Plaintiffs allege that they themselves have been targets of this surveillance, based on the fact that they "have worked visibly, in the public eye, to raise awareness of and demand investigation into" defendants' illegal surveillance. MONTGOMERY et al v. COMEY et al Federal Civil Lawsuit District Of Columbia District Court, Case No. The Privacy Act of 1974, 5 U.S.C. Non-profit, educational or personal use tips the balance in favor of fair use. 29.
2003) (concluding that FD-302 reports contained in the FBI's Central Records System "are wholly exempt under [Privacy Act] exemption (j)(2)").
Therefore, a claim under the FTCA against the BOP's Director in his individual capacity must be dismissed for lack of subject matter jurisdiction."
[18-5097] (Klayman, Larry) [Entered: 12/04/2018 06:43 PM], APPELLANT FINAL REPLY BRIEF [1763034] filed by Larry Elliott Klayman [Service Date: 12/04/2018 ] Length of Brief: 2230 Words. That accordingly leaves only the "exceptional condition" element of Rule 53.
The following revised briefi9ng schedule shall now apply: APPELLEE Brief due on 10/31/2018, APPELLANT Reply Brief due 11/14/2018, DEFERRED APPENDIX due 11/21/2018, FINAL BRIEFS due 12/05/2018.
(Klayman, Larry) (Entered: 08/17/2017), MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Partial Summary Judgment as to Count Six of Plaintiffs' Complaint, 26 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction and Motion to Dismiss for Failure to State a Claim by LARRY KLAYMAN, DENNIS MONTGOMERY (Klayman, Larry) (Entered: 08/15/2017), RESPONSE re 29 MOTION for Extension of Time to respond to plaintiffs' complaint filed by LARRY KLAYMAN, DENNIS MONTGOMERY.
Thus, like their claim for conversion, plaintiffs' claim for fraudulent misrepresentation must be dismissed for lack of subject matter jurisdiction.
Mem. Id. 1990) (instructing that a court must dismiss a case as moot if "events have so transpired that the decision will neither presently affect the parties' rights nor have a more-than-speculative chance of affecting them in the future" (internal quotation marks omitted)). Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. According to Montgomery, "battery drainage is a tell-tale sign that Defendants have successfully hacked into a cellular phone," so Klayman was forced to purchase a new cell phone to avoid being monitored by defendants. I also set a briefing schedule for defendants to submit any motions to dismiss, and I informed the parties that I would rule on the motion for a preliminary injunction and any motions to dismiss simultaneously. Compl. Unfortunately for plaintiffs, I find that they lack standing to pursue this First Amendment claim.
1955, 167 L.Ed.2d 929 (2007) (internal citations omitted). On June 5, whistleblower and former CIA/NSA contractor Dennis Montgomery filed a federal lawsuit [Dennis Montgomery, et. Dismiss & for Partial Summ. (Attachments: # 1 Exhibit)(Klayman, Larry) (Entered: 08/09/2017), MOTION for Extension of Time to respond to plaintiffs' complaint by JAMES R. CLAPPER, DAN COATS, JAMES B. COMEY, MIKE POMPEO, MICHAEL S. ROGERS (Attachments: # 1 Text of Proposed Order)(Whitman, James) (Entered: 08/09/2017), Memorandum in opposition to re 7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by CENTRAL INTELLIGENCE AGENCY, DAN COATS, FEDERAL BUREAU OF INVESTIGATION, NATIONAL SECURITY AGENCY, MIKE POMPEO, MICHAEL S. ROGERS. CourtListener is sponsored by the non-profit Free Law Project. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. Because the relief plaintiffs seek is "an extraordinary remedy," a preliminary injunction "should be granted only [if they carry] the burden of persuasion." The Supreme Court has made clear that "[f]ederal constitutional claims for damages are cognizable only under Bivens[, 403 U.S. at 388, 91 S.Ct. "); Mem. Pls.' Plaintiffs also claim that public interest considerations counsel in favor of issuing an injunction here because "`[i]t is always in the public interest to prevent the violation of a party's constitutional rights.'" Compl. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. And plaintiffs do not dispute that all 302 reports — including the one requested here — are maintained within the FBI's Central Records System, see Pls.'
2012), I presume that defendants have acted in accordance with the limitations imposed by the USA FREEDOM Act.4 Thus, because the bulk telephony metadata collection program is no longer in existence — and plaintiffs have offered no evidence to suggest that defendants have resurrected it in violation of FISC order and statutory command — plaintiffs' challenges to that program do not present a live Article III case or controversy.
Mem.").
According to Klayman, he has been "publicly trying to raise awareness of, and demand an investigation into, Defendants' ongoing illegal and unconstitutional surveillance of millions of Americans, as well as to prosecute wrongdoers.'"
at ¶¶ 60-61.
Dismiss [Dkt.
var sc_project=10005228;
Senator orchestrated a program of hacking into plaintiff's personal computer and monitoring his phone calls); Delaine v. United States Postal Serv., 2006 WL 2687019, *2 (D.D.C.
Redaction Request due 7/18/2017.
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