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19 August 2008:

Court Docket 8/19/08

Electronic Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Motion Hearing held on 8/19/2008 re MOTION to Modify Terms But Not Duration of Temporary Restraining Order filed by Massachusetts Bay Transportation Authority, MOTION for Preliminary Injunction filed by Massachusetts Bay Transportation Authority;

After hearing argument from all sides,

Court DENIES Motion for Preliminary Injunction and dissolves Temporary Restraining Order; finds as moot Motion for Modification.

(Court Reporter: Marcia Patrisso.)(Attorneys present: Plaintiff: I. Mahony, M. Bodoin, T. Darling. Individual Defendants: C. Cohn, M. Hoffman, A. Kessel, J. Reinstein, L. Kolodney, T. Brown. On the phone: Atty. Granick, Atty. Opsahl, Atty. McSherry, Defendant Z. Anderson, R. Ryan. MIT: J. Swope ) (Edge, Eugenia) (Entered: 08/19/2008)

18 August 2008. Items 34-49 added.

This docket and items 34-49 Zipped: http://cryptome.org/mbta-v-zack/mbta-v-zack2.zip (3.5MB)

14 August 2008. Items 27, 28, 29, 30, 31, 33 added.

Items 1-33 Zipped: http://cryptome.org/mbta-v-zack/mbta-v-zack.zip (8.4MB)

13 August 2008. Six documents added: Items 20, 21, 22, 23, 24, 25.

11 August 2008. Five documents added: Items 15, 16, 17, 18 and 19. All filings now have headings assigned by the court.

9 August 2008

The DEFCON presentation (via http://news.cnet.com/8300-1009_3-83.html?tag=bc):

http://www-tech.mit.edu/V128/N30/subway/Defcon_Presentation.pdf

Cryptome mirror: http://cryptome.org/mbta-v-zack/Defcon_Presentation.zip (Zipped PDF, 4.1MB)

The presentation to be made at DEFCON is included in Item 9, but not a good copy (grab Defcon_Presentation above).

Item 10 includes the confidential "Fare Collection Vulnerability Assessment Report: Analysis and Recommendations," August 8, 2008, Anderson, Ryan and Chiesa provided to MBTA. This provides greater detail of the fare card vulnerability than the DEFCON presentation.

