Misc. 13-03 Providers' Consent Motion for Stay (FISC 2013)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on June 18, 2013.
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U.S. FOREIGN. INTELLIGENCE SURVE ILLANCE COURT United States Foreign Intelligence Surveillance Court Washington, D.C. 2013 AUG 30 PH ~: 44 LEEANN FLYNN HALL CLERK OF COURT In re Motion for Declaratory Judgment of a First Amendment Right to Publish Aggregate ) Information About FISA Orders ) ) ) Docket No. Misc. 13-03 In re Motion to Disclose Aggregate Numbers Regarding FISA Orders Docket No. Misc. 13-04 PROVIDERS' CONSENT MOTION FOR STAY Microsoft Corporation (Microsoft) and Google Inc. (Google) (together, "the Providers") have informed the Government of their intent to file amended motions for declaratory relief in the above-captioned matters. Because the Government's response to the Providers' initial motions is due today, the Providers respectfully request, pursuant to Rule 6(d) of the U.S. Foreign Intelligence Surveillance Court Rules of Procedure and Rule 6(b) of the Federal Rules of Civil Procedure, a 10<lay stay of the proceedings so as to permit the Providers to file their amended motions, and to avoid the Government having to respond more than once to the Providers' requests for declaratory relief. The Providers respectfully submit that such a stay will promote judicial efficiency. The Providers further respectfully request that the Court vacate its scheduling orders of August 19, 2013 (thereby relieving the United States of its obligation to respond today to the Providers' original motions). The parties will file a proposed briefing schedule in conjunction with the filing of the Providers' amended motions for declaratory relief. Counsel for the Providers have conferred with counsel for the Government and the Government consents to the Providers' filing of amended motions and further consents to the proposed stay requested herein. Respectfully submitted, August 30, 2013 41lo- f t, ,"4w,..' Albert Gidari Perkins Coie LLP 1201 Third Avenue Suite 4900 Seattle, W1\ 98101 Tel.: (206) 359-8688 Fax: (206) 359-9688 agidari@perkinscoie.com es M. Garland, D.C. Bar# 475509 David N. Fagan, D.C. Bar# 474518 Alexander A. Berengaut, D .C. Bar# 989222 COVINGTON & BURLING LLP 1201 Pennsylvania Avenue, NW Washington, DC 20004-2401 Tel.: (202) 662-6000 Fax: (202) 662-6291 jgarland@cov.com Attorneys for Google Inc. Attorneys for Microso ft Corporation 2 CERTIFICATE OF SERVICE I hereby certify that at or before the time of filing this submission, the Government (care of the Security and Emergency Planning Staff, United States Department of Justice) has been served by electronic mail with a copy of this motion pursuant to Ruic 8(a) of the FISC Rules of Procedure. Dated: August 30, 2013 M. Garland, D .C. Bar# 475509 VINGTON & BURLING LLP 1201 Pennsylvania Avenue, NW Washington, DC 20004-2401 Tel.: (202) 662-6000 rax: (202) 662-6291 Attorneys for Microsoft Corporation 3
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