Jewel et al v. National Security Agency et al

Filing 34

Declaration of Cindy A. Cohn in Support of 33 MOTION Administrative Relief from Improper Motion for Reconsideration by Individual Capacity Defendants filed byTash Hepting, Gregory Hicks, Carolyn Jewel, Erik Knutzen, Joice Walton. (Related document(s) 33 ) (Cohn, Cindy) (Filed on 7/13/2009)

Jewel et al v. National Security Agency et al

Doc. 34

Case3:08-cv-04373-VRW Document34

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ELECTRONIC FRONTIER FOUNDATION CINDY COHN (145997) [e-mail] LEE TIEN (148216) KURT OPSAHL (191303) KEVIN S. BANKSTON (217026) JAMES S. TYRE (083117) 454 Shotwell Street San Francisco, CA 94110 Telephone: [phone]; Fax: [phone] RICHARD R. WIEBE (121156) [e-mail] LAW OFFICE OF RICHARD R. WIEBE 425 California Street, Suite 2025 San Francisco, CA 94104 Telephone: [phone]; Fax: [phone] Attorneys for Plaintiffs

THOMAS E. MOORE III (115107) [e-mail] THE MOORE LAW GROUP 228 Hamilton Avenue, 3rd Floor Palo Alto, CA 94301 Telephone: [phone]; Fax: [phone] KEKER & VAN NEST, LLP RACHAEL E. MENY (178514) [e-mail] PAUL L. BLIZZARD (207920) MICHAEL S. KWUN (198945) AUDREY WALTON-HADLOCK (250574) 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone]; Fax: [phone]

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CAROLYN JEWEL, et al., Plaintiffs, v. NATIONAL SECURITY AGENCY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. C-08-4373-VRW DECLARATION OF CINDY COHN IN SUPPORT OF PLAINTIFFS' MOTION FOR ADMINISTRATIVE RELIEF FROM IMPROPER MOTION FOR RECONSIDERATION BY INDIVIDUAL CAPACITY DEFENDANTS REQUEST FOR IMMEDIATE STATUS CONFERENCE Local Rule 7-11

I, CINDY A. COHN, hereby declare, 1. I am an attorney of record for Plaintiffs in this action and a member of good Standing of

the California State Bar, and am admitted to practice before this Court. I have personal knowledge of the matters stated in this declaration. If called upon to do so, I am competent to testify to all matters set forth herein.

DECLARATION OF CINDY A. COHN IN SUPPORT OF PLAINTIFFS MOTION FOR ADMINISTRATIVE RELIEF FROM IMPROPER MOTION FOR RECONSIDERATION BY INDIVIDUAL CAPACITY DEFENDANTS

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Case3:08-cv-04373-VRW Document34

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2.

On afternoon of Friday, July 10, 2009 the Individual Capacity Defendants filed a

Motion for Relief from this Court's April 28 and May 8 Orders (Dkt No. 32). The Defendants did not seek to meet and confer with Plaintiffs before filing this motion. 3. On Monday, July 13, 2009 at 9:45am California time, I called counsel for the Individual

Capacity Defendants, James Whitman, and left a message informing him that the motion was an improper Motion for Reconsideration that did not properly follow the local rules. I asked that he withdraw it. I also informed him that if the Individual Capacity Defendants did not do so, I would be bringing this to the Court's attention later that day or early the next. 4. Mr. Whitman responded at 12:05pm via email stating that the Individual Capacity

Defendants do not believe that the motion they filed last Friday is governed by Civil Local Rule 79 regarding motions for reconsideration, and are therefore unwilling to voluntarily withdraw the motion. 5. Subsequently I notified Mr. Whitman by email that Plaintiffs intended to seek a status

conference and the parties agreed that, if one is to be held, it would be most efficiently held on July 15, 2009 after the Motion to Dismiss brought by the other defendants in this action. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

DATED: July 13, 2009 By /s/Cindy A. Cohn Cindy A. Cohn, Esq.

DECLARATION OF CINDY A. COHN IN SUPPORT OF PLAINTIFFS MOTION FOR ADMINISTRATIVE RELIEF FROM IMPROPER MOTION FOR RECONSIDERATION BY INDIVIDUAL CAPACITY DEFENDANTS

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