Case: Perez v. Clapper

3:14-cv-00050 | U.S. District Court for the Western District of Texas

Filed Date: Feb. 5, 2014

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On February 5, 2014, two activists filed this lawsuit pro se in the U.S. District Court for the Western District of Texas. The plaintiffs sued the National Security Agency and the U.S. Department of Justice under Bivens. The plaintiffs alleged violations of their First, Fourth, and Fifth Amendment Rights and requested declaratory relief. Specifically, the plaintiffs alleged that the defendants subjected the plaintiffs to a mass surveillance program which directed Verizon to collect telephone re…

On February 5, 2014, two activists filed this lawsuit pro se in the U.S. District Court for the Western District of Texas. The plaintiffs sued the National Security Agency and the U.S. Department of Justice under Bivens. The plaintiffs alleged violations of their First, Fourth, and Fifth Amendment Rights and requested declaratory relief. Specifically, the plaintiffs alleged that the defendants subjected the plaintiffs to a mass surveillance program which directed Verizon to collect telephone records for over one million Americans which, according to the complaint, was revealed by The Guardian in an article published on June 6, 2013. This case is part of a series of lawsuits filed against the NSA for its "Bulk Telephony Metadata Program," which was authorized under Section 501 of the Foreign Intelligence Surveillance Act of 1978 ("FISA"). (These cases can be found as a part of a special collection on the Clearinghouse.)

On January 23, 2015, the defendants filed a motion to dismiss, arguing that the court lacked jurisdiction and the plaintiffs failed to state claims on which relief may be granted. The plaintiffs responded that they did have valid Constitutional claims, and noted that in other cases--specifically, ACLU v. Clapper, Klayman v. Obama, and Smith v. Obama--courts had found that similar plaintiffs did have standing.

On August 6, 2015, Judge Kathleen Cardone issued an order staying this case for six months and denying the defendants' motion to dismiss as moot. Judge Cardone noted that the plaintiffs' case was based on ongoing court proceedings in the aforementioned Klayman, Smith, and ACLU cases, and as such the plaintiffs were also waiting on the outcomes of these cases to determine how to proceed in this action. Judge Cardone allowed the plaintiffs to move to reopen this case in six months. This case was administratively closed. The case was not reopened within the allotted six months, and there have been no updates to the docket since August 2015.

Summary Authors

John He (9/27/2015)

Dawn Lui (10/19/2018)

Related Cases

ACLU v. Clapper, Southern District of New York (2013)

Klayman v. Obama, District of Columbia (2013)

Smith v. Obama, District of Idaho (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4401132/parties/perez-v-clapper/


Judge(s)

Cardone, Kathleen (Texas)

Attorney for Plaintiff
Attorney for Defendant

Berman, Julia Alexandra (District of Columbia)

Berman, Marcia (Texas)

Clopper, John Dalton (Texas)

Gilligan, James J. (Texas)

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Documents in the Clearinghouse

Document

3:14-cv-00050

Docket

Aug. 17, 2015

Aug. 17, 2015

Docket
1

3:14-cv-00050

Complaint

Feb. 5, 2014

Feb. 5, 2014

Complaint
26

3:14-cv-00050

Third Amended Complaint

Oct. 31, 2014

Oct. 31, 2014

Complaint
79

3:14-cv-00050

Order

Aug. 6, 2015

Aug. 6, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4401132/perez-v-clapper/

Last updated Feb. 11, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 400 receipt number 300018416), filed by Jaime O Perez, Carl M. Starr.(jg1) (Entered: 02/06/2014)

Feb. 5, 2014

Feb. 5, 2014

RECAP
2

JS44 (Civil Cover Sheet) submitted by Jaime O Perez, Carl M. Starr. (jg1) (Entered: 02/06/2014)

Feb. 5, 2014

Feb. 5, 2014

PACER
3

Summons Issued as to James R. Clapper. (dl1) (Entered: 02/21/2014)

Feb. 20, 2014

Feb. 20, 2014

PACER
4

Summons Issued as to Eric H. Holder, Jr. (dl1) (Entered: 02/21/2014)

Feb. 20, 2014

Feb. 20, 2014

PACER
5

Summons Issued as to James B. Comey. (dl1) (Entered: 02/21/2014)

Feb. 20, 2014

Feb. 20, 2014

PACER
6

SUMMONS Returned Executed by Jaime O. Perez, Carl M. Starr. James R. Clapper served on 3/25/2014, answer due 5/24/2014. (dl1) Modified on 4/9/2014 (dl1). (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

PACER
7

SUMMONS Returned Executed by Jaime O. Perez, Carl M. Starr. James B. Comey served on 3/19/2014, answer due 5/18/2014. (dl1) Modified on 4/9/2014 (dl1). (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

