Case: In re Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203

5:16-cm-00010 | U.S. District Court for the Central District of California

Filed Date: Feb. 19, 2016

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On December 3, 2015, U.S. District Court for the Central District of California (Magistrate Judge David T. Bristow) authorized a search and seizure warrant of an iPhone owned by one of the San Bernardino shooters who killed 14 people in California in 2015. However, despite the search warrant, the Federal Bureau of Investigation (“FBI”) was unable to access the iPhone. The encrypted iPhone was protected by a passcode that had security protocols that erased the phone’s data after ten tries. On F…

On December 3, 2015, U.S. District Court for the Central District of California (Magistrate Judge David T. Bristow) authorized a search and seizure warrant of an iPhone owned by one of the San Bernardino shooters who killed 14 people in California in 2015. However, despite the search warrant, the Federal Bureau of Investigation (“FBI”) was unable to access the iPhone. The encrypted iPhone was protected by a passcode that had security protocols that erased the phone’s data after ten tries.

On February 16, 2016, U.S. Attorney’s Office in Los Angeles asked the district court to order Apple to assist the FBI in the investigation of the iPhone pursuant to the All Writs Act, 28 U.S.C. § 1651. That same day, Magistrate Judge Sheri Pym ordered Apple to assist the Federal Bureau of Investigation (“FBI”) with accessing the iPhone owned by one of the San Bernardino shooters. The order required Apple to remove the auto-erase function and the limit on the number of passwords one can enter on the iPhone. The order also indicated that Apple could be asked to write custom software to access the iPhone. See 2016 WL 618401

This case received enormous public attention as Apple formally opposed the district court’s order. In order to manage litigation, the district court decided to split this issue to its own case and reassigned the case 5:15-MJ-00451 to a new docket number 5:16-CM-00010.

On February 19, 2016, the government filed a motion to compel Apple to comply with the court’s February 16 order to access the iPhone. On February 25, 2016, Apple filed a motion to vacate the order and opposition to government’s motion to compel assistance. Apple countered that government’s request for a code to access the iPhone would create a backdoor to all such devices that would be exploitable by other entities. Technology companies such as Facebook, Twitter, Yahoo, Google, Microsoft and others filed amicus briefs supporting Apple’s position in March 2016.

On March 21, 2016, the government asked the court to delay the scheduled hearing, claiming that an “outside party” might be able to unlock the iPhone without Apple’s help.

On March 28, 2016, the government notified the court that it had successfully accessed data stored on the iPhone and no longer required the assistance from Apple. The government officially withdrew its legal action against Apple.

On March 29, 2016, Judge Pym vacated the February 16 order compelling Apple to assist agents in search. This case is closed. See this Order.

Summary Authors

Susie Choi (4/7/2017)

Related Cases

In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by the Court, Eastern District of New York (2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17315989/parties/united-states-v-in-the-matter-of-the-search-of-an-apple-iphone-seized/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Behnke, Jerry A. (California)

Bernhard, Darren B. (District of Columbia)

Bibring, Peter (California)

Blavin, Jonathan H. (California)

Expert/Monitor/Master/Other

Boutrous, Theodore J. Jr. (California)

Judge(s)

Pym, Sheri (California)

Attorney for Defendant

Behnke, Jerry A. (California)

Bernhard, Darren B. (District of Columbia)

Bibring, Peter (California)

Blavin, Jonathan H. (California)

Bridges, Andrew P. (California)

Butler, Alan (District of Columbia)

Cardozo, Nathan (California)

Cohn, Cindy A. (California)

Cope, Sophia Sabrina (California)

Crocker, Andrew (California)

Crum, Travis M. (District of Columbia)

Fagan, Gary R. (California)

Faulkner, William (California)

Feldman, Michael Aaron (California)

Gikow, Stephen Nathaniel (California)

Grammer, William Cody (California)

Granick, Jennifer Stisa (California)

Green, Ariel (California)

Greene, David Allen (California)

Haddad, Mark E. (California)

Haskins, Steven A. (California)

Hayes, David L. (California)

Hoffman, Marcia (California)

Hunter, Tanya L. (California)

Joyce, Eamon P. (District of Columbia)

Katyal, Neal Kumar (District of Columbia)

Katz, Daniel Franklin (District of Columbia)

Krinsky, David M. (District of Columbia)

LaBahn, David Richard (District of Columbia)

Landis, Jeffrey (District of Columbia)

Larson, Stephen G. (California)

Lemley, Mark Alan (California)

Lev, Sean A. (District of Columbia)

Lewis, Anthony J. (California)

Lynch, Jennifer (California)

Maddigan, Michael M. (California)

Mayer, Martin J. (California)

McHale, Ciara N (California)

McLean, Nicholas M. (New York)

Meister, Melissa A. (California)

Mittan, Ciara Nicole (California)

Moore, Richmond T. (District of Columbia)

Murray, Jason C. (California)

Nadolenco, John (California)

Newby, Tyler Griffin (California)

Opsahl, Kurt Bradford (California)

Palow, Caroline Elizabeth Wilson (District of Columbia)

Patashnik, Joshua (California)

Pfefferkorn, Riana (California)

Pincus, Andrew J. (District of Columbia)

Preziosi, Tarquin (California)

Ring, Rosemarie T (California)

Roth, Jerome Cary (California)

Rubin, Michael (California)

Shallman, Daniel N. (California)

