Case: Hedges v. Obama

1:12-cv-00331 | U.S. District Court for the Southern District of New York

Filed Date: Jan. 13, 2012

Closed Date: 2014

Clearinghouse coding complete

Case Summary

This case was filed by a group of writers and activists on January 13, 2012, in the U.S. District Court for the Southern District of New York. They asked the Court to hold one unconstitutional one provision of the National Defense Authorization Act for Fiscal Year 2012, Pub. L. 112-81, 125 Stat. 1298 (the NDAA). The NDAA had been enacted two weeks before; plaintiffs charged that § 1021 of the NDAA violates their free speech and associational rights, under the Constitution's First Amendment, a…

This case was filed by a group of writers and activists on January 13, 2012, in the U.S. District Court for the Southern District of New York. They asked the Court to hold one unconstitutional one provision of the National Defense Authorization Act for Fiscal Year 2012, Pub. L. 112-81, 125 Stat. 1298 (the NDAA). The NDAA had been enacted two weeks before; plaintiffs charged that § 1021 of the NDAA violates their free speech and associational rights, under the Constitution's First Amendment, and also violates due process.

Section 1021 of the NDAA--entitled "Affirmation of Authority of the Armed Forces of the United States to Detain Covered Persons Pursuant to the Authorization for Use of Military Force"--provides for detention without trial, under the law of war, for "A person who was part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces." It states, however, that "Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens."

On February 27, 2012, they filed a motion for a for a temporary restraining order. The court held an evidentiary hearing on March 30, 2012. On May 16, 2012, Judge Forrest preliminarily enjoined operation of the challenged section. Several of the plaintiffs testified that they feared that their reporting or related work that involved contact with terrorists would render them subject to military detention, even though they did not support violence. As the district court's opinion explained: "At the hearing on this motion, the Government was unwilling or unable to state that these plaintiffs would not be subject to indefinite detention under § 1021. Plaintiffs are therefore at risk of detention, of losing their liberty, potentially for many years," for conduct protected by the First Amendment. Judge Katherine Forrest therefore found that plaintiffs were entitled to a preliminary injunction: they had shown that they were likely to succeed on the merits of their claim, that they faced irreparable harm, and that the balance of equities tilted in their favor. Hedges v. Obama, 12 CIV. 331 KBF, 2012 WL 1721124 (S.D.N.Y. May 16, 2012).

On June 6, 2012, Judge Forrest issued an order to clarify whom the injunction covers, mainly that the injunction applies generally and not just to the parties to the action. Hedges v. Obama, 12 CIV. 331 KBF, 2012 WL 2044565 (S.D.N.Y. June 6, 2012).

On August 7, 2012, Judge Forrest held a hearing on whether the preliminary injunction should be converted to a permanent injunction. That same day, the government appealed the preliminary injunction. On September 12, 2012, Judge Forrest issued a permanent injunction. Hedges v. Obama, 890 F.Supp.2d 424 (S.D.N.Y 2012). On September 14, 2012, Judge Forrest denied the government's motion to stay pending appeal.

On September 17, 2012, in an opinion by Judge Raymond J. Lohier, the Second Circuit Court of Appeals ordered a stay of the District Court's permanent injunction pending a decision on the defendants' motion to stay. Hedges v. Obama, 12-3176 L, 2012 WL 4075626 (2d Cir. Sept. 17, 2012). On October 3, 2012, the Second Circuit granted the government's motion to stay.

On February 19, 2013, the Supreme Court of the United States denied the plaintiffs' application to vacate the stay. Hedges v. Obama, 133 S. Ct. 1307 (2013).

On July 17, 2013, the Second Circuit vacated the District Court's decision and remanded. In an opinion by Judge Lewis A. Kaplan, the Second Circuit held that Section 1021 of the 2012 National Defense Authorization Act had no bearing on the government's authority to detain the American citizen plaintiffs and that those plaintiffs therefore lack Article III standing. Moreover, the non-citizen plaintiffs failed to establish a sufficient basis to fear detention under the statute to give them standing to seek preenforcement review. Hedges v. Obama, 724 F.3d 170 (2d Cir. 2013).

On February 11, 2014, Judge Forrest dismissed the case as there were no remaining issues in this matter following the determination of the Second Circuit. On April 28, 2014, the Supreme Court of the United States denied the plaintiffs' petition for writ of certiorari. Hedges v. Obama, 134 S. Ct. 1936 (2014).

Summary Authors

Jessica Kincaid (6/16/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4522624/parties/hedges-v-obama/


Judge(s)

Chin, Denny (New York)

Droney, Christopher Fitzgerald (Connecticut)

Forrest, Katherine Bolan (New York)

Kearse, Amalya Lyle (New York)

Lohier, Raymond Joseph Jr. (New York)

Attorneys(s) for Plaintiff

Afran, Bruce I. (New Jersey)

Mayer, Carl J. (New York)

Remes, David H. (District of Columbia)

Attorneys(s) for Defendant

Brinkmann, Beth S (District of Columbia)

Delery, Stuart F. (District of Columbia)

Judge(s)

Chin, Denny (New York)

Droney, Christopher Fitzgerald (Connecticut)

Forrest, Katherine Bolan (New York)

Kearse, Amalya Lyle (New York)

Lohier, Raymond Joseph Jr. (New York)

