KASPERSKY LAB, INC. et al v. DEPARTMENT OF HOMELAND SECURITY et al Featured Case
Plaintiff: KASPERSKY LAB, INC. and KASPERSKY LABS LIMITED
Defendant: DEPARTMENT OF HOMELAND SECURITY and KIRSTJEN M. NIELSEN
Case Number: 1:2017cv02697
Filed: December 18, 2017
Court: US District Court for the District of Columbia
Office: Washington, DC Office
County: 11001
Presiding Judge: Colleen Kollar-Kotelly
Nature of Suit: Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 551
Jury Demanded By: None
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Docket Report

This docket was last retrieved on September 22, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 22, 2018 Filing 30 TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE before Judge Colleen Kollar-Kotelly, held on 02/16/2018. Page Numbers: 1-17. Date of Issuance: 06/22/2018. Court Reporter/Transcriber: Sara A. Wick, Telephone number 202-354-3284. Tape Number: N/A. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or p urchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/13/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/20/2018.(Wick, Sara)
June 20, 2018 Filing 29 TRANSCRIPT OF TELEPHONE CONFERENCE IN CHAMBERS before Judge Colleen Kollar-Kotelly held on 1-22-18; Page Numbers: 1 through 26; Date of Issuance: 6-20-18; Court Reporter: Timothy R. Milller, Telephone number (202) 354-3111, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the cou rt reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/11/2018. Redacted Transcript Deadline set for 7/21/2018. Release of Transcript Restriction set for 9/18/2018.(Miller, Timothy)
June 8, 2018 USCA Case Number 18-5176 for 27 Notice of Appeal to DC Circuit Court, filed by KASPERSKY LABS LIMITED, KASPERSKY LAB, INC. (zrdj)
June 7, 2018 Filing 28 Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 06/06/2018 re 27 Notice of Appeal to DC Circuit Court,. (ztd)
June 6, 2018 Filing 27 NOTICE OF APPEAL TO DC CIRCUIT COURT as to 26 Memorandum & Opinion, 25 Order on Motion to Dismiss by KASPERSKY LAB, INC., KASPERSKY LABS LIMITED. Filing fee $ 505, receipt number 0090-5520747. Fee Status: Fee Paid. Parties have been notified. (Fayhee, Ryan)
May 30, 2018 Opinion or Order Filing 26 MEMORANDUM OPINION Regarding 25 ORDER GRANTING Defendants' 21 Motion to Dismiss. Signed by Judge Colleen Kollar-Kotelly on 5/30/2018. (lcckk3)
May 30, 2018 Opinion or Order Filing 25 ORDER GRANTING Defendants' 21 Motion to Dismiss. Signed by Judge Colleen Kollar-Kotelly on 5/30/2018. (lcckk3)
April 16, 2018 Filing 24 REPLY to opposition to motion re 21 Cross MOTION for Summary Judgment and Motion to Dismiss MOTION to Dismiss filed by DEPARTMENT OF HOMELAND SECURITY, KIRSTJEN M. NIELSEN. (Singer, Sam)
April 9, 2018 Filing 23 Memorandum in opposition to re 21 Cross MOTION for Summary Judgment and Motion to Dismiss MOTION to Dismiss filed by KASPERSKY LAB, INC., KASPERSKY LABS LIMITED. (Attachments: # 1 Text of Proposed Order)(Chasin, Steven)
April 9, 2018 Filing 22 REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by KASPERSKY LAB, INC., KASPERSKY LABS LIMITED. (Chasin, Steven)
March 26, 2018 Filing 21 Cross MOTION for Summary Judgment and Motion to Dismiss by DEPARTMENT OF HOMELAND SECURITY, KIRSTJEN M. NIELSEN (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Samuel Singer, # 4 Exhibit Combined Exhibits for Singer Declaration, # 5 Appendix Index to AR Excerpts, # 6 Exhibit A to Index to AR Excerpts, # 7 Exhibit B to Index to AR Excerpts, # 8 Exhibit C to Index to AR Excerpts, # 9 Exhibit D to Index to AR Excerpts, # 10 Exhibit E to Index to AR Excerpts, # 11 Exhibit F to Index to AR Excerpts, # 12 Exhibit G to Index to AR Excerpts, # 13 Exhibit H to Index to AR Excerpts, # 14 Exhibit I to Index to AR Excerpts, # 15 Exhibit J to Index to AR Excerpts, # 16 Exhibit K to Index to AR Excerpts, # 17 Exhibit L to Index to AR Excerpts, # 18 Exhibit M to Index to AR Excerpts, # 19 Exhibit N to Index to AR Excerpts, # 20 Exhibit to Index to AR Excerpts, # 21 Exhibit P to Index to AR Excerpts)(Singer, Sam). Added MOTION to Dismiss on 3/27/2018 (znmw).