Shanmugam, Kannon K. (District of Columbia)

Taub, Richard Franklin (California)

Tien, Lee (California)

Touchstone, James R. (California)

Wilkison, Tracy L. (California)

Willard, Lauren S. (District of Columbia)

Williams, Jamie (California)

Wimmer, Kurt (District of Columbia)

Yohalem, Mark R. (California)

Zadikany, Ruth (California)

show all people

Documents in the Clearinghouse

Document

5:15-mj-00451

Docket

USA v. Black Lexus IS300 California License Plate 5KGD203

Feb. 6, 2016

Feb. 6, 2016

Docket

5:16-cm-00010

Docket [PACER]

In re Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203

May 20, 2016

May 20, 2016

Docket
18

5:15-mj-00451

Government's Ex Parte Application For Order Compelling Apple Inc. to Assist Agents in Search; Memorandum of Points and Authorities

Feb. 16, 2016

Feb. 16, 2016

Pleading / Motion / Brief
19

5:15-mj-00451

Order Compelling Apple, Inc. to Assist Agents in Search

Feb. 16, 2016

Feb. 16, 2016

Order/Opinion

2016 WL 2016

210

5:16-cm-00010

Order Vacating February 16, 2016 Order

March 29, 2016

March 29, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17315989/united-states-v-in-the-matter-of-the-search-of-an-apple-iphone-seized/

Last updated Feb. 13, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
2

Search and Seizure Warrant Issued. Approved by Magistrate Judge David T. Bristow. (Not for Public View pursuant to the E−Government Act of 2002) (mrgo) (Main Document 2 replaced on 12/8/2015) (aco). (Additional attachment(s) added on 2/4/2016: # 1 SW Page 1 and 2, # 2 Attachment A, A−2 and B) (ad). (Entered: 12/07/2015)

Dec. 3, 2015

Dec. 3, 2015

3

EX PARTE APPLICATION to Seal Case Filed by Plaintiff USA as to Defendant Black Lexus IS300 California License Plate 5KGD203, handicap placard 360466F, Vehicle Identification Number JTHBD192X50094434. (mrgo) (Entered: 12/07/2015)

Dec. 3, 2015

Dec. 3, 2015

4

ORDER by Magistrate Judge David T. Bristow: granting 3 EX PARTE APPLICATION to Seal Case as to Black Lexus IS300 California License Plate 5KGD203, handicap placard 360466F, Vehicle Identification Number JTHBD192X50094434 (1). (mrgo) (Entered: 12/07/2015)

Dec. 3, 2015

Dec. 3, 2015

6

GOVERNMENT'S EX PARTE APPLICATION for Order Sealing Document Filed by Plaintiff USA. (ad) (mrgo). (Entered: 01/27/2016)

Jan. 26, 2016

Jan. 26, 2016

7

ORDER SEALING DOCUMENT by Magistrate Judge Sheri Pym. (ad) (mrgo). Modified on 2/25/2016 (ad). (Entered: 01/27/2016)

Jan. 26, 2016

Jan. 26, 2016

8

GOVERNMENT'S EX PARTE APPLICATION for Order Unsealing Search and Seizure Warrant and Attachments A, A−2 and B Filed by Plaintiff USA. (ad) (mrgo). (Entered: 01/27/2016)

Jan. 26, 2016

Jan. 26, 2016

9

ORDER UNSEALING Search and Seizure Warrant and Attachments A, A−2 and B ONLY by Magistrate Judge Sheri Pym. (ad) (mrgo). Modified on 2/25/2016 (ad). (Entered: 01/27/2016)

Jan. 26, 2016

Jan. 26, 2016

10

EX PARTE APPLICATION for First Extension of Time Within Which to Retain and Search Digital Devices Filed by Plaintiff USA as to Defendant Black Lexus IS300 California License Plate 5KGD203, handicap placard 360466F, Vehicle Identification Number JTHBD192X50094434. (mrgo) (Entered: 02/02/2016)

Jan. 29, 2016

Jan. 29, 2016

11

ORDER by Magistrate Judge Sheri Pym: granting 10 EX PARTE APPLICATION for Order as to Black Lexus IS300 California License Plate 5KGD203, handicap placard 360466F, Vehicle Identification Number JTHBD192X50094434 (1). (mrgo) (Entered: 02/02/2016)

Jan. 29, 2016

Jan. 29, 2016

12

EX PARTE APPLICATION FOR ORDER SEALING DOCUMENTS as to Defendant Black Lexus IS300 California License Plate 5KGD203, handicap placard 360466F, Vehicle Identification Number JTHBD192X50094434. Filed by Plaintiff USA as to Defendant Black Lexus IS300 California License Plate 5KGD203, handicap placard 360466F, Vehicle Identification Number JTHBD192X50094434. (mrgo) (Entered: 02/02/2016)

Jan. 29, 2016

Jan. 29, 2016

13

ORDER by Magistrate Judge Sheri Pym: granting 12 EX PARTE APPLICATION to Seal Document as to Black Lexus IS300 California License Plate 5KGD203, handicap placard 360466F, Vehicle Identification Number JTHBD192X50094434 (1). (mrgo) (Entered: 02/02/2016)

Jan. 29, 2016

Jan. 29, 2016

14

GOVERNMENT'S EX PARTE APPLICATION FOR ORDER SEALING DOCUMENT Filed. (ad) (Entered: 02/04/2016)

