In re National Security Agency Telecommunications Records Litigation

Filing 44

Memorandum in Opposition re 39 MOTION Scheduling Order AT&Ts Response to Hepting Plaintiffs' Administrative Motion for Scheduling Order (Dkt. 39) filed byAT&T Corp., AT&T, Inc., AT&T Corp., AT&T, Inc., AT&T Corp., AT&T Corp., AT&T Corp., AT&T Inc., AT&T Corp., AT&T, Inc., AT&T Corp., AT&T Inc., AT&T, Inc., AT&T Corp., AT&T Corp.(a New York corporation), AT&T Inc.(a Delaware corporation). (Attachments: # 1 Exhibit A, B, C)(Sorensen, Jacob) (Filed on 10/6/2006)

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EXHIBIT A In re: National Security Agency Telecommunications Records Litigation MDL-06-1791 I. CHRONOLOGY OF TRANSFERS. August 9, 2006: The Judicial Panel on Multidistrict Litigation ("Panel") issued an Initial Transfer Order ("ITO") transferring to this Court seventeen actions previously pending outside the Northern District of California. August 17, 2006: The Panel modified the ITO to remove one case (Potter v. Bellsouth Corp.), which had been dismissed. All of the other 16 ITO actions except Mayer v. Verizon Commc'ns, Inc., No. 1:06-3650 (S.D.N.Y.), have been received and docketed by this Court. August 31, 2006: The Panel issued a Conditional Transfer Order ("CTO-1"), conditionally transferring to this Court 21 "tag-along" actions that the Panel determined have "questions of fact common to the actions previously transferred" to this Court. (Dkt. 37). The plaintiffs in four of the 21 actions subject to CTO-1 opposed transfer and have filed motions to vacate. Those actions are: Mink v. AT&T Commc'ns, et al., C.A. 4:06-1113 (E.D. Mo.), Shubert, et al. v. Bush, et al., C.A. 1:06-2282 (E.D.N.Y.), Center for Constitutional Rights, et al. v. Bush, et al., C.A. 1:06-313 (S.D.N.Y.), and Al-Haramain Islamic Foundation, Inc., et al. v. Bush, et al., 3:06274 (D. Or.). (A fifth case, Tyler v. AT&T, Inc., et al., was removed from CTO-1, as it was dismissed by the United States District Court for the District of Nebraska.) Shubert, CCR and Al-Haramain are cases brought directly against the United States to which the telecommunications carriers are not parties; only Mink involves AT&T. Defendants' responses to the motions to vacate are due between October 17 and 22, 2006. The remaining 16 actions were transferred on September 25, 2006; five have been received and docketed by this Court. September 11, 2006: The Panel issued a Second Conditional Transfer Order ("CTO-2") conditionally transferring to this Court one tag-along action. The plaintiffs in that action, Bready, et al. v. Verizon Maryland, Inc., C.A. 1:06-2185, did not oppose the CTO. CTO-2 was filed with this Court on October 4, 2006 (Dkt. 41). September 25, 2006: Actions covered by CTO-1 in which plaintiffs did not oppose transfer and which were not dismissed (16 of 21 actions) were transferred to this Court. Receipt and docketing in this Court remain pending for 11 of the 16 actions transferred. September 28, 2006: The Panel issued a Third Conditional Transfer Order ("CTO-3") conditionally transferring to this Court five additional actions: United States v. Palermino, et al., C.A. 3:06-1405 (D. Conn.); United States v. Adams, et al., C.A. 1:06-97 (Me); United States v. Gaw, et al., C.A. 4:06-1132 (E.D. Mo); Clayton, et al. v. AT&T Commc'ns