Case 1:07-cv-03883-DLC Document 1 Filed 05/17/07 Page 1 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

THOMAS WILNER, JONATHAN

)

HAFETZ, GITANJALI GUTIERREZ, )

MICHAEL J. STERNHELL, JONATHAN )

WELLS DIXON, JOSHUA

)

COLANGELO-BRYAN, BRIAN J. NEFF, )

JOSEPH MARGULIES, SCOTT S.

)

BARKER, ANNE CASTLE,

)

JAMES E. DORSEY,

)

ASMAH TAREEN, RICHARD A. GRIGG,)

THOMAS R. JOHNSON, GEORGE

)

BRENT MICKUM IV AND STEPHEN M. )

TRUITT

)

)

Plaintiffs, )

)

~

)

)

NATIONAL SECURITY AGENCY AND )

DEPARTMENT OF JUSTICE

)

)

)

Defendants. )

COMPLAINT

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF I. This is an action under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, to compel the production of agency records improperly withheld from plaintiffs by defendants National Security Agency ("NSA") and Department of Justice ("DOJ"). 2. This Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B).
Parties 3. Plaintiffs are lawyers who provide or have provided legal representation to individuals detained at Guantanamo Bay Naval Station, Cuba (hereinafter referred to as "detainees"). Thomas Wilner is an attorney at Shearman & Sterling LLP, an international law firm based in New York. Jonathan Hafetz is a New York resident and an attorney at the Brennan

Case 1:07-cv-03883-DLC Document 1 Filed 05/17/07 Page 2 of 5
Center for Justice at New York University School of Law. Gitanjali Gutierrez is a New York resident and an attorney at the Center for Constitutional Rights, a New York-based non-profit legal organization. Michael J. Sternhell is a New York resident and an attorney at Kramer Levin Naftalis & Frankel LLP in New York. Jonathan Wells Dixon is a New York resident and an attorney at the Center for Constitutional Rights; at the time of the FOIA request, Plaintiff Dixon was an attorney at Kramer Levin Naftalis & Frankel LLP. Joshua Colangelo-Bryan is a New York resident and an attorney at the New York office of Dorsey & Whitney LLP, an international law firm. Brian J. Neff is an attorney in the New York office of Schiff Hardin LLP. Joseph Margulies is an attorney employed by the MacArthur Justice Center at the Northwestern University School of Law. Scott S. Barker and Anne 1. Castle are attorneys in the Denver office of Holland & Hart LLP. James E. Dorsey and Asmah Tareen are attorneys in the Minneapolis office ofFredrikson & Byron P.A., an international law firm. Richard A. Grigg is an attorney at Spivey & Grigg LLP in Austin, Texas. Thomas R. Johnson is an attorney in the Portland, Oregon office of Perkins Coie LLP, an international law firm. George Brent Mickum, IV is an attorney at Spriggs & Hollingsworth LLP in Washington, D.C.; at the time of the FOIA request, PlaintiffMickum was an attorney with the Washington, D.C. office of Keller & Heckman LLP, an international law firm. Stephen Truitt is an attorney engaged in private practice in Washington, D.C.
4. Defendants NSA and DOJ are federal agencies within the meaning of 5 U.S.C. § 552(f) and have possession of the records requested by plaintiffs.
Statement ofFacts 5. In the wake of the September II, 2001 terrorist attacks, the U.S. Government began warrantless eavesdropping on the electronic communications, including telephone and
2

Case 1:07-cv-03883-DLC Document 1 Filed 05/17/07 Page 3 of 5
email, of thousands of individuals, including U.S. citizens, both within and outside the United States. The program collects identifying information about the communicants and the contents of those communications through recording and/or transcripts of phone calls and/or the text of email correspondence.
6. The U.S. Government's warrantless eavesdropping became public knowledge through media reports in December 2005, and subsequent U.S. Government acknowledgement. President Bush and Attomey General Gonzales have stated that the program is intended to intercept and monitor communications between a party outside the United States and a party inside the United States when one of the parties to the communication is believed to have links to AI Qaeda, groups supportive of al Qaeda, or to terrorist activity generally.
7. Plaintiffs represent men detained at the U.S. Naval base in Guantanamo Bay, Cuba as part of the "war on terror." Upon information and belief, plaintiffs' electronic and/or telephonic communications have been monitored by defendant agencies and records of those communications have been compiled and retained by the defendant agencies because of plaintiffs' representation of detainees and plaintiffs' international communications with clients, released detainees, family members of detainees and/or organizations, business and individuals affiliated with detainees outside of the United States.
8. By separate letters to NSA and DOJ dated January 18, 2006, plaintiffs submitted FOIA requests for, among other records:
FOIA Request No. 1: A list of records obtained or relating to ongoing or completed warrantless electronic surveillance or physical searches regarding, referencing or concerning any of the plaintiffs; and
FOIA Request No.3:
3

Case 1:07-cv-03883-DLC Document 1 Filed 05/17/07 Page 4 of 5
All policies, procedures, guidelines or practices for the interception of communications pursuant to the previously described warrantless surveillance program. National Security Agency Request 9. By facsimile received on April21, 2006, the NSA produced only two "Director's Message" documents that had been publicly released and referred one document to an unidentified agency for processing. The NSA refused to produce any other documents. 10. By letter dated May 1, 2006, plaintiffs filed an administrative appeal with the NSA challenging its refusal to disclose the records the plaintiffs requested. 11. By letter dated August 31, 2006, the NSA denied plaintiffs' appeal. Department ofJustice Request 12. By letter dated October 16, 2006, the DOJ Office of Information and Privacy released 85 pages of documents without excision and two documents with excisions, and stated it was withholding 84 pages and an electronic email in full. 13. By letter dated December 14, 2006, plaintiffs filed an administrative appeal with the DOJ Office of Information and Ptivacy challenging its refusal to disclose the records the plaintiffs requested. 14. By letter dated November 16, 2006, the DOJ Criminal Division stated it had no records reflecting warrantless electronic surveillance or physical searches in the United States from September II, 2001, to the date of the plaintiffs' FOIA request. 15. By letter dated January 13,2007, plaintiffs filed an administrative appeal challenging the DOJ Criminal Division's denial of records. 16. By separate letters dated February 5, 2007, the DOJ denied both of plaintiffs' appeals.
4

Case 1:07-cv-03883-DLC Document 1 Filed 05/17/07 Page 5 of 5
Claims for Relief 17. To date, neither the NSA nor the DOJ have provided the plaintiffs with all of the records they requested. 18. Plaintiffs have a statutory right to the records that they seek, and there is no legal basis for the defendants' refusal to disclose them. WHEREFORE, plaintiffs respectfully request this Court to: (1) Declare that defendants' refusal to disclose the records requested by plaintiffs is
unlawful; (2) Order defendants to make the requested records described in Paragraph 8 above
available to plaintiffs without further delay; (3) Award plaintiffs their costs and reasonable attorneys' fees in this action as
provided by 5 U.S.C. § 552(a)(4)(E); and (4) Grant such other and further relief as this Court may deem just and proper.
Respectfully submitted,
4 =:1

Dated: May 17, 2007

James R. Rubin Julie P. Shelton R. Cantrell Jones Kendric M. Cobb Merkys I. Gomez Butler Rubin Saltarelli & Boyd LLP 70 West Madison Street Suite 1800 Chicago, Illinois 60602 312-444-9660
Attorneys for Plaintiffs
5

 
 Case 1:07-cv-03883-DLC Document 9 Filed 11/02/07 Page 1 of 9

''; '
UNITED STATES DISTRlCT COURT
FOR THE SOUTHERN DISTRlCT OF NEW YORK l:;..', . ·,· . , :: r :.·r·-., '•

THOMAS WILNER, JONATHAN

)

HAFETZ, GITANJALI GUTffiRREZ,

)

MICHAEL J. STERNHELL, JONATHAN )

WELLS DIXON, JOSHUA

)

COLANGELO-BRYAN, TINAM.

)

FOSTER, BRlAN J. NEFF, ALISON

)

SCLATER, MARC D. FALKOFF,

)

JOSEPH MARGULffiS, SCOTT S.

)

BARKER, ANNE J. CASTLE,

)

JAMES E. DORSEY, ASMAH TAREEN, )

RlCHARD A. GRlGG, THOMAS R.

)

JOHNSON, GEORGE BRENT MICKUM )

IV, STEPHEN M. TRUITT, DAVID H. )

REMES, H. CANDACE GORMAN,

)

CHARLES CARPENTER, JOl-IN A.

)

CHANDLER, CLIVE STAFFORD SMITH )

)

Plaintiffs, )

)

v.

)

)

NATIONAL SECURlTY AGENCY and )

DEPARTMENT OF JUSTICE,

)

)

)

Defendants. )

,_._
Judge Denise L. Cote No. 07-CIV-3883

SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 1. This is an action under the Freedom oflnformation Act ("FOIA"), 5 U.S.C. § 552, to compel the production of agency records improperly withheld from plaintiffs by defendants National Security Agency ("NSA") and Department ofJustice ("DOJ"), and the following DOJ components: Office of Information & Privacy (OIP), Office ofthe Attorney General; Office of the Deputy Attorney General; Criminal Division; Federal Bureau of Investigation (FBI); Office of Legal Counsel (OLC); and Office of Solicitor General (OSG).