Feb. 2, 2016

Feb. 2, 2016

15

ORDER SEALING DOCUMENT by Magistrate Judge David T. Bristow. (ad) (Entered: 02/04/2016)

Feb. 2, 2016

Feb. 2, 2016

16

GOVERNMENT'S AMENDED EX PARTE APPLICATION FOR ORDER UNSEALING THIS MATTER, Specifically the Search Warrant and Attachments, All Else to Remain Under Seal Filed. (ad) (Entered: 02/04/2016)

Feb. 2, 2016

Feb. 2, 2016

17

ORDER UNSEALING THIS MATTER, SPECIFICALLY THE SEARCH WARRANT AND ATTACHMENTS, ALL ELSE TO REMAIN UNDER SEAL by Magistrate Judge David T. Bristow. (ad) (Entered: 02/04/2016)

Feb. 2, 2016

Feb. 2, 2016

18

EX PARTE APPLICATION ORDER COMPELLING APPLE INC. TO ASSIST AGENTS IN SEARCH Filed by Plaintiff USA as to Defendant Black Lexus IS300 California License Plate 5KGD203, handicap placard 360466F, Vehicle Identification Number JTHBD192X50094434. (mrgo) (Entered: 02/17/2016)

Feb. 16, 2016

Feb. 16, 2016

19

ORDER COMPELLING APPLE, INC. TO ASSIST AGENTS IN SEARCH by Magistrate Judge Sheri Pym: granting 18 EX PARTE APPLICATION for Order as to Black Lexus IS300 California License Plate 5KGD203, handicap placard 360466F, Vehicle Identification Number JTHBD192X50094434 (1). (mrgo) (Entered: 02/17/2016)

Feb. 16, 2016

Feb. 16, 2016

136

ORDER by Magistrate Judge Sheri Pym GRANTING 39 MOTION of AVG Technologies, the Computer & Communications Industry Association, Data Foundry, Golden Frog, the Internet Association and the Internet Infrastructure Coalition for Leave to File an Amici Curiae Brief in support of Apple Inc's Motion to Vacate Order Compelling Apple Inc to Assist Agents in Search and Opposition to Government's Motion to Compel Assistance. (ad) (Entered: 03/09/2016)

March 7, 2016

March 7, 2016

PACER
137

NOTICE OF ERRATA and Lodging of Corrected Brief of Amici Curiae AVG Technologies, the Computer & Communications Industry Association, Data Foundry, Golden Frog, the Internet Association, the Internet Infrastructure Coalition filed. (ad) (Entered: 03/09/2016)

March 7, 2016

March 7, 2016

PACER
138

CORRECTED BRIEF of Amici Curiae AVG Technologies, the Computer & Communications Industry Association, Data Foundry, Golden Frog, the Internet Association, the Internet Infrastructure Coalition in Support of Apple Inc's MOTION to Vacate Order Compelling Apple Inc to Assist Agents in Search 16, and Opposition to Government's MOTION to Compel Assistance 1 filed. (ad) (Entered: 03/09/2016)

March 7, 2016

March 7, 2016

PACER

FINANCIAL ENTRY - Received 325.00 into the registry of the Court from Bosco Legal Services Inc. for Darren B Bernhard as to Amicus party Intel Corporation Re: APPLICATION OF NON-RESIDENT ATTORNEY of Darren B Bernhard to Appear Pro Hac Vice as to Defendant In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203, 123 . Receipt number RS007536. (mrgo)

March 9, 2016

March 9, 2016

PACER
148

APPLICATION OF NON-RESIDENT ATTORNEY Neal K. Katyal to Appear Pro Hac Vice as to Defendant In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203, Access Now, Wickr Foundation, American Civil Liberties Union Foundation of Southern California, ACLU of Southern California, ACLU of Northern California, ACLU of San Diego and Imperial Counties, Electronic Frontier Foundation, 46 Technologists, Researchers and Cryptographers, ACT The App Association, AT&T Mobility LLC, Federal Law Enforcement Officers Association, Association of Prosecuting Attorneys Inc, National Sheriffs' Association, Privacy International and Human Rights Watch, Airbnb Inc, Atlassian Pty Ltd, Automattic Inc, CloudFlare Inc, eBay Inc, GitHub Inc, Kickstarter PBC, Linkedin Corporation, Mapbox Inc, A Medium Corporation, Meetup Inc, Reddit Inc, Square Inc, Squarespace Inc, Twilio Inc, Twitter Inc, Wickr Inc, The People of the State of California, iPhone Security and Applied Cryptography Experts, Amazon.com, Box, Cisco Systems, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, Yahoo, California State Sheriffs' Association, California Police Chiefs' Association, California Peace Officers' Association, Electronic Privacy Information Center, BSA The Software Alliance, The Consumer Technology Association, The Information Technology Industry Council, TechNet, Center for Democracy & Technology, Greg Clayborn, James Godoy, Hal Houser, Tina Meins, Mark Sandefur, Robert Velasco, Lavabit LLC, The Media Institute, Law Professors, Richard F Taub, Esq, AVG Technologies, Computer & Communications Industry Association, Data Foundry, Golden Frog, Internet Association, Internet Infrastructure Coalition (PHV FEE NOT PAID) Filed by Plaintiff Amazon.com, Box, Cisco Systems, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, Yahoo as to Defendant In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203, Access Now, Wickr Foundation, American Civil Liberties Union Foundation of Southern California, ACLU of Southern California, ACLU of Northern California, ACLU of San Diego and Imperial Counties, Electronic Frontier Foundation, 46 Technologists, Researchers and Cryptographers, ACT The App Association, AT&T Mobility LLC, Federal Law Enforcement Officers Association, Association of Prosecuting Attorneys Inc, National Sheriffs' Association, Privacy International and Human Rights Watch, Airbnb Inc, Atlassian Pty Ltd, Automattic Inc, CloudFlare Inc, eBay Inc, GitHub Inc, Kickstarter PBC, Linkedin Corporation, Mapbox Inc, A Medium Corporation, Meetup Inc, Reddit Inc, Square Inc, Squarespace Inc, Twilio Inc, Twitter Inc, Wickr Inc, The People of the State of California, iPhone Security and Applied Cryptography Experts, Amazon.com, Box, Cisco Systems, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, Yahoo, California State Sheriffs' Association, California Police Chiefs' Association, California Peace Officers' Association, Electronic Privacy Information Center, BSA The Software Alliance, The Consumer Technology Association, The Information Technology Industry Council, TechNet, Center for Democracy & Technology, Greg Clayborn, James Godoy, Hal Houser, Tina Meins, Mark Sandefur, Robert Velasco, Lavabit LLC, The Media Institute, Law Professors, Richard F Taub, Esq, AVG Technologies, Computer & Communications Industry Association, Data Foundry, Golden Frog, Internet Association, Internet Infrastructure Coalition. (Attachments: # 1 Proposed Order) (Maddigan, Michael) Modified on 3/22/2016 (mrgo). (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

