John Doe, et al v. John Ashcroft, et al
Case Number: 1:2004cv02614
Filed: April 6, 2004
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Victor Marrero
Nature of Suit: Civil Rights: Other
Cause of Action: 18 U.S.C. § 2709 Counterintelligence access to telephone toll and transactional records
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 30, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 30, 2010 Opinion or Order Filing 204 STIPULATION AND ORDER OF DISMISSAL OF ACTION: This action shall be, and hereby is, dismissed with prejudice pursuant to Rule 41(a)(2) of the F.R.C.P. Plaintiffs hereby agree that they will not reinstate their appeal from this Court's 10/20/09 and 3/18/2010 Decisions and Order (Docket No. 10-2052), and as further set forth in this Order. (Signed by Judge Victor Marrero on 7/30/2010) (tro)
July 29, 2010 Opinion or Order Filing 203 TRUE COPY ORDER of USCA as to 201 Notice of Appeal filed by John Doe, American Civil Liberties Union, American Civil Liberties Union Foundation USCA Case Number 10-2052....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 07/28/2010. (nd)
July 1, 2010 Opinion or Order Filing 202 SEALED DOCUMENT placed in vault.(cb)
May 19, 2010 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 201 Notice of Appeal. (js)
May 19, 2010 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 201 Notice of Appeal. (js)
May 19, 2010 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 176 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, 182 Order, Terminate Motions, 153 Endorsed Letter, 170 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, 130 Notice of Appearance, filed by American Library Association, American Booksellers Foundation for Free Expression, American Association of Publishers, Inc., Pen American Center, Freedom to Read Foundation, Inc., 196 Endorsed Letter, Set Deadlines/Hearings, 165 Appeal Record Sent to USCA - Index, 184 Endorsed Letter, 160 Memorandum & Opinion, 171 Endorsed Letter, Set Scheduling Order Deadlines, 185 MOTION for Reconsideration. filed by American Civil Liberties Union, American Civil Liberties Union Foundation, 175 Order on Motion for Disclosure, 129 Memorandum of Law in Support of Motion, filed by American Library Association, American Booksellers Foundation for Free Expression, American Association of Publishers, Inc., Pen American Center, Freedom to Read Foundation, Inc., 197 Order, Terminate Motions, 201 Notice of Appeal filed by John Doe, American Civil Liberties Union, American Civil Liberties Union Foundation, 181 USCA Mandate, 180 Endorsed Letter, 166 Endorsed Letter, Set Motion and R&R Deadlines/Hearings, 178 Endorsed Letter, 187 Endorsed Letter, 191 Endorsed Letter, Set Scheduling Order Deadlines, 189 Order, Set Deadlines/Hearings, Terminate Motions, were transmitted to the U.S. Court of Appeals. (js)
May 17, 2010 Opinion or Order Filing 201 NOTICE OF APPEAL from 182 Order, Terminate Motions, 197 Order, Terminate Motions. Document filed by American Civil Liberties Union Foundation, John Doe, American Civil Liberties Union. Filing fee $ 455.00, receipt number E 904250. (js)
March 29, 2010 Opinion or Order Filing 200 SEALED DOCUMENT placed in vault.(jri)
March 29, 2010 Opinion or Order Filing 199 SEALED DOCUMENT placed in vault.(jri)
March 19, 2010 Opinion or Order Filing 198 SEALED DOCUMENT placed in vault.(nm)
March 18, 2010 Opinion or Order Filing 197 DECISION AND ORDER: For the reasons stated above, it is hereby ORDERED that motion (Docket No. 185) of plaintiffs John Doe ("Doe"), the American Civil Liberties Union, and the American Civil Liberties Union Foundation (collectively, "Plaintiffs") to lift the nondisclosure requirement of the National Security Letter ("NSL") Attachment issued to Doe is GRANTED in part and DENIED in part. Eric Holder, in his official capacity as Attorney General of the United States, Robert Mueller, in his official capacity as Director of the Federal Bureau of Investigation, and Valerie E. Caproni, in her official capacity as General Counsel to the Federal Bureau of Investigation (collectively, "Defendants") are hereby permitted to enforce the nondisclosure provisions of 18 U.S.C. § 2709(c) and 18 U.S.C. § 35ll(b) as applied to parties of the NSL Attachment with the exception of the disclosures authorized herein; and it is further ORDERED that the Clerk of Court is directed to file this Decision and Order on the public docket, withdraw any other pending motions and close this case. (Signed by Judge Victor Marrero on 3/17/2010) (jpo)
February 9, 2010 Opinion or Order Filing 196 ENDORSED LETTER: addressed to Judge Victor Marrero from Jeffrey Oestericher dated 2/8/2010 re: Counsel for Government requests that the in camera conference scheduled for Wednesday, February 10, 2010 be adjourned until a date next week that is convenient for the Court. ENDORSEMENT: request Granted. The in camera ex parte conference herein is adjourned to 2/18/2010 at 2:30 p.m. So Ordered. (Signed by Judge Victor Marrero on 2/8/2010) (js)
February 5, 2010 Opinion or Order Filing 195 MEMORANDUM OF LAW in Opposition to FBI's continued Suppression of the contents of the NSL Attachment. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (mro)
January 27, 2010 Opinion or Order Filing 194 SEALED DOCUMENT placed in vault.(nm)
January 20, 2010 Opinion or Order Filing 193 DECLARATION (Redacted)of Arthur M. Cummings II, Executive Assistant Director. (mro)
January 20, 2010 Opinion or Order Filing 192 MEMORANDUM OF LAW (Redacted) in Opposition to Plaintiff's to Lift the Nondisclosure Requirement as to the Attachment to the National Security Letter. Document filed by John Ashcroft, Marion Bowman, Alberto Gonzales, Robert Mueller. (mro)
January 20, 2010 Opinion or Order Filing 191 ENDORSED LETTER addressed to Judge Victor Marrero from Melissa Goodman dated 1/19/10 re: counsel for plaintiff write respectfully to request a brief extension of time to file their brief in response to the government's Memorandum of Law in Opposition to Plaintiff's Motion to Lift the Nondisclosure Requirement as to the Attachment to the National Security Letter provided to plaintiffs today. Plaintiffs' brief's currently due on Friday, January 22, 2010. We respectfully request that the time be extended to Wednesday, January 27, 2010. ENDORSEMENT: Request Granted. The time for plaintiff to respond to the Government's opposition to plaintiff's motion to left the non disclosure of the attachment to the National Security Letter herein is extended to 1/27/10. (Signed by Judge Victor Marrero on 1/19/10) (pl) Modified on 1/20/2010 (pl).
January 15, 2010 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Motion Hearing held on 1/15/2010 re: [Motion for Reconsideration. Government to file documents by 1/18; plaintiff to respond by 1/22. (mro)
January 8, 2010 Opinion or Order Filing 190 MOTION for Laurence M. Schwartztol to Withdraw as Attorney. Document filed by American Civil Liberties Union Foundation.(mbe)
December 28, 2009 Opinion or Order Filing 189 MEMO ENDORSEMENT on 185 PLAINTIFFS' MOTION FOR PARTIAL RECONSIDERATION OF THIS COURT'S OCTOBER 20, 2009 ORDER. ENDORSEMENT: Request GRANTED. A status conference herein is scheduled for 1/15/2010 at 2:00 pm to address the matter described above by Plaintiffs. The Court will hear any further arguments the parties may have for the record in in connection with the instant motion. (Signed by Judge Victor Marrero on 12/23/2009) (jpo) Modified on 1/5/2010 (jpo).