Case 1:07-cv-03883-DLC Document 9 Filed 11/02/07 Page 2 of 9
2. This Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B). Parties
3. Plaintiffs are lawyers who provide or have provided legal representation to individuals detained at Guantanamo Bay Naval Station, Cuba (hereinafter referred to as "detainees"). Thomas Wilner is an attorney at Shearman & Sterling LLP, an international law firm based in New York. Jonathan Hafetz is a New York resident and an attorney at the Brennan Center for Justice at New York University School of Law. Gitanjali Gutierrez is a New York resident and an attorney at the Center for Constitutional Rights, a New York-based non-profit legal organization. Michael J. Sternhell is a New York resident and an attorney at Kramer Levin Naftalis & Frankel LLP in New York. Jonathan Wells Dixon is a New York resident and an attorney at the Center for Constitutional Rights; at the time of the FOIA request, Plaintiff Dixon was an attorney at Kramer Levin Naftalis & Frankel LLP. Joshua Colangelo-Bryan is a New York resident and an attorney at the New York office of Dorsey & Whitney LLP, an international law fum. Tina M. Foster is a New York resident and an attorney at the International Justice Network, a non-profit legal organization; at the time of the FOIA request, Plaintiff Foster was an attorney at the Center for Constitutional Rights. Brian J. Neff is an attorney in the New York office of Schiff Hardin LLP. Alison Sclater is a New York resident, an attorney, and the New York Program Coordinator for Pro Bono Net, Inc.; at the time of the FOIA request, Plaintiff Sclater was an attorney at Kramer Levin Naftalis & Frankel LLP. Marc D. Falkoffis an attorney and assistant professor at Northern Illinois University College of Law; at the time of the FOIA request, he was an attorney at the New York office of Covington & Burling LLP, an international law fum. Joseph Margulies is an attorney employed by the MacArthur Justice Center at the Northwestern University School of Law. ScottS. Barker and Anne J. Castle
2

Case 1:07-cv-03883-DLC Document 9 Filed 11/02/07 Page 3 of 9
are attorneys in the Denver office of Holland & Hart LLP. James E. Dorsey and Asmah Tareen are attorneys in the Minneapolis office ofFredrikson & Byron P.A., an international law firm. Richard A. Grigg is an attorney at Spivey & Grigg LLP in Austin, Texas. Thomas R. Johnson is an attorney in the Portland, Oregon office of Perkins Coie LLP, an international law firm. George Brent Mickum IV is an attorney at Spriggs & Hollingsworth LLP in Washington, D.C.; at the time of the FOIA request, PlaintiffMickum was an attorney with the Washington, D.C. office of Keller & Heckman LLP, an international law firm. Stephen M. Truitt is an attorney engaged in private practice in Washington, D.C. David H. Remes is an attorney with the Washington, D.C. office of Covington and Burling LLP, an international law fliiU. H. Candace Gorman is an attorney engaged in private practice in Chicago, Illinois. Charles Carpenter is an attorney in the Washington, D.C. office of Pepper Hamilton LLP. John A. Chandler is an attorney with the Atlanta, Georgia office of Sutherland, Asbill and Brennan LLP. Clive Stafford Smith is a dual U.S. and British citizen and an attorney and the Legal Director for the U.K. branch of Reprieve, a non-profit legal organization.
4. Defendants NSA, DOJ, and their components are federal agencies or components thereof within the meaning of5 U.S.C. § 552(f) and have possession of the records requested by plaintiffs.
Statement ofFacts 5. In the wake of the September 11, 2001 terrorist attacks, the U.S. Government began warrantless eavesdropping on the electronic communications, including telephone and email, of thousands of individuals, including U.S. citizens, both within and outside the United States. The program collects identifying information about the communicants and the contents
3

Case 1:07-cv-03883-DLC Document 9 Filed 11/02/07 Page 4 of 9
ofthose communications through recording and/or transcripts of phone calls and/or the text of email correspondence.
6. The U.S. Government's warrantless eavesdropping became public knowledge through media reports in December 2005, and subsequent U.S. Government acknowledgement. President Bush and former Attorney General Gonzales have stated that the program is intended to intercept and monitor communications between a party outside the United States and a party inside the United States when one of the parties to the communication is believed to have links to Al Qaeda, groups supportive of al Qaeda, or to terrorist activity generally.
7. Plaintiffs represent men detained at the U.S. Naval base in Guantanamo Bay, Cuba as part of the "war on terror." Upon information and belief, plaintiffs' electronic and/or telephonic communications have been monitored by defendant agencies, and records of those communications have been compiled and retained by the defendant agencies because of plaintiffs' representation of detainees and plaintiffs' international communications with clients, released detainees, family members of detainees and/or organizations, businesses and individuals affiliated with detainees outside of the United States.
8. By separate letters to NSA and DOJ dated January 18, 2006, plaintiffs submitted FOIA requests for, among other records:
FOIARequestNo.l: A list of records obtained or relating to ongoing or completed warrantless electronic surveillance or physical searches regarding, referencing or concerning any of the plaintiffs; and
FOIA Request No. 3: All policies, procedures, guidelines or practices for the interception of communications pursuant to the previously described warrantless surveillance program.
4

Case 1:07-cv-03883-DLC Document 9 Filed 11/02/07 Page 5 of 9
National Security Agency Request 9. By facsimile received on April21, 2006, the NSA produced only two "Director's
Message" documents that had been publicly released, and referred one document to an unidentified agency for processing. The NSA refused to produce any other documents.
10. By letter dated May I, 2006, plaintiffs filed an administrative appeal with the NSA challenging its refusal to disclose the records the plaintiffs requested.
11. By letter dated August 31, 2006, the NSA denied plaintiffs' appeal. Department ofJustice Request
12. The DOJ responded to plaintiffs' January 18, 2006 FOIA request in a letter dated Jnly 17, 2006. In that letter, the DOJ stated that it had referred the requests to the following DOJ components: Office of Information & Privacy; Office of the Attorney General; Office of the Deputy Attorney General; Criminal Division; Federal Bureau oflnvestigation; Office of Legal Counsel; and Office of Solicitor General.
Office oflnformation and Privacy, Office of Attorney General and Office of Deputy Attorney General 13. By letter dated July 21, 2006, the DOJ Office oflnformation and Privacy, on behalfof the Offices of the Attorney General and Deputy Attorney General, granted the plaintiffs' request for expedited processing. 14. By letter dated October 16,2006, the DOJ Office of Information and Privacy released 85 pages of documents without excision and two documents with excisions, and stated it was withholding 84 pages and an electronic email in full. In that letter, the Office of Information and Privacy stated that it was continuing to process documents located on behalf of the Office of
5

Case 1:07-cv-03883-DLC Document 9 Filed 11/02/07 Page 6 of 9
the Attorney General, and was continuing its records searches in the Office of the Deputy Attorney General and the Departmental Executive Secretariat.
15. By letter dated December 14,2006, plaintiffs filed an administrative appeal with the DOJ Office of Information and Privacy challenging its refusal to disclose the records plaintiffs requested.
16. By letter dated February 5, 2007, the DOJ denied plaintiffs' appeal. DOJ Criminal Division 17. By letter dated November 16, 2006, the DOJ Criminal Division stated it had no records reflecting warrantless electronic surveillance or physical searches in the United States from September 11,2001, to the date of plaintiffs' FOIA request. Further, the DOJ Criminal Division stated that any other responsive documents within the possession of the DOJ Criminal Division would concern the "investigation of the unauthorized disclosure of classified information concerning the Terrorist Surveillance Program (the 'leak investigation') or in connection with other pending criminal prosecutions or investigations" and would therefore be withheld under Exemption 7(a). 18. By letter dated January 13, 2007, plaintiffs filed an administrative appeal challenging the DOJ Criminal Division's denial of records. 19. By letter dated February 5, 2007, the DOJ denied plaintiffs' appeal. Federal Bureau oflnvestigation 20. By letter dated April6, 2006, the FBI responded to plaintiffs' January 18, 2006 FOIA request. In that letter, the FBI denied "that portion of [plaintiffs'] request which seeks access to records related to any particular individual." Further, the FBI stated that it was
6

Case 1:07-cv-03883-DLC Document 9 Filed 11/02/07 Page 7 of 9
"continuing [its] search efforts with regard to the remaining portions of [plaintiffs'] FOIA request."
21. By letter dated June 5, 2006, plaintiffs filed an administrative appeal challenging the FBI's refusal to disclose the records plaintiffs requested.
22. By letter dated June 20, 2006, the Office of Information and Privacy, on behalf of the FBI, denied plaintiffs' appeal with respect to "the portion of [plaintiffs'] request pertaining to the named individuals referred to as 'Requesting Parties."' With respect to "the portion of [plaintiffs'] request for records pertaining to 'the development, approval, and implementation of the Executive's warrantless electronic surveillance and/or warrantless physical search program within the United States,"' the request was remanded to the FBI "for proper consideration of [plaintiffs'] request in the first instance." In this letter, the FBI was instructed to give "prompt attention to [plaintiffs'] request for expedited processing." Plaintiffs have received no additional response to their requests from the FBI.
DOJ Office of Legal Counsel 23. Plaintiffs have received no response to their requests from the DOJ Office of Legal Counsel. Office of Solicitor General 24. Plaintiffs have received no response to their requests from the DOJ Office of Solicitor General.
Claimsfor Relief 25. To date, neither the NSA, nor the DOJ, nor any of the DOJ components identified herein have provided plaintiffs with all of the records they requested.
7

