KLAYMAN v. OBAMA et al
Filing
65
Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the fee was an Appeal by the Government re 64 Notice of Appeal to DC Circuit Court. (znmw, )
APPEAL,JURY,PROSE−NP,TYPE−L
U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:13−cv−00851−RJL
Internal Use Only
KLAYMAN v. OBAMA et al
Assigned to: Judge Richard J. Leon
Demand: $8,000,000
Case: 1:13−cv−00881−RJL
Cause: 28:1331 Fed. Question
Plaintiff
LARRY E. KLAYMAN
Date Filed: 06/06/2013
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
represented by LARRY E. KLAYMAN
PRO SE
Larry E. Klayman
LAW OFFICE OF LARRY KLAYMAN
2020 Pennsylvania Avenue, NW
Suite 345
Washington, DC 20006
(310) 595−0800
Fax: (310) 651−3025
Email: leklayman@yahoo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
CHARLES STRANGE
represented by Larry E. Klayman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
MARY ANN STRANGE
on behalf of themselves and all others
similarly situated
represented by Larry E. Klayman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
BARACK HUSSEIN OBAMA, II
represented by James J. Gilligan
U.S. DEPARTMENT OF JUSTICE
CIVIL DIVISION, FEDERAL
PROGRAMS BRANCH
20 Massachusetts Avenue, NW
Room 5138
1
Washington, DC 20001
(202) 514−3358
Fax: (202) 616−8470
Email: james.gilligan@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Rodney Patton
U.S. DEPARTMENT OF JUSTICE
Federal Programs Branch, Civil Division
20 Massachusetts Avenue
Room 5124
Washington, DC 20001
(202) 305−7919
Fax: (202) 305−2685
Email: rodney.patton@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Marcia Berman
UNITED STATES DEPARTMENT OF
JUSTICE
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, NW
Room 7342
Washington, DC 20530
(202) 514−2205
Fax: (202) 616−8470
Email: marcia.berman@usdoj.gov
ATTORNEY TO BE NOTICED
Defendant
ERIC H. HOLDER, JR.
represented by James J. Gilligan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Rodney Patton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Marcia Berman
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
KEITH B. ALEXANDER
represented by James J. Gilligan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
2
Rodney Patton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Marcia Berman
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
LOWELL C. MCADAMS
represented by Brian M. Boynton
WILMER CUTLER PICKERING HALE
&DORR LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20006
(202) 663−6044
Fax: (202) 663−6363
Email: brian.boynton@wilmerhale.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Randolph D. Moss
WILMER CUTLER PICKERING HALE
&DORR LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20006
(202) 663−6640
Fax: (202) 663−6363
Email: randolph.moss@wilmerhale.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
ROGER VINSON
Defendant
VERIZON COMMUNICATIONS
represented by Brian M. Boynton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Randolph D. Moss
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
NATIONAL SECURITY AGENCY
represented by James J. Gilligan
(See above for address)
3
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James R. Whitman
U.S. DEPARTMENT OF JUSTICE
P.O. Box 7146
Washington, DC 20044
(202) 616−4169
Fax: 202−616−4314
Email: james.whitman@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Rodney Patton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Marcia Berman
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
U.S. DEPARTMENT OF JUSTICE
represented by James J. Gilligan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James R. Whitman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Rodney Patton
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Marcia Berman
(See above for address)
ATTORNEY TO BE NOTICED
Date Filed
#
06/06/2013
1
Page Docket Text
COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400
receipt number 0090−3352655) filed by LARRY E. KLAYMAN.
(Attachments: # 1 Civil Cover Sheet, # 2 Summons Mr. Obama, # 3 Summons
Mr. Holder, # 4 Summons Mr. Alexander, # 5 Summons Mr. McAdam, # 6
Summons Mr. Vinson, # 7 Summons Verizon Communications, # 8 Summons
Department of Justice, # 9 Summons National Security Agency)(Klayman,
Larry) (Entered: 06/06/2013)
4
06/06/2013
Case Assigned to Judge Richard J. Leon. (ls, ) (Entered: 06/07/2013)
06/07/2013
2
ELECTRONIC SUMMONS (8) Issued as to KEITH B. ALEXANDER, ERIC
HIMPTON HOLDER, JR, LOWELL C. MCADAMS, NATIONAL
SECURITY AGENCY, BARACK HUSSEIN OBAMA, II, U.S.