Attorneys(s) for Plaintiff

Afran, Bruce I. (New Jersey)

Mayer, Carl J. (New York)

Remes, David H. (District of Columbia)

Attorneys(s) for Defendant

Brinkmann, Beth S (District of Columbia)

Delery, Stuart F. (District of Columbia)

Harfenist, Steven Jay (New York)

Harwood, Christopher Blake (New York)

Johnson, Jeh Charles (New York)

Loeb, Robert Mark (District of Columbia)

Torrance, Benjamin H. (New York)

Other Attorney(s)

Stone, Jed H. (Illinois)

Expert/Monitor/Master

Bharara, Preetinder S. (New York)

Documents in the Clearinghouse

Document

1:12-cv-00331

CIVIL DOCKET FOR CASE #: 1:12−cv−00331−KBF

Feb. 11, 2014

Feb. 11, 2014

Docket
1

1:12-cv-00331

Complaint

Jan. 13, 2012

Jan. 13, 2012

Complaint
4-1

1:12-cv-00331

Amended Verified Complaint

Feb. 23, 2012

Feb. 23, 2012

Complaint
3

1:12-cv-00331

Notice of Motion for Temporary Restraining Order

Feb. 27, 2012

Feb. 27, 2012

Pleading / Motion / Brief
19

1:12-cv-00331

Supplemental Brief of Plaintiffs in Support of Application for Restraints on the Operation of the Homeland Battlefield Bill Provisions in the NDA

March 13, 2012

March 13, 2012

Pleading / Motion / Brief
23

1:12-cv-00331

Government's Memorandum of Law in Opposition to Plaintiffs' Motion for a Preliminary Injunction

March 26, 2012

March 26, 2012

Pleading / Motion / Brief
36

1:12-cv-00331

Opinion and Order

Hodges v. Obama

2012 WL 1721124

May 16, 2012

May 16, 2012

Order/Opinion
38

1:12-cv-00331

Government's Memorandum of Law in Support of its Motion for Reconsideration of the May 16, 2012, Opinion and Order

May 25, 2012

May 25, 2012

Pleading / Motion / Brief
41

1:12-cv-00331

Memorandum Opinion and Order

2012 WL 2044565

June 6, 2012

June 6, 2012

Order/Opinion
56

1:12-cv-00331

Notice of Appeal

Aug. 6, 2012

Aug. 6, 2012

Notice Letter

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4522624/hedges-v-obama/

Last updated July 23, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Barak Obama(individually), Barak Obama(as representative of the United States of America), Leon Panetta(individually), Leon Panetta(in his capacity as the executive and representative of the Department of Defense). (Filing Fee $ 350.00, Receipt Number 465401027029)Document filed by Christopher Hedges.(mro) (rdz). (Entered: 01/19/2012)

Jan. 13, 2012

Jan. 13, 2012

RECAP
2

ORDER: It is hereby ORDERED that plaintiff shall provide counsel for defendants 72-hour notice of the date that they plan to appear before the Court seeking injunctive relief. IT IS FURTHER ORDERED that plaintiff shall file with the Court both proof of service of the complaint on defendants as well as proof of service of all papers in connection with the anticipated temporary restraining order. IT IS FURTHER ORDERED that if plaintiff meets the above-imposed obligations, the Court will hear argument from both parties on the temporary restraining order on March 1, 2012, at 3:00 p.m. Plaintiff shall provide the Court with copies of their papers in support of their temporary restraining order within the same 72-hour timeframe as they provide them to counsel for defendants. ( Oral Argument set for 3/1/2012 at 03:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 2/24/2012) (lmb) (Entered: 02/24/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
3

MOTION for Temporary Restraining Order enjoing the operation of the Homeland Battlefield provisions of the National Defense Authorization Act. Document filed by Christopher Hedges. Return Date set for 3/1/2012 at 03:00 PM. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Temporary Restraints on the Operation of the Homeland Battlefield Act, # 2 Certificate of Service of Verified Amended Complaint, Notice of Motion, Proposed Order and Brief in Support of Application for Temporary Restraints)(Afran, Bruce) (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

PACER
4

MEMORANDUM OF LAW in Support re: 3 MOTION for Temporary Restraining Order enjoing the operation of the Homeland Battlefield provisions of the National Defense Authorization Act.. Document filed by Christopher Hedges. (Attachments: # 1 Exhibit Amended Verified Complaint with signatures to be forwarded, # 2 Supplement Certificate of Service)(Afran, Bruce) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

PACER
5

ORDER: IT IS HEREBY ORDERED that a hearing on plaintiffs' motion for a temporary restraining order is set for Friday, March 2, at 2:00 p.m. in Courtroom 15A, United States Courthouse, 500 Pearl Street, New York, NY 10007. IT IS FURTHER ORDERED that plaintiffs are to advise the Court no later than 5:00 p.m. today (February 29, 2012) whether they intend to call live witnesses at Friday's hearing or to supplement their current papers with affidavits from plaintiffs. If the latter, plaintiffs should submit such affidavits no later than 9:00 a.m. on Thursday, March 1, 2012, or at another time on March 1, 2012, if agreed to by counsel for defendants. IT IS FURTHER ORDERED that defendants shall submit their papers in opposition to plaintiffs' motion for a temporary restraining order by 6:15 a.m. on Friday, March 1, 2012. Set Deadlines/Hearing as to 3 MOTION for Temporary Restraining Order enjoining the operation of the Homeland Battlefield provisions of the National Defense Authorization Act:( Responses due by 3/1/2012, Motion Hearing set for 3/2/2012 at 02:00 PM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 2/29/2012) (mro) Modified on 2/29/2012 (mro). (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
6