Case 1:07-cv-03883-DLC Document 9 Filed 11/02/07 Page 8 of 9
26. Plaintiffs have a statutory right to the records that they seek, and there is no legal basis for the defendants' refusal to disclose them.
WHEREFORE, plaintiffs respectfully request this Court to: (1) Declare that defendants' refusal to disclose the records requested by plaintiffs is
unlawful; (2) Order defendants to make the requested records described in Paragraph 8 above
available to plaintiffs without further delay; (3) Award plaintiffs their costs and reasonable attorneys' fees in this action as
provided by 5 U.S.C. § 552(a)(4)(E); and (4) Grant such other and further relief as this Court may deem just and proper.
Respectfully submitted,

Dated: New York, New York November 2, 2007

Pardiss Kebriaei [PK-0415] Shayana Kadidal [SK-1278] Michael Ratner [MR-3357] Center for Constitutional Rights 666 Broadway, 7th Floor NewYork,NY 10012-2317 Tel: (212) 614-6438 Fax: (212) 614-6499
James R. Rubin Julie P. Shelton Karen Borg Mark A. Schwartz R. Cantrell Jones Butler Rubin Saltarelli & Boyd LLP 70 West Madison Street Suite 1800 Chicago, illinois 60602 Tel: (312) 444-9660
Attorneysfor Plaintif.fo
8

Case 1:07-cv-03883-DLC Document 9 Filed 11/02/07 Page 9 of 9
CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that on November 2, 2007, she caused the foregoing Second Amended Complaint for Declaratoty and Injunctive Relief to be served on the following attorney via Federal Express Delivery:
Rupa Bhattacharyya Senior Trial Counsel Federal Branch, Civil Division United States Department of Justice 20 Massachusetts Avenue, N.W. Washington, D.C. 20044

W0058800v2

Julie P. Shelton · Butler Rubin Saltarelli & Boyd LLP
70 West Madison Street Suite 1800 Chicago, Illinois 60602 312-444-9660

9

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - --------------------- ------- --------X

THOMAS WILNER, et al.,

Plaintiffs,

-v-

NATIONAL SECURITY AGENCY, et al., Defendants.

USDCSDNY

DOCUMENT
ELECI'RONICALLY FILED

DOC#:

I

DATE FILED: ( I'") I I('\~

07 Civ. 3883 (DLC)
MEMORANDUM OPINION & ORDER

--------------- --------------------- -X
DENISE COTE, District Judge: Plaintiffs filed their complaint in this case on May 17,
2007, alleging that defendants wrongfully withheld documents sought by plaintiffs under the Freedom of Information Act ("FOIA"). The action was bifurcated. The first track concerned only plaintiffs' FOIA Request No. 1 and the Glomar response issued by defendants. The second track concerned plaintiffs' other FOIA requests and defendants' non-Glomar responses to them. By Opinion and Order dated June 25, 2008, defendants' motion for partial summary judgment was granted. That Opinion addressed plaintiffs' FOIA Request No. 1 and defendants' Glomar response. The parties have agreed to suspend temporarily their prosecution of the non-Glomar part of this litigation, pending decisions by other courts on related motions.
By motion dated July 30, 2008, plaintiffs seek entry of a final judgment as to this action's Glomar track, pursuant to

Federal Rule of Civil Procedure 54(b}. Plaintiffs represent that defendants do not oppose the motion. Under Rule 54{b}, "a district court may certify a final judgment where: (1} there are multiple claims or parties; (2} at least one claim or the rights and liabilities of at least one party has been determined; and (3) there is an express determination that there is no just reason for delay." Transp. Workers Union, Local 100 v. N.Y. City Transit Auth., 505 F.3d 226, 230 (2d Cir. 2007). A partial judgment should not be entered without careful consideration of the strong federal policy against piecemeal appeals. The power to make a Rule 54(b) certification "should be used only in the infrequent harsh case where there exists some danger of hardship or injustice through delay which would be alleviated by immediate appeal." Grand River Enter. Six Nations, Ltd. v. Pryor, 425 F.3d 158, 165 (2d Cir. 2005) (citation omitted). The power is to "be exercised sparingly." O'Bert ex. rel. O'Bert v. Var£2, 331 F.3d 29, 41 (2d Cir. 2003).
There are claims based on two FOIA requests in this case; the response to one request implicates the Glomar response, the other response does not. The issues arising from the Glomar response were determined by the June 25, 2008 Opinion granting defendants' motion for summary judgment on the Glomar response. Thus, the rights of the parties as to one of the two FOIA requests have been finally determined.
2

The Court expressly finds that there is no just reason for

delay. The action is bifurcated and the non-Glomar track is in

suspense for the time being. When that portion of the

litigation resumes it will not require further adjudication of a

Glomar response. There is no good reason to delay resolution of

the questions presented by the Glomar track. This action

concerns timely issues of great importance to the public, which

would benefit from expeditious resolution by the Court of

Appeals. Further, defendants have interposed no objection to

plaintiffs' request for Rule 54(b) certification.

CONCLUSION

Plaintiffs' July 29 unopposed motion for Rule 54(b)

certification is granted. The Clerk of Court shall enter

partial judgment in defendants' favor on the claims associated

with FOIA Request No. 1.

SO ORDERED:

Dated:

New York, New York July 31, 2008

United

Judge

3

 
 Case 1:07-cv-03883-DLC Document 5· 2 UFSiDleCd S07D/3N1Y/08 Page 1 of 1

DOCUMENT ELEC"'"ON!CALLY FILED,

SUONUITTEHDESRTNADTIESSTDRIICSTTROICF TNCEWOUYROTRKLII':D~DAO:~:Cr~E#~F~IL~;::~D~::i1~b~t~/:e~==!J
------------------------------------------------------------X
THOMAS WILNER, et al.,

Plaintiffs,

07 CIVIL 3883 (DLC)

-against-

Rule 54{1!) PARTIAL JUDGMENT

NATIONAL SECURITY AGENCY, et al., Defendants.
-----------------------------------------------------------X

Whereas by Opinion and Order dated June 25, 2008, defendants' motion for partial SUIIl1IlliJ')' judgment was granted; plaintiffs having moved for judgment pursuant to Fed. R. Civ. P. 54(b), and the matter having come before the Honorable Denise Cote, United States District Judge, and the Court, on July 31, 2008, having rendered its Memorandum Opinion and Order that there is no jnst reason for delay pursuant to Fed. R. Civ. 54(b), directing the Clerk of the Court to enter partial judgment in defendants• favor on the claims associated with FOIA Request No. 1, it is,

ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the

Court's Memorandum Opinion and Order dated July 31, 2008, there is no jnst reason for delay

pursuant to Fed. R. Civ. 54(b), partial judgment is entered in defendants' favor on the claims

associated with FOIA Request No. 1.

Dated: New York, New York July 31, 2008

J. MICHAEL McMAHON

Clerk of Court BY:
DepIuty Clerk

----- 1lfiS DOcUMENT WAS
ON1lfEDOcKETON

~""·"'•"'f-t~=­

 
 Case 1:07-cv-03883-DLC Document 58 Filed 10/23/09 Page 1 of 2 Case 1:O?:.cv-03883-DLC Document 57 Filed 10/15/2009 Page 1 of 2

MEMO ENDORSED

USDCSDNY
·DOCUMENT

IN THE UNITED STATES DISTRICT COUF £LECTRONICALLYFlLED
- - - - - - - FOR THE SOUTHERN DISTRICT OF NEW Y JDtlC #: DATE FILED: ( o--zl -lPq

THOMAS WILNER, et al., Plaintiffs,

v.
.,
NATIONAL SECURITY AGENCY, eta/., Defendants.

No. 07-cv-3883-DLC

STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 4l(a)(l)(A)(ii) OF CLAIMS OF PLAINTIFF ANNE CASTLE

Anne Castle, one of several plaintiffs in the above-captioned matter, has recently become

the Assistant Secretary of the Interior for Water and Science with the Obama administration.

It is therefore HEREBY STIPULATED AND AGREED by and between the parties and
their respective undersigned counsel that the claims of Anne Castle that are before this Co~rt1 in

the above-captioned matter are hereby voluntarily dismissed without costs and without attorneys'

fees pursu~t to Federal Rule of Civil Procedure 4l(a)(l)(A)(ii). (The claims of the other

remaining plaintiffs are unaffected by this stipulation.)

The undersigned further stipulate that a signature on this document by facsimile or other

electronic transmission shall be sufficient as an original.

Dated: October 15, 2009

;\<?. } T _._j,_7

'~"

~ ·""'"'"',..

f·'-' /

17

""1 •'-":

--1. ·~J t/.:; k:

Respectfully submitted, ~' :1//t.,.FI"J;/ -1 J •-'- '-:-

,.A l' ~,·•. .//.-/
i/

CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, NY 10012 (212) 614-6438

Alex der K. Haas DEPARTMENT QF JUSTICE 950 Pennsylvania Avenue, NW Washington, DC 20530 (202) 307-3937

j{,~u
,{; ;-

A similar stipulation is being filed in the Court of Appeals with respect to the claims before that Court.

