KLAYMAN v. OBAMA et al

Filing 63

MOTION Status Conference by LARRY E. KLAYMAN, CHARLES STRANGE, MARY ANN STRANGE (Attachments: # 1 Exhibit 1 -- Fox News article, # 2 Text of Proposed Order)(Klayman, Larry)

IN UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
LARRY KLAYMAN, et. al
Plaintiffs,
v.
BARACK HUSSEIN OBAMA II, et. al

Defendants.

Civil Action No. 13-CV-851

PLAINTIFFS' MOTION FOR STATUS CONFERENCE

Plaintiffs believe that a status conference would be prudent at this time to discuss how
this case will proceed following the preliminary injunction order which issued on December 16,
2013. While the preliminary injunction order was stayed pending the appeal, the NSA
Defendant, represented by the Obama Justice Department, has thus far shown no inclination to
take an expeditious appeal, as no notice of appeal has thus far been filed. To the contrary, it
appears that the Obama Justice Department is hanging back to delay implementation of the
court's preliminary injunction order -- as it likely intends to "stretch" out the appellate process,
perhaps tactically hoping that the recent contrary decision by the U.S. District Court for the
Southern District of New York will be upheld by the U.S. Court of Appeals for the Second
Circuit before any appeal before the U.S. Court of Appeals for the District of Columbia Circuit is
ever decided.
In addition, a status conference may be prudent to discuss the procedure and timing for
this case to move forward through discovery while the NSA defendant pursues any appeal of the
Court's stayed preliminary injunction order. Given the NSA's on-going activities in spying on the

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totality of the American people without regard to whether or not there is probable cause that they
are communicating with terrorists or terrorist groups or, with new revelations today that even
computers have been bugged (See Exhibit 1 -- Fox News article entitled, "German Magazine
Claims NSA Hacking Unit Uses Powerful Methods to Obtain Data") (substantiating the sworn
affidavits of Plaintiff Charley Strange (Docket No. 13-2) and expert David Siler (Docket No. 341)), as well as the likelihood that the offending Verizon related conduct is continuing given that
the preliminary injunction order has been temporarily stayed pending appeal, moving this case
toward trial without delay is crucial. This court has stated that it will not tolerate delay from the
government or any party in this regard, during the prior status conference of October 31, 2013.
Pursuant to Local Rule 7(m), the Plaintiffs conferred with counsel for the Defendants
regarding the relief they seek in this motion. The NSA Defendant, through their Obama Justice
Department Counsel, responded that it unequivocally does not want a status conference. The
Verizon Defendants have indicated that they do not take a position with respect to Plaintiffs’
request for a status conference.
WHEREFORE, Plaintiffs respectfully request a status conference at the earliest
practicable date, and if possible between the afternoon of January 7th and the morning of January
10, 2014.

Dated: December 30, 2013
Respectfully submitted,
/s/ Larry Klayman
Larry Klayman, Esq.
Freedom Watch, Inc.
D.C. Bar No. 334581
2020 Pennsylvania Ave. NW, Suite 800
Washington, DC 20006
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Tel: [phone]
Email: [e-mail]

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 30th day of December a true and correct copy of the foregoing
Plaintiffs' Motion for Status Conference (Civil Action No. 13-cv- 851) was submitted
electronically to the District Court for the District of Columbia and served via CM/ECF upon the
following:

James J. Gilligan
Special Litigation Counsel
Civil Division, Federal Programs Branch
U.S. Department of Justice
P.O. Box 883
Washington, D.C. 20044
[phone]
Email: [e-mail]
Randolph D. Moss
WILMER CUTLER PICKERING HALE & DORR LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20006
[phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants.
Respectfully submitted,
/s/ Larry Klayman
Larry Klayman, Esq.
D.C. Bar No. 334581
Klayman Law Firm
2020 Pennsylvania Ave. NW, Suite 345
Washington, DC 20006
Tel: [phone]

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