It seems that the ACLU case with Studs Terkel as a lead plaintiff has been dismissed for some combination of lack of standing and national security grounds:
JURIST – Paper Chase: Illinois lawsuit over NSA phone records turnover dismissed: A federal judge in Chicago on Tuesday dismissed [ACLU press release] a lawsuit filed by the ACLU of Illinois [advocacy website] on behalf of state residents against AT&T [corporate website] for allegedly turning over phone records to the National Security Agency (NSA) [official website] as part of its domestic surveillance program [JURIST news archive]. US District Judge Matthew Kennelly [official profile] noted that the plaintiffs, including author Studs Terkel [JURIST report], lacked standing to bring the complaint since they had no evidence that their records were given to the NSA. Kennelly based his ruling on preventing the federal government’s intelligence procedures from being revealed to terrorists.
Don’t confuse this with the superficially similar case against the NSA brought by the EFF, which survived its first challenge and is still pending.