Misc. 13-03 Consent Motion for Fifth Extension of Time (FISC 2013)

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This opinion or order relates to an opinion or order originally issued on June 18, 2013.

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IN RE MOTION FOR DECLARATORY JUDGMENT OF A FIRST AMENDMENT RIGHT TO PUBLISH AGGREGATE INFORMATION ABOUT FISA ORDERS ) ) ) ) Docket No. Misc. 13-03 CONSENT MOTION FOR FIFTH EXTENSION OF TIME TO RESPOND TO GOOGLE INC.'S MOTION Pursuant to U.S. Foreign Intelligence Surveillance Court Rule of Procedure 6(d) and Federal Rule of Civil Procedure 6(b), the United States respectfully requests that the deadline for responding to Google Inc.'s Motion in this matter be extended by seven days from August 13, 2013, up to and including August 20, 2013. This is the fifth request for an extension of this deadline. This matter concerns Google Inc.'s request to publish aggregate information about Foreign Intelligence Surveillance Act orders. The United States respectfully requests that the Court grant this additional extension in order to provide time for further negotiations with Google Inc. regarding the substantial issues raised by Google Inc. in its motion. Counsel for the United States conferred with counsel for Google Inc .. who indicated that Google Inc. consents to the relief sought in this motion. August 12, 2013 Respectfully submitted, JOHN P. CARLIN Acting Assistant Attorney General for National Security TASHINA GAUHAR Deputy Assistant Attorney General JEFFREY M. SMITH NICHOLAS J. PATTERSON U.S. Department of Justice National Security Division 950 Pennsylvania Ave., N.W. Washington, D.C. 20530 Phone: (202) 514-5600 Fax: (202) 514-8053 Attorneys for the United States ofAmerica CERTIFICATE OF SERVICE I hereby certify that a true copy of the Consent Motion for Fifth Extension of Time to Respond to Google Inc. 's Motion was served via Federal Express and email on this 12th day of August, 2013, addressed to: Albert Gidari Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101 ~ifJJ&m Nicholas J. Patterson UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT WASHINGTON, D.C. IN RE MOTION FOR DECLARATORY JUDGMENT OF A FIRST AMENDMENT RIGHT TO PUBLISH AGGREGATE INFORMATION ABOUT FISA ORDERS ) ) ) ) Docket No. Misc. 13-03 [PROPOSED] ORDER GRANTING CONSENT MOTION FOR FIFTH EXTENSION OF TIME TO RESPOND TO GOOGLE INC.'S MOTION Having read and considered the United States' Consent Motion for Fifth Extension of Time to Respond to Google Inc.'s Motion, the Motion for Fifth Extension of Time is hereby GRANTED. The United States' time to respond to Google Inc.'s Motion is extended up to and including August 20, 2013. SO ORDERED, this _ _ day of August, 2013. REGGIE B. WAL TON Judge, United States Foreign Intelligence Surveillance Court

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