DEPARTMENT OF JUSTICE, VERIZON COMMUNICATIONS, ROGER
VINSON (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4
Summons, # 5 Summons, # 6 Memorandum in Support, # 7 Summons, # 8
Consent Notice)(ls, ) (Entered: 06/07/2013)
06/07/2013
3
CIVIL COVER SHEET (Amended) by LARRY E. KLAYMAN re 1
Complaint, filed by LARRY E. KLAYMAN. Related document: 1 Complaint,
filed by LARRY E. KLAYMAN.(Klayman, Larry) (Entered: 06/07/2013)
06/09/2013
4
AMENDED COMPLAINT against All Defendants with Jury Demand filed by
LARRY E. KLAYMAN, CHARLES STRANGE, MARY ANN
STRANGE.(Klayman, Larry) Modified filers on 6/10/2013 (znmw, ).
(Entered: 06/09/2013)
06/12/2013
5
NOTICE of Appearance by James R. Whitman on behalf of NATIONAL
SECURITY AGENCY, U.S. DEPARTMENT OF JUSTICE (Whitman,
James) (Entered: 06/12/2013)
06/12/2013
6
STANDING ORDER. Signed by Judge Richard J. Leon on 6/12/13. (lcrjl1)
(Entered: 06/12/2013)
09/30/2013
7
MOTION for Extension of Time to Certify Class Action by LARRY E.
KLAYMAN (Attachments: # 1 Text of Proposed Order)(Klayman, Larry)
(Entered: 09/30/2013)
10/10/2013
8
MOTION for Extension of Time to File Answer by VERIZON
COMMUNICATIONS (Attachments: # 1 Text of Proposed Order)(Moss,
Randolph) (Entered: 10/10/2013)
10/11/2013
9
Corporate Disclosure Statement by VERIZON COMMUNICATIONS. (Moss,
Randolph) (Entered: 10/11/2013)
10/11/2013
10
MOTION to Stay (Government Defendants' Motion for a Stay of Deadline to
Respond to the Complaint in Light of Lapse in Appropriations) by KEITH B.
ALEXANDER, ERIC H. HOLDER, JR, NATIONAL SECURITY AGENCY,
BARACK HUSSEIN OBAMA, II, U.S. DEPARTMENT OF JUSTICE
(Attachments: # 1 Text of Proposed Order)(Gilligan, James) (Entered:
10/11/2013)
10/14/2013
11
Memorandum in opposition to re 7 MOTION for Extension of Time to Certify
Class Action filed by VERIZON COMMUNICATIONS. (Attachments: # 1
Text of Proposed Order)(Moss, Randolph) (Entered: 10/14/2013)
10/15/2013
MINUTE ORDER granting 8 Motion for Extension of Time to Respond re 4
Amended Complaint. It is hereby ORDERED that the motion is GRANTED
and defendant Verizon Communications Inc. has up to and including
12/2/2013 to respond to plaintiffs' amended complaint. Signed by Judge
Richard J. Leon on 10/15/13. (lcrjl1, ) (Entered: 10/15/2013)
10/15/2013
Set/Reset Deadlines: Response due by 12/2/2013. (tb, ) (Entered: 10/16/2013)
5
10/17/2013
12
MOTION for Extension of Time to File Answer by LOWELL C. MCADAMS
(Attachments: # 1 Text of Proposed Order)(Moss, Randolph) (Entered:
10/17/2013)
10/20/2013
MINUTE ORDER granting 12 Motion for Extension of Time to Respond re 4
Amended Complaint. It is hereby ORDERED that the motion is GRANTED
and defendant LOWELL C. MCADAMS shall have up to and including
12/2/2013 to respond to plaintiffs' amended complaint. Signed by Judge
Richard J. Leon on 10/20/2013. (lcrjl1, ) (Entered: 10/20/2013)
10/21/2013
Set/Reset Deadlines: Defendant LOWELL C. MCADAMS response to the
amended complaint is due by 12/2/2013. (jth) (Entered: 10/21/2013)
10/29/2013
13
10/29/2013
MOTION for Preliminary Injunction by LARRY E. KLAYMAN, CHARLES
STRANGE, MARY ANN STRANGE (Attachments: # 1 Memorandum in
Support, # 2 Exhibit 1 −− Affidavit of Larry Klayman, # 3 Exhibit 2 −−
Affidavit of Charles Strange, # 4 Text of Proposed Order)(Klayman, Larry)
(Entered: 10/29/2013)
Minute Order. Scheduling Conference set for 10/31/2013 at 03:45 PM in
Courtroom 18 before Judge Richard J. Leon. (lcrjl1, ) (Entered: 10/29/2013)
10/29/2013
14
MOTION for Extension of Time to Certify Class Action by LARRY E.