PACER
149

REPLY support NOTICE OF MOTION AND MOTION to Vacate Order Compelling Apple Inc. to Assist Agents in Search 16, NOTICE OF MOTION AND MOTION to Compel APPLE INC TO COMPLY WITH THIS COURT'S FEBRUARY 16, 2016 ORDER COMPELLING ASSISTANCE IN SEARCH; EXHIBIT 1 filed by Plaintiff USA as to Defendant Apple. (Attachments: # 1 Declaration of Tracy Wilkison and Exhibits, # 2 Declaration Christopher Pluhar, # 3 Declaration Stacey Perino and Exhibits)(Wilkison, Tracy) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

PACER
150

Notice of Appearance or Withdrawal of Counsel: for attorney Riana Pfefferkorn counsel for Defendant iPhone Security and Applied Cryptography Experts. Filed by Amicus Curiae iPhone Security and Applied Cryptography Experts. (Pfefferkorn, Riana) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

PACER
159

NOTICE OF MOTION AND MOTION of Intel Corporation for Leave to File Brief as Amicus Curiae Filed. (ad) (Entered: 03/15/2016)

March 10, 2016

March 10, 2016

PACER
152

Notice of Appearance or Withdrawal of Counsel: for attorney Andrew P Bridges counsel for Defendants AVG Technologies, Computer & Communications Industry Association, Data Foundry, Golden Frog, Internet Association, Internet Infrastructure Coalition. Filed by Amici Curiae AVG Technologies, the Computer & Communications Industry Association, Data Foundry, Golden Frog, the Internet Association, and the Internet Infrastructure Coalition. (Bridges, Andrew) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
153

Notice of Appearance or Withdrawal of Counsel: for attorney David L Hayes counsel for Defendants AVG Technologies, Computer & Communications Industry Association, Data Foundry, Golden Frog, Internet Association, Internet Infrastructure Coalition. Filed by Amici Curiae AVG Technologies, the Computer & Communications Industry Association, Data Foundry, Golden Frog, the Internet Association, and the Internet Infrastructure Coalition. (Hayes, David) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
154

Notice of Appearance or Withdrawal of Counsel: for attorney Tyler Griffin Newby counsel for Defendants AVG Technologies, Computer & Communications Industry Association, Data Foundry, Golden Frog, Internet Association, Internet Infrastructure Coalition. Filed by Amici Curiae AVG Technologies, the Computer & Communications Industry Association, Data Foundry, Golden Frog, the Internet Association, and the Internet Infrastructure Coalition. (Newby, Tyler) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
155

Notice of Appearance or Withdrawal of Counsel: for attorney Ciara Nicole Mittan counsel for Defendants AVG Technologies, Computer & Communications Industry Association, Data Foundry, Golden Frog, Internet Association, Internet Infrastructure Coalition. Filed by Amici Curiae AVG Technologies, the Computer & Communications Industry Association, Data Foundry, Golden Frog, the Internet Association, and the Internet Infrastructure Coalition. (Mittan, Ciara) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

PACER
160

ORDER by Magistrate Judge Sheri Pym GRANTING 159 MOTION of Intel Corporation for Leave to File Brief as Amicus Curiae. (ad) (Entered: 03/15/2016)

March 11, 2016

March 11, 2016

PACER
161

BRIEF of Intel Corporation as Amicus Curiae in support of Apple Inc 16 filed. (ad) (Entered: 03/15/2016)

March 11, 2016

March 11, 2016

PACER
164

ORDER by Magistrate Judge Sheri Pym on 131 APPLICATION of attorney Andrew J Pincus to Appear Pro Hac Vice as to Amici Curiae BSA The Software Alliance (55), The Consumer Technology Association (56), The Information Technology Industry Council (57), TechNet (58) GRANTED. (ad) (Entered: 03/15/2016)