United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:08-cv-11364-GAO

Date Filed	#	Docket Text
08/08/2008	1	COMPLAINT against Zack Anderson, RJ Ryan, Alessandro Chiesa, Massachusetts Institute of Technology, filed by Massachusetts Bay Transportation Authority. (Attachments: # 1 Civil Cover Sheet and Category Sheet)(Edge, Eugenia) (Entered: 08/08/2008)
08/08/2008	2	MOTION for Temporary Restraining Order by Massachusetts Bay Transportation Authority.(Edge, Eugenia) (Entered: 08/08/2008)
08/08/2008	3	MEMORANDUM in Support re 2 MOTION for Temporary Restraining Order filed by Massachusetts Bay Transportation Authority. (Edge, Eugenia) (Entered: 08/08/2008)
08/08/2008	4	DECLARATION of Richard Sullivan by Massachusetts Bay Transportation Authority. (Edge, Eugenia) (Entered: 08/08/2008)
08/08/2008	5	DECLARATION of Gary Foster by Massachusetts Bay Transportation Authority. (Edge, Eugenia) (Entered: 08/08/2008)
08/08/2008	6	DECLARATION of Joseph Kelley by Massachusetts Bay Transportation Authority. (Edge, Eugenia) (Entered: 08/08/2008)
08/08/2008	7	DECLARATION of Ieuan G. Mahony by Massachusetts Bay Transportation Authority. (Edge, Eugenia) (Entered: 08/08/2008)
08/08/2008	8	CORPORATE DISCLOSURE STATEMENT by Massachusetts Bay Transportation Authority. (Edge, Eugenia) (Entered: 08/08/2008)
08/08/2008		ELECTRONIC NOTICE of Case Assignment. Judge George A. OToole, Jr assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Collings (Edge, Eugenia) (Entered: 08/08/2008)
08/08/2008		Electronic Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Motion Hearing held on 8/8/2008 in courtroom 20 re 2 MOTION for Temporary Restraining Order filed by Massachusetts Bay Transportation Authority: Pltff informs the Court that the parties are aware of today's proceedings; Court hears initial argument; a Further Hearing as to 2 MOTION for Temporary Restraining Order is set for 8/9/2008 11:00 AM in Courtroom 20 before Judge Douglas P. Woodlock. The pltff is to inform the deft's of said hearing and advise them to have counsel present; pltff is further Ordered to file a supplemental affidavit by 8/9/08. (Digital Recording)(Interpreter: Mahoney and Darling for the pltff)(Attorneys present: Mahoney and Darling for the pltff) (Lovett, Jarrett) (Entered: 08/08/2008)
08/08/2008	15	UNABLE TO SCAN EXHIBIT 1 thru 8 in support re 2 MOTION for Temporary Restraining Order by Massachusetts Bay Transportation Authority. (Edge, Eugenia) (Entered: 08/11/2008)
08/09/2008	9	SUPPLEMENTAL DECLARATION OF IEUAN G. MAHONY re 2 MOTION for Temporary Restraining Order by Massachusetts Bay Transportation Authority. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Lovett, Jarrett) (Entered: 08/09/2008) [This includes a copy of the presentation to be made at DEFCON.]
08/09/2008	10	DECLARATION OF SCOTT HENDERSON re 2 MOTION for Temporary Restraining Order by Massachusetts Bay Transportation Authority. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Lovett, Jarrett) (Entered: 08/09/2008)
08/09/2008	11	CERTIFICATE OF SERVICE by Massachusetts Bay Transportation Authority re 9 Supplemental Declaration of Ieuan G. Mahony, 10 Declaration of Scott Henderson. (Lovett, Jarrett) (Entered: 08/09/2008)
08/09/2008	12	Judge Douglas P. Woodlock: ORDER entered granting 2 Motion for TRO see order for specifics. (Woodlock, Douglas) (Additional attachment(s) added on 8/9/2008: # 1 Main Document) (Lovett, Jarrett). (Entered: 08/09/2008)
