Compliance due 05/22/2009. (SLC) |
| HARD COPY RECEIVED from Appellant USA - Reply Brief. Copies: 10. (SL) |
| Filing 42 ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellant USA, filed. Certificate of Service dated 04/16/2009 by US mail, email. (RLE) |
| Filing 41 CLERK ORDER referring to the merits panel the Motion by Amicus Appellees The Electronic Frontier Foundation, The American Civil Liberties Union, The ACLU of Pennsylvania and the Center for Democracy and Technology for Judicial Notice or in the Alternative, for Leave to Expand the Record and to File Supplemental Appendix, filed. SEND TO MERITS PANEL. (EMA) |
| Filing 40 CLERK ORDER granting Motion by Appellant for Permission to File Reply Brief and For Extension of Time to File Reply Brief. Appellant's reply brief must be filed and served on or before April 16, 2009, or fourteen (14) days after the last amicus brief is filed, whichever is later, filed. (SLC) |
|
Filing 39
ORDER (HARDIMAN, Circuit Judges) granting Motion by Susan Freiwald to proceed as Amicus Appellee, filed. Panel No.: CCO-82. Hardiman, Authoring Judge. (SLC)
|
| Filing 38 ECF FILER: Motion filed by Appellant USA for leave to file a Reply to Amicus Briefs, for Extension of Time to file Reply to Amicus Briefs until/for April 16, 2009 or 14 days after filing of any additional Amicus Briefs. Certificate of Service dated 03/30/2009. (RLE) |
| Filing 36 ECF FILER: ELECTRONIC ADDENDUM to BRIEF on behalf of Amicus Appellees ACLU, ACLU PA, Ctr for Democracy and Tech and Elec Frontier Fndtn, filed. Certificate of Service dated 03/23/2009 by email. [Entry edited by Clerk's Office to reflect the correct event]--[Edited 03/31/2009 by EMA] (MR) |
| Filing 35 ECF FILER: Motion filed by Amicus Appellees ACLU, ACLU PA, Ctr for Democracy and Tech and Elec Frontier Fndtn for Leave to File Supplemental Appendix and Expand the Record, filed. Certificate of Service dated 03/23/2009 by email. [Entry edited by Clerk's Office to reflect the correct event]--[Edited 03/31/2009 by EMA] (MR) |
| COMPLIANCE RECEIVED. Received motion and addendum. (EMA) |
| Filing 34 NONCOMPLIANCE Order sent to Amicus Appellees ACLU, ACLU PA, Ctr For Democracy and Tech and Elec Frontier Fndtn requesting an electronic Addendum to Amicus Brief through ECF containing the Certifications of Bar Membership, Virus Check and Identity and a Motion for Leave to File Supplemental Appendix and Expand the Record. Compliance due 03/23/2009. (EMA) |
| HARD COPY RECEIVED from Proposed Amicus-Appellee Susan A. Freiwald, Esq. - Amicus Brief. Copies: 10. (KEL) |
| Filing 32 ECF FILER: ELECTRONIC BRIEF on behalf of Amicus Susan Freiwald in support of Appellee/Respondent, filed. Certificate of Service dated 03/16/2009 by 3rd party. (SAF) |
| Filing 31 ECF FILER: ELECTRONIC BRIEF on behalf of Amicus in support of Appellee/Respondent, filed. Certificate of Service dated 03/16/2009 by US mail. [Entry has been edited and the Supplemental Appendix entitled "Addendum" has been removed by the Clerk's Office]--[Edited 03/18/2009 by EMA] (MR) |
| HARD COPY RECEIVED from Amicus Appellees ACLU, ACLU PA, Elec Frontier Fndtn and Ctr For Democracy and Tech - Amicus Brief with Supplemental Appendix attached. Copies: 10.--[Edited 03/18/2009 by EMA] (KEL) |
| Filing 29 Motion filed by Susan Freiwald to proceed as Amicus Curiae in support of Appellee/Respondent. Certificate of Service dated 03/06/2009. (SAF) |
| Filing 28 CLERK ORDER referring to the merits panel the Motion by Appellant for Permission to File Volume II of the Appendix Under Seal. The Clerk is directed to hold the hard copy and electronic copy of Appellant's Appendix Volume II under seal pending disposition of the motion. SEND TO MERITS PANEL. (MS) |
|
Filing 27
ORDER (JORDAN, Circuit Judges) granting Motion to proceed as amicus filed by Proposed Amicus-Appellee FPD WD PA, filed. Panel No.: ACO-67. Jordan, Authoring Judge. (SLC)
|
| Filing 23 ELECTRONIC APPENDIX Volume I-A on behalf of Appellant USA, filed. Manner of Service: electronic. Certificate of Service dated 02/17/2009.--[Edited 02/17/2009 by MS] (RLE) |
| Filing 22 ELECTRONIC VOLUME I of APPENDIX on behalf of Appellant USA, filed. Manner of Service: electronic. Certificate of Service dated 02/17/2009. (RLE) |
| HARD COPY RECEIVED from - Appendix. Copies: 4. Volumes: 2 (Volume 2 HELD UNDER SEAL) (SL) |
| HARD COPY RECEIVED from Appellant USA - Brief. Copies: 10. (SL) |