--·-·-----·-------------·-------------------

Case 1:07-cv-03883-DLC Document 58 Filed 10/23/09 Page 2 of 2 Case 1:07-cv-03883-DLC Document 57 Filed 10/15/2009 Page 2 of 2

Counsel for Plaintiff-Appellant Anne Castle SO-ORDERED:

Counsel for Defendants-Appellees

· - - - - · - - - - - - - - - - - - - - - - - - · - - - - - --·-·---··----··--·-·------~···A-

 
 UNITED STATES CC)URT OF APPEALS FORrfHE
, SECOND iCIRCUIT

USDC SDNY DOCUMENT ELECTRONICALLY FIT..,ED DOC#: DATE FILED:.March ll. 2010

. At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the Daniel PatrickMoynihan United States Courthouse, 500 Pearl Street, in the City ofNew York, on the 30th day of December, two thousand and nine.

PRESENT:

Jose A. Cabranes, Debra Ann Livingston,
Circuit Judges, Edward R. Korman,
District Judge.*

Thomas Wilner, Gitanjali Gutierrez, Michael J. St,emhell, Jonathan Wells Dixon, Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, ScottS. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum IV, Stephen M. Truitt, Jonathan Hafetz, Tina M. Foster, Alison Sclater, Marc D. Falkoff, I)avid H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler and Clive Stafford Smith,
Plaintiffs-Appellants,
v.
National Security Agency and Department of Justicte,
Defendants-Appellees.**

JUDGMENT Docket Number: 08-4726-cv

The appeal in the above-captioned case fro1m a judgment of United States District Court for the Southern District of New York having been argued on the district court record and the parties' briefs. On
consideration thereof,

IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the judgment ofthe District Court is AFFIRMED in accordance with the opinion of this Court.

ATrue Colpy Catherine O~ Hiagan
Unif;ed State·s -'U~···

FOR THE COURT, Catherine O'Hagan Wolfe,
Clerk
By: . ~/i'1A..Jlt~) ~
Judy Ptsnanont Motions Staff Attorney

*The Honorable Edward R. Korman; ofthe Unit,ed states District Court for the Eastern District ofNew

York, sitting by designation.

. .

**The Clerk ofCourt is directed to amend the ot:tlc.ial caption in this case to conform to the listing ofthe

parties above.

 
 -·-----·---·---- ---

- - - - - - - - - - - - - - - - - ~---~---------

--~

--- ---- ----------- -- ----- -···- --~----~---

--~-~--~--- -~

-·--· ---···

·~-

---~------

--

Case 1:07-cv-03883-DLC Document 67 Filed 07/09/10 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

THOMAS WILNER, et al.,
Plaintiffs, -v-
NATIONAL SECURITY AGENCY and, U.S. DEPARTMENT OF JUSTICE,
Defendants.

No. 07 Civ. 3883 (DLC) ECF Case
STIPULATION OF PARTIAL DISMISSAL

The parties to this action under the Freedom of Information Act, by and through their respective counsel and pursuant to Rule 41(a)(l)(A) of the Federal Rules of Civil Procedure, hereby stipulate to dismissal without prejudice of Plaintiffs' non-Glomar claims in this case, with each party bearing his/its own fees and costs.

Case 1:07-cv-03883-DLC Document 67 Filed 07/09/10 Page 2 of 2

TONY WEST Assistant Attorney G~neral Civil Division U.S. Department of Justice PREETBHARARA United States Attorney JOSEPH H. HUNT Director, Federal Programs Branch ELIZABETH J. SHAPIRO Assistant Director, Federal Programs Branch
~~JJ---:
CAROLIN LEWIS WOLVERTON Senior Counsel U.S. Department of Justice Civil Division, Federal Programs Branch Telephone: (202) 514-0265 Facsimile: (202) 616-8470 caroline.lewis-wolverton@usdoj. gov
Dated: July 8, 2010

SHA~ [SK-1278]
Center for Constitutional Rights 666 Broadway, 7th Floor New York NY 10012 (212) 614-6438 fax: (212) 614-6499 kadidal@ccljustice.org

SO ORDERED this of- - - - -,2010

DENISE L. COTE United States District Judge

2
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- - - - - - - -------~------------------~--- --~

 
 Case 1:07-cv-03883-DLC Document 68 Filed 07/12/10 Page 1 of 2
USDCSDNY DOCUMENT ELECTRONICALLY FILED
!~DDOATCE#:FILED: 7At..!J_o
Ul'-<lTED STATES DISTRICT COURT
SOUTHER.~ DISTRICT OF NEW YORK

THOMAS WILNER, et aL,
Plaintiffs,
-V-
NATIONAL SECURITY AGENCY and, U.S. DEPARTI'vfENT OF JUSTICE,
Defendants.

No, 07 Civ. 3883 (DLC) ECFCase
STIPu'LATION OF PARTIAL DISMISSAL

The parties to this action under the Freedom of Infom1ation Act, by and through their respective counsel and pursuant to Rule 4l(a)(l)(A) of the Federal Rules of Civil Procedure, hereby stipulate to dismissal without prejudice of Plaintiffs' non-Glomar claims in this case, with each party bearing his/its own fees and costs.

Case 1:07-cv-03883-DLC Document 68 Filed 07/12/10 Page 2 of 2

TONY WEST
Assistant Attorney Gt;neral Civii Division
U.s. Department of Justice
PREET BHARARA ljnited States Attorney JOSEPH H. HUNT Director, Federal Programs Branch
ELIZABETH J SHAPIRO
Assistant Director, Federal Programs Branch
~~Jt--
CAROLIN.c LEWIS WOLVER::-::T:::-:0::::-Nc:---
Senior Cou.'lsel U.S. Department of Justice Civil Division, Federal Programs Branch Telephone: (202) 514-0265 Facsimile: (202) 616-8470 caroline.lewis-wolverton@usdoj.gov
Dated: July 8, 2010

SH..~[SK-1278]
Center for Constitutional Rights 666 Broadway, 7th Floor
NewYorkNY 10012
(212) 614-6438
fax: (212) 614-6499
kadidal@ccljustice.org

SO ORDERED fuis of _ _ __,2010

~--

-------~-----~---~----------~-----

DENISE L. COTE

United States District Judge

2

..- ..-----·-·--··---. - - · - · - _..

 
 Case: 1:07-cv-03883-DLC As of: 09/17/2013 04:49 PM EDT 1 of 23

U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:07−cv−03883−DLC

CLOSED, ECF

Wilner et al v. National Security Agency et al Assigned to: Judge Denise L. Cote Cause: 05:552 Right to Privacy Act
Plaintiff Thomas Wilner

Date Filed: 05/17/2007 Date Terminated: 07/12/2010 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant
represented by Michael Ratner Center For Constitutional Rights 666 Broadway 7th Floor New York, NY 10012−2317 (212) 614−6438 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012 (212)614−6438 Fax: (212)614−6499 Email: shanek@ccr−ny.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012 212 614 6424 Fax: 212 614 6499 Email: emaclean@ccrjustice.org TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton Butler Rubin Saltarelli &Boyd LLP 70 W. Madison Street, Suite 1800 Chicago, IL 60602 (312)−444−9660 Fax: (312)−444−9843 Email: jshelton@butlerrubin.com PRO HAC VICE
Karen M. Borg Butler Rubin Saltarelli &Boyd LLP 70 W. Madison Street, Suite 1800 Chicago, IL 60602 (312)−444−9660 Fax: (312)−444−9843 Email: kborg@butlerrubin.com PRO HAC VICE
Mark A. Schwartz Butler Rubin Saltarelli &Boyd LLP 70 W. Madison Street, Suite 1800

Case: 1:07-cv-03883-DLC
Plaintiff Gitanjali Gutierrez
Plaintiff Michael J. Sternhell

As of: 09/17/2013 04:49 PM EDT 2 of 23
Chicago, IL 60602 (312)−444−9660 Fax: (312)−444−9294 Email: mschwartz@butlerrubin.com PRO HAC VICE
Pardiss Kebriaei Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012 (212)−614−6452 Fax: (212)−614−6499 Email: pkebriaei@ccr−ny.org ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei (See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton

Case: 1:07-cv-03883-DLC
Plaintiff Jonathan Wells Dixon TERMINATED: 11/02/2007
Plaintiff Joshua Colangelo Bryan

As of: 09/17/2013 04:49 PM EDT 3 of 23
(See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei (See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Pardiss Kebriaei (See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei

Case: 1:07-cv-03883-DLC Plaintiff Brian J. Neff
Plaintiff Joseph Margulies

As of: 09/17/2013 04:49 PM EDT 4 of 23
(See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei (See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei

Case: 1:07-cv-03883-DLC Plaintiff Scott S. Barker
Plaintiff Anne Castle TERMINATED: 10/23/2009

As of: 09/17/2013 04:49 PM EDT 5 of 23
(See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei (See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei

Case: 1:07-cv-03883-DLC Plaintiff James E. Dorsey
Plaintiff Asmah Tareen

As of: 09/17/2013 04:49 PM EDT 6 of 23
(See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei (See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei

Case: 1:07-cv-03883-DLC Plaintiff Richard A. Grigg
Plaintiff Thomas R. Johnson

As of: 09/17/2013 04:49 PM EDT 7 of 23
(See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei (See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei

Case: 1:07-cv-03883-DLC Plaintiff George Brent Mickum, IV
Plaintiff Stephen M. Truitt

As of: 09/17/2013 04:49 PM EDT 8 of 23
(See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei (See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei

Case: 1:07-cv-03883-DLC Plaintiff Jonathan Hafetz
Plaintiff Jonathan Wells Dixon

As of: 09/17/2013 04:49 PM EDT 9 of 23
(See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei (See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei

Case: 1:07-cv-03883-DLC Plaintiff Tina M. Foster
Plaintiff Alison Sclater

As of: 09/17/2013 04:49 PM EDT 10 of 23
(See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei (See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei

Case: 1:07-cv-03883-DLC Plaintiff Marc D. Falkoff
Plaintiff David H. Remes

As of: 09/17/2013 04:49 PM EDT 11 of 23
(See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei (See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei

Case: 1:07-cv-03883-DLC Plaintiff H. Candace Gorman
Plaintiff Charles Carpenter

As of: 09/17/2013 04:49 PM EDT 12 of 23
(See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei (See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei

Case: 1:07-cv-03883-DLC Plaintiff John A. Chandler
Plaintiff Clive Stafford Smith

As of: 09/17/2013 04:49 PM EDT 13 of 23
(See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei (See above for address) ATTORNEY TO BE NOTICED
represented by Michael Ratner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Shayana Devendra Kadidal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emilou Harris MacLean (See above for address) TERMINATED: 09/29/2009 ATTORNEY TO BE NOTICED
Julie P. Shelton (See above for address) PRO HAC VICE
Karen M. Borg (See above for address) PRO HAC VICE
Mark A. Schwartz (See above for address) PRO HAC VICE
Pardiss Kebriaei

Case: 1:07-cv-03883-DLC

As of: 09/17/2013 04:49 PM EDT 14 of 23
(See above for address) ATTORNEY TO BE NOTICED

V. Defendant National Security Agency
Defendant Department of Justice

represented by Alexander Kenneth Haas U.S. Department of Justice, Civil Division 1100 L Street Nw, Room 10100 Washington, DC 20005 (202)−307−3937 Fax: (202)−616−8470 Email: alexander.haas@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rupa Bhattacharyya U.S. Department of Justice, Civil Division 1100 L Street Nw, Room 10100 Washington, DC 20005 (202) 514−3146 Fax: (202) 318−7593 Email: rupa.bhattacharyya@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alexander Kenneth Haas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rupa Bhattacharyya (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/17/2007
05/17/2007 05/17/2007 05/17/2007 06/28/2007

# Docket Text
1 COMPLAINT against National Security Agency, Department of Justice. (Filing Fee $ 350.00, Receipt Number 619981)Document filed by Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Gitanjali Gutierrez, Michael J. Sternhell, Jonathan Wells Dixon.(jpo) Additional attachment(s) added on 6/13/2007 (Becerra, Maribel). (Entered: 05/31/2007)
SUMMONS ISSUED as to National Security Agency, Department of Justice. (jpo) (Entered: 05/31/2007)
Magistrate Judge Douglas F. Eaton is so designated. (jpo) (Entered: 05/31/2007)
Case Designated ECF. (jpo) (Entered: 05/31/2007)
2 AMENDED COMPLAINT amending 1 Complaint, against National Security Agency, Department of Justice. Document filed by Jonathan Hafetz, Jonathan Wells Dixon, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Clive Stafford Smith, Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Gitanjali Gutierrez, Michael J. Sternhell, Jonathan Wells Dixon. Related document: 1 Complaint, filed by Jonathan Wells Dixon, Asmah Tareen, James E. Dorsey, Joseph Margulies,

Case: 1:07-cv-03883-DLC As of: 09/17/2013 04:49 PM EDT 15 of 23

06/28/2007 08/02/2007 08/02/2007
09/10/2007 09/25/2007 10/30/2007 11/02/2007
11/02/2007

Richard A. Grigg, Joshua Colangelo Bryan, Thomas Wilner, Anne Castle, Gitanjali Gutierrez, Thomas R. Johnson, Michael J. Sternhell, Brian J. Neff, Scott S. Barker, Stephen M. Truitt, George Brent Mickum, IV.(jco) Additional attachment(s) added on 7/17/2007 (Correa, Julie). (Entered: 06/29/2007)
***NOTE TO ATTORNEY TO E−MAIL PDF. Note to Attorney Shayana Kadidal for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E−MAIL the PDF for Document 2 Amended Complaint, to: case_openings@nysd.uscourts.gov. (jco) (Entered: 06/29/2007)
3 NOTICE OF APPEARANCE by Rupa Bhattacharyya on behalf of National Security Agency, Department of Justice (Bhattacharyya, Rupa) (Entered: 08/02/2007)
4 ANSWER to Amended Complaint. Document filed by National Security Agency, Department of Justice. Related document: 2 Amended Complaint,,, filed by Jonathan Wells Dixon, Richard A. Grigg, Thomas Wilner, Anne Castle, John A. Chandler, Tina M. Foster, Gitanjali Gutierrez, Jonathan Hafetz, David H. Remes, Stephen M. Truitt, Charles Carpenter, Asmah Tareen, Joseph Margulies, James E. Dorsey, Joshua Colangelo Bryan, Clive Stafford Smith, Marc D. Falkoff, Alison Sclater, Thomas R. Johnson, Brian J. Neff, Michael J. Sternhell, Scott S. Barker, H. Candace Gorman, Jonathan Wells Dixon, George Brent Mickum, IV.(Bhattacharyya, Rupa) (Entered: 08/02/2007)
5 NOTICE OF INITIAL PRETRIAL CONFERENCE:Initial Conference set for 9/28/2007 at 04:00 PM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 9/10/07) (tro) (Entered: 09/10/2007)
6 ENDORSED LETTER addressed to Judge Denise Cote from Rupa Bhattacharyya dated 9/24/2007 re: Parties request a continuance of the initial pre−trial conference currently scheduled for September 28, 2007. ENDORSEMENT: Conference is adjourned to 10/26/2007 at 12:30 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 9/25/2007) (gr) (Entered: 09/25/2007)
7 PRETRIAL SCHEDULING ORDER: Plaintiffs shall amend their complaint by 11/2/2007. Parties' summary judgment motions: Defendants' motion to be served by 2/22/2008. Plaintiffs' opposition and cross motion to be served by 3/14/2008. Defendants' reply and opposition to be served by 4/4/2008. Plaintiff's reply to be served by 4/11/2008. (Signed by Judge Denise L. Cote on 10/29/2007) (jar) (Entered: 11/01/2007)
8 NOTICE OF APPEARANCE by Pardiss Kebriaei on behalf of Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith, Jonathan Wells Dixon (Kebriaei, Pardiss) (Entered: 11/02/2007)
9 SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF amending 2 Amended Complaint, against National Security Agency, Department of Justice. Document filed by Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith. Related document: 2 Amended Complaint, filed by Jonathan Wells Dixon, Richard A. Grigg, Thomas Wilner, Anne Castle, John A. Chandler, Tina M. Foster, Gitanjali Gutierrez, Jonathan Hafetz, David H. Remes, Stephen M. Truitt, Charles Carpenter, Asmah Tareen, Joseph Margulies, James E. Dorsey, Joshua Colangelo Bryan, Clive Stafford Smith, Marc D. Falkoff, Alison Sclater, Thomas R. Johnson, Brian J. Neff, Michael J. Sternhell, Scott S. Barker, H. Candace Gorman, Jonathan Wells Dixon, George Brent Mickum, IV. (jco)

Case: 1:07-cv-03883-DLC As of: 09/17/2013 04:49 PM EDT 16 of 23

11/19/2007
11/28/2007
12/04/2007 12/06/2007 12/12/2007 02/22/2008 02/27/2008
03/18/2008 03/18/2008 03/18/2008

(Entered: 11/05/2007)
10 ANSWER to Amended Complaint. Document filed by National Security Agency, Department of Justice. Related document: 9 Amended Complaint,,,, filed by Richard A. Grigg, Thomas Wilner, Anne Castle, John A. Chandler, Tina M. Foster, Gitanjali Gutierrez, Jonathan Hafetz, David H. Remes, Stephen M. Truitt, Charles Carpenter, Asmah Tareen, Joseph Margulies, James E. Dorsey, Joshua Colangelo Bryan, Clive Stafford Smith, Marc D. Falkoff, Alison Sclater, Thomas R. Johnson, Brian J. Neff, Michael J. Sternhell, Scott S. Barker, H. Candace Gorman, Jonathan Wells Dixon, George Brent Mickum, IV.(Bhattacharyya, Rupa) (Entered: 11/19/2007)
11 MOTION for James I. Rubin, Julie P. Shelton, Karen M. Borg and Mark A. Schwartz to Appear Pro Hac Vice for plaintiffs. Document filed by Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith. One (1) Proposed Order for all four (4) attorneys attached.(db) (Entered: 12/03/2007)
CASHIERS OFFICE REMARK on 11 Motion to Appear Pro Hac Vice,, in the amount of $100.00, paid on 11/28/2007, Receipt Number 634466. (jd) (Entered: 12/04/2007)
12 MEMORANDUM ENDORSEMENT re: 11 Motion for James I. Rubin, Julie P. Shelton, Karen M. Borg and Mark A. Schwartz to Appear Pro Hac Vice for plaintiffs. ENDORSEMENT: GRANTED. (Signed by Judge Denise L. Cote on 12/6/07) (db) (Entered: 12/07/2007)
Transmission to Attorney Admissions Clerk. Transmitted re: 12 Order on Motion to Appear Pro Hac Vice to the Attorney Admissions Clerk for updating of Attorney Information. (db) (Entered: 12/12/2007)
13 NOTICE OF APPEARANCE by Alexander Kenneth Haas on behalf of National Security Agency, Department of Justice (Haas, Alexander) (Entered: 02/22/2008)
14 ENDORSED LETTER addressed to Judge Denise L. Cote from Alexander Haas dated 2/22/08 re: counsel for defendants requests a modification of the previous briefing schedule as follows: 3/18/08 government to file motion for partial summary judgment relating to its "Glomar" defense along with all supporting materials upon which the Government will rely. 4/15/08 Plaintiffs to file opposition to Government's motion for summary judgment on Government's "Glomar" defense. 5/6/08 Government to file reply in support of its motion for summary judgment on Government's "Glomar" defense. 3/28/08 Government to produce to Plaintiffs draft indices in support of its non "Glomar" defense. 4/18/08 Government to file its motion for summary judgment on document defense, along with any declarations and modified or supplemental indices upon which the Government will rely. Week of 4/28/08 The parties requests that the Court set a status conference. ENDORSEMENT: There shall be no sur reply. Conference is scheduled for 4/25/08 at 2:00 p.m. (Signed by Judge Denise L. Cote on 2/27/08) (dle) (Entered: 02/27/2008)
15 MOTION for Partial Summary Judgment. Document filed by National Security Agency, Department of Justice. Responses due by 4/15/2008(Haas, Alexander) (Entered: 03/18/2008)
16 MEMORANDUM OF LAW in Support re: 15 MOTION for Partial Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 03/18/2008)
17 DECLARATION of Joseph J. Brand in Support re: 15 MOTION for Partial Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 03/18/2008)