SCHEDULING ORDER:Preliminary injunction hearing set for 3/29/2012 at 10:00 AM before Judge Katherine B. Forrest. Plaintiffs' affidavits in support of the preliminary injunction shall be filed no later than March 8, 2012 also, by letter on 3/8/2012, and as further set forth in this document. Defendants shall file their papers in opposition to the preliminary injunction no later than 5:00 p.m. on March 26, 2012. (Signed by Judge Katherine B Forrest on 2/29/2012) (cd) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
7

NOTICE OF APPEARANCE by Benjamin H. Torrance on behalf of Barak Obama(individually), Barak Obama(as representative of the United States of America), Leon Panetta(individually), Leon Panetta(in his capacity as the executive and representative of the Department of Defense) (Torrance, Benjamin) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
8

NOTICE OF APPEARANCE by Christopher Blake Harwood on behalf of Barak Obama(individually), Barak Obama(as representative of the United States of America), Leon Panetta(individually), Leon Panetta(in his capacity as the executive and representative of the Department of Defense) (Harwood, Christopher) (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

PACER
9

NOTICE of Plaintiffs' Anticipated Witnesses for Hearing on Preliminary Injunction re: 6 Scheduling Order,. Document filed by Christopher Hedges. (Afran, Bruce) (Entered: 03/08/2012)

March 8, 2012

March 8, 2012

PACER
10

AFFIDAVIT of Jennifer Ann Bolen in Support re: 3 MOTION for Temporary Restraining Order enjoing the operation of the Homeland Battlefield provisions of the National Defense Authorization Act.. Document filed by Christopher Hedges. (Afran, Bruce) (Entered: 03/08/2012)

March 8, 2012

March 8, 2012

PACER
11

AFFIDAVIT of Christopher Lynn Hedges in Support re: 3 MOTION for Temporary Restraining Order enjoing the operation of the Homeland Battlefield provisions of the National Defense Authorization Act.. Document filed by Christopher Hedges. (Attachments: # 1 Exhibit)(Afran, Bruce) (Entered: 03/08/2012)

March 8, 2012

March 8, 2012

PACER
12

FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Jennifer Ann Bolen in Support re: 3 MOTION for Temporary Restraining Order enjoing the operation of the Homeland Battlefield provisions of the National Defense Authorization Act.. Document filed by Christopher Hedges. (Afran, Bruce) Modified on 3/13/2012 (ldi). (Entered: 03/12/2012)

March 11, 2012

March 11, 2012

PACER
13

FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Christopher Lynn Hedges in Support re: 3 MOTION for Temporary Restraining Order enjoing the operation of the Homeland Battlefield provisions of the National Defense Authorization Act. Document filed by Christopher Hedges. (Afran, Bruce) Modified on 3/13/2012 (ldi). (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

PACER
14

AFFIRMATION of Alexa D. O'Brien in Support re: 3 MOTION for Temporary Restraining Order enjoing the operation of the Homeland Battlefield provisions of the National Defense Authorization Act.. Document filed by Christopher Hedges. (Attachments: # 1 Supplement signed signature page for Alexa D. O'Brien Certification, # 2 Exhibit Appendix to Certification of Alexa D. O'Brien)(Afran, Bruce) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

PACER
15

Signed Signature Pages for Verified Amended Complaint. (jp) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

PACER
16

SCHEDULING ORDER: It is hereby ORDERED that plaintiffs shall file all affidavits of any plaintiff they expect to testify at the preliminary injunction hearing no later than March 13, 2012, at 5:00 p.m. Any affidavit filed after that date and time will not be considered in connection with the preliminary injunction proceedings, and any plaintiff filing an affidavit after that date and time shall not be permitted to testify at the March 29, 2012 preliminary injunction hearing. IT IS FURTHER ORDERED that the February 29 Scheduling Order (Dkt. No.6) is modified to the extent that plaintiffs' supplemental briefing in support of a preliminary injunction may be filed no later than March 13, 2012 at 5:00 p.m. IT IS FURTHER ORDERED that counsel for defendants shall notify the Court and counsel for plaintiffs no later than March 16, 2012 at 5:00 p.m. whether it intends to call any witnesses at the March 29 preliminary injunction hearing. (Signed by Judge Katherine B. Forrest on 3/12/2012) (jfe) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

PACER
17

AFFIRMATION of Brigitta Jonsdottir, M.P. in Support re: 3 MOTION for Temporary Restraining Order enjoing the operation of the Homeland Battlefield provisions of the National Defense Authorization Act.. Document filed by Christopher Hedges. (Attachments: # 1 Supplement Signature page for Jonsdottir Certification, # 2 Exhibit US Department of Justice Subpoena to Brigitta Jonsdottir)(Afran, Bruce) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
18

