Electronic Frontier Foundation v. Office of the Director of National Intelligence

MOTION to Shorten Time For Hearing on Plaintiffs Motion for Preliminary Injunction

N.D. Cal.October 29, 2007

-1- APPLICATION FOR ORDER SHORTENING TIME FOR HEARING ON PLTFS MOTION FOR PRELIMINARY INJUNCTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 David L. Sobel (pro hac vice pending) sobel@eff.org ELECTRONIC FRONTIER FOUNDATION 1875 Connecticut Ave. NW Suite 650 Washington, DC 20009 Telephone: (202) 797-9009 x104 Facsimile: (202) 707-9066 Kurt Opsahl (SBN 191303) kurt@eff.org Marcia Hofmann (SBN 250087) marcia@eff.org ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, CA 94110 Telephone: (415) 436-9333 x116 Facsimile: (415) 436-9993 Attorneys for Plaintiff ELECTRONIC FRONTIER FOUNDATION UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ELECTRONIC FRONTIER FOUNDATION, Plaintiff, v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. C 07-5378 EMC APPLICATION FOR ORDER SHORTENING TIME FOR HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION Courtroom: TO THE UNITED STATES DISTRICT COURT, THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, AND ITS ATTORNEYS OF RECORD: Plaintiff Electronic Frontier Foundation (“EFF”) hereby respectfully applies for an order shortening time for a hearing on its concurrently filed motion for preliminary injunction against Case 3:07-cv-05278-SI Document 9 Filed 10/29/2007 Page 1 of 4 -2- APPLICATION FOR ORDER SHORTENING TIME FOR HEARING ON PLTFS MOTION FOR PRELIMINARY INJUNCTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant, the Office of the Director of National Intelligence (“ODNI”). This is a Freedom of Information Act (“FOIA”) case seeking documents about telecommunications companies' lobbying campaign to amend U.S. foreign intelligence surveillance law, particularly lobbying for changes that would hold telecommunications carriers unaccountable for their cooperation in widespread and illegal government surveillance. This matter of critical importance is currently under consideration in Congress. ODNI has conceded that Plaintiff is entitled to expedited processing of the requested documents, which means that the agency should have finished processing the requests within 20 working days of receipt. However, ODNI has released no documents as of this filing. Plaintiff seeks shortened time because a swift hearing on the issue of whether EFF is entitled to the requested records is necessary to ensure that the public and lawmakers can consider documents relevant to the public debate over this legislation before the final congressional vote. An order compelling the timely processing and release of these documents is critical because the information requested is directly relevant to understanding ODNI’s role in lobbying on behalf of telecommunications providers for legislation that is designed to force the dismissal of lawsuits against providers, more than 40 of which are currently pending before this Court. While ODNI stonewalls EFF’s lawful FOIA requests, Congress continues to consider the legislation demanded by the Director of National Intelligence. EFF and the public deserve to know about contacts and connections between ODNI and telecom lobbyists before any legislation granting a get-out-of-jail- free card becomes law. Because time is at the essence of both EFF’s rights and ODNI’s obligations, EFF respectfully requests entry of an order shortening time for the Court to hear this matter. This application to shorten time is brought pursuant to the Court's inherent power to control its calendar and the power to shorten time to hear motions under Fed. R. Civ. P. 6(d). Plaintiff asks this court for expedited scheduling based upon this Application to Shorten Time, the Declaration of Marcia Hofmann in support of this application, the Proof of Service Declaration of Marcia Hofmann and its exhibits, the accompanying Notice of Motion for Preliminary Injunction, Motion for Preliminary Injunction, its supporting papers, and the Court's file herein. Defendant has Case 3:07-cv-05278-SI Document 9 Filed 10/29/2007 Page 2 of 4 -3- APPLICATION FOR ORDER SHORTENING TIME FOR HEARING ON PLTFS MOTION FOR PRELIMINARY INJUNCTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 indicated that it will not consent to the assignment of this case to Magistrate Judge Chen. Therefore, we respectfully ask that the case be promptly reassigned, and that the Court schedule a hearing on the Motion for Preliminary Injunction on November 20, 2007, or as soon thereafter as is practicable. By /s/ _______________ David L. Sobel (pro hac vice pending) ELECTRONIC FRONTIER FOUNDATION 1875 Connecticut Ave. NW Suite 650 Washington, DC 20009 Telephone: (202) 797-9009 x104 Facsimile: (202) 707-9066 Kurt Opsahl, Esq. Marcia Hofmann, Esq. ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, CA 94110 Telephone: (415) 436-9333 Facsimile: (415) 436-9993 Attorneys for Plaintiff ELECTRONIC FRONTIER FOUNDATION Case 3:07-cv-05278-SI Document 9 Filed 10/29/2007 Page 3 of 4 CERTIFICATE OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE I hereby certify that on October 29, 2007, I electronically filed the foregoing APPLICATION FOR ORDER SHORTENING TIME FOR HEARING ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION HEARING with the Clerk of the Court using the CM/ECF system which will send e-mail notification of such filing, and I hereby certify that I will mail the foregoing document or paper on October 29, 2007, via express delivery service for guaranteed delivery on the next business day to the following non-CM/ECF participant: Andrew I. Warden Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., NW, Room 6120 Washington, DC 20530 By /s/ Marcia Hofmann (SBN 250087) ELECTRONIC FRONTIER FOUNDATION 454 Shotwell Street San Francisco, CA 94110 Telephone: (415) 436-9333 x116 Facsimile: (415) 436-9993 marcia@eff.org Case 3:07-cv-05278-SI Document 9 Filed 10/29/2007 Page 4 of 4