Case: 1:07-cv-03883-DLC As of: 09/17/2013 04:49 PM EDT 17 of 23

03/18/2008 03/18/2008 03/31/2008
04/16/2008
04/25/2008
05/05/2008 05/05/2008 05/05/2008 05/05/2008 05/05/2008 05/05/2008 05/05/2008 05/05/2008 05/05/2008

18 DECLARATION of J. Michael McConnell in Support re: 15 MOTION for Partial Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 03/18/2008)
19 DECLARATION of David M. Hardy in Support re: 15 MOTION for Partial Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 03/18/2008)
20 ENDORSED LETTER addressed to Judge Denise L. Cote from Mark Schwartz dated 3/28/08 re: Request to modify the briefing scheudule as follows: ENDORSEMENT: So ordered. There shall be no further extensions of the 5/6 date. Set Deadlines/Hearing as to 15 MOTION for Partial Summary Judgment. ( Response due by 5/6/2008. Reply due by 5/27/2008.) (Signed by Judge Denise L. Cote on 3/31/08) (cd) (Entered: 04/01/2008)
21 ENDORSED LETTER addressed to Judge Denise L. Cote from Alexander K. Haas dated 4/14/2008 re: Requesting a modification, as set herein, of the current briefing schedule. ENDORSEMENT: The Government's summary judgment motion on the non−Glomar defense is due April 28, 2008. The conference is adjourned to May 8, 2008 at 3:00 p.m. (Signed by Judge Denise L. Cote on 4/16/2008) (jpo) (Entered: 04/17/2008)
22 ENDORSED LETTER addressed to Judge Denise L. Cote from Alexander Haas dated 4/24/08 re: Request for a short extension of time to file the Government motion for summary judgment. ENDORSEMENT: Granted. Government's motion is due 5/5. To permit the parties an adequate opportunity to consult, the conference is adjourned to 5/12 at 10:00 am. ( Motion due by 5/5/2008. Status Conference reset for 5/12/2008 at 10:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 4/25/08) (cd) (Entered: 04/25/2008)
23 MOTION for Summary Judgment. Document filed by National Security Agency, Department of Justice.(Haas, Alexander) (Entered: 05/05/2008)
24 MEMORANDUM OF LAW in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/05/2008)
25 AFFIDAVIT of Joseph J. Brand (Redacted) in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/05/2008)
26 AFFIDAVIT of DNI J. Michael McConnell (Redacted) in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/05/2008)
27 FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of Steven G. Bradbury (Redacted) in Support re: 23 MOTION for Summary Judgment. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) Modified on 5/6/2008 (jar). (Entered: 05/05/2008)
28 FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of Steven G. Bradbury (Exhibits) in Support re: 23 MOTION for Summary Judgment. Document filed by National Security Agency. (Haas, Alexander) Modified on 5/6/2008 (jar). (Entered: 05/05/2008)
29 DECLARATION of Melanie Pustay in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency. (Haas, Alexander) (Entered: 05/05/2008)
30 DECLARATION of Kathy Hsu in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/05/2008)
31 DECLARATION of James Kovakas in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/05/2008)

Case: 1:07-cv-03883-DLC As of: 09/17/2013 04:49 PM EDT 18 of 23

05/05/2008 05/05/2008 05/05/2008 05/05/2008 05/05/2008 05/06/2008 05/06/2008 05/06/2008
05/06/2008 05/06/2008 05/06/2008 05/06/2008 05/06/2008

32 DECLARATION of Kaletus L. McCain in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/05/2008)
33 FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of David M. Hardy (Redacted) in Support re: 23 MOTION for Summary Judgment. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) Modified on 5/6/2008 (jar). (Entered: 05/05/2008)
34 FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of David M Hardy (Exhibits) in Support re: 23 MOTION for Summary Judgment. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) Modified on 5/6/2008 (jar). (Entered: 05/05/2008)
35 DECLARATION of Matthew G Olsen (Redacted) in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/05/2008)
36 NOTICE of Lodging of Classified Exhibits re: 27 Declaration in Support of Motion, 33 Declaration in Support of Motion, 35 Declaration in Support of Motion, 25 Affidavit in Support of Motion, 26 Affidavit in Support of Motion. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/06/2008)
37 DECLARATION of Joseph J Brand (Redacted) (Corrected) in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/06/2008)
38 DECLARATION of DNI J. Michael McConnell (Redacted) (Corrected) in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 05/06/2008)
39 ENDORSED LETTER addressed to Judge Denise L. Cote from Alexander K. Haas dated 5/5/08 re: Counsel for defendants, the National Security Agency and the United States Department of Justice request permission to exceed by the Court's 25 page limit for memoranda of law in relation to the Government's motion for summary judgment and to file a brief not to exceed 66 pages. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/6/08) (tro) (Entered: 05/06/2008)
***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Alexander Haas to RE−FILE Document 27 Declaration in Support of Motion. ERROR(S): Exhibits are not file separately. Exhibits are filed as attachments to the document they are supporting. (jar) (Entered: 05/06/2008)
***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Alexander Haas to RE−FILE Document 28 Declaration in Support of Motion. ERROR(S): Exhibits are not file separately. Exhibits are filed as attachments to the document they are supporting. (jar) (Entered: 05/06/2008)
***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Alexander Haas to RE−FILE Document 33 Declaration in Support of Motion. ERROR(S): Exhibits are not file separately. Exhibits are filed as attachments to the document they are supporting. (jar) (Entered: 05/06/2008)
***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Alexander Haas to RE−FILE Document 34 Declaration in Support of Motion. ERROR(S): Exhibits are not file separately. Exhibits are filed as attachments to the document they are supporting. (jar) (Entered: 05/06/2008)
40 MEMORANDUM OF LAW in Opposition re: 15 MOTION for Partial Summary Judgment.. Document filed by Thomas Wilner. (Attachments: # 1 Appendix Declarations 1−8, # 2 Appendix Declarations 9−14, # 3 Appendix Declarations 14−18)(Schwartz, Mark) (Entered: 05/06/2008)

Case: 1:07-cv-03883-DLC As of: 09/17/2013 04:49 PM EDT 19 of 23

05/07/2008 05/07/2008 05/14/2008 06/03/2008 06/06/2008
06/06/2008
06/09/2008
06/25/2008 07/29/2008 07/30/2008

41 DECLARATION of Steven G. Bradbury (Redacted) (Refiled Per Court Notice) in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Attachments: # 1 Exhibit Exhibits to Bradbury Declaration)(Haas, Alexander) (Entered: 05/07/2008)
42 DECLARATION of David M Hardy (Redacted) (Refiled Per Court Notice) in Support re: 23 MOTION for Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Attachments: # 1 Exhibit Exhibits to Hardy Declaration)(Haas, Alexander) (Entered: 05/07/2008)
43 PRETRIAL SCHEDULING ORDER: Government's reply in support of their motion for partial summary judgment on the Glomar defense shall be due by June 3, 2008. By June 6, 2008, plaintiffs shall submit a status letter to the Court. (Signed by Judge Denise L. Cote on 5/14/08) (tro) (Entered: 05/14/2008)
44 REPLY MEMORANDUM OF LAW in Support re: 15 MOTION for Partial Summary Judgment.. Document filed by National Security Agency, Department of Justice. (Haas, Alexander) (Entered: 06/03/2008)
45 FILING ERROR − DEFICIENT DOCKET ENTRY − (SELECTED THE WRONG FILERS) −NOTICE OF APPEARANCE by Emilou Harris MacLean on behalf of Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, National Security Agency, Department of Justice, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith, Jonathan Wells Dixon (MacLean, Emilou) Modified on 6/10/2008 (lb). (Entered: 06/06/2008)
46 NOTICE OF APPEARANCE by Emilou Harris MacLean on behalf of Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith (MacLean, Emilou) (Entered: 06/06/2008)
47 ENDORSED LETTER addressed to Judge Denise L. Cote from Shayana Kadidal dated 6/4/2008 re: Counsel for plaintiffs write to request that the Court place the Government's non−Glomar summary judgment motion on the Court's suspense calendar, and hold in abeyance briefing on that motion pending final resolution of the related FOIA cases, including any appeals. ENDORSEMENT: The non−Glomar 5/5 motion is denied without prejudice to its renewal in the event that the parties agree that issues encompassed by the motion remain unresolved in related litigation. Status letter is due 12/15/2008. (Signed by Judge Denise L. Cote on 6/9/2008) (tve) (Entered: 06/09/2008)
48 OPINION AND ORDER # 96173: For reasons further set forth in said Order, defendants' 3/18/08 15 MOTION for Partial Summary Judgment is GRANTED. (Signed by Judge Denise L. Cote on 6/25/08) (db) Modified on 6/30/2008 (rw). (Entered: 06/25/2008)
49 FILING ERROR − DEFICIENT DOCKET ENTRY − MOTION for Entry of Judgment under Rule 54(b) Unopposed. Document filed by Thomas Wilner.(Schwartz, Mark) Modified on 7/30/2008 (jar). (Entered: 07/29/2008)
***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mark Schwartz to RE−FILE Document 49 MOTION for Entry of Judgment under Rule 54(b) Unopposed. ERROR(S): Filer Error. Each individual party associated with the filing of the motion must be selected as Filer when prompted on the Select Filer Screen. Ex/ If a motion is being filed by all plaintiffs then each individual plaintiff must be selected as filer, not just one plaintiff. (jar) (Entered: 07/30/2008)