December 1, 2009 Opinion or Order Filing 188 REPLY MEMORANDUM OF LAW in Support re: 185 PLAINTIFFS' MOTION for Partial Reconsideration of this Court's 10/20/09 Order. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (mbe)
November 23, 2009 Opinion or Order Filing 187 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey Oestericher dated 11/19/09 re: counsel requests that the Court direct that the enclosed Memorandum of Law be filed on the public docket. ENDORSEMENT: Request Granted. The Clerk of Court is directed to enter in the public record of this matter the Government's Memorandum of Law in Opposition to plaintiff's motion for partial reconsideration of this Court's October 20, 2009 Order. (Signed by Judge Victor Marrero on 11/20/09) (djc)
November 18, 2009 Opinion or Order Filing 186 SEALED DOCUMENT placed in vault.(nm)
November 12, 2009 Opinion or Order Filing 185 PLAINTIFFS' MOTION for Partial Reconsideration of this Court's 10/20/09 Order. *Redacted Memorandum in Support of Plaintiffs' Motion for Partial Reconsideration of this Court's 10/20/09 Order attached hereto. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. *Docketed pursuant to [D.E. 184]. (tro)
November 12, 2009 Opinion or Order Filing 184 ENDORSED LETTER addressed to Judge Victor Marrero from Benjamin H. Tarrance dated 11/10/09 re: Counsel enclose a redacted copy of the plaintiffs' motion for reconsideration and memorandum of law dated 11/3/09 and request that it be filed on the public docket. ENDORSEMENT: Request GRANTED. The Clerk of Court is directed to file in the public record of this action the plaintiffs' motion for reconsideration dated 11/3/09 with the redacted version of the NSL Attachment. (Signed by Judge Victor Marrero on 11/12/09) (tro)
November 6, 2009 Opinion or Order Filing 183 SEALED DOCUMENT placed in vault.(nm)
October 20, 2009 Opinion or Order Filing 182 ORDER: For the reasons stated above, it is hereby ORDERED that motion (Docket No. 178) of plaintiffs John Doe ( "Doe" ), the American Civil Liberties Union, and the American Civil Liberties Union Foundation (collectively, "Plaintiffs") to lift the nondisclosure requirement of the National Security Letter issued to Doe is DENIED. Defendants Eric Holder, in his official capacity as Attorney General of the United states, Robert Mueller, in his official capacity as Director of the Federal Bureau of Investigation, and Valerie E. Caproni, in her official capacity as General Counsel to the Federal Bureau of Investigation (collectively, "Defendants") are hereby permitted to enforce the nondisclosure provisions of 18 U.S.C. § 2709(C) and 18 U.S.C. § 3511(b) as applied to the National Security Letter issued to Doe; and it is further ORDERED that motion (Docket No. 134) of plaintiffs for partial summary judgment is DENIED in part; and it is further ORDERED that motion (Docket No. 144) of defendants for summary judgment is GRANTED in part; and it is finally ORDERED that the Clerk of Court is directed to file this Decision and Order on the public docket, withdraw any other pending motions and close this case. (Signed by Judge Victor Marrero on 10/20/2009) (jpo)
September 24, 2009 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: 181 USCA Mandate,. (nd)
September 21, 2009 Opinion or Order Filing 181 MANDATE (Duplicate) of USCA (Certified Copy) as to 164 Notice of Appeal filed by Robert Mueller USCA Case Number 07-4943-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in part, VACATED in part and REMANDED in part for further proceedings in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 3/11/2009. (nd) Modified on 9/24/2009 (nd).
September 18, 2009 Opinion or Order Filing 180 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey Oestericher dated 9/16/2009 re: The parties respectfully request that the Court memo endorse this letter to indicate to the Clerk of the Court that the redacted version may be filed. ENDORSEMENT: Request GRANTED. The Clerk of Court is directed to file the redacted version of the Government's Opposition to Plaintiff's motion to lift the Nondisclosure Requirement of the NSL herein in the public docket of this case. So Ordered. (Signed by Judge Victor Marrero on 9/17/2009) (jfe)
September 16, 2009 Opinion or Order Filing 179 SEALED DOCUMENT placed in vault.(jri)
September 10, 2009 Opinion or Order Filing 178 ENDORSED LETTER addressed to Judge Victor Marrero from Benjamin H. Torrance dated 9/9/2009 re: AUSA writes to inform the Court that enclosed with this letter are redacted copies of the plaintiff's memorandum of law and 2 declarations filed on 8/21/2009 and that one set of these papers are courtesy copies and requests that the other set be filed on the public docket. ENDORSEMENT: Request GRANTED. The Clerk of Court is directed to file the documents attached hereto in the public docket of this action, constituting plaintiffs; opposition to continuation of the NSL's Gag Order. SO ORDERED. (Signed by Judge Victor Marrero on 9/9/2009) (tve)
August 14, 2009 Opinion or Order Filing 177 NOTICE OF APPEARANCE by Laurence Michael Schwartztol on behalf of American Civil Liberties Union Foundation, American Civil Liberties Union (mro)
August 11, 2009 Opinion or Order Filing 176 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey Destericher dated 8/10/2009 re: The parties respectfully request that plaintiffs' response papers be due on August 21, 2009 and that defendants' reply papers be due on September 11, 2009 in connection with plaintiffs' challenge to the continuing need for non-disclosures of the National Security letter served upon plaintiff Doe. ENDORSEMENT: Request GRANTED. The briefing schedule with regard to the challenging the non-disclosure of the NSL herein is extended as set forth herein response 8/21/09, reply 9/11/09. So ordered. (Signed by Judge Victor Marrero on 8/11/2009) (jfe)
August 5, 2009 Opinion or Order Filing 175 DECISION AND ORDER: For the reasons stated above, it is hereby ORDERED that motion (Docket No. 168) of plaintiffs herein for an order directing disclosure of a declaration dated June 16, 2009 (the "Declaration") filed ex parte, in camera and under seal by defendants (the "Government") on June 17, 2009 containing classified information relating to this action, or in the alternative, for an unclassified summary of the Declaration, is granted in part and denied in part; and it is hereby ORDERED that the Government disclose to plaintiffs the unclassified summary and redacted version of the Declaration and the deletion key submitted to the Court by the Government by letter dated August 3, 2009. (Signed by Judge Victor Marrero on 8/5/2009) (jfe)