March 26, 2018 Filing 20 RESPONSE re 19 MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, KIRSTJEN M. NIELSEN. (Attachments: # 1 Declaration of Samuel Singer, # 2 Exhibit Combined Exhibits to Singer Declaration, # 3 Appendix Index to AR Excerpts, # 4 Exhibit A to Index to AR Excerpts, # 5 Exhibit B to Index to AR Excerpts, # 6 Exhibit C to Index to AR Excerpts, # 7 Exhibit D to Index to AR Excerpts, # 8 Exhibit E to Index to AR Excerpts, # 9 Exhibit F to Index to AR Excerpts, # 10 Exhibit G to Index to AR Excerpts, # 11 Exhibit H to Index to AR Excerpts, # 12 Exhibit I to Index to AR Excerpts, # 13 Exhibit J to Index to AR Excerpts, # 14 Exhibit K to Index to AR Excerpts, # 15 Exhibit L to Index to AR Excerpts, # 16 Exhibit M to Index to AR Excerpts, # 17 Exhibit N to Index to AR Excerpts, # 18 Exhibit O to Index to AR Excerpts, # 19 Exhibit P to Index to AR Excerpts)(Singer, Sam)
February 22, 2018 Filing 19 MOTION for Summary Judgment by KASPERSKY LAB, INC., KASPERSKY LABS LIMITED (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Angelo Gentile in Support of Plaintiffs' Motion for Summary Judgment, # 4 Declaration of Ryan P. Fayhee in Support of Plaintiffs' Motion for Summary Judgment, # 5 Exhibit A-E to Declaration of Ryan P. Fayhee, # 6 Appendix Index to Administrative Record Excerpts, # 7 Exhibit A-D of Administrative Record Excerpts, # 8 Exhibit E of Administrative Record Excerpt, # 9 Exhibit F-H of Administrative Record Excerpts, # 10 Exhibit I-O of Administrative Record Excerpts)(Chasin, Steven)
February 20, 2018 Set/Reset Deadlines: Defendant's administrative record due by 4/16/2018. Cross Motion due by 3/26/2018. Response to Cross Motion due by 4/9/2018. Reply to Cross Motion due by 4/16/2018. Summary Judgment motion due by 2/22/2018. Response to Motion for Summary Judgment due by 3/26/2018. Reply to Motion for Summary Judgment due by 4/9/2018. (tb)
February 16, 2018 Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 2/16/2018. (Court Reporter Sara Wick.) (dot)
February 16, 2018 Set/Reset Hearings: Telephone Conference on the record set for 2/16/2018 at 12:00 PM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot)
February 16, 2018 Opinion or Order Filing 18 SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 2/16/2018. (lcckk3)
February 16, 2018 Opinion or Order Filing 17 ORDER CONSOLIDATING Kaspersky Lab, Inc., et al., v. United States Department of Homeland Security, et al., (17-cv-2697) and Kaspersky Lab, Inc., et al., v. United States of America (18-cv-325) for the purpose of briefing an upcoming round of dispositive motions. Signed by Judge Colleen Kollar-Kotelly on 2/16/2018. (lcckk3)
February 16, 2018 Opinion or Order MINUTE ORDER. The Court is in receipt of Plaintiffs' 16 Notice of Withdrawal of Application for Preliminary Injunction in Favor of Expedited Summary Judgment Briefing Schedule. In light of Plaintiffs' Notice, Plaintiffs' 10 Application for Preliminary Injunction is WITHDRAWN. Defendants' February 22, 2018 deadline to file a sur-reply with respect to that motion is VACATED. Signed by Judge Colleen Kollar-Kotelly on 2/16/2018. (lcckk3)
February 15, 2018 Filing 16 NOTICE OF WITHDRAWAL OF MOTION by KASPERSKY LAB, INC., KASPERSKY LABS LIMITED re 10 MOTION for Preliminary Injunction , in Favor of Expedited Summary Judgment Briefing Schedule (Chasin, Steven)
February 15, 2018 Opinion or Order MINUTE ORDER. The Court is in receipt of Plaintiff's 16 Notice of Withdrawal of Application for Preliminary Injunction in Favor of Expedited Summary Judgment Briefing Schedule. The Court will hold a teleconference with the parties on the record to discuss scheduling on FEBRUARY 16, 2018 at 12:00 PM. The parties shall call chambers jointly, on a single line. Signed by Judge Colleen Kollar-Kotelly on 2/15/2018. (lcckk3)
February 13, 2018 Set/Reset Deadlines: Government's Sur-Reply addressing Plaintiffs' arguments relating to this new case due by 2/22/2018. (dot)
February 13, 2018 NOTICE OF ERROR re 15 Reply to opposition to Motion; emailed to steven.chasin@bakermckenzie.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Do not refile. For future reference, please review LCvR 5.4(b)(4). The person who is signing the document must be the person electronically filing. (ztd, )
