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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 CAROLYN JEWEL, ET AL., 9 Plaintiffs, 10 No. C 08-04373 JSW No. C 13-03287 JSW 11 NATIONAL SECURITY AGENCY, ET AL., For the Northern District of California United States District Court v. 12 Defendants. ORDER GRANTING TEMPORARY RESTRAINING ORDER 13 14 15 FIRST UNITARIAN CHURCH OF LOS ANGELES, ET AL., 16 17 18 19 Plaintiffs, v. NATIONAL SECURITY AGENCY, ET AL., Defendants. 20 / 21 22 This matter is now before the Court on Plaintiffs’ ex parte motion for a temporary 23 restraining order requesting immediate relief. The Court HEREBY ORDERS that its prior 24 evidence preservation orders in these related matters shall be enforced. It is undisputed that the 25 Court would be unable to afford effective relief once the records are destroyed, and therefore 26 the harm to Plaintiffs would be irreparable. A temporary restraining order is necessary and 27 appropriate in order to allow the Court to decide whether the evidence should be preserved with 28 the benefit of full briefing and participation by all parties. 1 Accordingly, it is HEREBY ORDERED that Defendants, their officers, agents, servants. 2 employees, and attorneys, and all those in active concert or participation with them are 3 prohibited, enjoined, and restrained from destroying any potential evidence relevant to the 4 claims at issue in this action, including but not limited to prohibiting the destruction of any 5 telephone metadata or “call detail” records, pending further order of the Court. The Court 6 determines that there is no security necessary under the circumstances. 7 The Court sets the following briefing and hearing schedule, all in PST, in this matter: 8 Plaintiffs’ opening brief shall be filed no later than March 13, 2014 at 2:00 p.m. 9 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. 11 For the Northern District of California United States District Court 10 The hearing on this issue shall be set for March 19, 2014 at 2:00 p.m. 12 13 14 IT IS SO ORDERED. Dated: March 10, 2014 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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