July 22, 2009 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Status Conference held on 7/22/2009. Ex parte conference held with government. (tro)
July 15, 2009 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Status Conference held on 7/15/2009. Judge informed the parties that he intends to hold an ex parte conference with the government. Plaintiffs consented. (tro)
July 13, 2009 Opinion or Order Filing 174 REPLY MEMORANDUM OF LAW in Support re: 168 MOTION for Disclosure of government's Ex Parte filing or, in the alternative, to require the government to produce an unclassified summary. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (mbe)
July 8, 2009 Opinion or Order Filing 173 DECLARATION of Brenda L. Heck authorized in writing by the Assistant Director, Security Division, FBI, to make classification decisions. Document filed by John Ashcroft, Marion Bowman, Alberto Gonzales, Robert Mueller. (pl)
July 8, 2009 Opinion or Order Filing 172 MEMORANDUM OF LAW in Opposition re: 168 MOTION for Disclosure.. Document filed by John Ashcroft, Marion Bowman, Alberto Gonzales, Robert Mueller. (pl)
June 29, 2009 Opinion or Order Filing 171 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey Oestericher dated 6/26/09 re: I write respectfully to request an eight-day extension, from June 30, 2009 to July 8, 2009, to respond to Plaintiffs' Motion for Disclosure of Government's Ex Parte Filing or, in the Alternative, to Require the Government to Produce an Unclassified Summary. ENDORSEMENT: Request Granted. The Governments time to respond to plaintiffs for disclosure of Government's Ex parte Filing or extended to 7-8-9. (Signed by Judge Victor Marrero on 6/26/09) (pl)
June 25, 2009 Opinion or Order Filing 170 ENDORSED LETTER addressed to Judge Victor Marrero from Melissa Goodman dated 6/24/09 re: Counsel submits a courtesy copy of the following documents, which were filed with the clerk's office on 6/24/09 (1) Plaintiffs' Motion for Disclosure of Government's Ex Parte Filing or, in the Alternative, to Require the Government to Produce an Unclassified Summary; and (2) Plaintiffs' Memorandum in Support of the same motion. ENDORSEMENT: The Government is directed to respond by 6/30/09 to the motion of plaintiff set forth above., Set Deadlines/Hearing as to 168 MOTION for Disclosure:( Responses due by 6/30/2009) (Signed by Judge Victor Marrero on 6/25/09) (tro)
June 24, 2009 Opinion or Order Filing 169 MEMORANDUM OF LAW in Support re: 168 MOTION for Disclosure of government's Ex Parte filing or, in the alternative, to require the government to produce an unclassified summary. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (mbe)
June 24, 2009 Opinion or Order Filing 168 MOTION for Disclosure of government's Ex Parte filing or, in the alternative, to require the government to produce an unclassified summary. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(mbe)
June 18, 2009 Opinion or Order Filing 167 DECLARATION of Jeffrey Oestericher. Document filed by John Ashcroft, Marion Bowman, Alberto Gonzales, Robert Mueller. (mbe)
May 27, 2009 Opinion or Order Filing 166 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey Oestericher dated 5/22/2009 re: The Government respectfully requests that the Court approve the following schedule: Government's papers in support of the continuing need for nondisclosure of the National Security Letter due 6/17/2009; plaintiffs' papers in response due on 7/1/2009. ENDORSEMENT: Request GRANTED. The briefing schedule with regard to the motion for an order of nondisclosure herein is extended as set forth herein: motion papers submitted by 6-17-09; response 7-1-09. SO ORDERED. (Signed by Judge Victor Marrero on 5/26/2009) (tve)
December 6, 2007 Opinion or Order Filing 165 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 164 Notice of Appeal filed by Robert Mueller USCA Case Number 07-4943-cv, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (dt).
November 5, 2007 Opinion or Order Filing 164 NOTICE OF APPEAL from 162 Clerk's Judgment. Document filed by Peter d. Keisler, Robert Mueller, and Valerie E. Caproni. Copies mailed to attorney(s) of record: American Civil Liberties Union Foundation. (tp)
November 5, 2007 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 164 Notice of Appeal. (tp)
November 5, 2007 Opinion or Order Appeal Remark as to 164 Notice of Appeal filed by Robert Mueller. NO FEE. A.U.S.A. (tp)
November 5, 2007 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 164 Notice of Appeal. (tp)
September 25, 2007 Opinion or Order Filing 163 TRANSCRIPT of proceedings held on 8/15/07 before Judge Victor Marrero. (jbe)
September 7, 2007 Opinion or Order Mailed notice of Right to Appeal re: 162 Clerk's Judgment, to Attorney(s) of Record: Ann Beeson, Ronald Marc Daignault, Arthur N. Eisenberg, Melissa Goodman, Jameel Jaffer, Meredith Eve Kotler, Sharon M. McGowan, Jeffrey Stuart Oestericher. (tve)
September 7, 2007 Opinion or Order Filing 162 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion Decision and Order dated September 6, 2007, plaintiffs motion for summary judgment is granted in part and denied in part; defendants are enjoined from issuing national security letters under 18 U.S.C. § 2709, or from enforcing the provisions of 18 U.S.C. § 2709(c)and 18 U.S.C. §3511(b); defendants motion to dismiss, or in the alternative, for summary judgment is denied; and the enforcement of the judgment is stayed pending any appeal, or, if no appeal is filed, for 90 days from the date of the Opinion Decision and Order dated September 6, 2007; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 9/7/07) (ml)
September 6, 2007 Opinion or Order Filing 161 TRANSCRIPT of proceedings held on 8/15/07 before Judge Victor Marrero. (jbe)
September 6, 2007 Opinion or Order Filing 160 OPINION DECISION AND ORDER #95142, denying re: 144 MOTION to Dismiss, filed by Alberto Gonzales, Robert Mueller; granting in part and denying in part 134 MOTION for Summary Judgment, filed by American Civil Liberties Union, American Civil Liberties Union Foundation. The Clerk of Court shall file this Decision and Order on the public docket. The Clerk of Court shall enter judgment accordingly but stay enforcement of the judgment pending any appeal, or, if no appeal is filed, for 90 days from the date of this Order. The Clerk of Court is directed to close this case. (Signed by Judge Victor Marrero on 9/6/07) (cd) Modified on 9/6/2007 (Espinell, Antonia).