February 13, 2018 Opinion or Order MINUTE ORDER. The Court is in receipt of Plaintiffs' 15 Reply in Support of Application for Preliminary Injunction. Simultaneously with filing their Reply, Plaintiffs have filed a new lawsuit challenging the NDAA as a Bill of Attainder (Kaspersky Lab, Inc., et al, v. United States, 18-cv-325), the existence of which they rely on in their Reply. By no later than FEBRUARY 22, 2018, the Government shall file a Sur-Reply addressing Plaintiffs' arguments relating to this new case (e.g., Plaintiffs' arguments regarding standing, as well as any other arguments the Government deems appropriate to respond to). Other than this filing, no further briefing on Plaintiffs' Preliminary Injunction Application is allowed. Plaintiffs' decision to file a new lawsuit on the same date that they filed their Reply means that the Court's resolution of Plaintiffs' Preliminary Injunction Application will necessarily be delayed. Especially now that this new issue has been injected into this case, the Court reiterates its strong view that a preliminary injunction motion is not the most appropriate vehicle for an expeditious resolution of Plaintiffs' claims on their merits. The Court will give Plaintiffs an opportunity, by no later than FEBRUARY 15, 2018, to notify the Court if they have decided to withdraw their preliminary injunction application and instead pursue an expedited summary judgment briefing schedule. Such an approach would allow the parties to receive a final decision on the merits of Plaintiffs' claims and Defendants' jurisdictional arguments far faster than if the Court first considers Plaintiff's preliminary injunction application, then potentially considers a motion to dismiss which Defendants have indicated they intend to file, and only then sets a briefing schedule for cross-summary judgment motions. If Plaintiffs do not file anything by February 15th, the Court will proceed on the current schedule. Signed by Judge Colleen Kollar-Kotelly on 2/13/2018. (lcckk3)
February 12, 2018 Filing 15 REPLY to opposition to motion re 10 MOTION for Preliminary Injunction filed by KASPERSKY LAB, INC., KASPERSKY LABS LIMITED. (Chasin, Steven)
February 8, 2018 Opinion or Order MINUTE ORDER. The Court is in receipt of Defendants' 14 Consent Motion for a Stay of Response Deadline. Defendants request a stay of their deadline to respond to Plaintiffs' Complaint pending the resolution of Plaintiffs' Motion for Preliminary Injunction. Defendants argue that filing a response at this time would complicate this matter, and that the Court's ruling on Plaintiffs' Motion for Preliminary Injunction will likely inform whatever response Defendants intend to file. Plaintiffs consent to Defendants' motion. Defendants' motion is GRANTED. Defendants' deadline to respond to the Complaint is STAYED pending further Court Order. Signed by Judge Colleen Kollar-Kotelly on 2/8/2018. (lcckk3)
February 7, 2018 Filing 14 Consent MOTION to Stay response deadline pending resolution of Plaintiffs' Motion for a Preliminary Injunction by DEPARTMENT OF HOMELAND SECURITY, KIRSTJEN M. NIELSEN (Attachments: # 1 Text of Proposed Order)(Singer, Sam) Modified event title on 2/8/2018 (znmw).
February 5, 2018 Filing 13 RESPONSE re 10 MOTION for Preliminary Injunction filed by DEPARTMENT OF HOMELAND SECURITY, KIRSTJEN M. NIELSEN. (Attachments: # 1 Exhibit Declaration of Grant Schneider)(Singer, Sam)
February 5, 2018 Filing 12 NOTICE of Lodging Administrative Record by DEPARTMENT OF HOMELAND SECURITY, KIRSTJEN M. NIELSEN (Attachments: # 1 Exhibit Declaration and Index, # 2 Exhibit AR Part 1, # 3 Exhibit AR Part 2, # 4 Exhibit AR Part 3, # 5 Exhibit AR Part 4, # 6 Exhibit AR Part 5, # 7 Exhibit AR Part 6, # 8 Exhibit AR Part 7)(Singer, Sam)
January 23, 2018 Filing 11 ERRATA Regarding Final Page of Declaration of Angelo Gentile in Support of Plaintiffs' Application for Preliminary Injunction by KASPERSKY LAB, INC., KASPERSKY LABS LIMITED 10 MOTION for Preliminary Injunction filed by KASPERSKY LABS LIMITED, KASPERSKY LAB, INC.. (Attachments: # 1 Declaration of Angelo Gentile - Final Page)(Chasin, Steven)
January 23, 2018 Opinion or Order MINUTE ORDER. On January 22, 2018, the Court held a teleconference on the record in this matter regarding Plaintiff's 10 Motion for Preliminary Injunction. As agreed during that teleconference, Defendant shall file the administrative record and an opposition to Plaintiff's motion for preliminary injunction by no later than FEBRUARY 5, 2018. That opposition may incorporate a motion to dismiss the complaint. Plaintiff shall file a reply by no later than FEBRUARY 12, 2018. Signed by Judge Colleen Kollar-Kotelly on 1/23/2018. (lcckk3)
