Misc. 13-04 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 19, 2013.

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U.S. FORE\%\ ,~nt.L\-\~h' cc.un1 $UR\IEVJ.f'-'"·'" - 1un ~UG \ 2 ? UNITED STATES t1 4· 55 . "\\~\..\.. FOREIGN INTELLIGENCE SURVEILLANCE COIJ\l_E.~"" fo\..~~oUR1 WASHINGTON, D.C. IN RE MOTION TO DISCLOSE AGGREGATE DATA REGARDING FISA ORDERS ) ) cLt.R\\ Docket No. Misc. 13-04 CONSENT MOTION FOR FIFTH EXTENSION OF TIME TO RESPOND TO MICROSOFT CORPORATION'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 Microsoft Corporation'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 Microsoft Corporation's request to disclose 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 Microsoft Corporation regarding the substantial issues raised by Microsoft Corporation in its motion. Counsel for the United States conferred with counsel for Microsoft Corporation, who indicated that Microsoft Corporation 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 Microsoft Corporation's Motion was served via Federal Express and email on this 12th day of August, 2013, addressed to: James M. Garland David N. Fagan Alexander A. Berengaut Covington & Burling LLP 1201 Pennsylvania Avenue, NW Washington, DC 20004-2401 ~~p~ Nicholas J. Patterson UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT WASHINGTON, D.C. IN RE MOTION TO DISCLOSE AGGREGATE DATA REGARDING FISA ORDERS ) ) Docket No. Misc. 13-04 [PROPOSED] ORDER GRANTING CONSENT MOTION FOR FIFTH EXTENSION OF TIME TO RESPOND TO MICROSOFT CORPORATION'S MOTION Having read and considered the United States' Motion for Fifth Extension of Time to Respond to Microsoft Corporation's Motion, the Motion for Fifth Extension of Time is hereby GRANTED. The United States' time to respond to Microsoft Corporation's Motion is extended up to and including August 20, 2013. SO ORDERED, this __ day of August, 2013. REGGIE B. WALTON Judge, United States Foreign Intelligence Surveillance Court

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