March 11, 2016

March 11, 2016

PACER
171

ORDER by Magistrate Judge Sheri Pym on 123 APPLICATION of Darren B Bernhard to Appear Pro Hac Vice as to Amicus Curiae Intel Corporation GRANTED. (ad) (Entered: 03/15/2016)

March 11, 2016

March 11, 2016

PACER
172

DENIED ORDER by Magistrate Judge Sheri Pym on 129 APPLICATION OF NON-RESIDENT ATTORNEY Richmond T Moore to Appear Pro Hac Vice as to Amicus Curiae Intel Corporation DENIED. Fee shall be returned by Clerk. (ad) Modified on 3/15/2016 (ad). (Entered: 03/15/2016)

March 11, 2016

March 11, 2016

PACER
173

DENIED ORDER by Magistrate Judge Sheri Pym on 125 APPLICATION OF NON-RESIDENT ATTORNEY Kannon K Shanmugam to Appear Pro Hac Vice as to Amicus Curiae Intel Corporation DENIED. Fee shall be returned by the Clerk. (ad) (Entered: 03/15/2016)

March 11, 2016

March 11, 2016

PACER
174

ORDER by Magistrate Judge Sheri Pym on 127 APPLICATION of attorney Daniel F Katz to Appear Pro Hac Vice as to Amicus Curiae Intel Corporation GRANTED. (ad) (Entered: 03/15/2016)

March 11, 2016

March 11, 2016

PACER
175

DENIED ORDER by Magistrate Judge Sheri Pym on [121 APPLICATION OF NON-RESIDENT ATTORNEY David M Krinsky to Appear Pro Hac Vice as to Amicus Curiae Intel Corporation DENIED. Fee shall be returned by the Clerk. (ad) (Entered: 03/15/2016)

March 11, 2016

March 11, 2016

PACER
178

MOTION for Leave to File and Brief Amicus Curiae of Professors David W Opderbeck and Justin (Gus) Hurwitz filed. (ad) (Entered: 03/15/2016)

March 11, 2016

March 11, 2016

PACER
179

DENIED ORDER by Magistrate Judge Sheri Pym Re 178 MOTION for Leave to File Brief Amicus Curiae as to Law Professors David W Opderbeck and Justin (Gus) Hurwitz DENIED. (ad) (Entered: 03/15/2016)

March 11, 2016

March 11, 2016

PACER
177

REPLY in Support of Motion to Vacate Order Compelling Apple Inc. To Assist Agents in Search NOTICE OF MOTION AND MOTION to Vacate Order Compelling Apple Inc. to Assist Agents in Search 16 (Attachments: # 1 Declaration of Nicola T. Hanna, # 2 Exhibit EE, # 3 Exhibit FF, # 4 Exhibit GG, # 5 Exhibit HH, # 6 Exhibit II, # 7 Exhibit JJ, # 8 Exhibit KK, # 9 Exhibit LL, # 10 Exhibit MM, # 11 Exhibit NN, # 12 Exhibit OO, # 13 Exhibit PP, # 14 Exhibit QQ, # 15 Exhibit RR, # 16 Exhibit SS, # 17 Exhibit TT, # 18 Exhibit UU, # 19 Declaration of Craig Federighi, # 20 Declaration of Erik Neuenschwander, # 21 Declaration of Robert Ferrini)(Boutrous, Theodore) (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

PACER
180

APPLICATION OF NON-RESIDENT ATTORNEY Sean A. Lev to Appear Pro Hac Vice as to Defendant In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203, Access Now, Wickr Foundation, American Civil Liberties Union Foundation of Southern California, ACLU of Southern California, ACLU of Northern California, ACLU of San Diego and Imperial Counties, Electronic Frontier Foundation, 46 Technologists, Researchers and Cryptographers, ACT The App Association, AT&T Mobility LLC, Federal Law Enforcement Officers Association, Association of Prosecuting Attorneys Inc, National Sheriffs' Association, Privacy International and Human Rights Watch, Airbnb Inc, Atlassian Pty Ltd, Automattic Inc, CloudFlare Inc, eBay Inc, GitHub Inc, Kickstarter PBC, Linkedin Corporation, Mapbox Inc, A Medium Corporation, Meetup Inc, Reddit Inc, Square Inc, Squarespace Inc, Twilio Inc, Twitter Inc, Wickr Inc, The People of the State of California, iPhone Security and Applied Cryptography Experts, Amazon.com, Box, Cisco Systems, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, Yahoo, California State Sheriffs' Association, California Police Chiefs' Association, California Peace Officers' Association, Electronic Privacy Information Center, BSA The Software Alliance, The Consumer Technology Association, The Information Technology Industry Council, TechNet, Center for Democracy & Technology, Greg Clayborn, James Godoy, Hal Houser, Tina Meins, Mark Sandefur, Robert Velasco, Lavabit LLC, The Media Institute, Law Professors, Richard F Taub, Esq, AVG Technologies, Computer & Communications Industry Association, Data Foundry, Golden Frog, Internet Association, Internet Infrastructure Coalition, Intel Corporation (PHV FEE NOT PAID) Filed by Plaintiff AT&T Mobility LLC as to Defendant In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203, Access Now, Wickr Foundation, American Civil Liberties Union Foundation of Southern California, ACLU of Southern California, ACLU of Northern California, ACLU of San Diego and Imperial Counties, Electronic Frontier Foundation, 46 Technologists, Researchers and Cryptographers, ACT The App Association, AT&T Mobility LLC, Federal Law Enforcement Officers Association, Association of Prosecuting Attorneys Inc, National Sheriffs' Association, Privacy International and Human Rights Watch, Airbnb Inc, Atlassian Pty Ltd, Automattic Inc, CloudFlare Inc, eBay Inc, GitHub Inc, Kickstarter PBC, Linkedin Corporation, Mapbox Inc, A Medium Corporation, Meetup Inc, Reddit Inc, Square Inc, Squarespace Inc, Twilio Inc, Twitter Inc, Wickr Inc, The People of the State of California, iPhone Security and Applied Cryptography Experts, Amazon.com, Box, Cisco Systems, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, Yahoo, California State Sheriffs' Association, California Police Chiefs' Association, California Peace Officers' Association, Electronic Privacy Information Center, BSA The Software Alliance, The Consumer Technology Association, The Information Technology Industry Council, TechNet, Center for Democracy & Technology, Greg Clayborn, James Godoy, Hal Houser, Tina Meins, Mark Sandefur, Robert Velasco, Lavabit LLC, The Media Institute, Law Professors, Richard F Taub, Esq, AVG Technologies, Computer & Communications Industry Association, Data Foundry, Golden Frog, Internet Association, Internet Infrastructure Coalition, Intel Corporation. (Attachments: # 1 Payment Confirmation, # 2 Proposed Order) (Murray, Jason) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
189

NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Sheri Pym ORDERING Brief submitted by Arumai Technologies Inc, received on 3/16/2016 is not to be filed but instead rejected. Denial based on: Untimely, due no later than 3/3/2016. No request seeking leave of Court to file such brief submitted. (ad) (Entered: 03/21/2016)

March 16, 2016

March 16, 2016

PACER
181

MINUTES OF IN CHAMBERS ORDER by Magistrate Judge Sheri Pym: Setting Procedures Governing March 22, 2016 Hearing ****(PLEASE READ ORDER CAREFULLY FOR FURTHER DETAILS)**** (kca) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

PACER
182

Notice of Appearance or Withdrawal of Counsel: for attorney Tracy L Wilkison counsel for Plaintiff USA. Adding Mark Yohalem as counsel of record for United States for the reason indicated in the G-123 Notice. Filed by Applicant United States. (Wilkison, Tracy) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

PACER
183

Notice of Appearance or Withdrawal of Counsel: for attorney Tracy L Wilkison counsel for Plaintiff USA. Adding Stephanie Christensen as counsel of record for United States for the reason indicated in the G-123 Notice. Filed by Applicant United States. (Wilkison, Tracy) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

PACER
184

Notice of Appearance or Withdrawal of Counsel: for attorney Tracy L Wilkison counsel for Plaintiff USA. Adding Anthony Lewis as counsel of record for United States for the reason indicated in the G-123 Notice. Filed by Applicant United States. (Wilkison, Tracy) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

PACER
186

Notice of Appearance or Withdrawal of Counsel: for attorney Michael M Maddigan counsel for Defendants Amazon.com, Box, Cisco Systems, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, Yahoo. Adding Michael M. Maddigan as counsel of record for Amazon.com, Box, Cisco Systems, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, and Yahoo for the reason indicated in the G-123 Notice. Filed by Amici Amazon.com, Box, Cisco Systems, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, and Yahoo. (Maddigan, Michael) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
187

Notice of Appearance or Withdrawal of Counsel: for attorney Michael M Maddigan counsel for Defendants Amazon.com, Box, Cisco Systems, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, Yahoo. Adding Neal K. Katyal as counsel of record for Amazon.com, Box, Cisco Systems, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, and Yahoo for the reason indicated in the G-123 Notice. Filed by Amici Amazon.com, Box, Cisco Systems, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, and Yahoo. (Maddigan, Michael) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

PACER
194

JOINDER of Trenna Meins to the APPLICATION of Greg Clayborn, James Godoy, Hal Houser, Tina Meins, Mark Sandefur and Robert Velasco to File an Amicus Curiae Brief 35 filed. (ad) (Entered: 03/21/2016)

March 18, 2016

March 18, 2016

PACER
188

COMPACT DISC Order for date of proceedings 3/17/2016 to 3/17/2016 as to Defendant In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203, Access Now, Wickr Foundation, American Civil Liberties Union Foundation of Southern California, ACLU of Southern California, ACLU of Northern California, ACLU of San Diego and Imperial Counties, Electronic Frontier Foundation, 46 Technologists, Researchers and Cryptographers, ACT The App Association, AT&T Mobility LLC, Federal Law Enforcement Officers Association, Association of Prosecuting Attorneys Inc, National Sheriffs' Association, Privacy International and Human Rights Watch, Airbnb Inc, Atlassian Pty Ltd, Automattic Inc, CloudFlare Inc, eBay Inc, GitHub Inc, Kickstarter PBC, Linkedin Corporation, Mapbox Inc, A Medium Corporation, Meetup Inc, Reddit Inc, Square Inc, Squarespace Inc, Twilio Inc, Twitter Inc, Wickr Inc, The People of the State of California, iPhone Security and Applied Cryptography Experts, Amazon.com, Box, Cisco Systems, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, Yahoo, California State Sheriffs' Association, California Police Chiefs' Association, California Peace Officers' Association, Electronic Privacy Information Center, BSA The Software Alliance, The Consumer Technology Association, The Information Technology Industry Council, TechNet, Center for Democracy & Technology, Greg Clayborn, James Godoy, Hal Houser, Tina Meins, Mark Sandefur, Robert Velasco, Lavabit LLC, The Media Institute, Law Professors, Richard F Taub, Esq, AVG Technologies, Computer & Communications Industry Association, Data Foundry, Golden Frog, Internet Association, Internet Infrastructure Coalition, Intel Corporation Court will contact SANDY BAUTISTA at sandy.bautista@usdoj.gov with any questions regarding this order. Transcript portion requested: Other: CONFERENCE CALL 3/17/2016. U.S. Government attorney. No fee required.(Chiu, Allen) (Entered: 03/21/2016)