| ECF FILER ERROR: Opening brief and appendix of Appellant. ERROR: Volume I of appendix was not in compliance with L.A.R. requirements; counsel was directed to re-file it separately. CORRECTION: Volume I of appendix was deleted from brief event. Counsel filed Volume I separately. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (MS) |
| Filing 21 SEALED ELECTRONIC APPENDIX on behalf of Appellant USA, filed. Manner of Service: mail. Certificate of Service dated 02/13/2009. HELD UNDER SEAL pending disposition of the motion.--[Edited 02/17/2009 by MS] (RLE) |
| Filing 20 ELECTRONIC BRIEF on behalf of Appellant USA, filed. Certificate of Service dated 02/13/2009 by US mail, email.--[Edited 02/17/2009 by MS] (RLE) |
| Filing 19 Motion filed by Appellant USA to seal Volume II of Appendix. Certificate of Service dated 02/13/2009. SEND TO MERITS PANEL--[Edited 02/27/2009 by MS] (RLE) |
| Filing 18 CLERK ORDER granting Motion for extension of time filed by Appellant USA, filed. (SLC) |
| Filing 17 CERTIFICATE OF SERVICE for by Attorney Lisa B. Freeland, Esq. for Proposed Amicus-Appellee FPD WD PA. Method of Service:. (LBF) |
| Filing 16 CORRECTED Motion filed by Appellant USA for Extension of Time to file brief on behalf of appellant until/for 14 days or until February 13, 2009. Certificate of Service dated 01/30/2009. (RLE) |
| Filing 15 NONCOMPLIANCE Order sent to Appellant USA requesting Certificate of Service for Motion by USA for Extension of Time to File Appellant's Brief. Compliance due 02/04/2009. (SLC) |
| Filing 14 NONCOMPLIANCE Order sent to Proposed Amicus-Appellee FPD WD PA requesting Certificate of Service for the Motion for Leave to Proceed as Amicus Curiae Appellee. Compliance due 02/04/2009. (SLC) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE: Entry of Appearance of behalf of FPD Western District. CORRECTION: Proposed Amicus Party, FPD Western District, added to case. Entry of Appearance text amended to reflect Lisa B. Freeland represents Proposed Amicus Party, Federal Public Defender of the Western District of Pennsylvania. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (SLC) |
| Filing 11 Document filed by Proposed Amicus Curiae Appellee, Federal Public Defender for the Western District of Pennsylvania, in support of Motion for Leave to Proceed as Amicus.--[Edited 01/30/2009 by SLC] (LBF) |
| Filing 10 Motion filed by Proposed Amicus Curiae Appellee, Federal Public Defender for the Western District of Pennsylvania, for leave to proceed as Amicus Curiae. Certificate of Service dated 01/29/2009.--[Edited 01/30/2009 by SLC] (LBF) |
| Filing 9 ENTRY OF APPEARANCE from Lisa B Freeland on behalf of Proposed Amicus Curiae Amicus Curaie, Federal Public Defender of the Western District of Pennsylvania.--[Edited 01/30/2009 by SLC] (LBF) |
| Motion filed by Appellant USA for Extension of Time to file brief on behalf of appellant until/for 14. Certificate of Service dated 01/29/2009. (RLE) |
|
Filing 8
ORDER (CHAGARES, Circuit Judges) granting Motion by Proposed Amici Electronic Frontier Foundation, American Civil Liberties Union, ACLU of Pennsylvania and the Center for Democracy and Technology for Permission to Appear as Amicus and for Extension of Time to File Amicus Brief until thirty (30) days after filing of Appellant's Brief, filed.
Panel No.: BCO-46. Michael A. Chagares, Authoring Judge. (TMM)
|
| Filing 7 CLERK ORDER granting Motion for extension of time filed by Appellant USA until 1/30/2009, filed. (TRG) |
| Filing 6 Unopposed Motion by Proposed Amici Electronic Frontier Foundation, American Civil Liberties Union, ACLU-PA and the Center for Demogracy and Technology for permission to appear as amicus and for extension of time to file amicus brief thirty (30) days after Appellant's brief, filed. Certificate of Service dated 12/24/2008. (MR) |
| Filing 5 Motion filed by Appellant USA for Extension of Time to file Appellant's Opening Brief until/for 31 days. Certificate of Service dated 12/22/2008. (RLE) |
| Filing 4 BRIEFING NOTICE ISSUED. Brief on behalf of United States of America due on or before 12/30/2008. Appendix due on or before 12/30/2008. (SLC) |
| Filing 3 ENTRY OF APPEARANCE filed by Attorney Robert L. Eberhardt, Esq. for Appellant USA. (CJG) |
| Filing 1 CRIMINAL CASE DOCKETED. Notice filed by USA. (SLC) |
| RECORD available on District Court CM/ECF. (SLC) |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
