KLAYMAN v. OBAMA et al

Filing 52

MOTION to Dismiss or, in the Alternative for Summary Judgment, Regarding Plaintiffs' Claims Against the Verizon Defendants by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Patton, Rodney). Added MOTION for Summary Judgment on 12/17/2013 (znmw, ).

UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
____________________________________
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LARRY KLAYMAN, et al.,
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Plaintiffs,
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Civil Action No.
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1:13-cv-00851-RJL
v.
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BARACK OBAMA, President of the
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United States, et al.,
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Defendants.
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____________________________________)
[PROPOSED] ORDER
Before the Court is the Motion to Dismiss, or, in the Alternative, Motion for Summary
Judgment Regarding, Plaintiffs’ Claims Against the Verizon Defendants brought by Defendant
United States Department of Justice (“DOJ”), pursuant to Section 802 of the Foreign Intelligence
Surveillance Act (“FISA”), 50 U.S.C. § 1885a. Based on Defendant DOJ’s motion, the public
certification of the Deputy Attorney General of the United States, the classified supplement to
the DOJ motion, and any response thereto, it is ordered, that the motion by DOJ shall be and
hereby is granted. The Court finds that the Deputy Attorney General of the United States has
properly certified, pursuant to FISA Section 802, that a cause or action may not lie or be
maintained against defendants Verizon Communications and its Chief Executive Officer (CEO),
Lowell C. McAdam. Accordingly, given that there is substantial evidence to support the Deputy
Attorney General’s conclusion, Plaintiffs’ claims against both Verizon Communications and
CEO McAdam shall be and hereby are dismissed.
AND IT IS SO ORDERED.

Honorable Richard J. Leon
U.S. District Judge