KLAYMAN, CHARLES STRANGE, MARY ANN STRANGE
(Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered:
10/29/2013)
10/30/2013
15
MOTION For Leave of Court To Take FRCP Rule 30(B)(6) Deposition re 13
MOTION for Preliminary Injunction by LARRY E. KLAYMAN, CHARLES
STRANGE, MARY ANN STRANGE (Attachments: # 1 Exhibit 1 −−
Government's Opposition to ACLU's Motion for Preliminary Injunction, # 2
Text of Proposed Order)(Klayman, Larry) (Entered: 10/30/2013)
10/30/2013
16
MOTION for Extension of Time to File Response/Reply as to 13 MOTION
for Preliminary Injunction by KEITH B. ALEXANDER, ERIC H. HOLDER,
JR, NATIONAL SECURITY AGENCY, BARACK HUSSEIN OBAMA, II,
U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed
Order)(Gilligan, James) (Entered: 10/30/2013)
10/30/2013
17
MOTION For Leave of Court to Appear Telephonically re Set Hearings by
LARRY E. KLAYMAN, CHARLES STRANGE, MARY ANN STRANGE
(Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered:
10/30/2013)
10/30/2013
18
NOTICE of Consent by LARRY E. KLAYMAN, CHARLES STRANGE,
MARY ANN STRANGE re 17 MOTION For Leave of Court to Appear
Telephonically re Set Hearings (Klayman, Larry) (Entered: 10/30/2013)
10/30/2013
10/30/2013
MINUTE ORDER denying 17 Motion for Leave to Appear Telephonically. It
is hereby ORDERED that plaintiffs' Motion for Leave to Appear
Telephonically at the Scheduling Conference set for 10/31/2013 at 03:45 PM
in Courtroom 18 before Judge Richard J. Leon is DENIED. Signed by Judge
Richard J. Leon on 10/30/2013. (lcrjl1, ) (Entered: 10/30/2013)
19
MOTION to Continue Status Conference Concerning Preliminary Injunction
by LARRY E. KLAYMAN, CHARLES STRANGE, MARY ANN
6
STRANGE (Attachments: # 1 Text of Proposed Order)(Klayman, Larry)
(Entered: 10/30/2013)
10/31/2013
20
10/31/2013
10/31/2013
Memorandum in opposition to re 14 MOTION for Extension of Time to
Certify Class Action filed by LOWELL C. MCADAMS, VERIZON
COMMUNICATIONS. (Attachments: # 1 Text of Proposed Order)(Boynton,
Brian) (Entered: 10/31/2013)
MINUTE ORDER denying 19 Motion to Continue. It is hereby ORDERED
that plaintiffs' Motion to Continue the Scheduling Conference set for
10/31/2013 at 03:45 PM in Courtroom 18 before Judge Richard J. Leon is
DENIED. Signed by Judge Richard J. Leon on 10/31/2013. (lcrjl1, ) (Entered:
10/31/2013)
21
MOTION for Reconsideration re Order on Motion to Continue, by LARRY E.
KLAYMAN, CHARLES STRANGE, MARY ANN STRANGE
(Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Klayman, Larry)
(Entered: 10/31/2013)
10/31/2013
MINUTE ORDER denying 21 Motion for Reconsideration. It is hereby
ORDERED that Plaintiffs' Motion for Reconsideration of 19 Plaintiffs' Motion
to Continue is DENIED. Signed by Judge Richard J. Leon on 10/31/2013.
(lcrjl1, ) (Entered: 10/31/2013)
10/31/2013
Minute Entry: Status Conference held on 10/31/2013 before Judge Richard J.
Leon: Plaintiff counsel not present. Transcript of the hearing will be sent to
plaintiff counsel. Response to Preliminary Injunction Motion due by
11/11/2013. Reply due by 11/14/2013. Oral arugment set for 11/18/2013 at
11:30 AM in Courtroom 18 before Judge Richard J. Leon. (Court Reporter
Patty Gels) (tb, ) (Entered: 11/01/2013)
11/01/2013
22
MOTION For Leave to File Supplemental Declaration re 13 MOTION for
Preliminary Injunction by LARRY E. KLAYMAN, CHARLES STRANGE,
MARY ANN STRANGE (Attachments: # 1 Exhibit 1 −− Declaration of
Professor Edward Felten, # 2 Exhibit 2 −− Washington Post Article, # 3 Text
of Proposed Order)(Klayman, Larry) (Entered: 11/01/2013)
11/03/2013
MINUTE ORDER denying 10 Government Defendants' Motion for Stay of
Deadline to Respond to Complaint in Light of Lapse in Appropriations. It is
hereby ORDERED that the motion is DENIED. Signed by Judge Richard J.