September 6, 2007 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: 160 Memorandum & Opinion,,, to the Judgments and Orders Clerk. (cd)
May 2, 2007 Opinion or Order Filing 159 MEMO ENDORSEMENT on motion for Ann Beeson to withdraw as counsel for plaintiffs. So Ordered. motion granted. Atty. Ann Beeson may withdraw as counsel to plaintiffs herein. (Signed by Judge Victor Marrero on 5/1/07) (pl)
February 27, 2007 Opinion or Order Filing 158 REPLY MEMORANDUM OF LAW in Opposition to plaintiffs' motion for partial summary judgment and in Support of the Government's motion to dismiss or for Summary judgment. Document filed by Marion Bowman, Alberto Gonzales, Robert Mueller. (dfe)
February 2, 2007 Opinion or Order Filing 156 (REDACTED VERSION-see 153 Order)RULE 56.1(b) STATEMENT. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (db)
February 2, 2007 Opinion or Order Filing 155 (REDACTED VERSION-see 153 Order) REPLY MEMORANDUM OF LAW in Support of Motion for Partial Summary Judgment and in Opposition to the Government's Motion to Dismiss or for Summary Judgment. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (db)
January 23, 2007 Opinion or Order Filing 153 ENDORSED LETTER addressed to Judge Marrero from Jeffrey Cestericher dated 1/19/07 re: submission of redacted version of plaintiff's reply papers in support of the motion for summary jdugment and in opposition to the Government's cross-motion to dismiss or for summary judgment. In order to allow the parties to file the redacted version of plaintiff's papers on the public docket, the parties requests that the Court memo endorse this letter to indicate to the clerk of the court that the redacted version may be filed. The Clerk of Court is directed to accept for filing the recacted version of the reply paeprs to the motion for summary judgment herein.. (Signed by Judge Victor Marrero on 1/23/07) (djc)
December 13, 2006 Opinion or Order Filing 149 MEMO ENDORSEMENT on re: 143 MOTION for Leave to File. filed by American Civil Liberties Union Foundation, American Civil Liberties Union; So Ordered. Request Granted. Plaintiff are authorized to submit a brief of up to 35 pages in response to the motion for summary judgment herein. (Signed by Judge Victor Marrero on 12/11/06) (pl, )
December 7, 2006 Opinion or Order Filing 143 MOTION for Leave to File to excees page limitations contained in rules II (B). Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (jmi, )
November 30, 2006 Opinion or Order Filing 148 MEMORANDUM OF LAW in Opposition to plaintiffs' 134 MOTION for Summary Judgment. Document filed by Alberto Gonzales, Robert Mueller. (dle, )
November 30, 2006 Opinion or Order Filing 147 RULE 56.1 (a) STATEMENT. Document filed by Alberto Gonzales, Robert Mueller. (dle, )
November 30, 2006 Opinion or Order Filing 146 RULE 56.1 STATEMENT. Document filed by Alberto Gonzales, Robert Mueller. (dle, )
November 30, 2006 Opinion or Order Filing 145 DECLARATION of Jeffrey Oestericher. Document filed by Alberto Gonzales, Robert Mueller. (dle, )
November 30, 2006 Opinion or Order Filing 144 MOTION for an order dismissing the complaint for failure to state a claim upon which relief can be granted or in the alternative, granting summary judgment in favor of the government, purs. to FRCP 12(b)(6) and 56. Document filed by Alberto Gonzales, Robert Mueller. (dle, )
October 13, 2006 Opinion or Order Filing 139 (REDACTED) RULE 56.1 STATEMENT. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (ae, )
October 13, 2006 Opinion or Order Filing 138 (REDACTED) MEMORANDUM OF LAW in Support re: 134 MOTION for Summary Judgment.. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (ae, )
September 29, 2006 Opinion or Order Filing 132 MEMORANDUM OF LAW in Support re: 59 MOTION for Summary Judgment.. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union, American Association of Publishers, Inc., American Booksellers Foundation for Free Expression, American Library Association, Freedom to Read Foundation, Inc., Pen American Center. (jmi, )
September 29, 2006 Opinion or Order Filing 131 ENDORSED LETTER addressed to Judge Victor Marrero from Stephen Kass dated 9/27/06 re: counsel requests in lieu of filing a formal motion, prmission to submit an amicus brief on that date. Request granted. The Association of The Bar of the City of New York is authorized to file a brief as amicus curiae in this action. No motionshall be necessary for this purpose. (Signed by Judge Victor Marrero on 9/27/06) (dle, )
September 29, 2006 Opinion or Order Filing 130 NOTICE OF APPEARANCE by Ronald Marc Daignault on behalf of American Association of Publishers, Inc., American Booksellers Foundation for Free Expression, American Library Association, Freedom to Read Foundation, Inc., Pen American Center (Daignault, Ronald)
September 29, 2006 Opinion or Order Filing 129 MEMORANDUM OF LAW in Support re: 126 MOTION for leave to exceed page limitations contained in Rule II(B). in Support of Plaintiffs' Motion for Partial Summary Judgment and Plaintiffs' Petition to Set Aside Demand for Records. Document filed by American Association of Publishers, Inc., American Booksellers Foundation for Free Expression, American Library Association, Freedom to Read Foundation, Inc., Pen American Center. (Daignault, Ronald)
September 26, 2006 Opinion or Order Filing 137 REDACTED RULE 56.1 STATEMENT. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (jco, )
September 26, 2006 Opinion or Order Filing 136 REDACTED DECLARATION and EXHIBITS in Support re: 134 MOTION for Summary Judgment. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (jco, )
September 26, 2006 Opinion or Order Filing 135 REDACTED MEMORANDUM OF LAW in Support re: 134 MOTION for Summary Judgment. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (jco, )
September 26, 2006 Opinion or Order Filing 134 REDACTED MOTION for Summary Judgment. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (jco, )
September 26, 2006 Opinion or Order Filing 128 ENDORSED LETTER addressed to Judge Victor Marrero from Michael J. Garcia dated 9/22/06 re: Request that the Court memo endorse this letter to indicate to the Clerk of the Court that the redacted version may be filed. ENDORSEMENT: Request GRANTED. Plintiff's are authorized to file the redacted version of their papers with regard to their motion for summary judgment therein. Defendants redacted response may similarly be filled as well as any reply. (Signed by Judge Victor Marrero on 9/25/06) (js, )
September 21, 2006 Opinion or Order Filing 127 ENDORSED LETTER addressed to Judge Victor Marrero from Ronald M. Daignault dated 9/20/2006 re: proposed filing date of 9/29/2006. ENDORSEMENT: Request Granted. The organizations referral to above are authorized to submit a brief as amici curiae in this case. So Ordered. (Signed by Judge Victor Marrero on 9/21/2006) (lb, )
September 12, 2006 Opinion or Order MEMO ENDORSEMENT on re: 126 MOTION for leave to exceed page limitations contained in Rule II(B) filed by American Civil Liberties Union Foundation, American Civil Liberties Union. ENDORSEMENT: Request Granted. Plaintiffs herein are authorized to submit a brief in connection with their motion for summary judgment which may exceed the page limitations in the Court's Individual Practices, but shall not total more than 50 pages. Defendant's response may similarly exceed the limitation. Any reply shall not exceed 20 pages. So Ordered. (Signed by Judge Victor Marrero on 9/11/2006) (lb, )
August 31, 2006 Opinion or Order Filing 126 MOTION for leave to exceed page limitations contained in Rule II(B). Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (djc, )
August 30, 2006 Opinion or Order Filing 125 ENDORSED LETTER addressed to Judge Victor Marrero from Jameel Jaffer dated 8/29/06 re: counsel for plaintiff requests leave to exceed page limitations cotained i Rule II (B). Request granted. Plaintiff's have leave to file a brief in connection with their motion for summary judgment herein. This exceeds the limitations the court's Individual Practices, said brief not to exceed 50 pages. Dfts' response may be of equal length. Any reply shall not exceed 20 pages. (Signed by Judge Victor Marrero on 8/29/06) (dle, )
August 3, 2006 Opinion or Order Filing 122 NOTICE OF APPEARANCE by Melissa Goodman on behalf of American Civil Liberties Union Foundation, John Doe, American Civil Liberties Union (djc, )
August 3, 2006 Opinion or Order Filing 121 ENDORSED LETTER addressed to Judge Victor Marrero from Jameel Jaffer dated 7/31/06. ENDORSEMENT: Request GRANTED. The briefing schedule with regard to the motion for summary judgment herein is authorized as set forth herein; motion papers submitted by 9/8/06: Response 10/6/06: reply 10/20/06. If a cross motion is filed it shall be made on 10/6/06 response 10/20/06; reply 11/3/06. So Ordered. (Signed by Judge Victor Marrero on 8/2/06) (js, )
