Jewel et al v. National Security Agency et al

Filing 189

ORDER GRANTING (86 in 3:13-cv-03287-JSW) Motion for Temporary Restraining Order, (186 in 3:08-cv-04373-JSW) Motion for Temporary Restraining Order. Motions due by 3/13/2014 at 2:00 p.m. Responses due by 3/17/2014 at 11:00 a.m. Replies due by 3/18/2014 at 2:00 p.m. Motion Hearing set for 3/19/2014 02:00 PM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on March 10, 2014. (jswlc3, COURT STAFF) (Filed on 3/10/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CAROLYN JEWEL, ET AL.,
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Plaintiffs,
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No. C 08-04373 JSW
No. C 13-03287 JSW

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NATIONAL SECURITY AGENCY, ET AL.,
For the Northern District of California

United States District Court

v.
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Defendants.

ORDER GRANTING
TEMPORARY RESTRAINING
ORDER

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FIRST UNITARIAN CHURCH OF LOS
ANGELES, ET AL.,

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Plaintiffs,
v.
NATIONAL SECURITY AGENCY, ET AL.,
Defendants.

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/
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This matter is now before the Court on Plaintiffs’ ex parte motion for a temporary

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restraining order requesting immediate relief. The Court HEREBY ORDERS that its prior

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evidence preservation orders in these related matters shall be enforced. It is undisputed that the

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Court would be unable to afford effective relief once the records are destroyed, and therefore

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the harm to Plaintiffs would be irreparable. A temporary restraining order is necessary and

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appropriate in order to allow the Court to decide whether the evidence should be preserved with

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the benefit of full briefing and participation by all parties.

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Accordingly, it is HEREBY ORDERED that Defendants, their officers, agents, servants.

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employees, and attorneys, and all those in active concert or participation with them are

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prohibited, enjoined, and restrained from destroying any potential evidence relevant to the

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claims at issue in this action, including but not limited to prohibiting the destruction of any

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telephone metadata or “call detail” records, pending further order of the Court. The Court

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determines that there is no security necessary under the circumstances.

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The Court sets the following briefing and hearing schedule, all in PST, in this matter:

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Plaintiffs’ opening brief shall be filed no later than March 13, 2014 at 2:00 p.m.

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Defendants’ opposition brief shall be filed no later than March 17, 2014 at 11:00 a.m.
Plaintiffs’ reply brief shall be filed no later than March 18, 2014 at 2:00 p.m.

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For the Northern District of California

United States District Court

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The hearing on this issue shall be set for March 19, 2014 at 2:00 p.m.

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IT IS SO ORDERED.
Dated: March 10, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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