Misc. 13-03 Order (FISC 2013)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on June 18, 2013.
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UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT WASHINGTON, D.C. IN RE AMENDED MOTION FOR DECLARATORY JUDGMENT OF A FIRST AMENDMENT RIGHT TO PUBLISH AGGREGATE INFORMATION ABOUT FISA ORDERS ) ) ) ) ) ) IN RE MOTION TO DISCLOSE AGGREGATE DATA REGARDING FISA ORDERS ) ) ) Docket No. Misc. 13-04 IN RE MOTION FOR DECLARATORY JUDGMENT TO DISCLOSE AGGREGATE DATA REGARDING FISA ORDERS AND DIRECTIVES ) ) ) ) ) Docket No. Misc. 13-05 IN RE MOTION FOR DECLARATORY JUDGMENT TO DISCLOSE AGGREGATE DATA REGARDING FISA ORDERS AND DIRECTIVES ) ) ) ) ) Docket No. Misc. 13-03 Docket No. Misc. 13-06 ORDER On September 9, 2013, Google, Inc. and Microsoft Corporation filed amended motions for declaratory judgment regarding their right to publish aggregate information about Foreign Intelligence Surveillance Act (FISA) orders in Docket Nos. Misc 13-03 and 13-04, respectively. On the same date, those providers, along with the Government, filed a joint motion for a proposed briefing schedule. Additionally, on September 9, 2013, Yahoo! Inc., and Facebook, Inc. filed motions for declaratory judgment to disclose aggregate data regarding FISA orders and directives in Docket Nos. Misc. 13-05 and 13-06, respectively. In their motions, Yahoo! Inc. and Facebook, Inc. requested that the Court set a briefing schedule and indicated a willingness to coordinate such schedules with the schedule entered in Docket Nos. Misc 13-03 and 13-04. Given the overlap in issues presented in these cases, the Court has decided to consolidate the briefing schedules. Accordingly, it is hereby ORDERED that the Government's response to Microsoft Corporation's and Google Inc.' s amended motions for declaratory relief, and Yahoo! Inc.' s and Facebook, Inc.'s motions for declaratory relief, shall be submitted no later than 5:00 p.m. on September 30, 2013. The Government shall file a single response to the motions in all four of the above-captioned cases. Microsoft Corporation, Google, Inc., Yahoo! Inc., and Facebook, Inc. may file a reply brief no later than 5:00 p.m. on October 21, 2013, through the Security and Emergency Planning Staff, U.S. Department of Justice. Given the substantial similarity in the relief sought and legal arguments presented in these cases, Microsoft Corporation, Google, Inc., Yahoo! Inc., and Facebook, Inc. shall coordinate their efforts and jointly file a single reply brief. SO ORDERED, this tfl'day of September, 2013. Judge, United States Foreign Intelligence Surveillance Court 2
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