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Case 1:04-cv-04151-AKH Document 2

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

AMERICAN CIVIL LIBERTIES UNION, CENTER FOR CONSTITUTIONAL RIGHTS, PHYSICIANS FOR HUMAN RIGHTS, VETERANS FOR COMMON SENSE AND VETERANS FOR PEACE, Plaintiffs, v. DEPARTMENT OF DEFENSE, AND ITS COMPONENTS DEPARTMENT OF ARMY, DEPARTMENT OF NAVY, DEPARTMENT OF AIR FORCE, DEFENSE INTELLIGENCE AGENCY; DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF JUSTICE, AND ITS COMPONENTS CIVIL RIGHTS DIVISION, CRIMINAL DIVISION, OFFICE OF INFORMATION AND PRIVACY, OFFICE OF INTELLIGENCE, POLICY AND REVIEW, FEDERAL BUREAU OF INVESTIGATION; DEPARTMENT OF STATE; AND CENTRAL INTELLIGENCE AGENCY, Defendants.

CIVIL ACTION DOCKET NO. 04-CV-4151 (AKH)

NOTICE OF MOTION

TO:

David N. Kelly United States Attorney Southern District of New York (Attn: Civil Process Clerk) 86 Chambers Street New York, New York 10007 By: Sean Lane, AUSA Pete Skinner, AUSA PLEASE TAKE NOTICE that on the ____ day of July, 2004, at

_____

a.m.

or

as

soon

thereafter

as

counsel

may

be

heard,

Gibbons, Del Deo, Dolan, Griffinger & Vecchione, a Professional Corporation, attorneys for Plaintiffs, shall move, before the Honorable Alvin K. Hellerstein, U.S.D.J., United States

Case 1:04-cv-04151-AKH Document 2

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Courthouse, Room 14D, 500 Pearl Street, New York, New York, 10007, for the entry of an Order in the form submitted herewith, granting to Plaintiffs a preliminary injunction and other relief in the above-captioned action. PLEASE TAKE FURTHER NOTICE that in support of this motion, Plaintiffs shall rely upon the this Notice of Motion, Memorandum of Law in Support of Plaintiffs Application for Preliminary Injunctive Relief, the Affidavits of Amrit Singh and Lawrence S. Lustberg and supporting Exhibits, and the Certification of Mr. Lustberg submitted herewith. PLEASE TAKE FURTHER NOTICE that counsel for Plaintiffs

hereby requests oral argument.

GIBBONS, DEL DEO, DOLAN, GRIFFINGER & VECCHIONE A Professional Corporation One Riverfront Plaza Newark, New Jersey 07102-5497 (973) 596-4500 Attorneys for Plaintiffs

By: _______/LSL/ ___ Lawrence S. Lustberg (LL-1644) DATED: July 6, 2004

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CERTIFICATION OF SERVICE I, Jennifer Ching, hereby certify that on this date, an original Memorandum and of (2) Law copies in of the of within Notice of Motion, for

Support

Plaintiffs

Application

Preliminary Injunctive Relief, Affidavit of Lawrence S. Lustberg and supporting Exhibits, and Certification of Service were handdelivered for filing to J. Michael McMahon, Clerk, United States District Court, Southern District of New York, 500 Pearl Street, New York, New York 10007. Two (2) copies were also hand-

delivered to Honorable Alvin K. Hellerstein, U.S.D.J., United States Courthouse, Room 14D, 500 Pearl Street, New York, New York, 10007. Two (2) copies were sent via overnight delivery

(and, by prior arrangement via telephone, electronic mail), to: David N. Kelly United States Attorney Southern District of New York (Attn: Civil Process Clerk) 86 Chambers Street New York, New York 10007 By: Sean Lane, AUSA Pete Skinner, AUSA

GIBBONS, DEL DEO, DOLAN, GRIFFINGER & VECCHIONE A Professional Corporation One Riverfront Plaza Newark, New Jersey 07102-5497 (973) 596-4500

By: ____/JC/__________________ JENNIFER CHING DATED: July 6, 2004

Case 1:04-cv-04151-AKH Document 2

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

AMERICAN CIVIL LIBERTIES UNION, CENTER FOR CONSTITUTIONAL RIGHTS, PHYSICIANS FOR HUMAN RIGHTS, VETERANS FOR COMMON SENSE AND VETERANS FOR PEACE, Plaintiffs, v. DEPARTMENT OF DEFENSE, AND ITS COMPONENTS DEPARTMENT OF ARMY, DEPARTMENT OF NAVY, DEPARTMENT OF AIR FORCE, DEFENSE INTELLIGENCE AGENCY; DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF JUSTICE, AND ITS COMPONENTS CIVIL RIGHTS DIVISION, CRIMINAL DIVISION, OFFICE OF INFORMATION AND PRIVACY, OFFICE OF INTELLIGENCE, POLICY AND REVIEW, FEDERAL BUREAU OF INVESTIGATION; DEPARTMENT OF STATE; AND CENTRAL INTELLIGENCE AGENCY, Defendants.

CIVIL ACTION DOCKET NO. 04-CV-4151 (AKH)

ORDER

THIS MATTER having been brought before the Court upon the application of Gibbons, Del Deo, Dolan, Griffinger and

Vecchione, P.C., counsel for Plaintiffs for an order compelling Defendants to process Plaintiffs Freedom of Information Request on an expedited basis; and notice having been given to all parties; and the Court having considered the parties

submissions; and for good cause shown; IT IS, on this ________ day of ___________, 2004,

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ORDERED

that

Plaintiffs

Motion

for

Preliminary

Injunction is hereby GRANTED; IT IS FURTHER ORDERED that Defendants shall process

Plaintiffs FOIA Request on an expedited basis; IT IS FURTHER ORDERED that the parties shall comply with a schedule for releasing records to be determined by the Court, and that Defendants shall make disclosures in accordance with such schedule; IT IS FURTHER ORDERED that a copy of this Order shall be served upon all counsel within ____ days of its receipt.

__________________________________ Hon. Alvin K. Hellerstein, U.S.D.J.