Case: 1:07-cv-03883-DLC As of: 09/17/2013 04:49 PM EDT 20 of 23

07/30/2008
07/31/2008 07/31/2008 07/31/2008 09/17/2008
09/24/2008
09/24/2008 09/24/2008 09/24/2008

50 MOTION for Entry of Judgment under Rule 54(b) Unopposed. Document filed by Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith.(Schwartz, Mark) (Entered: 07/30/2008)
51 MEMORANDUM OPINION &ORDER #96308: For reasons further set forth in said Order, plaintiff's 7/29/08 50 Unopposed MOTION for Rule 54(b) Certification is granted. The Clerk of Court shall enter partial judgment in defendants' favor on the claims associated with FOIA Request No.1. (Signed by Judge Denise L. Cote on 7/31/08) (db) Modified on 8/1/2008 (pl). (Entered: 07/31/2008)
Transmission to Judgments and Orders Clerk. Transmitted re: 51 Memorandum &Opinion, to the Judgments and Orders Clerk. (db) (Entered: 07/31/2008)
52 CLERK'S Rule 54(b) JUDGMENT That for the reasons stated in the Court's Memorandum Opinion and Order dated July 31, 2008, there is no just reason for delay pursuant to Fed. R. Civ. 54(b), partial judgment is entered in defendants favor on the claims associated with FOIA Request No. 1. (Signed by J. Michael McMahon, clerk on 7/31/08) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 08/01/2008)
53 FILING ERROR − ELECTRONIC FILING FOR NON−ECF DOCUMENT − NOTICE of Notice of Appeal. Document filed by Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith. (Schwartz, Mark) Modified on 9/24/2008 (kkc). (Entered: 09/17/2008)
54 NOTICE OF APPEAL from 52 Clerk's Judgment, 48 Memorandum &Opinion, 51 Memorandum &Opinion,. Document filed by Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, Anne Castle, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith, Jonathan Wells Dixon. Filing fee $ 455.00, receipt number E 663985. (nd) (Entered: 09/24/2008)
Transmission of Notice of Appeal to the District Judge re: 54 Notice of Appeal. (nd) (Entered: 09/24/2008)
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 54 Notice of Appeal,,. (nd) (Entered: 09/24/2008)
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 3 Notice of Appearance filed by Department of Justice, National Security Agency, 47 Endorsed Letter,, 24 Memorandum of Law in Support of Motion filed by Department of Justice, National Security Agency, 44 Reply Memorandum of Law in Support of Motion filed by Department of Justice, National Security Agency, 42 Declaration in Support of Motion, filed by Department of Justice, National Security Agency, 14 Endorsed Letter, Set Deadlines/Hearings,,,,,,,, 40 Memorandum of Law in Opposition to Motion filed by Thomas Wilner, 20 Endorsed Letter, Set Motion and RRDeadlines/Hearings,, 6 Endorsed Letter, Set Deadlines/Hearings,, 50 MOTION for Entry of Judgment under Rule 54(b) Unopposed. MOTION for Entry of Judgment under Rule 54(b) Unopposed. MOTION for Entry of Judgment under Rule 54(b) Unopposed. filed by Richard A. Grigg, Thomas Wilner, Anne Castle, John A. Chandler, Tina M. Foster, Gitanjali Gutierrez, Jonathan Hafetz, David H. Remes, Stephen M. Truitt, Charles Carpenter, Asmah Tareen, Joseph Margulies, James E. Dorsey, Joshua Colangelo Bryan, Clive Stafford Smith, Marc D. Falkoff, Alison Sclater, Thomas

Case: 1:07-cv-03883-DLC As of: 09/17/2013 04:49 PM EDT 21 of 23
R. Johnson, Brian J. Neff, Michael J. Sternhell, Scott S. Barker, H. Candace Gorman, Jonathan Wells Dixon, George Brent Mickum, IV, 41 Declaration in Support of Motion, filed by Department of Justice, National Security Agency, 27 Declaration in Support of Motion filed by Department of Justice, National Security Agency, 16 Memorandum of Law in Support of Motion filed by Department of Justice, National Security Agency, 31 Declaration in Support of Motion filed by Department of Justice, National Security Agency, 23 MOTION for Summary Judgment. filed by Department of Justice, National Security Agency, 13 Notice of Appearance filed by Department of Justice, National Security Agency, 52 Clerk's Judgment, 46 Notice of Appearance,, filed by Richard A. Grigg, Thomas Wilner, Anne Castle, John A. Chandler, Tina M. Foster, Gitanjali Gutierrez, Jonathan Hafetz, David H. Remes, Stephen M. Truitt, Charles Carpenter, Asmah Tareen, James E. Dorsey, Joseph Margulies, Joshua Colangelo Bryan, Clive Stafford Smith, Marc D. Falkoff, Alison Sclater, Thomas R. Johnson, Brian J. Neff, Michael J. Sternhell, Scott S. Barker, H. Candace Gorman, Jonathan Wells Dixon, George Brent Mickum, IV, 17 Declaration in Support of Motion filed by Department of Justice, National Security Agency, 12 Order on Motion to Appear Pro Hac Vice, 48 Memorandum &Opinion, 35 Declaration in Support of Motion filed by Department of Justice, National Security Agency, 18 Declaration in Support of Motion filed by Department of Justice, National Security Agency, 39 Endorsed Letter, 32 Declaration in Support of Motion filed by Department of Justice, National Security Agency, 29 Declaration in Support of Motion filed by National Security Agency, 36 Notice (Other), Notice (Other) filed by Department of Justice, National Security Agency, 43 Scheduling Order, Set Motion and RRDeadlines/Hearings,, 15 MOTION for Partial Summary Judgment. filed by Department of Justice, National Security Agency, 25 Affidavit in Support of Motion filed by Department of Justice, National Security Agency, 21 Endorsed Letter, Set Deadlines/Hearings,, 10 Answer to Amended Complaint,, filed by Department of Justice, National Security Agency, 19 Declaration in Support of Motion filed by Department of Justice, National Security Agency, 38 Declaration in Support of Motion filed by Department of Justice, National Security Agency, 54 Notice of Appeal,, filed by Jonathan Wells Dixon, Richard A. Grigg, Thomas Wilner, Anne Castle, John A. Chandler, Tina M. Foster, Gitanjali Gutierrez, Jonathan Hafetz, David H. Remes, Stephen M. Truitt, Charles Carpenter, Asmah Tareen, James E. Dorsey, Joseph Margulies, Joshua Colangelo Bryan, Clive Stafford Smith, Marc D. Falkoff, Alison Sclater, Thomas R. Johnson, Brian J. Neff, Michael J. Sternhell, Scott S. Barker, H. Candace Gorman, Jonathan Wells Dixon, George Brent Mickum, IV, 11 MOTION for James I. Rubin, Julie P. Shelton, Karen M. Borg and Mark A. Schwartz to Appear Pro Hac Vice. filed by Richard A. Grigg, Thomas Wilner, Anne Castle, John A. Chandler, Tina M. Foster, Gitanjali Gutierrez, Jonathan Hafetz, David H. Remes, Stephen M. Truitt, Charles Carpenter, Asmah Tareen, James E. Dorsey, Joseph Margulies, Joshua Colangelo Bryan, Clive Stafford Smith, Marc D. Falkoff, Alison Sclater, Thomas R. Johnson, Brian J. Neff, Michael J. Sternhell, Scott S. Barker, H. Candace Gorman, Jonathan Wells Dixon, George Brent Mickum, IV, 22 Endorsed Letter, Set Deadlines/Hearings,, 30 Declaration in Support of Motion filed by Department of Justice, National Security Agency, 2 Amended Complaint,,, filed by Jonathan Wells Dixon, Richard A. Grigg, Thomas Wilner, Anne Castle, John A. Chandler, Tina M. Foster, Gitanjali Gutierrez, Jonathan Hafetz, David H. Remes, Stephen M. Truitt, Charles Carpenter, Asmah Tareen, James E. Dorsey, Joseph Margulies, Joshua Colangelo Bryan, Clive Stafford Smith, Marc D. Falkoff, Alison Sclater, Thomas R. Johnson, Brian J. Neff, Michael J. Sternhell, Scott S. Barker, H. Candace Gorman, Jonathan Wells Dixon, George Brent Mickum, IV, 51 Memorandum &Opinion, 4 Answer to Amended Complaint,, filed by Department of Justice, National Security Agency, 26 Affidavit in Support of Motion filed by Department of Justice, National Security Agency, 9 Amended Complaint,,,, filed by Richard A. Grigg, Thomas Wilner, Anne Castle, John A. Chandler, Tina M. Foster, Gitanjali Gutierrez, Jonathan Hafetz, David H. Remes, Stephen M. Truitt, Charles Carpenter, Asmah Tareen, James E. Dorsey, Joseph Margulies, Joshua Colangelo Bryan, Clive Stafford Smith, Marc D. Falkoff, Alison Sclater, Thomas R. Johnson, Brian J. Neff, Michael J. Sternhell, Scott S. Barker, H. Candace Gorman, Jonathan Wells Dixon, George Brent Mickum, IV, 37 Declaration in Support of Motion filed by Department of Justice, National Security Agency, 5 Order for Initial Pretrial Conference, 8 Notice of Appearance,, filed by Jonathan Wells Dixon, Richard A. Grigg, Thomas Wilner, Anne Castle, John A. Chandler,