08/09/2008		Electronic Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Motion Hearing held in courtroom 24 on 8/9/2008 re 2 MOTION for Temporary Restraining Order filed by Massachusetts Bay Transportation Authority: the individual deft's Zack Anderson, RJ Ryan, and Alessandro Chiesa participate by telephone; atty Swope files an appearance on behalf of MIT; Declaration of Eric Johanson filed in open court; oral arguments heard by the Court; Court GRANTS 2 MOTION for Temporary Restraining Order by Massachusetts Bay Transportation for reasons as stated on the record; an Order shall issue. (Digital Recording; 11:45-1:35)(Attorneys present: Mahony & Darling for the pltff; Swope for MIT; Ganick, Hoffman & Opsahl for the individual deft's (participate via telephone) (Lovett, Jarrett) (Entered: 08/09/2008)
08/09/2008	13	NOTICE of Appearance by Jeffrey Swope on behalf of Massachusetts Institute of Technology (Lovett, Jarrett) (Entered: 08/09/2008)
08/09/2008	14	DECLARATION OF ERIC JOHANSON re 2 MOTION for Temporary Restraining Order by Massachusetts Bay Transportation Authority filed by Massachusetts Institute of Technology. (Lovett, Jarrett) (Entered: 08/09/2008)
08/11/2008		Filing fee/payment: $ 350.00, receipt number BST005243 for 1 Complaint (Russo, Patricia) (Entered: 08/11/2008)
08/11/2008	16	MOTION to Modify Terms But Not Duration of Temporary Restraining Order by Massachusetts Bay Transportation Authority.(Mahony, Ieuan-Gael) (Entered: 08/11/2008)
08/11/2008	17	DECLARATION re 16 MOTION to Modify Terms But Not Duration of Temporary Restraining Order Declaration of Ieuan G. Mahony in Support by Massachusetts Bay Transportation Authority. (Mahony, Ieuan-Gael) (Entered: 08/11/2008)
08/11/2008	18	EXHIBIT re 16 MOTION to Modify Terms But Not Duration of Temporary Restraining Order by Massachusetts Bay Transportation Authority. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Mahony, Ieuan-Gael) (Entered: 08/11/2008)
08/11/2008	19	CERTIFICATE OF SERVICE by Massachusetts Bay Transportation Authority re 16 MOTION to Modify Terms But Not Duration of Temporary Restraining Order, 17 Declaration, 18 Exhibit,. (Mahony, Ieuan-Gael) (Entered: 08/11/2008)
08/12/2008	20	EXHIBIT One re 2 MOTION for Temporary Restraining Order by Massachusetts Bay Transportation Authority. (Attachments: # 1 Exhibit Two, # 2 Exhibit Three, # 3 Exhibit Four, # 4 Exhibit Five, # 5 Exhibit Six, # 6 Exhibit Seven, # 7 Exhibit Eight)(Edge, Eugenia) (Entered: 08/12/2008)
08/12/2008		Remark regarding docket entry #15: Received CD containing scanned exhibits 1 thru 8. See docket entry # 20. (Edge, Eugenia) (Entered: 08/12/2008)
08/12/2008	21	Assented to MOTION to Correct Docket Entry by Massachusetts Institute of Technology.(Swope, Jeffrey) (Entered: 08/12/2008)
08/12/2008		ELECTRONIC NOTICE of Hearing on Motion 16 MOTION to Modify Terms But Not Duration of Temporary Restraining Order : Motion Hearing set for 8/14/2008 11:00 AM in Courtroom 9 before Judge George A. OToole Jr.. (Edge, Eugenia) (Entered: 08/12/2008)
08/12/2008	22	NOTICE of Appearance by Emily A. Berger on behalf of Zack Anderson, RJ Ryan, Alessandro Chiesa (Berger, Emily) (Entered: 08/12/2008)
08/12/2008	23	RESPONSE to Motion re 16 MOTION to Modify Terms But Not Duration of Temporary Restraining Order and Cross Motion for Reconsideration filed by Zack Anderson, RJ Ryan, Alessandro Chiesa. (Berger, Emily) (Entered: 08/12/2008)
08/12/2008	24	AFFIDAVIT in Support re 23 Response to Motion "to Modify Terms but not Duration of Temporary Restraining Order" and Cross Motion for Reconsideration. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Berger, Emily) (Entered: 08/12/2008)
08/12/2008	25	AFFIDAVIT in Support re 23 Response to Motion "to Modify Terms but not Duration of Temporary Restraining Order" and Cross Motion for Reconsideration. (Berger, Emily) (Entered: 08/12/2008)
08/12/2008	26	Cross MOTION for Reconsideration re 12 Order on Motion for TRO by Zack Anderson, RJ Ryan, Alessandro Chiesa. * Cross Motion included in 23 Response. c/s (Edge, Eugenia) (Entered: 08/12/2008)