AFFIRMATION of Kai Wargalla in Support re: 3 MOTION for Temporary Restraining Order enjoing the operation of the Homeland Battlefield provisions of the National Defense Authorization Act.. Document filed by Christopher Hedges. (Attachments: # 1 Supplement Signature page for Kai Wargalla, # 2 Exhibit Exhibit A to Wargalla Certification, # 3 Exhibit Exhibit B to Wargalla Certification)(Afran, Bruce) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
19

MEMORANDUM OF LAW in Support re: 3 MOTION for Temporary Restraining Order enjoing the operation of the Homeland Battlefield provisions of the National Defense Authorization Act. Supplement Memorandum of Plaintiffs filed by leave of Court with Appendix A and B to be filed separately. Document filed by Christopher Hedges. (Afran, Bruce) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
20

SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 3 MOTION for Temporary Restraining Order enjoing the operation of the Homeland Battlefield provisions of the National Defense Authorization Act. Re-filed Supplemental Brief with Appendix Attached. Document filed by Christopher Hedges. (Attachments: # 1 Appendix Item A to Plaintiffs Supplemental Memorandum of Law, # 2 Appendix Item B to Plaintiiff's Supplemental Memorandum of Law)(Afran, Bruce) (Entered: 03/13/2012)

March 13, 2012

March 13, 2012

PACER
21

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Christopher B. Harwood dated 3/23/2012 re: We write respectfully on behalf of defendants (collectively, the "Government") to request a page extension of 15 pages (i.e., leave to file up to a 40-page memorandum) for the Government's memorandum in opposition to plaintiffs' motion for preliminary injunction, which is due this Monday. ENDORSEMENT: Application granted. (Signed by Judge Katherine B. Forrest on 3/23/2012) (lmb) (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
22

ORDER: It is hereby ORDERED that the Court has determined that the non-recording party (here, the Government), has a right to review any recording for accuracy and note any errors. Accordingly, the parties may proceed in one of two ways regarding Mr. Hedge's additional recording of his deposition (i.e., in addition to the stenographic recording transcribed by the court reporter present at the deposition) : (a) Mr. Hedges can allow counsel for defendants to take the tape recording at the close of the deposition and review it over a 24-hour period to ensure its accuracy and reliability; or (b) relinquish the tape recording to the court reporter who will deliver it to Chambers first thing Monday morning, at which time counsel for defendants may come to Chambers to listen to it to ensure its accuracy and reliability. The parties need not engage in separate briefing by letter on the issue of the physical recording. (Signed by Judge Katherine B. Forrest on 3/23/2012) (lmb) (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
23

MEMORANDUM OF LAW in Opposition re: 3 MOTION for Temporary Restraining Order enjoing the operation of the Homeland Battlefield provisions of the National Defense Authorization Act.. Document filed by Barak Obama(individually), Barak Obama(as representative of the United States of America), Leon Panetta(individually), Leon Panetta(in his capacity as the executive and representative of the Department of Defense). (Attachments: # 1 Appendix)(Torrance, Benjamin) (Entered: 03/26/2012)

March 26, 2012

March 26, 2012

PACER
24

AMENDED MEMORANDUM OF LAW in Opposition re: 3 MOTION for Temporary Restraining Order enjoing the operation of the Homeland Battlefield provisions of the National Defense Authorization Act. (corrected to add footnote 13). Document filed by Barak Obama(individually), Barak Obama(as representative of the United States of America), Leon Panetta(individually), Leon Panetta(in his capacity as the executive and representative of the Department of Defense). (Attachments: # 1 Appendix)(Torrance, Benjamin) (Entered: 03/26/2012)

March 26, 2012

March 26, 2012

PACER
25

ORDER: For purposes of clarification, the preliminary injunctionhearing scheduled for March 29, 2012, will commence at 9:00 a.m. (not 10:00 a.m.), in Courtroom 15A, United States Courthouse, 500 Pearl Street, New York, NY, 10007. (Signed by Judge Katherine B. Forrest on 3/28/2012) (js) (Entered: 03/28/2012)

March 28, 2012

March 28, 2012

PACER
26

ORDER: As set forth at the March 29, 2012, hearing on plaintiffs' motion for a preliminary injunction, it is hereby ORDERED that plaintiffs' post-hearing brief is due on April 13, 2012, and defendants' post-hearing brief is due on April 27, 2012. (Signed by Judge Katherine B. Forrest on 4/9/2012) (mro) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

PACER
27

ENDORSED LETTER addressed to Judge Kathleen B. Forrest from David H. Remes dated 4/11/2012 re: counsel for plaintiffs respectfully request an extension of time, from April 13 through April 20, to file their post-hearing brief in support of their preliminary injunction motion. ENDORSEMENT: Extension granted only until 4/16/2012. Government's brief now due May 4, 2012. (Signed by Judge Katherine B. Forrest on 4/12/2012) (pl) (Entered: 04/12/2012)

April 12, 2012

April 12, 2012

PACER
28

Amicus Curiae APPEARANCE entered by Steven Jay Harfenist on behalf of Bob Marshall, Dick Black, Downsize DC Foundation, DownsizeDC.org, Inc., U.S. Justice Foundation, Institute on the Constitution, Gun Owners Foundation, Gun Owners of America, Inc., The Lincoln Institute for Research and Education, Western Center for Journalism, Conservative Legal Defense and Education Fund, U.S. Border Control, Restoring Liberty Action Committee, Tenth Amendment Center, Center for Media and Democracy, Bill of Rights Defense Committee, Chuck Baldwin, Jerome Aumente, Constitution Party National Committee.(Harfenist, Steven) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
29

FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to File Amicus Brief. Document filed by Jerome Aumente, Chuck Baldwin, Bill of Rights Defense Committee, Dick Black, Center for Media and Democracy, Conservative Legal Defense and Education Fund, Constitution Party National Committee, Downsize DC Foundation, DownsizeDC.org, Inc., Gun Owners Foundation, Gun Owners of America, Inc., Institute on the Constitution, Bob Marshall, Restoring Liberty Action Committee, Tenth Amendment Center, The Lincoln Institute for Research and Education, U.S. Border Control, U.S. Justice Foundation, Western Center for Journalism. (Attachments: # 1 Declaration of Steven J. Harfenist, # 2 Exhibit Amicus Curiae Brief, # 3 Affidavit Affidavit of Service)(Harfenist, Steven) Modified on 4/17/2012 (ldi). (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
30

POST TRIAL MEMORANDUM. Document filed by Christopher Hedges.(Afran, Bruce) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
31

FIRST MOTION to File Amicus Brief. Document filed by Jerome Aumente, Chuck Baldwin, Bill of Rights Defense Committee, Dick Black, Center for Media and Democracy, Conservative Legal Defense and Education Fund, Constitution Party National Committee, Downsize DC Foundation, DownsizeDC.org, Inc., Gun Owners Foundation, Gun Owners of America, Inc., Institute on the Constitution, Bob Marshall, Restoring Liberty Action Committee, Tenth Amendment Center, The Lincoln Institute for Research and Education, U.S. Border Control, U.S. Justice Foundation, Western Center for Journalism. (Attachments: # 1 Affidavit Affidavit of Service)(Harfenist, Steven) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
32

DECLARATION of Steven J. Harfenist in Support re: 31 FIRST MOTION to File Amicus Brief.. Document filed by Jerome Aumente, Chuck Baldwin, Bill of Rights Defense Committee, Dick Black, Center for Media and Democracy, Conservative Legal Defense and Education Fund, Constitution Party National Committee, Downsize DC Foundation, DownsizeDC.org, Inc., Gun Owners Foundation, Gun Owners of America, Inc., Institute on the Constitution, Bob Marshall, Restoring Liberty Action Committee, Tenth Amendment Center, The Lincoln Institute for Research and Education, U.S. Border Control, U.S. Justice Foundation, Western Center for Journalism. (Attachments: # 1 Exhibit A- Brief)(Harfenist, Steven) (Entered: 04/17/2012)

1 Exhibit A- Brief

View on PACER

April 17, 2012

April 17, 2012

PACER
33

SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 3 MOTION for Temporary Restraining Order enjoing the operation of the Homeland Battlefield provisions of the National Defense Authorization Act.. Document filed by Barak Obama(individually), Barak Obama(as representative of the United States of America), Leon Panetta(in his capacity as the executive and representative of the Department of Defense), Leon Panetta(individually). (Torrance, Benjamin) (Entered: 05/04/2012)

May 4, 2012

May 4, 2012

PACER
34

TRANSCRIPT of Proceedings re: HEARING held on 3/30/2012 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/8/2012. Redacted Transcript Deadline set for 6/18/2012. Release of Transcript Restriction set for 8/16/2012. (Attachments: # 1 TRANSCRIPT)(McGuirk, Kelly) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
35

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 3/30/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
36

OPINION AND ORDER # 101806: re: 3 MOTION for Temporary Restraining Order enjoing the operation of the Homeland Battlefield provisions of the National Defense Authorization Act. filed by Christopher Hedges, 31 FIRST MOTION to File Amicus Brief. filed by Constitution Party National Committee, U.S. Justice Foundation, Bill of Rights Defense Committee, Gun Owners of America, Inc., Dick Black, Center for Media and Democracy, Institute on the Constitution, Conservative Legal Defense and Education Fund, Tenth Amendment Center, The Lincoln Institute for Research and Education, Jerome Aumente, Restoring Liberty Action Committee, Western Center for Journalism, Downsize DC Foundation, Gun Owners Foundation, U.S. Border Control, Chuck Baldwin, DownsizeDC.org, Inc., Bob Marshall.For the aforementioned reasons, plaintiffs' motion for preliminary injunction is GRANTED; enforcement of § 1021 of the NDAA is preliminarily enjoined pending further order of this Court or amendments to the statute rendering this Opinion & Order moot. The Clerk of the Court is directed to terminate the motion for preliminary injunction and the motion to file amicus brief at Docket Nos. 3 and 31. (Signed by Judge Katherine B. Forrest on 5/16/2012) (pl) Modified on 5/17/2012 (ft). (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

RECAP
39

INTERNET CITATION NOTE: Material from decision with Internet citation re: 36 Memorandum & Opinion. (Attachments: # 1 DCPD-201200136, # 2 Justice for Assange) (tro) (Entered: 05/31/2012)

May 16, 2012

May 16, 2012

PACER
37

MOTION for Reconsideration re; 36 Memorandum & Opinion,,,,,. Document filed by Barak Obama(individually), Barak Obama(as representative of the United States of America), Leon Panetta(in his capacity as the executive and representative of the Department of Defense), Leon Panetta(individually).(Torrance, Benjamin) (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
38