August 2, 2006 Opinion or Order Filing 124 REDACTED MOTION for Leave to File to file second amended complaint for declaratory and injunctive relief.. (jmi, )
July 28, 2006 Opinion or Order Filing 123 (DUPLICATE ORIGINAL) SECOND AMENDED COMPLAINT amending 9 Complaint against Marion Bowman(in his official capacity as Senior Counsel to the Federal Bureau of Investigations), Alberto Gonzales, Robert Mueller(in his official capacity as Director of the Federal Bureau of Investigation).Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. Related document: 9 Complaint filed by American Civil Liberties Union,.(ae, )
May 30, 2006 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: 117 USCA Mandate,. (nd, )
May 26, 2006 Opinion or Order Filing 117 MANDATE of USCA (Certified Copy) as to 80 Notice of Appeal, filed by John Ashcroft,, Robert Mueller,, Marion Bowman, USCA Case Number 05-0570-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED, and the case REMANDED for further proceedings. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 5/23/2006. (nd, )
April 25, 2005 Opinion or Order Filing 113 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 80 Notice of Appeal, filed by John Ashcroft, Robert Mueller, Marion Bowman, USCA Case Number 05-0570, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp, )
April 13, 2005 Opinion or Order Filing 112 LETTER addressed to Judge Victor Marrero from Ann Beeson dated 8/31/04 re: Counsel for plaintiffs write in response to The Government's letter of 8/25/04. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05)(jco, )
April 13, 2005 Opinion or Order Filing 111 LETTER addressed to Jeffrey S. Oestericher from Ann Beeson dated 9/3/04 re: Counsel for plaintiffs write to reguarding redactions.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05) (jco, )
April 13, 2005 Opinion or Order Filing 110 LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 8/25/04 re: The Government writes in support of the disputed redactions. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05)(jco, )
April 13, 2005 Opinion or Order Filing 109 LETTER addressed to Judge Victor Marrero from Ann Beeson dated 8/11/04 re: Counsel for plaintiffs writes this letter to clarify the record with respect to certain assertions in defendants' letter of August 10th to the Court requesting the extension. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05)(jco, )
April 13, 2005 Opinion or Order Filing 108 LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 8/10/04 re: The Government writes to request that its time to write in support of disputed redactions in plaintiffs' recently-filed papers be extended until 8/25/04. Plaintiffs oppose this request. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05)(jco, )
April 13, 2005 Opinion or Order Filing 107 LETTER addressed to Judge Victor Marrero from Jemeel Jaffer dated 6/24/04 re: Counsel for plainitffs write to respond to the Government's request for an extension to the page limitation for the Government's memo. of law to be filed on June 28. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(jco, ).(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05)
April 13, 2005 Opinion or Order Filing 106 LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 6/24/04 re: The Government respectfully submits this letter to request an extension of the Court's 25-page limit for the Government's memorandum of law to be filed on 6/28/04. (jco, ) (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05)
April 13, 2005 Opinion or Order Filing 105 LETTER addressed to Judge Victor Marrero from Ann Beeson dated 6/2/04 re: Counsel for plaintiffs write in response to the Government's letter in support of disputed redacations in plaintiffs' summary judgment pleadings. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, )
April 13, 2005 Opinion or Order Filing 104 LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 5/27/04 re: Government writes in support of the disputed redactions sought. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, )
April 13, 2005 Opinion or Order Filing 103 LETTER addressed to Judge Victor Marrero from Ann Beeson dated 5/25/04 re: Counsel for plaintiff write to inform the Court that plaintiff American Civil Liberties Union Foundation (ACLU) inadvertently disclosed five words that are subject to the Court's sealing order. Document filed by American Civil Liberties Union. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, )
April 13, 2005 Opinion or Order Filing 102 LETTER addressed to Judge Victor Marrero from Ann Beeson dated 5/14/04 re: Counsel for plaintiffs submit this letter in response to the government's letter of 5/12/04. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, )
April 13, 2005 Opinion or Order Filing 101 LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 5/12/04 re: Government writes to request that the redactions remain, except as proposed in this letter. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, )
April 13, 2005 Opinion or Order Filing 100 LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 5/7/04 re: Government writes to sumbit tha the enclosed proposal (as described in a proposed Order and in correspondence to the ACLU) should govern future disclosures in this case. (jco, ) (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).
April 13, 2005 Opinion or Order Filing 99 LETTER addressed to Judge Victor Marrero from Judge Meredith E. Kotler dated 5/7/04 re: Counsel for defendant writes to respond to the last paragraph of plaintiff's 5/6/04 letter to the Court. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, )
April 13, 2005 Opinion or Order Filing 98 LETTER addressed to Judge Victor Marrero from Ann Beeson dated 5/6/04 re: The ACLU respectfully asks the Court to enter an order amended the sealing order and adopting the ACLU disclosure proposal. (jco, ) (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).
April 13, 2005 Opinion or Order Filing 97 LETTER addressed to Judge Victor Marrero from Jameel Jaffer dated 4/30/04 re: Counsel writes in response to the Government's 4/30/04 letter in the matter to clarify what appears to be a point of confusion. (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, )
April 13, 2005 Opinion or Order Filing 96 LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 4/30/04 re: The Government writes to submit that the ACLU's motion to generally lift the seal in this case at this time is inappropriate. If the Court will entertain the ACLU's motion to unseal, the Government respectfully requests that is be given ten business days, until 5/14/04, to respond to the motion, as provided by Local Civil Rule 6.1(b). PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, )
April 13, 2005 Opinion or Order Filing 95 LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 4/29/04 re: Counsel for The Government writes this letter to request that the Court direct the ACLU to remove immediately from its website any mention of the briefing schedule in this case, and the language describing the specific information requested in the challenged NSL. (jco, ) (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).
April 13, 2005 Opinion or Order Filing 94 LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 4/26/04 re: Counsel for Government writes to propose the following briefing schedule: plaintiffs' summary judgment motion to be filed by 5/17/04; opposition due 6/7/04; reply papers 6/28/04; Gov't reply papers in support of its motion 7/19/04. (jco, ) (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).
April 13, 2005 Opinion or Order Filing 93 SECOND DECLARATION of Ann Beeson. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (jco, )
April 13, 2005 Opinion or Order Filing 92 DECLARATION of Meredith Kotler. Document filed by John Ashcroft, Robert Mueller, Marion Bowman.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (jco, )
April 13, 2005 Opinion or Order Filing 91 RULE 56.1(a) STATEMENT. Document filed by John Ashcroft, Robert Mueller, Marion Bowman. (jco, )
April 13, 2005 Opinion or Order Filing 90 MEMORANDUM OF LAW in Support re: 59 MOTION for Summary Judgment. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (jco, )
April 13, 2005 Opinion or Order Filing 89 RULE 56.1 STATEMENT. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (jco, )
April 13, 2005 Opinion or Order Filing 88 MEMORANDUM OF LAW in Support re: 87 MOTION to Unseal Case. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (jco, )
April 13, 2005 Opinion or Order Filing 87 MOTION to Unseal Case. Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). (jco, )
April 13, 2005 Opinion or Order Filing 86 LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 4/19/04 re: Counsel on behalf of the parties write to inform the Court that the Government contemplates moving to dismiss the complaint or, in the alternative, for summary judgement in its favor, in lieu of answering. (jco, ) (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).