08/13/2008		Remark: Defendants 26 Cross Motion for reconsideration will be heard at Motion hearing scheduled for Thursday 8/14/08 @ 11:00am. (Edge, Eugenia) (Entered: 08/13/2008)
08/13/2008		Judge George A. OToole, Jr: Electronic ORDER entered granting 21 Motion to Correct docket entry. (Edge, Eugenia) (Entered: 08/13/2008)
08/13/2008	27	MOTION for Leave to Appear Pro Hac Vice for admission of Jennifer Stisa Granick by Zack Anderson, RJ Ryan, Alessandro Chiesa. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Berger, Emily) (Entered: 08/13/2008)
08/13/2008	28	MOTION for Hearing Plaintiff's Request For Rule 16 Scheduling Conference and Interim Discovery Order by Massachusetts Bay Transportation Authority. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Mahony, Ieuan-Gael) (Entered: 08/13/2008)
08/13/2008	29	NOTICE of Appearance by Thomas F.S. Darling, III on behalf of Massachusetts Bay Transportation Authority. (Edge, Eugenia) (Entered: 08/14/2008)
08/14/2008	30	Opposition re 26 MOTION for Reconsideration re 12 Order on Motion for TRO filed by Massachusetts Bay Transportation Authority. (Mahony, Ieuan-Gael) (Entered: 08/14/2008)
08/14/2008	31	DECLARATION re 30 Opposition to Motion Second Supplemental Declaration of Ieuan G. Mahony by Massachusetts Bay Transportation Authority. (Attachments: # 1 Exhibit 1)(Mahony, Ieuan-Gael) (Entered: 08/14/2008)
08/14/2008	32	Sealed Document. (Edge, Eugenia) (Entered: 08/14/2008)
08/14/2008	33	MOTION for Protective Order by Massachusetts Bay Transportation Authority. (Attachments: # 1 Exhibit 1)(Mahony, Ieuan-Gael) (Entered: 08/14/2008)
08/14/2008		Judge George A. OToole, Jr: Electronic ORDER entered granting 27 Motion for Leave to Appear Pro Hac Vice; Added Jennifer Stisa Granick for Zack Anderson, RJ Ryan and Alessandro Chiesa. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Forms and then scroll down to CM/ECF Forms. (Edge, Eugenia) (Entered: 08/14/2008)
08/14/2008		Letter sent to Attorney Thomas F.S. Darling advising of inactive status in the Bar of this Court. Completed reregistration and ECF suapplication submitted in court. (Edge, Eugenia) (Entered: 08/14/2008)
08/14/2008		Electronic Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Motion Hearing held on 8/14/2008 re 16 MOTION to Modify Terms But Not Duration of Temporary Restraining Order filed by Massachusetts Bay Transportation Authority, 26 MOTION for Reconsideration re 12 Order on Motion for TRO filed by Alessandro Chiesa, Zack Anderson, RJ Ryan ; Granting 28 Request for Interim Discovery Order as to document requests 1.1, 1.2, 2.1, 5.4, 5.5. Production or responses due by 8/15/08 4:00pm eastern time., Discovery (continuance of Motion Hearing) Hearing set for 8/19/2008 10:30 AM in Courtroom 9 before Judge George A. OToole Jr..) Parties may submit documents for Tuesdays hearing by end of business on 8/18/08. Atty. Granick request stay of discovery order to seek a writ from the 1st Circuit. Court DENIES request. (Court Reporter: Marcia Patrisso.)(Attorneys present: Attorneys present: Plaintiff: I. Mahony, M. Bodoin, T. Darling Defendant: J. Granick- for individual defendants, J. Swope-MIT) (Edge, Eugenia) . (Entered: 08/14/2008)
08/15/2008	34	NOTICE of Appearance by John Reinstein on behalf of Zack Anderson, RJ Ryan, Alessandro Chiesa (Reinstein, John) (Entered: 08/15/2008)
08/15/2008	35	Transcript of Motion Hearing held on August 14, 2008, before Judge O'Toole. Court Reporter: Marcia G. Patrisso at 617/737-8728. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 9/2/2008. Redacted Transcript Deadline set for 9/12/2008. Release of Transcript Restriction set for 11/10/2008. (Scalfani, Deborah) (Entered: 08/15/2008)
08/15/2008	36	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: 08/15/2008)
08/15/2008	37	DECLARATION Supplemental Declaration of Richard Sullivan by Massachusetts Bay Transportation Authority. (Mahony, Ieuan-Gael) (Entered: 08/15/2008)
