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Electronic Privacy Information Center v. Department of Justice

Memorandum in opposition to re MOTION for Preliminary Injunction

45 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 17,916 times   72 Legal Analyses
    Holding that preliminary injunctions "may only be awarded upon a clear showing that the plaintiff is entitled to such relief"

  2. University of Texas v. Camenisch

    451 U.S. 390 (1981)   Cited 3,228 times   4 Legal Analyses
    Holding that "the question whether a preliminary injunction should have been issued . . . is moot . . . [where] the terms of the injunction . . . have been fully and irrevocably carried out."

  3. Sampson v. Murray

    415 U.S. 61 (1974)   Cited 2,093 times   1 Legal Analyses
    Holding that possibility of backpay obviates risk of irreparable harm

  4. Oglesby v. U.S. Dept. of Army

    920 F.2d 57 (D.C. Cir. 1990)   Cited 1,586 times
    Holding that FOIA administrative exhaustion requirement is jurisdictional

  5. Davis v. Pension Benefit Guaranty Corp.

    571 F.3d 1288 (D.C. Cir. 2009)   Cited 397 times
    Determining that the court need not decide whether the stricter standard applies because the plaintiffs lose under a sliding scale approach

  6. Wisconsin Gas Co. v. F.E.R.C

    758 F.2d 669 (D.C. Cir. 1985)   Cited 680 times
    Holding that to establish irreparable harm the movant must "substantiate the claim that irreparable injury is 'likely' to occur. . . . Bare allegations of what is likely to occur are of no value."

  7. Cityfed Fin. v. Office of Thrift Supervision

    58 F.3d 738 (D.C. Cir. 1995)   Cited 347 times
    Holding that a moving party's failure to make a showing of irreparable injury "alone is sufficient" to deny a motion for a preliminary injunction

  8. Cobell v. Norton

    391 F.3d 251 (D.C. Cir. 2004)   Cited 223 times
    Holding that a district court abuses its discretion when it fails to hold an evidentiary hearing where credibility determinations are required

  9. Miscavige v. I.R.S

    2 F.3d 366 (11th Cir. 1993)   Cited 223 times
    Holding "in certain cases, affidavits can be sufficient for summary judgment purposes . . . if they provide as accurate a basis for decision" as other methods

  10. In re Navy Chaplaincy

    534 F.3d 756 (D.C. Cir. 2008)   Cited 139 times
    Holding that Protestant Navy chaplains lacked standing to challenge an allegedly pro-Catholic policy because the chaplains were exposed to only an incidental "message" of religious preference, as opposed to concrete economic harm or overt religious speech

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 363,942 times   963 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 74,308 times   131 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  13. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 23,833 times   91 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

  14. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,484 times   562 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

  15. Section 1843 - Authorization during emergencies

    50 U.S.C. § 1843   Cited 2 times

    (a) Requirements for authorization Notwithstanding any other provision of this subchapter, when the Attorney General makes a determination described in subsection (b), the Attorney General may authorize the installation and use of a pen register or trap and trace device on an emergency basis to gather foreign intelligence information not concerning a United States person or information to protect against international terrorism or clandestine intelligence activities, provided that such investigation

  16. Section 1846 - Congressional oversight

    50 U.S.C. § 1846   Cited 2 times

    (a) On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, concerning all uses of pen registers and trap and trace devices pursuant to this subchapter. (b) On a semiannual basis, the Attorney General shall also provide to the committees referred

  17. Section 16.5 - Timing of responses to requests

    28 C.F.R. § 16.5   Cited 46 times
    Regarding timing of responses to requests and permitting multitrack processing

  18. Section 16.4 - Responsibility for responding to requests

    28 C.F.R. § 16.4   Cited 41 times
    Authorizing a DOJ component to, inter alia, “refer” a record to “the component best able to determine whether to disclose it.... Ordinarily, the component ... that originated a record will be presumed to be best able to determine whether to disclose it.”

  19. Section 16.1 - General provisions

    28 C.F.R. § 16.1   Cited 38 times
    Defining "requester" as any person who makes request to component of DOJ

  20. Section 16.7 - Confidential commercial information

    28 C.F.R. § 16.7   Cited 7 times

    (a)Definitions. (1)Confidential commercial information means commercial or financial information obtained by the Department from a submitter that may be protected from disclosure under Exemption 4 of the FOIA, 5 U.S.C. 552(b)(4) . (2)Submitter means any person or entity, including a corporation, State, or foreign government, but not including another Federal Government entity, that provides information, either directly or indirectly to the Federal Government. (b)Designation of confidential commercial