MEMORANDUM OF LAW in Support re: 37 MOTION for Reconsideration re; 36 Memorandum & Opinion,,,,,. MOTION for Reconsideration re; 36 Memorandum & Opinion,,,,,.. Document filed by Barak Obama(individually), Barak Obama(as representative of the United States of America), Leon Panetta(in his capacity as the executive and representative of the Department of Defense), Leon Panetta(individually). (Torrance, Benjamin) (Entered: 05/25/2012)

May 25, 2012

May 25, 2012

PACER
40

ORDER: It is hereby ORDERED that the Court will hold a telephonic status conference on June 6, 2012, at 1:00 p.m., (Telephone Conference set for 6/6/2012 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 6/4/2012) (lmb) (Entered: 06/05/2012)

June 4, 2012

June 4, 2012

PACER
41

MEMORANDUM AND OPINION & ORDER #101892 re: 37 MOTION for Reconsideration re; 36 Memorandum & Opinion. Accordingly, court decisions, such as this Court's May 16 Order, enjoining enforcement of overly broad or vague statutes may apply generally--they need not be limited only to the parties to the action, and as further set forth in this document. In sum, although it is certainly true as a general proposition that "injunctive relief should be narrowly tailored to fit specific legal violations," Waldman Publishing Corp. v. Landoll, Inc., 43 F.3d 775, 785 (2d Cir. 1994) (Lanham Act claim), and "should be no more burdensome to the defendant than necessary to provide complete relief to the plaintiffs." This order should eliminate any doubt as to the 5/16 Order's scope. (Signed by Judge Katherine B. Forrest on 6/6/2012) (cd) Modified on 6/11/2012 (jab). (Entered: 06/06/2012)

June 6, 2012

June 6, 2012

RECAP
42

ORDER: The Telephonic status conference set for June 6, 2012 at 1:00p.m. is ADJOURNED until June 7, 2012 at 1:00 p.m. SO ORDERED.( Telephone Conference set for 6/7/2012 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 6/06/2012) (ama) (Entered: 06/06/2012)

June 6, 2012

June 6, 2012

PACER
43

ORDER: It is Ordered that the factual record in this matter is closed. The parties shall use the existing factual record as the trial record on the motion for permanent injunctive relief. It is further Ordered that plaintiff's brief on the motion is for a permanent injunction on August 7, 2012 at 2 p.m. (Signed by Judge Katherine B. Forrest on 6/8/2012) (mro) Modified on 6/11/2012 (mro). (Entered: 06/08/2012)

June 8, 2012

June 8, 2012

RECAP
44

ORDER: Plaintiffs have requested an extension of the date on which their brief on the motion for permanent injunction is due from June 29, 2012 to July 2, 2012. ( Motions due by 7/2/2012.) (Signed by Judge Katherine B. Forrest on 6/29/2012) (jfe) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
45

TRIAL BRIEF. Document filed by Christopher Hedges.(Afran, Bruce) (Entered: 07/03/2012)

July 2, 2012

July 2, 2012

RECAP
46

MOTION for Jed H. Stone to Appear Pro Hac Vice. Document filed by Bob Avakian.(pgu) (Entered: 07/03/2012)

July 2, 2012

July 2, 2012

PACER
47

ORDER FOR ADMISSION PRO HAC VICE: granting 46 Motion for Jed H. Stone to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 7/9/2012) (jfe) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER
48

Amicus Curiae APPEARANCE entered by Jed H. Stone on behalf of Bob Avakian.(Stone, Jed) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
49

Amicus Curiae APPEARANCE entered by Jed H. Stone on behalf of Bob Avakian.(Stone, Jed) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
50

NOTICE of Notice of Filing - Memorandum of Concern (Amicus Curiae) re: 49 Amicus Curiae Appearance. Document filed by Bob Avakian. (Stone, Jed) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
51

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Benjamin H. Torrance dated 7/13/2012 re: This Office represents certain defendants (the "government") in the above-named action. We are writing with two requests regarding the government's upcoming brief, now due July 18, 2012. First, we respectfully request that, as an equivalent extension to the three-day extension the Court granted to plaintiffs, the government's deadline for filing its brief be extended to July 23, 2012 (as the third day would fall on a Saturday). Second, we respectfully request that the government be permitted to file a brief not exceeding fifty pages. Plaintiffs' counsel have consented to both requests. ENDORSEMENT: Granted. SO ORDERED. ( Brief due by 7/23/2012.) (Signed by Judge Katherine B. Forrest on 7/16/2012) (djc) (Entered: 07/16/2012)

July 16, 2012

July 16, 2012

PACER
52

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - TRIAL BRIEF (Government's Memorandum of Law in Support of Final Judgment Denying a Permanent Injunction and Dismissing This Action). Document filed by Barak Obama(individually), Barak Obama(as representative of the United States of America), Leon Panetta(in his capacity as the executive and representative of the Department of Defense), Leon Panetta(individually).(Harwood, Christopher) Modified on 7/24/2012 (ka). (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
53

MEMORANDUM OF LAW in Support of Final Judgment Denying Plaintiffs' Request for a Permanent Injunction and Dismissing This Action. Document filed by Barak Obama(individually), Barak Obama(as representative of the United States of America), Leon Panetta(in his capacity as the executive and representative of the Department of Defense), Leon Panetta(individually). (Harwood, Christopher) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

