This section contains the nature of the case and procedural background.

This case arises from claims that the federal government, with the assistance of major telecommunications companies, conducted widespread warrantless dragnet communications surveillance of United States citizens following the attacks of September 11, 2001. Ps filed these putative class actions on behalf of themselves and a class of similarly situated persons described as 'millions of ordinary Americans . . . who use[] the phone system or the Internet' and 'a class comprised of all present and future United States persons who have been or will be subject to electronic surveillance by Ds without a search warrant or court order since September 12, 2001.' Ds moved to dismiss and alternatively sought summary judgment as to all claims. The district court dismissed the claims without leave to amend based on its finding that Ps failed to make out the prima facie allegations necessary to establish standing. The Ninth Circuit Court of Appeals reversed the district court's dismissal of the Jewel Complaint on standing grounds. The Ninth Circuit Court of Appeals remanded 'with instructions to consider, among other claims and defenses, whether the government's assertion that the state secrets privilege bars this litigation.' Upon remand, Ps filed their motion for partial summary adjudication urging the Court to reject Ds' state secret defense. Ds cross-moved to dismiss on the basis of sovereign immunity for the statutory claims and for summary judgment on the assertion of the state secrets privilege.

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