PACER
8

SUMMONS Returned Executed by Jaime O. Perez, Carl M. Starr. Eric H. Holder, Jr served on 4/17/2014, answer due 6/17/2014. (dl1) (Entered: 05/01/2014)

April 30, 2014

April 30, 2014

PACER
9

MOTION for Default Judgment against James B. Comey by Jaime O. Perez, Carl M. Starr. (dl1) (Entered: 05/22/2014)

May 20, 2014

May 20, 2014

PACER
10

NOTICE of Filing Request for Clerks Entry of Default by Jaime O. Perez, Carl M. Starr (dl1) (Entered: 05/22/2014)

May 20, 2014

May 20, 2014

PACER
11

ORDER DENYING 9 Motion for Default Judgment Signed by Judge Kathleen Cardone. (dl1) (Entered: 05/23/2014)

May 22, 2014

May 22, 2014

PACER
12

AMENDED COMPLAINT against James R. Clapper, James B. Comey, Eric H. Holder, Jr amending COMPLAINT, filed by Jaime O. Perez.(mt) (Entered: 05/27/2014)

May 27, 2014

May 27, 2014

PACER
13

MOTION for Default Judgment against All Defendants by Carl M. Starr. (Attachments: # 1 Proposed Entry of Default Judgment, # 2 Proposed Final Judgment)(mc6) (Entered: 07/31/2014)

1 Proposed Order

View on PACER

2 Proposed Order

View on PACER

July 31, 2014

July 31, 2014

PACER
14

ORDER DENYING 13 Motion for Default Judgment Signed by Judge Kathleen Cardone. (dl1) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

PACER
15

Doc#14 sent certified mail to Jaime O Perez (dl1) (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER
16

Certified Mail Receipt returned marked - return to sender, unclaimed, unable to forward - sent to Jaime O. Perez of 14 Order on Motion for Default Judgment (dl1) (Main Document 16 replaced on 8/28/2014) (dl1). (Entered: 08/27/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER
17

SUMMONS Returned Executed James R. Clapper served on 8/14/2014, answer due 10/14/2014. (mc6) (Entered: 09/09/2014)

Sept. 4, 2014

Sept. 4, 2014

PACER
18

SUMMONS Returned Executed Eric H. Holder, Jr served on 8/14/2014, answer due 10/14/2014. (mc6) (Entered: 09/09/2014)

Sept. 4, 2014

Sept. 4, 2014

PACER
19

SUMMONS Returned Executed James B. Comey served on 8/14/2014, answer due 10/14/2014. (mc6) (Entered: 09/09/2014)

Sept. 4, 2014

Sept. 4, 2014

PACER
20

MOTION for Leave to File Amended Complaint by Jaime O. Perez, Carl M. Starr. (Attachments: # 1 Proposed Order, # 2 proposed document)(dl1) (Entered: 09/11/2014)

1 Proposed Order

View on PACER

2 proposed document

View on PACER

Sept. 10, 2014

Sept. 10, 2014

PACER
21

AMENDED COMPLAINT against James R. Clapper, James B. Comey, Eric H. Holder, Jr amending, filed by Jaime O. Perez, Carl M. Starr.(dl1) (Entered: 09/15/2014)

Sept. 12, 2014

Sept. 12, 2014

PACER
22

SUPPLEMENT to 21 Amended Complaint by Carl M. Starr. (dl1) (Entered: 09/18/2014)

Sept. 17, 2014

Sept. 17, 2014

RECAP
23

NOTICE of Attorney Appearance by James R. Whitman on behalf of James R. Clapper, James B. Comey, Eric H. Holder, Jr. Attorney James R. Whitman added to party James R. Clapper(pty:dft), Attorney James R. Whitman added to party James B. Comey(pty:dft), Attorney James R. Whitman added to party Eric H. Holder, Jr(pty:dft) (Whitman, James) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

24

MOTION to Dismiss for Lack of Jurisdiction by James R. Clapper, James B. Comey, Eric H. Holder, Jr. (Whitman, James) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

25

MOTION for Leave to File Third Amended Complaint by Jaime O. Perez, Carl M. Starr. (Attachments: # 1 Amended Complaint)(dl1) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

Text Order GRANTING 25 Motion for Leave to File entered by Judge Kathleen Cardone. (This is a text−only entry generated by the court. There is no document associated with this entry.) (KC) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

Text Order DENYING 24 Motion to Dismiss for Lack of Jurisdiction entered by Judge Kathleen Cardone. (This is a text−only entry generated by the court. There is no document associated with this entry.) (KC) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

26

THIRD AMENDED COMPLAINT against James R. Clapper, James B. Comey, Eric H. Holder, Jr amending, filed by Jaime O. Perez, Carl M. Starr.(dl1) (Entered: 11/03/2014)