08/15/2008	38	CERTIFICATE OF SERVICE by Massachusetts Bay Transportation Authority re 37 Declaration. (Mahony, Ieuan-Gael) (Entered: 08/15/2008)
08/15/2008	39	Emergency MOTION for Extension of Time to 5:00/PT 8:00 ET August 16, 2008 to Complete Discovery Response by Zack Anderson, RJ Ryan, Alessandro Chiesa. (Attachments: # 1 Declaration of Kurt Opsahl, # 2 Text of Proposed Order)(Reinstein, John) (Entered: 08/15/2008)
08/15/2008		Judge George A. OToole, Jr: Electronic ORDER entered granting 39 Motion for Extension of Time. The defendants are to respond to the discovery requests no later than 4:00PT/7:00ET on August 16, 2008. (Edge, Eugenia) (Entered: 08/15/2008)
08/17/2008	40	MOTION for Reconsideration and/or Modification of August 14, 2008 Discovery Order by Zack Anderson, RJ Ryan, Alessandro Chiesa. (Attachments: # 1 Declaration of Russell J. Ryan)(Reinstein, John) (Entered: 08/17/2008)
08/18/2008		Filing fee/payment: $ 50.00, receipt number BST005392 for Order on Motion for Leave to Appear, 27 MOTION for Leave to Appear Pro Hac Vice for admission of Jennifer Stisa Granick (Russo, Patricia) (Entered: 08/18/2008)
08/18/2008	41	NOTICE of Appearance by Adam J. Kessel on behalf of Zack Anderson, RJ Ryan, Alessandro Chiesa (Kessel, Adam) (Entered: 08/18/2008)
08/18/2008	42	MOTION for Leave to Appear Pro Hac Vice for admission of Cindy Cohn Filing fee $ 50, receipt number 01010000000002078677. by Zack Anderson, RJ Ryan, Alessandro Chiesa. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Reinstein, John) (Entered: 08/18/2008)
08/18/2008	43	MOTION for Leave to Appear Pro Hac Vice for admission of Marcia Hofmann Filing fee $ 50, receipt number 01010000000002078724. by Zack Anderson, RJ Ryan, Alessandro Chiesa. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Reinstein, John) (Entered: 08/18/2008)
08/18/2008	44	NOTICE of Appearance by Thomas A. Brown on behalf of Zack Anderson, RJ Ryan, Alessandro Chiesa (Brown, Thomas) (Entered: 08/18/2008)
08/18/2008	45	NOTICE of Appearance by Lawrence K. Kolodney on behalf of Zack Anderson, RJ Ryan, Alessandro Chiesa (Kolodney, Lawrence) (Entered: 08/18/2008)
08/18/2008		Judge George A. OToole, Jr: ORDER entered granting 42 Motion for Leave to Appear Pro Hac Vice; Added Cindy Cohn for Zack Anderson, RJ Ryan and Alessandro Chiesa. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Forms and then scroll down to CM/ECF Forms. (Edge, Eugenia) (Entered: 08/18/2008)
08/18/2008		Judge George A. OToole, Jr: Electronic ORDER entered granting 43 Motion for Leave to Appear Pro Hac Vice; Added Marcia Hoffman for Zack Anderson, RJ Ryan and Alessandro Chiesa. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Forms and then scroll down to CM/ECF Forms. (Edge, Eugenia) (Entered: 08/18/2008)
08/18/2008	46	MOTION for Extension of Time to 8/18/2008 8:00 PM to File Motion for Preliminary Injunction by Massachusetts Bay Transportation Authority.(Mahony, Ieuan-Gael) (Entered: 08/18/2008)
08/18/2008	47	REPLY to Response to 26 MOTION for Reconsideration re 12 Order on Motion for TRO filed by Zack Anderson, RJ Ryan, Alessandro Chiesa. (Kessel, Adam) (Entered: 08/18/2008)
08/18/2008	48	DECLARATION re 47 Reply to Response to Motion Declaration of Zack Anderson in Reply to Opposition to Motion for Reconsideration of Temporary Restraining Order by Zack Anderson, RJ Ryan, Alessandro Chiesa. (Attachments: # 1 Exhibit 1)(Kessel, Adam) (Entered: 08/18/2008)
08/18/2008	49	AFFIDAVIT in Support re 26 MOTION for Reconsideration re 12 Order on Motion for TRO -- Declaration of Corynne McSherry filed by Zack Anderson, RJ Ryan, Massachusetts Institute of Technology. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Brown, Thomas) (Entered: 08/18/2008)