RECAP
54

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - TRIAL BRIEF Plaintiffs' Reply to Defendant's Trial Brief. Document filed by Christopher Hedges.(Afran, Bruce) Modified on 7/31/2012 (ka). (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
55

REPLY MEMORANDUM OF LAW in Support re: 53 Memorandum of Law in Support, re-filed Reply Memorandum of Plaintiffs in response to Memorandum of Government opposing entry of permanent injunction. Document filed by Christopher Hedges. (Afran, Bruce) (Entered: 07/31/2012)

July 31, 2012

July 31, 2012

PACER
56

NOTICE OF APPEAL from 43 Order,, 41 Memorandum & Opinion,,, 36 Memorandum & Opinion,,,,,. Document filed by Barak Obama(individually), Barak Obama(as representative of the United States of America), Leon Panetta(in his capacity as the executive and representative of the Department of Defense), Leon Panetta(individually). Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (nd) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

RECAP
57

MOTION for David H. Remes to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christopher Hedges.(pgu) (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

PACER
58

ORDER FOR ADMISSION PRO HAC VICE ON ORAL MOTION granting 57 Motion for David H. Remes to Appear Pro Hac Vice. Filing fee waived. (Signed by Judge Katherine B. Forrest on 8/7/2012) (lmb) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
59

TRANSCRIPT of Proceedings re: argument held on 8/7/2012 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/17/2012. Redacted Transcript Deadline set for 9/27/2012. Release of Transcript Restriction set for 11/26/2012.(McGuirk, Kelly) (Entered: 08/22/2012)

Aug. 22, 2012

Aug. 22, 2012

PACER
60

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 8/7/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/22/2012)

Aug. 22, 2012

Aug. 22, 2012

PACER
61

OPINION AND ORDER #102353: For the reasons set forth on this Opinion and Order, this Court permanently enjoins enforcement of § 1021(b)(2) in any manner, as to any person. The Court invites Congress to examine whether there are amendments that might cure the statutes deficiencies, or whether, in light of existing authorization and existing criminal statutes, § 1021 is needed at all.This Court has stated its position, as directly presented to it by the Government, that the AUMF and § 1021(b)(2) are not the same; they are not co-extensive. Military detention based on allegations of substantially supporting or directly supporting the Taliban, al-Qaeda or associated forces, is not encompassed within the AUMF and is enjoined by this Order regarding § 1021(b)(2). No detention based upon § 1021(b)(2) can occur.The Clerk of the Court is directed to terminate this action. (Signed by Judge Katherine B. Forrest on 9/12/2012) (jp) Modified on 9/19/2012 (ft). (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

RECAP
62

FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Barak Obama(individually), Barak Obama(as representative of the United States of America), Leon Panetta(in his capacity as the executive and representative of the Department of Defense), Leon Panetta(individually). Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Harwood, Christopher) Modified on 9/13/2012 (tp). (Entered: 09/13/2012)

Sept. 13, 2012

Sept. 13, 2012

RECAP
63

NOTICE OF APPEAL from 61 Memorandum & Opinion,,,. Document filed by Barak Obama(individually), Barak Obama(as representative of the United States of America), Leon Panetta(in his capacity as the executive and representative of the Department of Defense), Leon Panetta(individually). Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Harwood, Christopher) (Entered: 09/13/2012)

Sept. 13, 2012

Sept. 13, 2012

RECAP
64

MOTION to Stay re: 61 Memorandum & Opinion,,,. Document filed by Barak Obama(individually), Barak Obama(as representative of the United States of America), Leon Panetta(in his capacity as the executive and representative of the Department of Defense), Leon Panetta(individually).(Torrance, Benjamin) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

RECAP
65

MEMORANDUM OF LAW in Support re: 64 MOTION to Stay re: 61 Memorandum & Opinion,,,. MOTION to Stay re: 61 Memorandum & Opinion,,,.. Document filed by Barak Obama(individually), Barak Obama(as representative of the United States of America), Leon Panetta(in his capacity as the executive and representative of the Department of Defense), Leon Panetta(individually). (Torrance, Benjamin) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

RECAP
66

TRANSCRIPT of Proceedings re: PHONE CONFERNCE held on 6/1/2012 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/9/2012. Redacted Transcript Deadline set for 10/18/2012. Release of Transcript Restriction set for 12/17/2012.(McGuirk, Kelly) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
67

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a PHONE CONFERNCE proceeding held on 6/1/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
68

ORDER denying 64 Motion to Stay: IT IS HEREBY ORDERED that the Government's request for an immediate interim stay is DENIED. (Signed by Judge Katherine B. Forrest on 9/14/2012) (djc) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

RECAP
70

MOTION for Joinder of Pertinent Party and Motion for Appointment of Legal Counsel. Document filed by Dale B. Adams.(lmb) Modified on 10/11/2012 (lmb). Modified on 10/11/2012 (lmb). (Entered: 10/11/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
69

ORDER of USCA (Certified Copy) as to 56 Notice of Appeal, filed by Barak Obama, Leon Panetta, 63 Notice of Appeal, filed by Barak Obama, Leon Panetta USCA Case Number 12-3176(L), 12-3644(con). Upon due consideration, it is hereby ORDERED that the Government's motion for stay is GRANTED. The District Court's order dated September 12, 2012 is stayed pending a decision on the appeal by merits panel. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 10/02/2012. Certified: 10/03/2012. (nd) (Entered: 10/04/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
71

