Jewel et al v. National Security Agency et al

Filing 48

NOTICE by United States of America of Order by Court of Appeals Granting Rehearing En Banc (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Ahern, Paul) (Filed on 10/28/2009)

Jewel et al v. National Security Agency et al

Doc. 48

Case3:08-cv-04373-VRW Document48

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BETH S. BRINKMANN Deputy Assistant Attorney General DOUGLAS N. LETTER Terrorism Litigation Counsel JOSEPH H. HUNT Director, Federal Programs Branch VINCENT M. GARVEY Deputy Branch Director ANTHONY J. COPPOLINO Special Litigation Counsel MARCIA BERMAN Senior Trial Counsel PAUL E. AHERN Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, D.C. 20001 Phone: [phone] Fax: [phone] Attorneys for the Government Defendants Sued in their Official Capacity UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

) ) ) ) ) Plaintiffs, ) ) v. ) ) NATIONAL SECURITY AGENCY ("NSA"); ) KEITH B. ALEXANDER, Director of the NSA; ) UNITED STATES OF AMERICA; ) BARACK OBAMA, President of the United ) States; UNITED STATES DEPARTMENT OF ) JUSTICE; ERIC HOLDER, Attorney General ) of the United States; DENNIS C. BLAIR, ) Director of National Intelligence. ) ) Government Defendants ) Sued in Their Official Capacity. ) _______________________________________) CAROLYN JEWEL, TASH HEPTING, GREGORY HICKS, ERIK KNUTZEN, and JOICE WALTON,

Case No. C:08-cv-4373-VRW NOTICE OF ORDER BY COURT OF APPEALS GRANTING REHEARING EN BANC IN MOHAMED V. JEPPESEN DATAPLAN, INC. Chief Judge Vaughn R. Walker

N o t ic e of Order by Court of Appeals Granting Rehearing En Banc in Moham e d v. Jeppesen Dataplan, Inc. J e w e l et al. v. National Security Agency et al., Case No. 08-cv-4373-VRW

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Case3:08-cv-04373-VRW Document48

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NOTICE OF ORDER BY COURT OF APPEALS GRANTING REHEARING EN BANC IN MOHAMED V. JEPPESEN DATAPLAN, INC. Government Defendants hereby give notice of the attached Order, Ex.1, issued yesterday by the United States Court of Appeals for the Ninth Circuit, that the case of Mohamed v. Jeppesen Dataplan, Inc., 579 F.3d 943 (9th Cir. amended Aug. 31, 2009), is to be reheard en banc by that Court during the week of December 14, 2009, Ex.2. Plaintiffs in this action relied on the panel's decision in Jeppesen in opposing the Government Defendants' pending Motion to Dismiss and for Summary Judgment by arguing, among other things, that Jeppesen foreclosed this Court from dismissing the action or granting summary judgment to the Government at this juncture. (See Dkt. 29 at 18-23). In light of this decision to rehear the case en banc, however, the panel opinion in Jeppesen is not precedent to any district court of the Ninth Circuit. See Ex.1; Ninth Cir. R. 35-3 advisory committee's note; Ninth Cir. Gen. Order 5.5(d). October 28, 2009 Respectfully Submitted, BETH S. BRINKMANN Deputy Assistant Attorney General DOUGLAS N. LETTER Terrorism Litigation Counsel JOSEPH H. HUNT Director, Federal Programs Branch VINCENT M. GARVEY Deputy Branch Director s/ Anthony J. Coppolino ANTHONY J. COPPOLINO Special Litigation Counsel s/ Paul E. Ahern PAUL E. AHERN Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Rm. 6102 Washington, D.C. 20001 Phone: [phone] Fax: [phone] Attorneys for the Government Defendants Sued in their Official Capacity
N o t ic e of Order by Court of Appeals Granting Rehearing En Banc in Moham e d v. Jeppesen Dataplan, Inc. J e w e l et al. v. National Security Agency et al., Case No. 08-cv-4373-VRW