KLAYMAN v. OBAMA et al

Filing 69

Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 67 Notice of Cross Appeal,. (znmw, )

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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 Case in other court: 14−05004 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 1 Room 5138 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 2 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 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 3 (See above for address) 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, 4 Larry) (Entered: 06/06/2013) 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) 5 10/15/2013 10/17/2013 Set/Reset Deadlines: Response due by 12/2/2013. (tb, ) (Entered: 10/16/2013) 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 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) 6 10/30/2013 19 MOTION to Continue Status Conference Concerning Preliminary Injunction by LARRY E. KLAYMAN, CHARLES STRANGE, MARY ANN STRANGE (Attachments: # 1 Text of Proposed Order)(Klayman, Larry) (Entered: 10/30/2013) 10/31/2013 20 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) 10/31/2013 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, 7 BARACK HUSSEIN OBAMA, II, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Patton, Rodney) (Entered: 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) 8 11/14/2013 31 11/15/2013 REPLY to opposition to motion re 13 MOTION for Preliminary Injunction filed by LARRY E. KLAYMAN, CHARLES STRANGE, MARY ANN 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) 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) 9 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 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.<P></P>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.<P>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.<P></P> 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. 10 ALEXANDER, ERIC H. HOLDER, JR, NATIONAL SECURITY AGENCY, BARACK HUSSEIN OBAMA, II, U.S. DEPARTMENT OF JUSTICE. (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 MEMORANDUM AND OPINION. Signed by Judge Richard J. Leon on 12/16/13. (tb, ) (Entered: 12/16/2013) 12/16/2013 49 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 11 Attorney General 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 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.<P></P>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.<P>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.<P></P> 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 12/17/2013 60 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: 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 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) 01/06/2014 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, ) (Entered: 01/06/2014) 01/08/2014 66 MOTION to Stay Proceedings Against the Government Defendants Pending Appeal of 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: 01/08/2014) 01/10/2014 USCA Case Number 14−5004 for 64 Notice of Appeal to DC Circuit Court, filed by NATIONAL SECURITY AGENCY, KEITH B. ALEXANDER, U.S. DEPARTMENT OF JUSTICE, ERIC H. HOLDER, JR., BARACK HUSSEIN OBAMA, II. (jf, ) (Entered: 01/10/2014) 01/10/2014 67 15 NOTICE OF CROSS APPEAL as to 48 Memorandum &Opinion, 49 Order on Motion for Preliminary Injunction, by LARRY E. KLAYMAN, CHARLES STRANGE, MARY ANN STRANGE. Filing fee $ 505, receipt number 0090−3588427. Fee Status: Fee Paid. Parties have been notified. (Klayman, Larry) (Entered: 01/10/2014) 01/10/2014 68 MOTION to Dismiss (The Government Defendants' Partial Motion To Dismiss and Memorandum in Support) by KEITH B. ALEXANDER, ERIC H. HOLDER, JR, NATIONAL SECURITY AGENCY, BARACK HUSSEIN 13 OBAMA, II, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Gilligan, James) (Entered: 01/10/2014) 14 IN UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA LARRY KLAYMAN, et. al Plaintiffs, v. BARACK HUSSEIN OBAMA II, et. al Civil Action No. 13-cv- 851 RJL Defendants. NOTICE OF CROSS APPEAL NOTICE is hereby given that Plaintiffs Larry Klayman, Charlie Strange, and Mary Ann Strange appeal to the United States Court of Appeals for the District of Columbia Circuit from the Memorandum Opinion and Order of this Court entered on December 16, 2013 (Docket Nos. 48,49) (Exhibits 1,2), which denied in part the relief sought by Plaintiffs Larry Klayman, Charlie Strange, and Mary Ann Strange. Dated: January 10, 2014 Respectfully Submitted, /s/ Larry Klayman Larry Klayman, Esq. D.C. Bar No. 334581 2020 Pennsylvania Ave. NW #345 Washington, DC 20006 Tel: (310) 595-0800 Email: leklayman@gmail.com 15 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 10th day of January a true and correct copy of the foregoing Notice of Cross Appeal (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 (202) 514-3358 Email: James.Gilligan@usdoj.gov 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 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: (310) 595-0800 16 Exhibit 1 17 Exhibit 2 86

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