March 21, 2016

March 21, 2016

PACER
190

MINUTES (In Chambers) AMENDED ORDER Setting Procedures Governing March 22, 2016 Hearing by Magistrate Judge Sheri Pym. ****(PLEASE READ ORDER CAREFULLY FOR FURTHER DETAILS)**** (vp) (Entered: 03/21/2016)

March 21, 2016

March 21, 2016

PACER
191

EX PARTE APPLICATION to Vacate Hearing set for March 22, 2016 and for the government to file a status report by April 5, 2016 Filed by Plaintiff USA as to Defendant In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203, Access Now, Wickr Foundation, American Civil Liberties Union Foundation of Southern California, ACLU of Southern California, ACLU of Northern California, ACLU of San Diego and Imperial Counties, Electronic Frontier Foundation, 46 Technologists, Researchers and Cryptographers, ACT The App Association, AT&T Mobility LLC, Federal Law Enforcement Officers Association, Association of Prosecuting Attorneys Inc, National Sheriffs' Association, Privacy International and Human Rights Watch, Airbnb Inc, Atlassian Pty Ltd, Automattic Inc, CloudFlare Inc, eBay Inc, GitHub Inc, Kickstarter PBC, Linkedin Corporation, Mapbox Inc, A Medium Corporation, Meetup Inc, Reddit Inc, Square Inc, Squarespace Inc, Twilio Inc, Twitter Inc, Wickr Inc, The People of the State of California, iPhone Security and Applied Cryptography Experts, Amazon.com, Box, Cisco Systems, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, Yahoo, California State Sheriffs' Association, California Police Chiefs' Association, California Peace Officers' Association, Electronic Privacy Information Center, BSA The Software Alliance, The Consumer Technology Association, The Information Technology Industry Council, TechNet, Center for Democracy & Technology, Greg Clayborn, James Godoy, Hal Houser, Tina Meins, Mark Sandefur, Robert Velasco, Lavabit LLC, The Media Institute, Law Professors, Richard F Taub, Esq, AVG Technologies, Computer & Communications Industry Association, Data Foundry, Golden Frog, Internet Association, Internet Infrastructure Coalition, Intel Corporation. (Attachments: # 1 Proposed Order) (Wilkison, Tracy) Modified on 3/22/2016 (mrgo). (Entered: 03/21/2016)

March 21, 2016

March 21, 2016

PACER
199

MINUTES (Telephonic Conference) Order Granting Governments Ex Parte Application to Vacate Hearing set for March 22, 2016 191 held before Magistrate Judge Sheri Pym. Based on the good cause shown in that application, and based on Apples nonobjection to vacating the hearing, the court ORDERS: the hearing in this matter set for March 22, 2016 at 1:00 p.m. is VACATED; the government is ordered to file a status report by April 5, 2016 (See Order for Details). Court Reporter: Adele Frazier. (vp) (Entered: 03/21/2016)

March 21, 2016

March 21, 2016

PACER
205

TRANSCRIPT filed as to Defendant In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203, Access Now, Wickr Foundation, American Civil Liberties Union Foundation of Southern California, ACLU of Southern California, ACLU of Northern California, ACLU of San Diego and Imperial Counties, Electronic Frontier Foundation, 46 Technologists, Researchers and Cryptographers, ACT The App Association, AT&T Mobility LLC, Federal Law Enforcement Officers Association, Association of Prosecuting Attorneys Inc, National Sheriffs' Association, Privacy International and Human Rights Watch, Airbnb Inc, Atlassian Pty Ltd, Automattic Inc, CloudFlare Inc, eBay Inc, GitHub Inc, Kickstarter PBC, Linkedin Corporation, Mapbox Inc, A Medium Corporation, Meetup Inc, Reddit Inc, Square Inc, Squarespace Inc, Twilio Inc, Twitter Inc, Wickr Inc, The People of the State of California, iPhone Security and Applied Cryptography Experts, Amazon.com, Box, Cisco Systems, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, Yahoo, California State Sheriffs' Association, California Police Chiefs' Association, California Peace Officers' Association, Electronic Privacy Information Center, BSA The Software Alliance, The Consumer Technology Association, The Information Technology Industry Council, TechNet, Center for Democracy & Technology, Greg Clayborn, James Godoy, Hal Houser, Tina Meins, Mark Sandefur, Robert Velasco, Lavabit LLC, The Media Institute, Law Professors, Richard F Taub, Esq, AVG Technologies, Computer & Communications Industry Association, Data Foundry, Golden Frog, Internet Association, Internet Infrastructure Coalition, Intel Corporation for proceedings held on 3-21-2016; 4:00pm. Court Reporter: ADELE C. FRAZIER, adelefraziercsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/12/2016. Redacted Transcript Deadline set for 4/22/2016. Release of Transcript Restriction set for 6/20/2016.(afr) (Entered: 03/22/2016)