of the Southwest, Inc., et al., C.A. 2:06-4177 (W.D. Mo.); United States v. Farber, 3:06-2683 (D. N.J.). These actions involve a different category of claims from those previously transferred: with the exception of Clayton, which is a subpoena enforcement action brought by two Commissioners of the Missouri Public Utilities Commission against AT&T, the remaining cases listed in CTO-3 involve lawsuits brought by the United States against state agencies or officials who are seeking AT&T Response to Dkt. 39, Ex. A, page 1 700545798v2 MDL No. 06-1791-VRW to conduct investigations of alleged carrier cooperation with federal intelligence activities. Oppositions to CTO-3 are due by October 13, 2006. October 3, 2006: AT&T filed a tag-along notice in a newly-filed action, United States v. Volz, et al., C.A. 2:06-00188 (filed Oct. 2, 2006). That case is awaiting a CTO. October 4, 2006: CTO-2 was filed with the Court. October 13, 2006: Oppositions (if any) to CTO-3 are due. October 17-22, 2006: Dates for Defendants to file oppositions to motions to vacate transfer of four cases covered by CTO-1 in which plaintiffs oppose transfer. II. CASE-BY-CASE CHART OF TAGGED AND TRANSFERRED CASES. Case Name Al-Haramain Islamic Foundation, Inc., et al. v. George W. Bush, et al. Transferring Court Case Number C.A. No. 3:06-274 (D. Or.) N.D. Cal. Case Number Transfer Status Part of CTO-1; Plaintiffs have opposed transfer; Defendants' responses due on 10/22/2006 Transferred on 9/25/2006 (CTO-1); N.D. Cal. has not received and/or docketed the case from the transferring court 3:06-cv-05066-VRW Transferred on 8/14/2006 (ITO); case received by N.D. Cal. (Dkt. 10) Transferred on 10/4/2006 (CTO-2); N.D. Cal. has not received and/or docketed the case from the transferring court. Sean Basinski, et al. v. Verizon Communications, Inc. C.A. No.1:06-4169 (S.D.N.Y.) Charles F. Bissit, et al. v. Verizon Communications, Inc., et al. Bready, et al. v. Verizon Maryland, Inc. C.A. No. 1:06-220 (D.R.I.) C.A. No. 1:06-2185 (D. Md.) AT&T Response to Dkt. 39, Ex. A, page 2 700545798v2 MDL No. 06-1791-VRW Case Name Campbell, et al. v. AT&T Communications of California, et al. Center for Constitutional Rights, et al. v. George W. Bush, et. al. Transferring Court Case Number C.A. No. 06-3596 (N.D. Cal.) C.A. No. 1:06-313 (S.D.N.Y.) N.D. Cal. Case Number 3:06-cv-03596-VRW Transfer Status Consolidated into MDL on 8/14/2006 Part of CTO-1; Plaintiffs have opposed transfer; Defendants' responses due on 10/22/2006 Transferred on 9/25/2006 (CTO-1); N.D. Cal. has not received and/or docketed the case from the transferring court Part of CTO-3; Plaintiffs have until 10/13/2006 to oppose transfer Transferred on 8/14/2006 (ITO); case received by N.D. Cal. (Dkt. 32) Transferred on 9/25/2006 (CTO-1); case received by N.D. Cal. (Dkt. 40) Transferred on 9/25/2006 (CTO-1); case received by N.D. Cal. (Dkt. 38) Transferred on 9/25/2006 (CTO-1); case received by N.D. Cal. (Dkt. 38) Transferred on 9/25/2006 (CTO-1); case received by N.D. Cal. (Dkt. 40) Glen Chulsky, et al. v. Cellco Partnership, et al. C.A. No. 2:06-2530 (D.N.J.) Clayton, et al. v. AT&T, et al. C.A. No. 2:06-4177 (W.D. Mo.) Greg Conner, et al. v. AT&T Corp., et al. C.A. No. 1:06-632 (E.D. Cal.) 3:06-cv-05576-VRW Charmaine Crockett, et al. v. Verizon Wireless, et al. Travis Cross, et