Shubert et al v. Bush et al

Filing 26

ORDER re 25 Letter filed by Hilary Botein, Virginia Shubert, Sarah Dranoff, Noha Arafa. Signed by Judge Vaughn R Walker on 5/14/2009. (vrwlc3, COURT STAFF) (Filed on 5/14/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This document relates to: Schubert et al v Bush et al, No C 07-0693 / On May 5, 2009, the plaintiffs herein submitted to the court a letter advising the court of the Ninth Circuit's April 28, 2009 opinion in Mohamed v Jeppesen Dataplan, Inc, No 08-15693. #25/MDL Doc #610. Doc IN RE: NATIONAL SECURITY AGENCY TELECOMMUNICATIONS RECORDS LITIGATION MDL Docket No 06-1791 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Referring to the instant case, the letter notes

that "[t]he government moved to dismiss the entire case on state secrets grounds in May 25, 2007 [sic] and oral argument on the motion took place on August 30, 2007." The letter makes no

reference to the fact that the motion in question, MDL Doc #295, was terminated by order of the court on March 31, 2008 with express leave granted to the moving party to "petition the court to reopen these motions if the circumstances so warrant." Doc #438.

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

To date, the United States has not petitioned the court to reopen the motion to dismiss this case. Should the United

States ever do so, it is directed to address in its petition the applicability of the Ninth Circuit's opinion in Mohamed v Jeppesen Dataplan.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

2