In re National Security Agency Telecommunications Records Litigation

Filing 727

Memorandum in Opposition Government Defendants' Response in Opposition to Plaintiffs' Proposed Judgment and Re: Alternative Form of Judgment; Accompanying Alternative Form of Judgment Al-Haramain Islamic Foundation v. Obama et al. (07-cv-109-VRW) filed byUnited States. (Attachments: # 1 Exhibit)(Coppolino, Anthony) (Filed on 4/30/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MICHAEL F. HERTZ 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 Counsel U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Rm. 6102 Washington, D.C. 20001 Phone: (202) 514-4782--Fax: (202) 616-8460 Attorneys for the Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION IN RE NATIONAL SECURITY AGENCY TELECOMMUNICATIONS RECORDS LITIGATION This Document Solely Relates To: Al-Haramain Islamic Foundation et al. v. Obama, et al. (07-cv-109-VRW) ) ) ) ) ) ) ) ) ) ) ) ) ) No. M:06-CV-01791-VRW GOVERNMENT DEFENDANTS' ALTERNATIVE FORM OF JUDGMENT Date: (No Hearing Set) Time: Courtroom: 6, 17th Floor Chief Judge Vaughn R. Walker The Government Defendants in this action hereby submit this alternative form of judgment pursuant to the Court's Orders dated March 31, 2010 (Dkts. 721/115) and April 19, 2010 (Dkts. 724/118). By the submission of this alternative form of judgment, the Defendants do not consent to the entry of any judgment against them in this case for any damages or relief (including the alternative judgment below), and we continue to oppose the Court's liability determination on which any such judgment would be based. Rather, should the Court determine Government Defendants' Alternative Form of Judgment Al-Haramain v. Obama (07-cv-109-VRW) (MDL 06-cv-1791-VRW) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to enter judgment against the Defendants over their objection, Defendants have submitted this alternative form of judgment solely to set forth their position that only limited relief would be available to plaintiffs in any event under the Court's contested decision finding liability and applicable law. Any judgment entered against the Defendants (including the alternative form of judgment) would then be subject to appeal by Defendants. The Government's position is set forth further in the Government Defendants' Response in Opposition to Plaintiffs' Proposed Judgment, submitted herewith. Dated: April 30, 2010 Respectfully Submitted, MICHAEL F. HERTZ 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/ Marcia Berman MARCIA BERMAN Senior Counsel U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW, Rm. 6102 Washington, D.C. 20001 Phone: (202) 514-4782--Fax: (202) 616-8460 Attorneys for the Defendants Government Defendants' Alternative Form of Judgment Al-Haramain v. Obama (07-cv-109-VRW) (MDL 06-cv-1791-VRW) -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ALTERNATIVE FORM OF JUDGMENT This matter came before the Court on Plaintiffs' motion for partial summary judgment on the issue of Defendants' liability under Section 1810 of the Foreign Intelligence Surveillance Act ("FISA"), 50 U.S.C. 1810, and on Defendants' motion to dismiss the amended complaint and cross-motion for summary judgment. On March 31, 2010, the Court issued a Memorandum of Decision and Order granting Plaintiffs' motion and denying Defendants' motions. Dkts. 721/115. Based on the Memorandum of Decision and Order, and pursuant to Rule 54 of the Federal Rules of Civil Procedure, IT IS HEREBY ADJUDGED AS FOLLOWS: 1. The Court has determined that the Defendants in their official capacities are adjudged liable for liquidated damages pursuant to 50 U.S.C. 1810. See Dkts. 721/115. 2. The Court's liability determination and this judgment are entered over the continued opposition of the Defendants and are subject to Defendants' right to appeal. 3. Based on the showing made by Plaintiffs in this case, Plaintiffs Belew and Ghafoor are entitled to an award of solely $1,000 in minimum liquidated damages per plaintiff pursuant to 50 U.S.C. 1810(a). 4. Plaintiffs shall not recover punitive damages. 5. All claims against ROBERT S. MUELLER III in his individual capacity are dismissed without leave to amend. 6. All other claims against Defendants for violations of constitutional and other law, set forth in plaintiffs' amended complaint (Dkts. 458/35), shall be and are hereby dismissed. 7. Plaintiffs' request for a declaratory judgment is denied. 8. Plaintiffs' request for equitable relief pursuant to 50 U.S.C. 1806(g) and the Court's equitable powers is denied. 9. The Court defers any determination on plaintiffs' eligibility for fees recoverable under 50 U.S.C. 1810(c), or the reasonableness of any fees, until the entry of judgment and the filing of a properly supported motion for attorney fees, including the amount of any reasonable Government Defendants' Alternative Form of Judgment Al-Haramain v. Obama (07-cv-109-VRW) (MDL 06-cv-1791-VRW) -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 attorney-fee award that plaintiffs may seek. IT IS SO ORDERED AND ADJUDGED. DATE: ________________________________ VAUGHN R. WALKER United States District Chief Judge Government Defendants' Alternative Form of Judgment Al-Haramain v. Obama (07-cv-109-VRW) (MDL 06-cv-1791-VRW) -4-

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