al. v. AT&T Communications, Inc., et al. Travis Cross, et al. v. AT&T Communications, Inc., et al. Heather Derosier v. Cingular Wireless, LLC, et al. C.A. No. 1:06-345 (D. Haw.) 3:06-cv-06254-VRW C.A. No. 1:06-847 (S.D. Ind.) 3:06-cv-06222-VRW C.A. No. 1:06-932 (S.D. Ind.) 3:06-cv-06224-VRW C.A. No. 2:06-917 (W.D. Wash.) 3:06-cv-06253-VRW AT&T Response to Dkt. 39, Ex. A, page 3 700545798v2 MDL No. 06-1791-VRW Case Name Steve Dolberg v. AT&T Corp., et al. Transferring Court Case Number C.A. No. 9:06-78 (D. Mont.) N.D. Cal. Case Number 3:06-cv-05269-VRW Transfer Status Joan Dubois, et al. v. AT&T Corp., et al. C.A. No. 5:06-85 (W.D. Mich.) Electron Tubes Inc. v. Verizon Communications, Inc. et al. C.A. No. 1:06-4048 (S.D.N.Y.) Theresa Fortnash v. AT&T Corp. C.A. No. 6:06-828 (S.D. Fla.) Rhea Fuller v. Verizon Communications, Inc., et al. Mark E. Guzzi v. George W. Bush, et al. C.A. No. 9:06-77 (D. Mt.) C.A. No. 1:06-136 (N.D. Ga.) D. Clive Hardy v. AT&T Corp. C.A. No. 2:06-2853 (E.D. La.) Transferred on 8/14/2006 (ITO); case received by N.D. Cal. (Dkt. 12). Transferred on 9/25/2006 (CTO-1); N.D. Cal. has not received and/or docketed the case from the transferring court Transferred on 9/25/2006 (CTO-1); N.D. Cal. has not received and/or docketed the case from the transferring court Transferred on 9/25/2006 (CTO-1); N.D. Cal. has not received and/or docketed the case from the transferring court 3:06-cv-05267-VRW Transferred on 8/14/2006 (ITO); case received by N.D. Cal. (Dkt. 12). 3:06-cv-06225-VRW Transferred on 9/25/2006 (CTO-1); case received by N.D. Cal. (Dkt. 38). Transferred on 9/25/2006 (CTO-1); N.D. Cal. has not received and/or docketed the case from the transferring court AT&T Response to Dkt. 39, Ex. A, page 4 700545798v2 MDL No. 06-1791-VRW Case Name James C. Harrington, et al. v. AT&T Inc. Transferring Court Case Number C.A. No. 1:06-374 (W.D. Tex.) N.D. Cal. Case Number 3:06-cv-05452-VRW Transfer Status Transferred on 8/14/2006 (ITO); case received by N.D. Cal. (Dkt. 26). Transferred on 8/14/2006 (ITO) Transferred on 8/14/2006 (ITO); case received by N.D. Cal. (Dkt. 16). Transferred on 8/14/2006 (ITO); case received by N.D. Cal. (Dkt. 16). Transferred on 8/14/2006 (ITO); case received by N.D. Cal. (Dkt. 27). Transferred on 9/25/2006 (CTO-1); N.D. Cal. has not received and/or docketed the case from the transferring court Transferred on 8/14/2006 (ITO); case received by N.D. Cal. (Dkt. 10) Transferred on 8/14/2006 (ITO); case received by N.D. Cal. (Dkt. 10) Transferred on 8/14/2006 (ITO); case received by N.D. Cal. (Dkt. 10) Tash Hepting, et al. v. AT&T Corp., et al. Tina Herron, et al. v. Verizon Global Networks, Inc., et al. Darryl Hines v. Verizon Northwest, Inc. C.A. No. 3:06-0672 (N.D. Cal.) C.A. No. 2:06-2491 (E.D. La.) 3:06-cv-00672-VRW 3:06-cv-05343-VRW C.A. No. 3:06-694 (D. Or.) 3:06-cv-05341-VRW James Joll, et al. v. AT&T Corp., et al. (formerly Schwarz) Rabbi Steven Lebow, et al. v. BellSouth Corp., et al. C.A. No. 1:06-2680 (N.D. Ill.) 3:06-cv-05458-VRW C.A. No. 1:06-1289 (N.D. Ga.) Pamela A. Mahoney v. AT&T Communications, Inc. Pamela A. Mahoney v. Verizon Communications, Inc. Edward Marck, et al. v. Verizon Communications, Inc. C.A. No. 1:06-223 (D.R.I.) 3:06-cv-05065-VRW C.A. No. 1:06-224 (D.R.I.) 3:06-cv-05064-VRW C.A. No. 2:06-2455 (E.D.N.Y.) 