Leon on 11/3/2013. (lcrjl1, ) (Entered: 11/03/2013)
11/06/2013
MINUTE ORDER granting 22 MOTION for Leave to File Supplemental
Declaration. It is hereby ORDERED that plaintiffs' motion is GRANTED and
the Declaration of Professor Edward W. Felten is accepted for filing. Signed
by Judge Richard J. Leon on 11/6/2013. (lcrjl1, ) (Entered: 11/06/2013)
11/06/2013
23
Supplemental Declaration re 13 MOTION for Preliminary Injunction by
LARRY E. KLAYMAN. (znmw, ) (Entered: 11/08/2013)
11/08/2013
24
Unopposed MOTION for Leave to File Excess Pages In The Combined
Opposition to Plaintiffs' Preliminary Injunction Motions by KEITH B.
ALEXANDER, ERIC H. HOLDER, JR, NATIONAL SECURITY AGENCY,
BARACK HUSSEIN OBAMA, II, U.S. DEPARTMENT OF JUSTICE
(Attachments: # 1 Text of Proposed Order)(Patton, Rodney) (Entered:
7
11/08/2013)
11/08/2013
MINUTE ORDER granting 24 Motion for Leave to File Excess Pages. It is
hereby ORDERED that the motion is GRANTED and that the page limit for
Government Defendants' combined opposition is enlarged from 45 to 65
pages. Signed by Judge Richard J. Leon on 11/8/2013. (lcrjl1, ) (Entered:
11/08/2013)
11/12/2013
25
Memorandum in opposition to re 13 MOTION for Preliminary Injunction filed
by KEITH B. ALEXANDER, ERIC H. HOLDER, JR, NATIONAL
SECURITY AGENCY, BARACK HUSSEIN OBAMA, II, U.S.
DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration (Declaration of
James J. Gilligan), # 2 Exhibit (Exhibit A), # 3 Exhibit (Exhibit B), # 4
Exhibit (Exhibit C), # 5 Exhibit (Exhibit D), # 6 Exhibit (Exhibit E), # 7
Exhibit (Exhibit F), # 8 Exhibit (Exhibit G), # 9 Exhibit (Exhibit H), # 10
Exhibit (Exhibit I), # 11 Exhibit (Exhibit J), # 12 Exhibit (Exhibit K), # 13
Exhibit (Exhibit L), # 14 Exhibit (Exhibit M), # 15 Exhibit (Exhibit N), # 16
Exhibit (Exhibit O), # 17 Exhibit (Exhibit P), # 18 Exhibit (Exhibit Q), # 19
Exhibit (Exhibit R), # 20 Exhibit (Exhibit S), # 21 Exhibit (Exhibit T), # 22
Text of Proposed Order)(Gilligan, James) (Entered: 11/12/2013)
11/12/2013
26
Unopposed MOTION For Leave To File Reply Brief With Extended Pages
And A Supplemental Declaration by LARRY E. KLAYMAN, CHARLES
STRANGE, MARY ANN STRANGE (Attachments: # 1 Exhibit 1 −−
Supplemental Declaration of Professor Edward Felton, # 2 Text of Proposed
Order)(Klayman, Larry) (Entered: 11/12/2013)
11/12/2013
MINUTE ORDER granting 26 Motion for Leave to File Reply Brief with
Extended Pages and a Supplemental Declaration. It is hereby ORDERED that
the motion is GRANTED and that the page limit for Plaintiffs' reply is
enlarged from 25 to 50 pages; and it is further ordered that the Supplemental
Declaration of Professor Edward W. Felten is accepted for filing. Signed by
Judge Richard J. Leon on 11/12/2013. (lcrjl1, ) (Entered: 11/12/2013)
11/12/2013
27
MOTION for Extension of Time to Certify Class Action by LARRY E.
KLAYMAN, CHARLES STRANGE, MARY ANN STRANGE
(Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered:
11/12/2013)
11/12/2013
28
Supplemental Declaration of Dr. Edward Felton by LARRY E. KLAYMAN,
CHARLES STRANGE, MARY ANN STRANGE. (jf, ) (Entered: 11/13/2013)
11/13/2013
29
MOTION for Extension of Time to File Response/Reply to Plaintiffs' Two
Preliminary Injunction Motions by KEITH B. ALEXANDER, NATIONAL
SECURITY AGENCY, BARACK HUSSEIN OBAMA, II, U.S.
DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed
Order)(Patton, Rodney) (Entered: 11/13/2013)
11/13/2013
30
Memorandum in opposition to re 27 MOTION for Extension of Time to
Certify Class Action filed by LOWELL C. MCADAMS, VERIZON
COMMUNICATIONS. (Attachments: # 1 Text of Proposed Order)(Boynton,
Brian) (Entered: 11/13/2013)
11/14/2013
31
REPLY to opposition to motion re 13 MOTION for Preliminary Injunction
filed by LARRY E. KLAYMAN, CHARLES STRANGE, MARY ANN
8
STRANGE. (Attachments: # 1 Exhibit 1 − Letter to Senator Grassley, # 2
Exhibit 2 −− Supplemental Affidavit of Larry Klayman, # 3 Exhibit 3 −− NSA
Touhy Request, # 4 Text of Proposed Order)(Klayman, Larry) (Entered:
11/14/2013)
11/15/2013
MINUTE ORDER granting, nunc pro tunc, 29 Government Defendants'
Motion for Extension of Time to File Combined Opposition to Plaintiffs' Two
Motions for Preliminary Injunctions. Signed by Judge Richard J. Leon on
11/15/2013. (lcrjl1, ) (Entered: 11/15/2013)
11/15/2013
32
NOTICE of Filing of Amended Proposed Order by LARRY E. KLAYMAN,
CHARLES STRANGE, MARY ANN STRANGE re 13 MOTION for
Preliminary Injunction (Attachments: # 1 Certificate of Service)(Klayman,
Larry) (Entered: 11/15/2013)
11/17/2013
33
MOTION to Amend/Correct 4 Amended Complaint by LARRY E.
KLAYMAN, CHARLES STRANGE, MARY ANN STRANGE
(Attachments: # 1 Exhibit 1 −− Second Amended Complaint, # 2 Text of
Proposed Order)(Klayman, Larry) (Entered: 11/17/2013)
11/17/2013
34
MOTION for Leave to File Supplemental Affidavit re 13 MOTION for
Preliminary Injunction by LARRY E. KLAYMAN, CHARLES STRANGE,
MARY ANN STRANGE (Attachments: # 1 Exhibit 1 −− Affidavit of David
Siler, # 2 Text of Proposed Order)(Klayman, Larry) (Entered: 11/17/2013)
11/18/2013
Minute Entry: Preliminary Injunction Heaing held on 11/18/2013 before Judge
Richard J. Leon: Motion heard and taken under advisement. Supplemental
briefs are due by COB on 11/26/2013. Defendant's response to plaintiffs' 33
Motion for Leave to File Amended Complaint due by 11/22/2013. (Court
Reporter Patty Gels) (tb, ) (Entered: 11/18/2013)
11/21/2013
35
MOTION for Extension of Time to Respond to the Complaint by KEITH B.
ALEXANDER, ERIC H. HOLDER, JR, NATIONAL SECURITY AGENCY,
BARACK HUSSEIN OBAMA, II, U.S. DEPARTMENT OF JUSTICE
(Attachments: # 1 Text of Proposed Order)(Gilligan, James) (Entered:
11/21/2013)
11/21/2013
36
Memorandum in opposition to re 33 MOTION to Amend/Correct 4 Amended
Complaint filed by LOWELL C. MCADAMS, VERIZON
COMMUNICATIONS. (Attachments: # 1 Text of Proposed Order)(Boynton,
Brian) (Entered: 11/21/2013)
11/23/2013
MINUTE ORDER granting 33 Plaintiffs' Motion for Leave to File Second
Amended Complaint. It is hereby ORDERED that the motion is GRANTED
and that Plaintiffs' Second Amended Complaint is accepted for filing. Signed
by Judge Richard J. Leon on 11/23/2013. (lcrjl1, ) (Entered: 11/23/2013)
11/23/2013
MINUTE ORDER granting 34 Plaintiffs' Motion for Leave to File
Supplemental Affidavit. It is hereby ORDERED that the motion is
GRANTED and that the Supplemental Affidavit of David M. Siler is accepted
for filing. Signed by Judge Richard J. Leon on 11/23/2013. (lcrjl1, ) (Entered:
11/23/2013)
11/23/2013
MINUTE ORDER granting 35 Motion for Extension of Time to Respond to
Complaint. It is hereby ORDERED that the motion is GRANTED, and it is
9
further ORDERED that the Government Defendants and the Verizon
Defendants shall have up to and including 12/16/2013 to file their responses to
the complaint. Signed by Judge Richard J. Leon on 11/23/2013. (lcrjl1, )
(Entered: 11/23/2013)
11/23/2013
37
SECOND AMENDED COMPLAINT against KEITH B. ALEXANDER,
ERIC H. HOLDER, JR, LOWELL C. MCADAMS, NATIONAL SECURITY
AGENCY, BARACK HUSSEIN OBAMA, II, U.S. DEPARTMENT OF
JUSTICE, VERIZON COMMUNICATIONS, ROGER VINSON filed by
MARY ANN STRANGE, LARRY E. KLAYMAN, CHARLES
STRANGE.(znmw, ) (Entered: 11/25/2013)
11/23/2013
38
AFFIDAVIT of David M. Siler by LARRY E. KLAYMAN, CHARLES
STRANGE, MARY ANN STRANGE. (znmw, ) (Entered: 11/25/2013)
11/25/2013
39
NOTICE of Filing of Transcript by LARRY E. KLAYMAN, CHARLES
STRANGE, MARY ANN STRANGE (Attachments: # 1 Exhibit 1 −−
Transcript of ACLU v. Clapper Proceeding)(Klayman, Larry) (Entered:
11/25/2013)
11/25/2013
40
MOTION for Extension of Time to Certify Class Action by LARRY E.