Oct. 31, 2014

Oct. 31, 2014

27

MOTION for Leave to File Third Amended Complaint by Jaime O. Perez, Carl M. Starr. (Attachments: # 1 exhibits)(dl1) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

29

MOTION to Stay Case by Jaime O. Perez, Carl M. Starr. (dl1) (Entered: 11/17/2014)

Nov. 13, 2014

Nov. 13, 2014

28

Joint MOTION to Stay Case Pending Related Appellate Decisions by James R. Clapper, James B. Comey, Eric H. Holder, Jr. (Attachments: # 1 Proposed Order, # 2 Exhibit A)(Berman, Julia) (Entered: 11/14/2014)

Nov. 14, 2014

Nov. 14, 2014

Text Order DENYING 28 Motion to Stay Case entered by Judge Kathleen Cardone. (This is a text−only entry generated by the court. There is no document associated with this entry.) (KC) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

Text Order MOOTING 29 Motion to Stay Case entered by Judge Kathleen Cardone. (This is a text−only entry generated by the court. There is no document associated with this entry.) (KC) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

30

NOTICE of Attorney Appearance by Julia Alexandra Berman on behalf of James R. Clapper, James B. Comey, Eric H. Holder, Jr. Attorney Julia Alexandra Berman added to party James R. Clapper(pty:dft), Attorney Julia Alexandra Berman added to party James B. Comey(pty:dft), Attorney Julia Alexandra Berman added to party Eric H. Holder, Jr(pty:dft) (Berman, Julia) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

Text Order DENYING AS MOOOT 27 Motion for Leave to File. This motion is identical to the previously granted motion and it attaches an identical complaint to that currently on file with this Court. Accordingly, the Court finds it duplicative and DENIES IT AS MOOT. Entered by Judge Kathleen Cardone. (This is a text−only entry generated by the court. There is no document associated with this entry.) (KC) (Entered: 12/03/2014)

Dec. 3, 2014

Dec. 3, 2014

31

Text orders sent certified mail to Jaime O. Perez (dl1) (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

32

Text orders sent certified mail to Carl M. Starr (dl1) (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

33

Joint MOTION to Set Briefing Schedule, Expand Page Limits, and Toll Pretrial Deadlines Until Fourteen Days after the Courts Decision on Defendants Dispositive Motion by James R. Clapper, James B. Comey, Eric H. Holder, Jr. (Attachments: # 1 Proposed Order)(Berman, Julia) (Entered: 12/09/2014)

Dec. 9, 2014

Dec. 9, 2014

34

ORDER GRANTING 33 Motion to Set Briefing Schedule and Expand Page Limits Signed by Judge Kathleen Cardone. (dl1) (Entered: 12/12/2014)

Dec. 12, 2014

Dec. 12, 2014

35

Document #34 sent certified mail to Carl M Starr (dl1) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

36

Document #34 sent certified mail to Jaime O Perez (dl1) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

37

Certified Mail Receipt of Order on Motion to Stay Case, Order on Motion to Stay Case, Order on Motion for Leave to File to Carl M Starr on 12/17/14 (dl1) (Entered: 12/23/2014)

Dec. 22, 2014

Dec. 22, 2014

38

Certified Mail Receipt of Order on Motion to Stay Case, Order on Motion to Stay Case, Order on Motion for Leave to File,RETURNED UNCLAIMED as to Jaime O. Perez (mn) (Entered: 12/31/2014)

Dec. 29, 2014

Dec. 29, 2014

39

Certified Mail Receipt of 34 Order on Motion for Miscellaneous Relief RETURNED UNCLAIMED as to Jaime O. Perez (mn) (Entered: 12/31/2014)

Dec. 29, 2014

Dec. 29, 2014

40

MOTION to Dismiss Defendants Motion to Dismiss and Memorandum in Support Thereof by James R. Clapper, James B. Comey, Eric H. Holder, Jr. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Berman, Julia) (Entered: 01/23/2015)

Jan. 23, 2015

Jan. 23, 2015

41

Response in Opposition to Motion, filed by Carl M. Starr, re 40 MOTION to Dismiss Defendants Motion to Dismiss and Memorandum in Support Thereof filed by Defendant James B. Comey, Defendant Eric H. Holder, Jr., Defendant James R. Clapper (mt) (Entered: 02/19/2015)

Feb. 13, 2015

Feb. 13, 2015

42

RESPONSE in Support, filed by James R. Clapper, James B. Comey, Eric H. Holder, Jr, re 40 MOTION to Dismiss Defendants Motion to Dismiss and Memorandum in Support Thereof filed by Defendant James B. Comey, Defendant Eric H. Holder, Jr., Defendant James R. Clapper (Berman, Julia) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

43

MOTION for Leave to File Plaintiff's Respsonse to Defendant's Reply by Carl M. Starr. (Attachments: # 1 Plaintiff's Response to Defendant's Reply)(vm1) (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