3:06-cv-05063-VRW AT&T Response to Dkt. 39, Ex. A, page 5 700545798v2 MDL No. 06-1791-VRW Case Name Carl J. Mayer, et al. v. Verizon Communications, Inc., et al. Transferring Court Case Number C.A. No. 1:06-3650 (S.D.N.Y.) N.D. Cal. Case Number Transfer Status Transferred on 8/14/2006 (ITO); N.D. Cal. has not received and/or docketed the case from the transferring court Part of CTO-1; Plaintiffs have opposed transfer; Defendants' responses due on 10/17/2006 Transferred on 9/25/2006 (CTO); N.D. Cal. has not received and/or docketed the case from the transferring court Consolidated into MDL on 8/14/2006 Claudia Mink v. AT&T Communications of the Southwest, Inc., et al. C.A. No. 4:06-1113 (E.D. Mo.) Roslyn Payne v. Verizon Communications, Inc. C.A. No. 1:06-4193 (S.D.N.Y.) Riordan, et al. v. Verizon Communications, Inc. et al. Roe, et al. v. AT&T Corp. Virginia Shubert, et al. v. George W. Bush, et al. C.A. No. 3:06-3574 (N.D. Cal.) 3:06-cv-03574-VRW C.A. No. 3:06-3467 (N.D. Cal.) C.A. No. 1:06-2282 (E.D.N.Y.) 3:06-cv-03467-VRW Consolidated into MDL on 8/14/2006 Part of CTO-1; Plaintiffs have opposed transfer; Defendants' responses due on 10/18/2006 Transferred on 9/25/2006 (CTO-1); N.D. Cal. has not received and/or docketed the case from the transferring court Mark P. Solomon v. Verizon Communications, Inc. C.A. No. 2:06-2193 (E.D. Pa.) AT&T Response to Dkt. 39, Ex. A, page 6 700545798v2 MDL No. 06-1791-VRW Case Name Shelly D. Souder v. AT&T Corp. et al. Transferring Court Case Number C.A. No. 3:06-1058 (S.D. Cal.) N.D. Cal. Case Number 3:06-cv-05067-VRW Transfer Status Transferred on 8/14/2006 (ITO); case received by N.D. Cal. (Dkt. 10) Consolidated into MDL on 8/14/2006 Transferred on 9/25/2006 (CTO-1); N.D. Cal. has not received and/or docketed the case from the transferring court Transferred on 8/14/2006 (ITO); case received by N.D. Cal. (Dkt. 16). Transferred on 8/14/2006 (ITO); case received by N.D. Cal. (Dkt. 12). Part of CTO-3; Plaintiffs have until 10/13/2006 to oppose the CTO Part of CTO-3; Plaintiffs have until 10/13/2006 to oppose the CTO Part of CTO-3; Plaintiffs have until 10/13/2006 to oppose the CTO Part of CTO-3; Plaintiffs have until 10/13/2006 to oppose the CTO Tag-along notice filed on 10/3/2006 Spielfogel-Landis v. MCI, LLC Richard D. Suchanek, III v. Sprint Nextel Corp. C.A. No. 3:06-4221 (N.D. Cal.) C.A. No. 1:06-71 (W.D. Ky.) 3:06-cv-04221-VRW Studs Terkel, et al. v. AT&T Inc. C.A. No. 1:06-2837 (N.D. Ill.) 3:06-cv-05340-VRW Mary J. Trevino, et al. v. AT&T Corp., et al. C.A. No. 2:06-209 (S.D. Tx.) 3:06-cv-05268-VRW United States v. Adams, C.A. No. 1:06-00097 (D. Me.) et al. United States v. Gaw, et al. C.A. No. 4:06-01132 (E.D. Mo.) United States v. Farber, et al. C.A. No. 3:06-02683 (D.N.J.) United States v. Palermino, et. al. C.A. No. 3:06-01405 (D. Conn.) United States v. Volz, et. al. C.A. No. 2:06-00188 (D. Vt.) AT&T Response to Dkt. 39, Ex. A, page 7 700545798v2 MDL No. 06-1791-VRW Case Name Herbert Waxman v. AT&T Corp. Transferring Court Case Number C.A. No. 1:06-2900 (N.D. Ill.) N.D. Cal. Case Number Transfer Status Transferred on 9/25/2006 (CTO-1); N.D. Cal. has not received and/or docketed the case from the transferring court AT&T Response to Dkt. 39, Ex. A, page 8 700545798v2 MDL No. 06-1791-VRW

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