KLAYMAN, CHARLES STRANGE, MARY ANN STRANGE
(Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered:
11/25/2013)
11/26/2013
Set/Reset Deadlines: Answer due by 12/16/2013. (tb, ) (Entered: 11/26/2013)
11/26/2013
41
TRANSCRIPT OF PROCEEDINGS before Judge Richard J. Leon held on
11/18/13; Date of Issuance:11/26/13. Court Reporter/Transcriber Patty Gels,
Telephone number 2023543236, Court Reporter Email Address :
Patty_Gels@dcd.uscourts.gov.For the first 90 days after this filing
date, the transcript may be viewed at the courthouse at a public terminal or
purchased from the court reporter referenced above. After 90 days, the
transcript may be accessed via PACER. Other transcript formats, (multi−page,
condensed, CD or ASCII) may be purchased from the court
reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties
have twenty−one days to file with the court and the court reporter any request
to redact personal identifiers from this transcript. If no such requests are filed,
the transcript will be made available to the public via PACER without
redaction after 90 days. The policy, which includes the five personal
identifiers specifically covered, is located on our website at
ww.dcd.uscourts.gov.
Redaction Request due 12/17/2013. Redacted
Transcript Deadline set for 12/27/2013. Release of Transcript Restriction set
for 2/24/2014.(Gels, Patty) (Entered: 11/26/2013)
11/26/2013
42
NOTICE of Filing of Bench Briefs by LARRY E. KLAYMAN, CHARLES
STRANGE, MARY ANN STRANGE (Attachments: # 1 Exhibit 1 −− Bench
Brief on Jurisdiction, # 2 Exhibit 2 −− Bench Brief on Admissibility of
Snowden Statements)(Klayman, Larry) (Entered: 11/26/2013)
11/26/2013
43
SUPPLEMENTAL MEMORANDUM to re 13 MOTION for Preliminary
Injunction (Government Defendants' Supplemental Brief in Opposition to
Plaintiffs' Motions for Preliminary Injunctions) filed by KEITH B.
ALEXANDER, ERIC H. HOLDER, JR, NATIONAL SECURITY AGENCY,
BARACK HUSSEIN OBAMA, II, U.S. DEPARTMENT OF JUSTICE.
10
(Attachments: # 1 Exhibit A)(Gilligan, James) (Entered: 11/26/2013)
11/26/2013
44
MEMORANDUM by LARRY E. KLAYMAN, CHARLES STRANGE,
MARY ANN STRANGE. (Attachments: # 1 Exhibit 1 −− Binder Part 1, # 2
Exhibit 1 −− Binder Part 2, # 3 Exhibit 2 −− Gov't Opposition in In Re
Epic)(Klayman, Larry) (Entered: 11/26/2013)
11/30/2013
45
Memorandum in opposition to re 40 MOTION for Extension of Time to
Certify Class Action filed by LOWELL C. MCADAMS, VERIZON
COMMUNICATIONS. (Attachments: # 1 Text of Proposed Order)(Boynton,
Brian) (Entered: 11/30/2013)
12/02/2013
46
MOTION for Leave to Supplement the Record by LARRY E. KLAYMAN,
CHARLES STRANGE, MARY ANN STRANGE (Attachments: # 1 Exhibit
1, # 2 Text of Proposed Order)(Klayman, Larry) (Entered: 12/02/2013)
12/04/2013
47
Memorandum in opposition to re 46 MOTION for Leave to Supplement the
Record filed by KEITH B. ALEXANDER, ERIC H. HOLDER, JR,
NATIONAL SECURITY AGENCY, BARACK HUSSEIN OBAMA, II, U.S.
DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed
Order)(Gilligan, James) (Entered: 12/04/2013)
12/16/2013
48
18 MEMORANDUM AND OPINION. Signed by Judge Richard J. Leon on
12/16/13. (tb, ) (Entered: 12/16/2013)
12/16/2013
49
16 ORDER: For the reasons set forth in the Memorandum Opinion entered this
date, it is hereby ordered that 13 Motion for Preliminary Injunction is
GRANTED as to plaintiff's Larry Klayman and Charles Strange and DENIED
as to plaintiff Mary Ann Strange; it is further ordered that the Motion for
Preliminary Injunction in Klayman v. Obama in Civil Action 13−881 is
DENIED; and it is further ordered that this Order is STAYED pending appeal.
Signed by Judge Richard J. Leon on 12/16/13. (tb, ) (Entered: 12/16/2013)
12/16/2013
50
NOTICE of Appearance by Marcia Berman on behalf of KEITH B.
ALEXANDER, ERIC H. HOLDER, JR, NATIONAL SECURITY AGENCY,
BARACK HUSSEIN OBAMA, II, U.S. DEPARTMENT OF JUSTICE
(Berman, Marcia) (Entered: 12/16/2013)
12/16/2013
51
MOTION for Extension of Time to Respond to Plaintiffs' Amended
Complaints in Light of Memorandum Opinion Issued Today by KEITH B.
ALEXANDER, ERIC H. HOLDER, JR, NATIONAL SECURITY AGENCY,
BARACK HUSSEIN OBAMA, II, U.S. DEPARTMENT OF JUSTICE
(Attachments: # 1 Text of Proposed Order)(Berman, Marcia) (Entered:
12/16/2013)
12/16/2013
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, ).
(Entered: 12/16/2013)
12/16/2013
53
NOTICE of Lodging of Classified Certification and Declaration of the Deputy
Attorney General for in Camera and Ex Parte Review by U.S.
DEPARTMENT OF JUSTICE re 52 MOTION to Dismiss or, in the
11
Alternative for Summary Judgment, Regarding Plaintiffs' Claims Against the
Verizon Defendants (Patton, Rodney) (Entered: 12/16/2013)
12/16/2013
54
NOTICE of Lodging of Classified Declaration of Acting Deputy Director of
the National Security Agency for In Camera and Ex Parte Review by U.S.
DEPARTMENT OF JUSTICE re 52 MOTION to Dismiss or, in the
Alternative for Summary Judgment, Regarding Plaintiffs' Claims Against the
Verizon Defendants (Patton, Rodney) (Entered: 12/16/2013)
12/16/2013
55
MOTION to Dismiss Plaintiffs' Second Amended Complaint by LOWELL C.
MCADAMS, VERIZON COMMUNICATIONS (Attachments: # 1
Declaration of Jane A. Schapker, # 2 Text of Proposed Order)(Moss,
Randolph) (Entered: 12/16/2013)
12/16/2013
56
ENTERED IN ERROR.....MOTION for Extension of Time by KEITH B.
ALEXANDER, ERIC H. HOLDER, JR, NATIONAL SECURITY AGENCY,
BARACK HUSSEIN OBAMA, II, U.S. DEPARTMENT OF JUSTICE,
DEPARTMENT OF JUSTICE OF THE UNITED STATES (Attachments: # 1
Text of Proposed Order)(rdj) Modified on 12/17/2013 (rdj). (Entered:
12/17/2013)
12/17/2013
57
ERRATA Attaching Corrected Exhibit D by U.S. DEPARTMENT OF
JUSTICE 52 MOTION to Dismiss or, in the Alternative for Summary
Judgment, Regarding Plaintiffs' Claims Against the Verizon Defendants
MOTION for Summary Judgment filed by U.S. DEPARTMENT OF
JUSTICE. (Attachments: # 1 Exhibit)(Patton, Rodney) (Entered: 12/17/2013)
12/17/2013
58
ERRATA Substituting Corrected Version of Exhibit D by U.S.