April 13, 2005 Opinion or Order Filing 85 NOTICE of Initial Conference. (jco, )(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).
April 13, 2005 Opinion or Order Filing 84 AMENDED COMPLAINT amending 9 Complaint against John Ashcroft, Robert Mueller, Marion Bowman.Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. Related document: 9 Complaint filed by American Civil Liberties Union.(PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).(jco, )
April 13, 2005 Opinion or Order Filing 82 ORDER The Clerk of Court is directed to place each of the attached documents on the public docket. Each document shall be separately numbered and discribed, and each shall bear the following caption on the docket sheet: (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05). So Ordered. (Signed by Judge Victor Marrero on 4/12/05) (jco, )
April 11, 2005 Opinion or Order Filing 83 ORDER on plaintiffs' motion for leave to file under seal be granted. (Signed by Judge Thomas P. Griesa on 4/11/05) (jco, ) (PLACED ON PUBLIC DOCKET PER ORDER DATED 4/12/05).
April 7, 2005 Opinion or Order Filing 81 USCA SCHEDULING ORDER as to 80 Notice of Appeal, filed by John Ashcroft, Robert Mueller, Marion Bowman, USCA Case Number 05-0570-cv. Roseann B. MacKechnie, Clerk USCA. Certified: 3/24/05. Appeal Record due by 5/17/2005. Appellant Brief due by 5/24/2005. Appellee Brief due by 7/25/2005. (tp, )
February 2, 2005 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 80 Notice of Appeal,. (pr, )
February 2, 2005 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 80 Notice of Appeal,. (pr, )
February 1, 2005 Opinion or Order Filing 79 ORDER...(Duplicate Original) It is ORDERED that the annexed document, employing the public docket caption, shall be filed on the pbulic docket and shall be described on the docket as follows: 1) Notice of Appeal, dated 11/23/04. It is further ORDERED that this Order shall be filed on the public. (Signed by Judge Victor Marrero on 11/24/04) (rag, )
January 25, 2005 Opinion or Order Filing 78 ORDER...the annexed documents, employing the public docket caption for this cse, were erroneously filed under seal. The Clerk of the Court is hereby ordered to file the attached documents on the public docket, and to describe them on the docket as follows: 1) Notice of Appeal, dated 11/23/04; 2) Order authorizing public filing of Notice of Appeals, dated 11/24/04. (Signed by Judge Victor Marrero on 1/24/05) "copies faxed by chambers".(rag, )
January 25, 2005 Opinion or Order Filing 77 ORDER; that plaintiffs may file documents on the public docket that reflect undisputed alterations to the reactions previously approved by the parties or the Court. While no prior permission from the Court shall be necessary for documents reflecting these undisputed alterations to be publicly filed, the parties are directed to follow the procedures outlined in paragraph two of the Court's Order dated 5/12/04, and reported at 317 F. Supp. 2d 488, 492 (S.D.N.Y. 2004), in order to ensure that the publicly-filed versions of the redacted documents actually reflect agreed-upon alterations. The Court shall stay adjudication of any dispute over alterations to the redactions it has previously approved pending resolution of the Government's appeal of the Court's Decision and Order dated 9/28/04. Such stay, however, shall not prejudice any remedy that Plaintiffs may seek before the U.S. Court of Appeals for the Second Circuit related to the Court's prior sealing determination. (Signed by Judge Victor Marrero on 1/24/05) (pl, )
December 27, 2004 Opinion or Order Filing 76 SCHEDULING ORDER: Plaintiff supplemental brief due by 1/7/2005Supplemental Responses due by 1/18/2005 Supplemental Replies due by 1/24/2005. These supplemental briefs shall be filed under seal pending disposition of plaintiff's motion (Signed by Judge Victor Marrero on 12/22/2004) (jsa, )
November 24, 2004 Opinion or Order Filing 74 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey Oestericher dated 11/22/04; re: request granted, the time for the Government to respond to plaintiffs' motion for leave to file certain document herein is extended as follows: Responses due by 11/23/2004; Replies due by 12/3/2004. (Signed by Judge Victor Marrero on 11/22/04) (sac, )
November 23, 2004 Opinion or Order Filing 80 NOTICE OF APPEAL from 69 Memorandum & Opinion, Terminate Motions,,,,,,,,,,, 70 Clerk's Judgment,,. Document filed by John Ashcroft, Robert Mueller, Marion Bowman. Copies of Notice of Appeal mailed to Attorney(s) of Record: Jameel Jaffer, Ann Beeson, Sharon McGowan. (USA NO FEE DUE) (pr, )
November 19, 2004 Opinion or Order Filing 72 ENDORSED LETTER addressed to Judge Marrero from Ann Beeson dated 11/5/2004 re: The Government is directed to respond by 11/5/2004 to the request set forth in plaintiff's motion herein. (Signed by Judge Victor Marrero on 11/8/2004) (jsa, )
November 19, 2004 Opinion or Order Set Deadlines/Hearings: Responses due by 11/5/2004 (jsa, )
November 12, 2004 Opinion or Order Filing 71 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey Olstericher dated 11/11/04 re: granting the Gov'ts requests for an extension of time to 11/22/04 to respond to plaintiff's motion for leave to file certain docuemnts on the public docket. (Signed by Judge Victor Marrero on 11/12/04) (pl, )
October 15, 2004 Opinion or Order Mailed notice of Right to Appeal to Attorney(s) of Record: Ann Beeson, Arthur N. Eisenberg, Jameel Jaffer, Meredith E. Kotler. (snu, )
September 30, 2004 Opinion or Order Filing 70 CLERK'S JUDGMENT granting plaintiffs' motion for summary judgment, enjoining defendants from issuing national security letters under 18 U.S.C. ? 2709, or from enforcing the provisions of 18 U.S.C. ? 2709(c), denying defendants' motion to dismiss, or in the alternative, for summary judgment, denying plaintiffs' motion to exclude defendants' ex parte affidavit as moot, and staying enforcement of the judgment pending any appeal, or, if no appeal is filed, for 90 days from the date of the Opinion (90699) dated September 28, 2004. (Signed by J. Michael McMahon, clerk on 9/30/04) (ml, )
September 29, 2004 Opinion or Order Filing 69 MEMORANDUM AND OPINION # 90699...ORDERED that the motion of John Doe, the ACLU, and the American Civil Liberties Union Foundation for summary judgment in this case is granted. Defendants John Ashcroft, in his official capacity as Attorney General of the U.S., Robert Mueller, in his official capacity as Director of the FBI, and Marion Bowman, in his official capacity as Senior Counsel to the FBI, are hereby enjoined from issuing national security letters under 18 U.S.C. 2709, or from enforcing the provisions of 18 U.S.C. 2709, or from enforcing the provisions of 18 U.S.C. 2709(c); it is further ORDERED that defendants' motion to dismiss, or in the alternative, for summary judgment, is denied, it is further ORDERED that Plaintiffs' motion to exclude Defendants' ex parte affidavit is denied as moot;... it is further ORDERED that the Clerk of Court shall enter judgment accordingly but stay enforcement of the judgment pending any appeal, or, if no appeal is filed, or 90 days from the date of this Order. re: 59 MOTION for Summary Judgment. filed by John Doe, American Civil Liberties Union, 44 MOTION to Dismiss. filed by John Ashcroft, Robert Mueller, Marion Bowman, 56 MOTION Exclude Ex Parte Declaration Filed in Support of the Government's Cross-Motion to Dismiss the Complaint or for Summary Judgment. filed by John Doe, American Civil Liberties Union., Motions terminated: (Signed by Judge Victor Marrero on 9/28/04) (rag, )