January 23, 2018 Set/Reset Deadlines: Defendant's Administrative Record due by 2/5/2018. Motion to dismiss due by 2/5/2018. Response to 10 due by 2/5/2018. Plaintiff's Reply due by 2/12/2018. (dot)
January 22, 2018 Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference held on 1/22/2018. (Court Reporter Timothy Miller.) (dot)
January 18, 2018 Opinion or Order MINUTE ORDER. The Court is in receipt of Plaintiff's 10 Motion for Preliminary Injunction. The Court will hold a teleconference with the parties on the record to establish a schedule for moving forward in this case on JANUARY 22, 2018 at 10:00 AM. The parties shall jointly, on a single line, call chambers at the telephone number that has been provided by e-mail. Signed by Judge Colleen Kollar-Kotelly on 1/18/2018. (lcckk3)
January 18, 2018 NOTICE of Hearing: Telephone Conference on the record set for 1/22/2018 at 10:00 AM in Chambers before Judge Colleen Kollar-Kotelly. (dot)
January 17, 2018 Filing 10 MOTION for Preliminary Injunction by KASPERSKY LAB, INC., KASPERSKY LABS LIMITED (Attachments: # 1 Memorandum in Support, # 2 Declaration of Angelo Gentile, # 3 Declaration of Ryan P Fayhee, # 4 Exhibit A (Fayhee Declaration), # 5 Exhibit B (Fayhee Declaration), # 6 Exhibit C (Fayhee Declaration), # 7 Exhibit D (Fayhee Declaration), # 8 Exhibit E (Fayhee Declaration), # 9 Exhibit F (Fayhee Declaration), # 10 Exhibit G (Fayhee Declaration), # 11 Exhibit H (Fayhee Declaration), # 12 Exhibit I (Fayhee Declaration), # 13 Exhibit J (Fayhee Declaration), # 14 Exhibit K (Fayhee Declaration), # 15 Exhibit L (Fayhee Declaration), # 16 Exhibit M (Fayhee Declaration), # 17 Exhibit N (Fayhee Declaration), # 18 Exhibit O (Fayhee Declaration), # 19 Notice of Request for Expedited Hearing and Statement of Facts Making Expedition Essential, # 20 Text of Proposed Order)(Chasin, Steven)
January 17, 2018 Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KIRSTJEN M. NIELSEN served on 12/26/2017 (Chasin, Steven)
January 17, 2018 Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 12/26/2017 (Chasin, Steven)
January 17, 2018 Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/26/2017. (Chasin, Steven)
January 16, 2018 Filing 6 NOTICE of Appearance by Sam M. Singer on behalf of All Defendants (Singer, Sam)
December 20, 2017 Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/20/2017. Answer due for ALL FEDERAL DEFENDANTS by 2/18/2018. (Chasin, Steven)
December 20, 2017 Filing 4 SUMMONS (4) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, KIRSTJEN M. NIELSEN, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(sth)
December 19, 2017 Opinion or Order Filing 3 ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/19/17. (DM)
December 18, 2017 Case Assigned to Judge Colleen Kollar-Kotelly. (zsth)
December 18, 2017 Filing 2 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by KASPERSKY LAB, INC., KASPERSKY LABS LIMITED (Chasin, Steven) (Main Document 2 replaced on 12/20/2017) (ztd).
December 18, 2017 Filing 1 COMPLAINT against DEPARTMENT OF HOMELAND SECURITY, KIRSTJEN M. NIELSEN ( Filing fee $ 400 receipt number 0090-5252580) filed by KASPERSKY LAB, INC., KASPERSKY LABS LIMITED. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Department of Homeland Security, # 3 Summons Kirstjen Nielsen, Secretary of DHS, # 4 Summons US Attorney General, # 5 Summons US Attorney for the District of Columbia)(Chasin, Steven) (Attachment 1 replaced on 12/20/2017) (sth).

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Plaintiff: KASPERSKY LAB, INC.
Represented By: Steven Michael Chasin
Represented By: Ryan P. Fayhee
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Plaintiff: KASPERSKY LABS LIMITED
Represented By: Steven Michael Chasin
Represented By: Ryan P. Fayhee
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Defendant: DEPARTMENT OF HOMELAND SECURITY
Represented By: Sam M. Singer
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Defendant: KIRSTJEN M. NIELSEN
Represented By: Sam M. Singer
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