March 22, 2016

March 22, 2016

PACER
206

NOTICE OF FILING TRANSCRIPT filed as to Defendant In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203, Access Now, Wickr Foundation, American Civil Liberties Union Foundation of Southern California, ACLU of Southern California, ACLU of Northern California, ACLU of San Diego and Imperial Counties, Electronic Frontier Foundation, 46 Technologists, Researchers and Cryptographers, ACT The App Association, AT&T Mobility LLC, Federal Law Enforcement Officers Association, Association of Prosecuting Attorneys Inc, National Sheriffs' Association, Privacy International and Human Rights Watch, Airbnb Inc, Atlassian Pty Ltd, Automattic Inc, CloudFlare Inc, eBay Inc, GitHub Inc, Kickstarter PBC, Linkedin Corporation, Mapbox Inc, A Medium Corporation, Meetup Inc, Reddit Inc, Square Inc, Squarespace Inc, Twilio Inc, Twitter Inc, Wickr Inc, The People of the State of California, iPhone Security and Applied Cryptography Experts, Amazon.com, Box, Cisco Systems, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, Yahoo, California State Sheriffs' Association, California Police Chiefs' Association, California Peace Officers' Association, Electronic Privacy Information Center, BSA The Software Alliance, The Consumer Technology Association, The Information Technology Industry Council, TechNet, Center for Democracy & Technology, Greg Clayborn, James Godoy, Hal Houser, Tina Meins, Mark Sandefur, Robert Velasco, Lavabit LLC, The Media Institute, Law Professors, Richard F Taub, Esq, AVG Technologies, Computer & Communications Industry Association, Data Foundry, Golden Frog, Internet Association, Internet Infrastructure Coalition, Intel Corporation for proceedings 3-21-2016; 4:00pm re Transcript 205 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(afr) TEXT ONLY ENTRY (Entered: 03/22/2016)

March 22, 2016

March 22, 2016

PACER
209

STATUS REPORT filed by Plaintiff USA as to Defendant In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203, Access Now, Wickr Foundation, American Civil Liberties Union Foundation of Southern California, ACLU of Southern California, ACLU of Northern California, ACLU of San Diego and Imperial Counties, Electronic Frontier Foundation, 46 Technologists, Researchers and Cryptographers, ACT The App Association, AT&T Mobility LLC, Federal Law Enforcement Officers Association, Association of Prosecuting Attorneys Inc, National Sheriffs' Association, Privacy International and Human Rights Watch, Airbnb Inc, Atlassian Pty Ltd, Automattic Inc, CloudFlare Inc, eBay Inc, GitHub Inc, Kickstarter PBC, Linkedin Corporation, Mapbox Inc, A Medium Corporation, Meetup Inc, Reddit Inc, Square Inc, Squarespace Inc, Twilio Inc, Twitter Inc, Wickr Inc, The People of the State of California, iPhone Security and Applied Cryptography Experts, Amazon.com, Box, Cisco Systems, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, Yahoo, California State Sheriffs' Association, California Police Chiefs' Association, California Peace Officers' Association, Electronic Privacy Information Center, BSA The Software Alliance, The Consumer Technology Association, The Information Technology Industry Council, TechNet, Center for Democracy & Technology, Greg Clayborn, James Godoy, Hal Houser, Tina Meins, Mark Sandefur, Robert Velasco, Lavabit LLC, The Media Institute, Law Professors, Richard F Taub, Esq, AVG Technologies, Computer & Communications Industry Association, Data Foundry, Golden Frog, Internet Association, Internet Infrastructure Coalition, Intel Corporation, Trenna Meins, re Order on Motion to Vacate,, Telephone Conference, 199 . (Attachments: # 1 Proposed Order)(Wilkison, Tracy) (Entered: 03/28/2016)

March 28, 2016

March 28, 2016

PACER
210

ORDER ORDER VACATING FEBRUARY 16, 2016 ORDER by Magistrate Judge Sheri Pym re: 16 MOTION to Vacate and 1 MOTION to Compel. GOOD CAUSE HAVING BEEN SHOWN, the Court hereby VACATES the Order Compelling Apple Inc. to Assist Agents in Search dated February 16, 2016, in case number ED 15-451-M. As such, the governments Motion to Compel Apple Inc. to Comply With This Courts February 16, 2016 Order (docket no. 1), and Apple Inc.s Motion to Vacate Order Compelling Apple Inc. to Assist Agents in Search (docket no. 16), are denied as moot. (mrgo) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

PACER
214

FINANCIAL ENTRY as to Attorney Mark E. Haddad. Disbursed $325.00 to Sidley Austin LLP. Re: Order on Application for Refund of Fees Paid (G-124) 146 . Receipt number Pay.gov no. 0973-17406302. (rdj) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER

Financial Entry

May 20, 2016

May 20, 2016

PACER
215

Attorney Appearance or Reassignment for the USA

June 24, 2022

June 24, 2022

PACER

Case Details

State / Territory: California

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 19, 2016

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The U.S. Government

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Apple Inc. , Private Entity/Person

Case Details

Causes of Action:

All Writs Act, 28 U.S.C. § 1651

Special Case Type(s):

Criminal

Warrant or subpoena application

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Records Disclosure

Search policies