ORDER denying 70 Motion for Joinder; denying 70 Motion to Appoint Counsel. That the motion is DENIED for lack of jurisdiction. The Clerk of the Court is directed to terminate the motion at Dkt. No. 70. (Signed by Judge Katherine B. Forrest on 10/12/2012) (pl) (Entered: 10/12/2012)

Oct. 12, 2012

Oct. 12, 2012

PACER
72

TRANSCRIPT of Proceedings re: ARGUMENT held on 8/7/2012 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.(Moya, Goretti) (Entered: 10/23/2012)

Oct. 23, 2012

Oct. 23, 2012

PACER
73

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 8/7/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Moya, Goretti) (Entered: 10/23/2012)

Oct. 23, 2012

Oct. 23, 2012

PACER
74

TRUE COPY ORDER of USCA as to 56 Notice of Appeal, filed by Barak Obama, Leon Panetta, 63 Notice of Appeal, filed by Barak Obama, Leon Panetta USCA Case Number 12-3176(L), 12-3644(con). Ordered, Adjudged and Decreed that the decision of the District Court is VACATED and the case is REMANDED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 7/17/2013. (nd) (Entered: 07/17/2013)

July 17, 2013

July 17, 2013

PACER
75

MANDATE of USCA (Certified Copy) as to 56 Notice of Appeal, filed by Barak Obama, Leon Panetta, 62 Notice of Appeal, filed by Barak Obama, Leon Panetta, 63 Notice of Appeal, filed by Barak Obama, Leon Panetta USCA Case Number 12-3176(L), 12-3644(con). Ordered, Adjudged and Decreed that the decision of the District Court is VACATED and the case is REMANDED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 9/10/2013. (Attachments: # 1 Opinion)(nd) (Entered: 09/10/2013)

1 Opinion

View on PACER

Sept. 10, 2013

Sept. 10, 2013

RECAP
76

ORDER: On September 10, 2013, this Court received the USCA Mandate from the Second Circuit Court of Appeals. The parties are hereby ORDERED to appear for a status conference on October 30, 2013 at 1:00 P.M. ( Status Conference set for 10/30/2013 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 9/11/2013) (mro) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

PACER
77

STANDING ORDER M10-468: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding. (Signed by Judge Loretta A. Preska on 10/1/2013) ***Original Standing Order docketed in case no. 1:13-mc-00334-LAP, document no. 2 on 10/1/2013.***(tro) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
78

ORDER: The conference set Wednesday, October 30, 2013, will be heard on the same date (10/30/2013), at 11:00 a.m. ( Status Conference set for 10/30/2013 at 11:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/22/2013) (mro) (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

RECAP
79

LETTER MOTION to Adjourn Conference presently scheduled for October 30, 2013 addressed to Judge Katherine B. Forrest from Bruce I. Afran dated October 25, 2013. Document filed by Christopher Hedges.(Afran, Bruce) (Entered: 10/25/2013)

Oct. 25, 2013

Oct. 25, 2013

PACER
80

ORDER granting 79 Letter Motion to Adjourn Conference. Ordered: Conference adjourned to 10/31/13 at noon. Status Conference set for 10/31/2013 at 12:00 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 10/28/2013) (mro) (Entered: 10/28/2013)

Oct. 28, 2013

Oct. 28, 2013

RECAP
81

ORDER: As discussed at that conference, plaintiffs have until on or before January 30, 2014 to propose an Amended Complaint and/or provide the Court with its view as to what is left in this action, and its rationale therefor. (Amended Pleadings due by 1/30/2014.) (Signed by Judge Katherine B. Forrest on 10/31/2013) (tn) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

RECAP
82

TRANSCRIPT of Proceedings re: CONFERENCE held on 10/31/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/20/2013. Redacted Transcript Deadline set for 12/30/2013. Release of Transcript Restriction set for 2/27/2014.(Rodriguez, Somari) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

RECAP
83

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/31/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
84

ORDER: On October 31, 2013, plaintiffs were Ordered to propose an Amended Complaint and/or provide the Court with its view as to what is left in this action no later than January 30, 2014. To date, the Court has received no such submission. Accordingly, plaintiffs are hereby ORDERED to either submit a proposed Amended Complaint or advise the Court with its view as to what is left in this action by February 7, 2014. (Signed by Judge Katherine B. Forrest on 2/3/2014) (mro) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

PACER
85

STATUS REPORT. View of Counsel for Plaintiffs as to any remaining issues following remand Document filed by Christopher Hedges.(Afran, Bruce) (Entered: 02/10/2014)

Feb. 10, 2014

Feb. 10, 2014

PACER
86

MEMO ENDORSEMENT on re: 85 Status Report filed by Christopher Hedges. ENDORSEMENT: Order: Based on the representations in this Report, the Court dismisses this action at this time. (Signed by Judge Katherine B. Forrest on 2/11/2014) (mro) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

PACER

Case Details

State / Territory: New York

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 13, 2012

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Journalists and activists who fear that their contact with terrorists might subject them to military detention.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S., Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Freedom of speech/association

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

General:

Placement in detention facilities

Terrorism/Post 9-11 issues