44

MOTION for Leave to File DECLARATION OF PLAINTIFFS by Carl M. Starr. (Attachments: # 1 DECLARATION OF CARL STARR, # 2 DECLARATION OF JAIME O. PEREZ)(vm1) (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

Text Order GRANTING 43 Motion for Leave to File entered by Judge Kathleen Cardone. (This is a text−only entry generated by the court. There is no document associated with this entry.) (KC) (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

45

PLAINTIFF'S RESPONSE TO DEFENDANT'S REPLY BRIEF to 42 by Jaime O. Perez. (mt) (Entered: 03/19/2015)

March 18, 2015

March 18, 2015

46

NOTICE of Filing DECLARATION OF CARL STARR by Jaime O. Perez (mt) (Entered: 03/19/2015)

March 18, 2015

March 18, 2015

47

Clerk's Copy sent via certified mail as to Jaime O. Perez of Order on Motion for Leave to File, Order on Motion for Leave to File (bg) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

48

Clerk's Copy sent via certified mail as to Carl M. Starr of Order on Motion for Leave to File, Order on Motion for Leave to File (bg) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

49

Certified Mail Receipt as to Carl M. Starr of Order on Motion for Leave to File, Order on Motion for Leave to File (bg) (Entered: 03/30/2015)

March 26, 2015

March 26, 2015

50

Certified Mail Receipt as to Jaime O. Perez RETURNED TO SENDER Re: Order on Motion for Leave to File, Order on Motion for Leave to File (bg) (Entered: 04/09/2015)

April 8, 2015

April 8, 2015

51

Leave to File Document

May 14, 2015

May 14, 2015

PACER
52

Response

May 21, 2015

May 21, 2015

PACER
53

Leave to File Document

May 27, 2015

May 27, 2015

PACER

Order on Motion for Leave to File

May 28, 2015

May 28, 2015

PACER

Order on Motion for Leave to File

May 28, 2015

May 28, 2015

PACER
54

Notice of Filing

May 29, 2015

May 29, 2015

PACER
55

Reply to Response to Motion

May 29, 2015

May 29, 2015

PACER
56

Leave to File Document

May 29, 2015

May 29, 2015

PACER
57

Clerk's Copy

June 2, 2015

June 2, 2015

PACER
58

Clerk's Copy

June 2, 2015

June 2, 2015

PACER
59

Order

June 4, 2015

June 4, 2015

PACER
60

Clerk's Copy

June 4, 2015

June 4, 2015

PACER
61

Clerk's Copy

June 4, 2015

June 4, 2015

PACER
62

Certified Mail Receipt

June 12, 2015

June 12, 2015

PACER
63

Certified Mail Receipt

June 12, 2015

June 12, 2015

PACER
64

Notice

June 15, 2015

June 15, 2015

PACER
65

Extension of Time to File Document

June 16, 2015

June 16, 2015

PACER
66

Response to Motion

June 17, 2015

June 17, 2015

PACER
67

Certified Mail Receipt

June 17, 2015

June 17, 2015

PACER

Order on Motion for Leave to File

June 18, 2015

June 18, 2015

PACER

Order on Motion for Extension of Time to File

June 18, 2015

June 18, 2015

PACER
68

Notice of Filing

June 19, 2015

June 19, 2015

PACER
69

Clerk's Copy

June 22, 2015

June 22, 2015

PACER
70

Clerk's Copy

June 22, 2015

June 22, 2015

PACER
71

Clerk's Copy

June 22, 2015

June 22, 2015

PACER
72

Clerk's Copy

June 22, 2015

June 22, 2015

PACER
73

Certified Mail Receipt

June 23, 2015

June 23, 2015

PACER
74

Certified Mail Receipt

June 25, 2015

June 25, 2015

PACER
75

Certified Mail Receipt

June 30, 2015

June 30, 2015

PACER
76

Certified Mail Receipt

June 30, 2015

June 30, 2015

PACER
77

Certified Mail Receipt

July 2, 2015

July 2, 2015

PACER
78

Brief

Aug. 4, 2015

Aug. 4, 2015

PACER
79

Order on Motion to Dismiss

Aug. 6, 2015

Aug. 6, 2015

PACER
80

Clerk's Copy

Aug. 7, 2015

Aug. 7, 2015

PACER
81

Clerk's Copy

Aug. 7, 2015

Aug. 7, 2015

PACER
82

Certified Mail Receipt

Aug. 17, 2015

Aug. 17, 2015

PACER

Case Details

State / Territory: Texas

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- Telephony Metadata

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 5, 2014

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two activists protesting the government's mass collection of telephone records

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

National Security Agency (Washington), Federal

U.S. Department of Justice (Washington), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Conditional Dismissal

Issues

General:

Confidentiality

Records Disclosure

Search policies

Terrorism/Post 9-11 issues