Case: 1:07-cv-03883-DLC As of: 09/17/2013 04:49 PM EDT 22 of 23

12/16/2008 09/29/2009
10/15/2009
10/16/2009 10/23/2009 12/31/2009 01/22/2010 02/01/2010
03/11/2010

Tina M. Foster, Gitanjali Gutierrez, Jonathan Hafetz, David H. Remes, Stephen M. Truitt, Charles Carpenter, Asmah Tareen, James E. Dorsey, Joseph Margulies, Joshua Colangelo Bryan, Clive Stafford Smith, Marc D. Falkoff, Alison Sclater, Thomas R. Johnson, Brian J. Neff, Michael J. Sternhell, Scott S. Barker, H. Candace Gorman, Jonathan Wells Dixon, George Brent Mickum, IV, 1 Complaint, filed by Jonathan Wells Dixon, Richard A. Grigg, Thomas Wilner, Anne Castle, Gitanjali Gutierrez, Stephen M. Truitt, Asmah Tareen, James E. Dorsey, Joseph Margulies, Joshua Colangelo Bryan, Thomas R. Johnson, Brian J. Neff, Michael J. Sternhell, Scott S. Barker, George Brent Mickum, IV, 7 Scheduling Order, were transmitted to the U.S. Court of Appeals. (nd) (Entered: 09/24/2008)
55 ENDORSED LETTER addressed to Judge Denise L. Cote from Kathryn Sabbeth dated 12/12/08 re: Status of Case. ENDORSEMENT: Status letter due 12/15/09. ( Status Report/letter due by 12/15/2009.) (Signed by Judge Denise L. Cote on 12/15/08) (cd) (Entered: 12/16/2008)
56 NOTICE OF WITHDRAWAL OF APPEARANCE: Pursuant to Local Rule 1A, the undersigned counsel, Emilou Harris MacLean, who is no longer employed by the Center for Constitutional Rights, respectfully requests to withdraw her appearance as counsel for the plaintiffs in the above−captioned matter. Shayana Kadidal of the Center for Constitutional Rights, who has already entered an appearance, will continue to represent the plaintiffs in the above−captioned matter. (Signed by Judge Denise L. Cote on 9/29/2009) (jpo) Modified on 10/13/2009 (jpo). (Entered: 09/30/2009)
57 REFERRED TO JUDGE FOR APPROVAL − STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above−captioned action is voluntarily dismissed, against the defendant(s) National Security Agency, Department of Justice and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Anne Castle, National Security Agency, Department of Justice.(Kadidal, Shayana) Modified on 10/16/2009 (dt). (Entered: 10/15/2009)
***NOTE TO ATTORNEY − DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Shayana Kadidal Document 57 Stipulation of Voluntary Dismissal, was referred to Judge Denise L. Cote for approval. (dt) (Entered: 10/16/2009)
58 MEMO ENDORSED ON STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(A)(1)(A)(II) OF CLAIMS OF PLAINTIFF ANNE CASTLE: ENDORSEMENT: Finding no reason for delay in entering this partial dismissal, It is approved. So Ordered (Signed by Judge Denise L. Cote on 10/22/09) (js) (Entered: 10/26/2009)
59 ORDER that the parties shall submit a joint status update letter to the Court by 1/29/10. (Signed by Judge Denise L. Cote on 12/30/09) (dle) (Entered: 12/31/2009)
60 NOTICE of Substitution of Attorney. Old Attorney: Alexander K. Haas, New Attorney: Caroline Lewis Wolverton, Address: U.S. Department of Justice, 20 Massachusetts Ave., NW, Washington, DC, USA 20007, 202−514−0265. Document filed by National Security Agency, Department of Justice. (Wolverton, Caroline) (Entered: 01/22/2010)
61 ENDORSED LETTER addressed to Judge Denise L. Cote from Mark Schwartz dated 1/29/2010 re: The parties propose to submit a joint status report to this Court within 2 weeks after the time for filing a petition for certiorari with the United States Supreme Court−that is, on or before 4/13/2010. ENDORSEMENT: Status report due May 1, 2010. The letter shall address non−Glomar track issues in more detail. So Ordered. (Signed by Judge Denise L. Cote on 2/1/2010) (jfe) (Entered: 02/02/2010)
62 MANDATE of USCA (Certified Copy) as to 54 Notice of Appeal,, filed by Jonathan Wells Dixon, Richard A. Grigg, Thomas Wilner, Anne Castle, John A. Chandler, Tina M. Foster, Gitanjali Gutierrez, Jonathan Hafetz, David H. Remes, Stephen M. Truitt, Charles Carpenter, Asmah Tareen, Joseph Margulies, James E. Dorsey, Joshua Colangelo Bryan, Clive Stafford Smith, Marc D. Falkoff, Alison

Case: 1:07-cv-03883-DLC As of: 09/17/2013 04:49 PM EDT 23 of 23

03/11/2010 05/04/2010 05/04/2010
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07/12/2010

Sclater, Thomas R. Johnson, Brian J. Neff, Michael J. Sternhell, Scott S. Barker, H. Candace Gorman, Jonathan Wells Dixon, George Brent Mickum, IV USCA Case Number 08−4726−cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 3/11/2010. (nd) (Entered: 03/11/2010)
Transmission of USCA Mandate/Order to the District Judge re: 62 USCA Mandate,,,. (nd) (Entered: 03/11/2010)
63 ENDORSED LETTER addressed to Judge Denise L. Cote from Shayana Kadidal dated 5/3/10 re: Joint status report is provided, pursuant to the order of 2/2/10. ENDORSEMENT: Status letter is due 7/2/10. ( Status Report due by 7/2/2010.) (Signed by Judge Denise L. Cote on 5/4/10) (cd) (Entered: 05/04/2010)
64 NOTICE of Substitution of Attorney. Old Attorney: Alexander K. Haas, Rupa Bhattacharyya, New Attorney: Caroline Lewis Wolverton, Address: U.S. Department of Justice, Civil Division, Federal Programs Branch, 20 Massachusetts Ave., N.W., Room 7150, Washington, DC, USA 20001, 202−514−0265. Document filed by National Security Agency, Department of Justice. (Wolverton, Caroline) (Entered: 05/04/2010)
65 CONSENT MOTION for Extension of Time to File Status Report. Document filed by Joshua Colangelo Bryan, Brian J. Neff, Joseph Margulies, Scott S. Barker, James E. Dorsey, Asmah Tareen, Richard A. Grigg, Thomas R. Johnson, George Brent Mickum, IV, Stephen M. Truitt, Thomas Wilner, Jonathan Hafetz, Jonathan Wells Dixon, Gitanjali Gutierrez, Tina M. Foster, Alison Sclater, Marc D. Falkoff, David H. Remes, H. Candace Gorman, Charles Carpenter, John A. Chandler, Michael J. Sternhell, Clive Stafford Smith, Jonathan Wells Dixon.(Kadidal, Shayana) (Entered: 07/02/2010)
66 MEMO ENDORSEMENT on 65 CONSENT MOTION FOR EXTENSION OF TIME TO FILE STATUS REPORT. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/6/2010) (jpo) (Entered: 07/06/2010)
Set Deadlines/Hearings: Status Report due by 7/9/2010. (jpo) (Entered: 07/06/2010)
67 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above−captioned action is voluntarily dismissed, without prejudice against the defendant(s) all parties and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by National Security Agency, Department of Justice.(Wolverton, Caroline) (Entered: 07/09/2010)
68 STIPULATION AND ORDER OF PARTIAL DISMISSAL. The parties to this action under the Freedom of Information Act, by and through their respective counsel and pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure, hereby stipulate to dismissal without prejudice of Plaintiffs' non−Glomar claims in this case, with each party bearing his/its own fees and costs. The Clerk of Court shall close the case. (Signed by Judge Denise L. Cote on 7/12/10) (djc) (Entered: 07/12/2010)