University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Electronic Frontier Foundation v. Office of the Director of National Intelligence NS-CA-0019
Docket / Court 3:07-cv-05278-SI ( N.D. Cal. )
State/Territory California
Case Type(s) National Security
Special Collection Foreign Intelligence Surveillance Act -- Telephony Metadata
Case Summary
On October 17, 2007, the Electronic Frontier Foundation filed this lawsuit in U.S. District Court for the Northern District of California. The plaintiff sued the Office of the Director of National Intelligence (ODNI) under the Freedom of Information Act (FOIA) 5 U.S.C. § 552. The plaintiff, ... read more >
On October 17, 2007, the Electronic Frontier Foundation filed this lawsuit in U.S. District Court for the Northern District of California. The plaintiff sued the Office of the Director of National Intelligence (ODNI) under the Freedom of Information Act (FOIA) 5 U.S.C. § 552. The plaintiff, represented by in-house counsel, asked the court for a preliminary injunction for expedited release of the information sought. The plaintiff claimed that FOIA entitled it to expedited release of requested documents.

Specifically, the plaintiff requested documents relating to communications between ODNI and telecommunications companies or staff of members of the Senate or the House of Representatives related to the Foreign Intelligence Surveillance Act (FISA) amendments. It also claimed that defendant did not properly expedite the documents as would be proper and had also failed to process the request under the standard deadline.

On November 27, 2007, Susan Illston found that ODNI failed to show any evidence of extraordinary circumstances. As such, the court ordered ODNI to provide an initial release to plaintiff's FOIA request by November 30, 2007, as well as release all non-exempt documents by December 10, 2007. The court also ordered the defendant to release an affidavit with the reasoning for withholding any documents it did not release.

On June 4, 2008, the court granted plaintiff $52,271.97 for costs and attorneys' fees. The court found that plaintiff's rates were reasonable but its hours were too high when calculating the requested $68,205.00 award amount.

David Smellie - 09/30/2016


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief granted
Required disclosure
Defendant-type
Jurisdiction-wide
General
Confidentiality
Records Disclosure
Search policies
Terrorism/Post 9-11 issues
Plaintiff Type
Non-profit NON-religious organization
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. § 552
Defendant(s) Office of the Director of National Intelligence
Plaintiff Description Electronic Frontier Foundation
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Attorneys fees
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2008
Case Ongoing No
Additional Resources
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Links Guest Post: New Resource — Civil Rights Litigation Clearinghouse FISA Archives
Just Security
Posted: Jun. 26, 2014
By: Margo Schlanger
[ Detail ] [ External Link ]

Docket(s)
3:07−cv−05278−SI (N.D. Cal.) 06/04/2008
NS-CA-0019-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunctive Relief 10/17/2007
NS-CA-0019-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion on Preliminary Injunction 11/27/2007 (N.D. Cal.)
NS-CA-0019-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Dismissal 03/04/2008 (N.D. Cal.)
NS-CA-0019-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting in Part Plaintiff's Motion for Attorney's Fees and Costs 06/04/2008 (N.D. Cal.)
NS-CA-0019-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Illston, Susan Yvonne (N.D. Cal.)
NS-CA-0019-0003 | NS-CA-0019-0004 | NS-CA-0019-0005 | NS-CA-0019-9001
Monitors/Masters None on record
Plaintiff's Lawyers Hofmann, Marcia (California)
NS-CA-0019-0002 | NS-CA-0019-0004 | NS-CA-0019-9001
Opsahl, Kurt Bradford (California)
NS-CA-0019-0004
Sobel, David L. (District of Columbia)
NS-CA-0019-0002 | NS-CA-0019-0004 | NS-CA-0019-9001
Defendant's Lawyers Bucholtz, Jeffrey S. (District of Columbia)
NS-CA-0019-0004
Nichols, Carl (District of Columbia)
NS-CA-0019-0004
Schools, Scott N (California)
NS-CA-0019-0004
Shapiro, Elizabeth J. (District of Columbia)
NS-CA-0019-0004
Warden, Andrew Irwin (District of Columbia)
NS-CA-0019-0004 | NS-CA-0019-9001
Other Lawyers None on record

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