UNITED STATES us. I -7 Pl'! 3= 39 LEEANN HALL CLERK BF COURT FOREIGN INTELLIGENCE SURVEILLANCE COURT WASHINGTON, D.C. IN RE AMENDED MOTION FOR DECLARATORY JUDGIVEENT OF A FIRST AMENDMENT RIGHT TO PUBLISH AGGREGATE INFORMATION ABOUT FISA ORDERS IN RE MOTION TO DISCLOSE AGGREGATE DATA REGARDING ISA ORDERS IN RE MOTION FOR DECLARATORY JUDGMENT TO DISCLOSE AGGREGATE DATA REGARDING ISA ORDERS AND DIRECTIVES IN RE MOTION FOR DECLARATORY JUDGMENT TO DISCLOSE AGGREGATE DATA REGARDING ISA ORDERS AND DIRECTIVES IN RE MOTION FOR DECLARATORY JUDGMENT TO REPORT AGGREGATED DATA REGARDING FISA ORDERS Docket No. Docket No. Docket No. Docket No. Docket No Misc. 13-03 Misc. 13-04 Misc. 13-05 Misc. 13-06 . Misc. 13-07 JOINT MOTION FOR STAY OF PROCEEDINGS The parties hereby jointly move for a stay of proceedings in this matter including, in particular, a stay of the upcoming deadline of October 21, 2013 for Movants' reply to the Govemment's response to the Movants' motions for declaratory relief. In support thereof, the parties state as follows: September 30, 2013, the appropriations act that had been funding the U.S. Department of Justice ("Department") expired and annual appropriations to the Department lapsed. The Department does not know when fimding will be restored by Congress. 2. Absent an appropriation, Department of Justice attomeys and employees are prohibited from continuing to work, even on a voluntary basis, except in very limited circumstances, including "emergencies involving the safety of human life or the protection of property," 31 U.S.C. 1342. 3. On October 2, 2013, Movants approached counsel for the Govemment to seek a stay of the deadline for Movants' reply in order to discuss with counsel for the Govemment whether cleared counsel for Movants can be permitted to access classified information contained in the response and declaration filed by the Govemment. Absent an appropriation, Department of Justice attorneys cannot continue to work on this matter, including engaging in discussions with Movants' counsel regarding such issues. 4. In light of the lapse of appropriations, the parties request a stay of the deadline for Movants' reply at least until Congress has restored appropriations to the Department and these access--related issues have been resolved. The Government makes no representation regarding whether, after consulting with relevant agencies and the parties, the Govemment will ultimately agree to the disclosure of any additional information contained in the response and declaration filed by the Government. 5. If this motion for a stay is granted, undersigned counsel proposes to notify the Court within five days after Congress has appropriated funds for the Department. The parties propose that, at that point in time, deadlines can be re-set as appropriate under the circumstances, accounting for a time period at least equal to the duration of the lapse in appropriations and any additional time that may be provided by the Court in response to Movants' requests to access classified information. While the Govemment cannot predict the ultimate impact the lapse in appropriations will have, at this point the parties do not anticipate that any other present deadlines would need to be extended. Therefore, the parties hereby move for a stay of proceedings in this case including, in particular, the October 21, 2013, deadline outlined above, until Department of Justice attomeys are permitted to resume their usual civil litigation functions and consult with Movants regarding the issues they have raised regarding access to classified information in the Govemment's response and declaration. A proposed Order is attached. October 7, 2013 Albert Gidari ALBERT GIDAR1 TODD M. HINNEN Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101 Attorneys for Google Inc. James M. Garland JAMES M. GARLAND DAVID N. AGAN ALEXANDER A. BERENGAUT Covington Burling LLP 1201 Avenue, N.W. Washington, DC 20004-2401 Attorneys for Microsoft Corporation Marc J. Zwillinger MARC J. ZWILLINGER JACOB A. SOMMER ZwillGen PLLC 1705 St. N.W. Washington, DC 20036 Attorneys for Yahoo! Inc. Carl J. Nichols CARL J. NICHOLS Wilmer Cutler Pickering Hale and Dorr LLP 1875 Avenue, NW Washington, DC 20006 Attorney for Facebook, Inc. Respectfiilly submitted, JOHN P. CARLIN Acting Assistant Attorney General for National Security TASHINA GAUHAR Deputy Assistant Attorney General Nicholas J. Patterson JEFFREY M. SMITH NICHOLAS J. PATTERSON U.S. Department of Justice National Security Division 950 Ave., N.W. Washington, D.C. 20530 Attorneys for the United States of America Jerome C. Roth JEROME C. ROTH JONATHAN H. BLAVIN JUSTIN P. RAPHAEL: Munger, Tolles Olson LLP 560 Mission Street, 27th Floor San Francisco, CA 94105 Attorneys for LinkedIn Corporation UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT WASHINGTON, D.C. IN RE AMENDED MOTION FOR DECLARATORY JUDGMENT OF A FIRST AMENDMENT RIGHT TO PUBLISH AGGREGATE INF ORIVIATION ABOUT ISA ORDERS Docket No. Misc. 13-03 IN RE MOTION TO DISCLOSE AGGREGATE Docket No. Misc. 13-04 DATA REGARDING FISA ORDERS IN RE MOTION FOR DECLARATORY IUDGMENT 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. 13-06 IN RE MOTION FOR DECLARATORY IUDGMENT TO REPORT AGGREGATED DATA REGARDING FISA ORDERS Docket No. Misc. 13-07 ORDER GRANTING JOINT MOTION FOR STAY OF PROCEEDINGS On October 7, 2013, the parties in the above-captioned cases filed ajoint motion for a stay of proceedings. Accordingly, it is hereby ORDERED that the joint motion is GRANTED and the proceedings including, in particular, the October 21, 2013, deadline for the Movants' reply, are stayed until Department of Justice attomeys are permitted to resume their usual civil litigation fiinctions and consult with Movants regarding the issues they have raised regarding access to classified information in the Government's response and declaration. SO ORDERED, this day of October, 2013. REGGIE B. WALTON Judge, United States Foreign Intelligence Surveillance Court