DEPARTMENT OF JUSTICE 52 MOTION to Dismiss or, in the Alternative
for Summary Judgment, Regarding Plaintiffs' Claims Against the Verizon
Defendants MOTION for Summary Judgment filed by U.S. DEPARTMENT
OF JUSTICE. (Attachments: # 1 Exhibit)(Patton, Rodney) (Entered:
12/17/2013)
12/17/2013
59
TRANSCRIPT OF PROCEEDINGS before Judge Richard J. Leon held on
10/31/13; Date of Issuance:12/17/13. Court Reporter/Transcriber Patty Gels,
Telephone number 202−354−3236, Court Reporter Email Address :
Patty_Gels@dcd.uscourts.gov.For the first 90 days after this filing
date, the transcript may be viewed at the courthouse at a public terminal or
purchased from the court reporter referenced above. After 90 days, the
transcript may be accessed via PACER. Other transcript formats, (multi−page,
condensed, CD or ASCII) may be purchased from the court
reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties
have twenty−one days to file with the court and the court reporter any request
to redact personal identifiers from this transcript. If no such requests are filed,
the transcript will be made available to the public via PACER without
redaction after 90 days. The policy, which includes the five personal
identifiers specifically covered, is located on our website at
ww.dcd.uscourts.gov.
Redaction Request due 1/7/2014. Redacted
Transcript Deadline set for 1/17/2014. Release of Transcript Restriction set for
3/17/2014.(Gels, Patty) (Entered: 12/17/2013)
12/17/2013
60
MOTION for Extension of Time to Certify Class Action by LARRY E.
KLAYMAN, CHARLES STRANGE, MARY ANN STRANGE
12
(Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered:
12/17/2013)
12/18/2013
61
Memorandum in opposition to re 60 MOTION for Extension of Time to
Certify Class Action filed by LOWELL C. MCADAMS, VERIZON
COMMUNICATIONS. (Attachments: # 1 Text of Proposed Order)(Boynton,
Brian) (Entered: 12/18/2013)
12/24/2013
62
MOTION for Extension of Time to File Response/Reply as to 55 MOTION to
Dismiss Plaintiffs' Second Amended Complaint, 52 MOTION to Dismiss or, in
the Alternative for Summary Judgment, Regarding Plaintiffs' Claims Against
the Verizon Defendants MOTION for Summary Judgment by LARRY E.
KLAYMAN, CHARLES STRANGE, MARY ANN STRANGE
(Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered:
12/24/2013)
12/30/2013
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) (Entered:
12/30/2013)
01/03/2014
64
14 NOTICE OF APPEAL TO DC CIRCUIT COURT as to 48 Memorandum
&Opinion, 49 Order on Motion for Preliminary Injunction, by ERIC H.
HOLDER, JR, U.S. DEPARTMENT OF JUSTICE, BARACK HUSSEIN
OBAMA, II, NATIONAL SECURITY AGENCY, KEITH B. ALEXANDER.
Fee Status: No Fee Paid. Parties have been notified. (Berman, Marcia)
(Entered: 01/03/2014)
13
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
____________________________________
)
)
LARRY KLAYMAN, et al.,
)
)
Civil Action No.
Plaintiffs,
)
1:13-cv-00851-RJL
v.
)
)
)
BARACK OBAMA, President of the
)
United States, et al.,
)
Defendants. )
____________________________________)
)
LARRY KLAYMAN, et al.,
)
)
)
Civil Action No.
Plaintiffs,
)
1:13-cv-00881-RJL
)
v.
)
)
BARACK OBAMA, President of the
)
United States, et al.,
)
Defendants. )
____________________________________)
GOVERNMENT DEFENDANTS’ NOTICE OF APPEAL
Defendants Barack Obama, President of the United States, Eric Holder, Attorney General
of the United States, and General Keith B. Alexander, Director of the National Security Agency
(NSA), insofar as they are sued in their official capacities, together with defendants NSA and the
United States Department of Justice (collectively, the “Government Defendants”), hereby appeal
to the United States Court of Appeals for the District of Columbia Circuit from the December 16,
2013 Order (ECF No. 49) and Memorandum Opinion (ECF No. 48) granting the Motion for
Preliminary Injunction in Klayman v. Obama, Civil Action No. 13-0851 (Klayman I), as to
plaintiffs Larry Klayman and Charles Strange.
14
Dated: January 3, 2014
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
JOSEPH H. HUNT
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Branch Director
/s/ Marcia Berman
JAMES J. GILLIGAN
Special Litigation Counsel
MARCIA BERMAN
Senior Trial Counsel
BRYAN DEARINGER
RODNEY PATTON
Trial Attorneys
U.S Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., N.W., Room 6102
Washington, D.C. 20001
Phone: (202) 514-2205
Fax: (202) 616-8470
Attorneys for Government Defendants
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