September 29, 2004 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: 69 Memorandum & Opinion,,,,,, Terminate Motions,,,,,, to the Judgments and Orders Clerk for preparation of Judgment. (rag, )
September 14, 2004 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero : Interim Pretrial Conference held on 9/14/2004. (dle, )
September 10, 2004 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero : Interim Pretrial Conference held on 9/10/2004. (sac, )
September 10, 2004 Opinion or Order Filing 68 REPLY MEMORANDUM OF LAW in Support re: 59 MOTION for Summary Judgment.. Document filed by John Ashcroft, Marion Bowman, Robert Mueller. (jp, )
September 10, 2004 Opinion or Order Filing 67 ORDER; that the redacted document atached to this Order shall be filed on the public docket and shall be described as: Reply Memorandum of Law in Support of the Governments Cross-Motion to Dismiss the Complaint or for Summary Judgment. (Signed by Judge Victor Marrero on 9/7/2004) (jp, )
September 1, 2004 Opinion or Order CASHIERS OFFICE REMARK on 63 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 08/30/04, Receipt Number 518595. (gm, )
August 16, 2004 Opinion or Order Filing 63 ORDER granting 35 Motion for Ann Beeson to Appear Pro Hac Vice . (Signed by Judge Victor Marrero on 8/16/2004) (jsa, )
August 12, 2004 Opinion or Order Filing 62 DECLARATIONS AND EXHIBITS (REDACTED) in Support re: 59 MOTION for Summary Judgment.. re: 58 Order Document filed by American Civil Liberties Union, John Doe. (rag, )
August 12, 2004 Opinion or Order Filing 61 MEMORANDUM OF LAW (REDACTED) in Support re: 56 MOTION Exclude Ex Parte Declaration Filed in Support of the Government's Cross-Motion to Dismiss the Complaint or for Summary Judgment. re: 58 Order. Document filed by American Civil Liberties Union, John Doe. (rag, )
August 12, 2004 Opinion or Order Filing 60 STATEMENT OF UNDISPUTED FACTS (REDACTED) in Support re: 59 MOTION for Summary Judgment.. re: 58 Order Document filed by American Civil Liberties Union, John Doe. (rag, )
August 12, 2004 Opinion or Order Filing 59 MOTION (REDACTED) for Summary Judgment. re: 58 Order Document filed by American Civil Liberties Union, John Doe. (rag, )
August 12, 2004 Opinion or Order Filing 58 ORDER...that the redacted documents attached to this Order shall be registered on the public docket with the following captions, etc. (Signed by Judge Victor Marrero on August 2004) (rag, )
August 6, 2004 Opinion or Order Filing 56 MOTION (REDACTED) Exclude Ex Parte Declaration Filed in Support of the Government's Cross-Motion to Dismiss the Complaint or for Summary Judgment. re: 52 Order Document filed by American Civil Liberties Union, John Doe. (rag, )
August 6, 2004 Opinion or Order Filing 55 PLAINTIFFS' RULE 56.1 STATEMENT. (REDACTED) re: 52 Order Document filed by American Civil Liberties Union, John Doe. (rag, )
August 6, 2004 Opinion or Order Filing 54 SUPPLEMENTAL DECLARATION and Exhibits in Support of Plaintiffs' Motion for Summary Judgment and in Opposition to the Government's Cross-Motion to Dismiss the Complaint or for Summary Judgment (REDACTED) re: 52 Order. Document filed by American Civil Liberties Union, John Doe. (rag, )
August 6, 2004 Opinion or Order Filing 53 REPLY MEMORANDUM OF LAW (REDACTED) in Support of Plaintiffs' Motion for Summary Judgment and Opposition to the Government's Cross-Motion to Dismiss the Complaint or for Summary Judgment re: 52 Order. Document filed by American Civil Liberties Union, John Doe. (rag, )
August 6, 2004 Opinion or Order Filing 52 ORDER...that the redacted documents attached to this Order shall be registered on the public docket with the following captions, etc. (Signed by Judge Victor Marrero on 8/5/04) (rag, )
July 30, 2004 Opinion or Order Filing 51 ORDER: plaintiffs unopposed motion for leave to exceed page limitations contained in Rule II(C) is GRANTED. Plaintiffs reply in support of plaintiffs motion for summary judgment and oppositionto the government's cross-motion to dismiss the complaint or for summary judgment to be filed on 7/30/04, shall not exceed sixty (60) pages. (Signed by Judge Victor Marrero on 7/28/04) (db, )
July 20, 2004 Opinion or Order Filing 49 MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for Summary Judgment and in Support of The Government's Cross-Motion to Dismiss the Complaint or for Summary Judgment. Document filed by John Ashcroft, Marion Bowman, Robert Mueller. (ae, )
July 20, 2004 Opinion or Order Filing 48 ORDER, that the redacted version of the Government's Memorandum of Law in Opposition to Plaintiffs' Motion for Summary Judgment and in Support of the Government's Cross-Motion to Dismiss the Complaint or for Summary Judgment, filed 6/30/04, shall be removed from the public docket and returned to the Government; the annexed redacted version ofthe Government's Memorandum of Law in Opposition to Plaintiffs' Motion for Summary Judgment and in Support of the Government's Cross-Motion to Dismiss the Complaint or for Summary Judgment shall be filed on the public docket; this Order shall be filed on the public docket. (Signed by Judge Victor Marrero on 7/13/04) `.(ae, )
July 8, 2004 Opinion or Order Filing 47 ENDORSED LETTER addressed to Judge Marrero from Meredith Kotler dated 6/24/04: the Govt may submit a combined opposition and cross motion brief not to exceed 70 pages. The Court is pursuaded that such late date is warranted in light of the combined filing and the uniqueness of the case. Plntf shall be accorded similar leeway in connection with its remaining submissions. (Signed by Judge Victor Marrero on 6/25/04) (cd, )
July 7, 2004 Opinion or Order Filing 46 RULE 56.1 STATEMENT. Document filed by John Ashcroft, Marion Bowman, Robert Mueller. (jco, )
July 7, 2004 Opinion or Order Filing 45 MEMORANDUM OF LAW in opposition to plaintiffs' motion for summary judgment and in Support re: 44 MOTION to Dismiss. Document filed by John Ashcroft, Marion Bowman, Robert Mueller. (jco, )
July 7, 2004 Opinion or Order Filing 44 MOTION for an Order to Dismiss. Document filed by John Ashcroft, Marion Bowman, Robert Mueller. (jco, )
July 7, 2004 Opinion or Order Filing 43 ORDER that the annexed redacted documents shall be filed on the public docket in redacted form, and shall be described on the docket as follows: Notice of Motion, dated 6/28/04; statement pursuant to local civil rule 56.1(b), dated 6/28/04; memorandum of law in opposition to plaintiffs' motion for summary judgment and in support of the Government's Cross-Motion to Dismiss the complaint or for summary judgment, dated 6/28/04; that this Order shall be filed on the public docket. So Ordered. (Signed by Judge Victor Marrero on 7/6/04) (jco, )
