Hepting et al v. AT&T Corp. et al

Filing 232

Amicus Curiae APPEARANCE entered by Jennifer Stisa Granick on behalf of Amici Law Professors, Susan Freiwald. (Attachments: # 1 Proposed Order Proposed Order re: Participation# 2 Freiwald et. al. Law Professors Amici Brief)(Granick, Jennifer) (Filed on 6/16/2006)

Hepting et al v. AT&T Corp. et al

Doc. 232

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Susan Freiwald, Pro Hac Vice NY Reg. No. 2557627 Professor of Law UNIVERSITY OF SAN FRANCISCO SCHOOL OF LAW 2130 Fulton Street San Francisco, California 94117-1080 Telephone: [phone] Email: [e-mail]

6 In Pro Se as Amicus Curiae 7 Lauren Gelman, State Bar No. 228734 Jennifer Stisa Granick, State Bar No. 168423 8 STANFORD LAW SCHOOL CYBERLAW CLINIC 9 CENTER FOR INTERNET & SOCIETY Crown Quadrangle 10 559 Nathan Abbott Way Stanford, California 94305-8610 11 Telephone: [phone] Facsimile: [phone] 12 Email: [e-mail] 13 Attorneys for Amicus Curiae Law Professors 14 15 16 17 18
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: C 06-0672-VRW APPLICATION AND [PROPOSED] ORDER RE: PARTICIPATION OF AMICUS CURIAE LAW PROFESSORS REGARDING MOTION TO DISMISS, OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT BY THE INTERVENOR UNITED STATES OF AMERICA Hearing Date: June 21, 2006 Judge: The Hon. Vaughn R. Walker Courtroom: 6, 17th Floor

TASH HEPTING, GREGORY HICKS, 19 CAROLYN JEWEL, and ERIC KNUTZEN On Behalf of Themselves and All Others 20 Similarly Situated, 21 22 23 v. Plaintiffs,

AT&T CORPORATION, AT&T 24 INCORPORATED, and DOES 1-2, Inclusive, 25 Defendants. 26 27 28

APPLICATION AND [PROPOSED] ORDER RE: PARTICIPATION OF AMICUS CURIAE LAW PROFESSORS REGARDING MOTION TO DISMISS Case No. C-06-0672-VRW

Dockets.Justia.com

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REQUEST FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE Applicants Amici Curiae Law Professors ("Amici") are law professors whose

3 scholarship, teaching, and practice focus on electronic surveillance and constitutional law. 4 Amici wish to submit this brief to the Court to highlight the historical role the 5 judicial branch has played in regulating surveillance and to show that the information 6 necessary to prove or defend against Plaintiffs interception claims is publicly known and 7 not protected by the state secrets privilege. 8 Therefore, Amici hereby request the Court's permission to submit an amicus brief 9 on the issue of whether this Court should dismiss the above-captioned case on state 10 secrets grounds asserted by the Intervenor United States in its Motion to Dismiss, or in 11 the Alternative for Summary Judgment. 12 On June 9, 2006, Lauren Gelman, Attorney for Amici, spoke with Anthony 13 Coppolino, attorney for the United States of America. The United States of America, through its counsel Mr. Coppolino, informed Amici that it does not object to the 14 participation of Amici in briefing on the Motion to Dismiss, or in the Alternative for 15 Summary Judgment by the Intervenor United States of America provided that such 16 participation is acceptable to the Court. 17 On June 15, 2006, Jennifer Granick, Attorney for Amici, spoke with Kurt Opsahl, 18 attorney for Plaintiffs. Plaintiffs informed Amici that they do not object to the 19 participation of Amici in briefing on the Motion to Dismiss, or in the Alternative for 20 Summary Judgment by the Intervenor United States of America, provided that such 21 participation is acceptable to the Court. 22 On June 15, 2006, Jennifer Granick, Attorney for Amici, received an email from 23 Bruce A. Ericson attorney for Defendants AT&T Corp. and AT&T Inc. Defendants, 24 through their counsel, informed Amici that the do not object to the participation of Amici 25 in briefing on the Motion to Dismiss, or in the Alternative for Summary Judgment by the 26 Intervenor United States of America provided that such participation is acceptable to the 27 Court, the United States and that the brief is filed on June 16, 2006. 28
APPLICATION AND [PROPOSED] ORDER RE: PARTICIPATION OF AMICUS CURIAE LAW PROFESSORS REGARDING MOTION TO DISMISS Case No. C-06-0672-VRW

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CONCLUSION In view of there being no opposition to the instant application, Amici hereby

3 request that this Court issue an order stating that Amici Law Professors be permitted to 4 participate in the hearing on the above-referenced Motion by filing the Brief attached to 5 this Application. 6 7 Dated: June 16, 2006 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
APPLICATION AND [PROPOSED] ORDER RE: PARTICIPATION OF AMICUS CURIAE LAW PROFESSORS REGARDING MOTION TO DISMISS Case No. C-06-0672-VRW

Respectfully submitted, By: /S/ Susan Freiwald Susan Freiwald, Pro Hac Vice Voice: [phone] Email: [e-mail] UNIVERSITY OF SAN FRANCISCO SCHOOL OF LAW 2130 Fulton Street San Francisco, CA 94117-1080 In Pro Se as Amicus Curiae By: /S/ Lauren A. Gelman Lauren A. Gelman Voice: [phone] Email: [e-mail] /S/ Jennifer S. Granick Jennifer S. Granick Voice: [phone] Email: [e-mail] STANFORD LAW SCHOOL CENTER FOR INTERNET & SOCIETY CYBERLAW CLINIC Crown Quadrangle 559 Nathan Abbott Way Stanford, California 94305-8610 Attorneys for Intervenor Plantiffs Amici Curiae Law Professors

By:

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