June 15, 2004 Opinion or Order Filing 39 ENDORSED LETTER addressed to Judge Victor Marrero from Meredith E. Kotler dated 6/4/04; re: The Government's Cross-Motions due by 6/28/2004. The Government's Responses due by 6/28/2004. (Signed by Judge Victor Marrero on 6/7/04) (sac, )
May 25, 2004 Opinion or Order Filing 36 ORDER, that the annexed redacted documents shall be filed on the public docket in redacted form, and shall be described on the docket as furhter set forth herein. (Signed by Judge Victor Marrero on 5/21/04) (tp, )
May 25, 2004 Opinion or Order Filing 34 MEMO ENDORSEMENT on Unopposed Motion for Leave to File Amicus Curiae brief in support of plaintiffs motion fo summary judgment. Application GRANTED. The Clerk of the Court is directed to file the Amicus Curiae brief in the record of this case. (Signed by Judge Victor Marrero on 5/24/04) Copies Faxed by Chambers.(db, )
May 25, 2004 Opinion or Order Filing 33 Brief of Amici Curiae American Library Association, Freedom to Read Foundation and American Booksellers Foundation for Free Expression in support of plaintiffs' motion for summary judgment. Document filed by American Civil Liberties Union.(dle, )
May 25, 2004 Opinion or Order Filing 32 Memorandum of Law in support of unopposed motion for leave to file amicus curiae brief in support of plaintiffs' motion for summary judgment. Document filed by American Civil Liberties Union. (dle, )
May 25, 2004 Opinion or Order Filing 31 ENDORSED LETTER addressed to Judge Victor Marrero from Mark Schneider dated 5/21/04 re: counsel for plaintiff request that their submissions be filed publicly. Motion granted. The request of the American Library Association. Freedom to Read Foundation and American Booksellers Foundation for free expression to file an amicus brief in support of plaintiffs' motion for summary judgment is approved. (Signed by Judge Victor Marrero on 5/24/04) (dle, )
May 24, 2004 Opinion or Order Filing 35 MOTION for Ann Beeson to Appear Pro Hac Vice. AFFIDAVIT of Jameel Jaffer in Support attached. Document filed by American Civil Liberties Union. (ps, )
May 24, 2004 Opinion or Order Filing 30 BRIEF of Electronic Frontier Foundation, at al., as Amicus Curiae in Support of Plaintiffs John Doe and American Civil Liberties Union's Motion for Summary Judgment. (tp, )
May 21, 2004 Opinion or Order Filing 29 ORDER that the redacted documents attached to this Order shall be registered on the public docket with the following captions set forth in this Order. (Signed by Judge Victor Marrero on 5/21/04) (jco, )
May 21, 2004 Opinion or Order Filing 28 ORDER that the redacted documents attached to this order shall be registered on the public docket with the captions as further set forth in this order. (Signed by Judge Victor Marrero on 5/21/04) (dle, )
May 14, 2004 Opinion or Order Filing 116 LETTER DATED 5/7/04 (yv, )
May 14, 2004 Opinion or Order Filing 115 LETTER DATED 5/7/04 (yv, )
May 14, 2004 Opinion or Order Filing 114 LETTER DATED 5/6/04 (yv, )
May 14, 2004 Opinion or Order Filing 25 ORDER. The annexed redacted documents shall be filed on the public docket in redacted form, and shall be described on the docket as follows: (1) Letter dated 5/6/04 (2) Letter dated 5/7/04 (3) Letter dated 5/7/04. This Order shall be filed on the public docket (Signed by Judge Victor Marrero on 5/13/04) (yv, )
May 14, 2004 Opinion or Order Filing 24 ORDER: Amici's motion for leave to file an amicus brief and Amici's motion for leave to file an amicus brief and amicus brief be unsealed and filed on the public docket are BOTH GRANTED. Supporting documents attached. (Signed by Judge Victor Marrero on 5/13/04) (db, )
May 14, 2004 Opinion or Order Filing 23 Letter addressed to Judge Marrero from Merdith Kotler dated 5/12/04: fld govt's redacted letter re plntfs' request, as per doc #22. Document filed by John Ashcroft.(cd, )
May 14, 2004 Opinion or Order Filing 22 ENDORSED LETTER addressed to Judge Marrero from Meredith Kotler dated 5/12/04: the Clerk of Court is directed to file in the public docket for this case the attached letter in redacted form, from the Govt to the Court, dated 5/12/04. (Signed by Judge Victor Marrero on 5/13/04) copies sent by chambers.(cd, )
May 13, 2004 Opinion or Order Filing 27 ORDER, that the annexed redacted documents shall be filed on the public docket in redacted form, and shall be described on the docket as further set forth herein. (Signed by Judge Victor Marrero on 5/7/04) (tp, )
May 13, 2004 Opinion or Order Filing 19 ORDER that the motion shall be and hereby is granted; that plaintiffs' memorandum in support of their motion for summary judgment to be filed on 5/17/04, shall not exceed forty (40) pages. (Signed by Judge Victor Marrero on 5/10/04) "Copies Faxed By Chambers" (jco, ) Modified on 5/14/2004 (jco, ).
May 12, 2004 Opinion or Order Filing 15 DECISION AND ORDER. Setting forth a procedure by which documents in this case may be filed. The Clerk of the Court to file this Decision and Order on the public docket (Signed by Judge Victor Marrero on 5/12/04) (yv, )
May 10, 2004 Opinion or Order Filing 18 ORDER; having considered plaintiffs' unopposed motion for leave to exceed page limitations contained in Rule II(C) of the Individual Practices of United States Judge Victor Marrero and finding good cause therefore, it is Ordered that the motion shall be and hereby is granted; and that plaintiff's memorandum in support of their motion for summary judgment be filed on May 17, 2004, and shall not exceed forty pages. (Signed by Judge Victor Marrero on 5/10/04) (djc, ) (Entered: 05/14/2004)
April 28, 2004 Opinion or Order Filing 10 MOTION for Leave to File Case Under Seal. Document filed by American Civil Liberties Union. (laq, )
April 28, 2004 Opinion or Order Filing 9 COMPLAINT against John Ashcroft, Marion Bowman, Robert Mueller. Document filed by American Civil Liberties Union.(laq, )
April 28, 2004 Opinion or Order Filing 8 ORDER, It is ordered that the aboved captioned action shall be exempt from electronic case filing. It is further ordered that the above captioned action is unsealed to the following extent. All documents that have been filed in this case shall remain under seal. The following documents shall be filed on the public docket in redacted form: redacted complaint and redacted motion to file the complaint under seal. Copies of those two redacted documents, which are to be filed on the public docket in redacted form only, are annexed. This order shall be filed on the public docket. All other documents that are to be filed in this case shall be filed under seal, unless otherwise ordered by the court. (Signed by Judge Victor Marrero on 4/28/04) (wv, )

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