Case: Latif v. U.S. Department of Justice

3:10-cv-00750 | U.S. District Court for the District of Oregon

Filed Date: June 30, 2010

Closed Date: Dec. 16, 2019

Clearinghouse coding complete

Case Summary

On June 30, 2010, this suit was filed by a group of Americans denied boarding onto international flights into the United States because of their inclusion on the "No Fly List." The suit was filed in U.S. District Court for the District of Oregon. The complaint named as defendants the U.S. Department of Justice, the Federal Bureau of Investigation, and the Terrorist Screening Center, which created the list. Represented by the American Civil Liberties Union, the plaintiffs alleged violations of t…

On June 30, 2010, this suit was filed by a group of Americans denied boarding onto international flights into the United States because of their inclusion on the "No Fly List." The suit was filed in U.S. District Court for the District of Oregon. The complaint named as defendants the U.S. Department of Justice, the Federal Bureau of Investigation, and the Terrorist Screening Center, which created the list. Represented by the American Civil Liberties Union, the plaintiffs alleged violations of their constitutional rights to due process, as well as violations of the Immigration and Nationality Act and the Administrative Procedure Act. The plaintiffs sought clearance to return to the United States and injunctions requiring the defendants to adopt procedures for notice and opportunity to challenge inclusion on the list. The case was assigned to U.S. District Judge Anna J. Brown.

The plaintiffs immediately sought a preliminary injunction requiring the defendants to allow them to return from locations abroad where they had been stranded by their inclusion on the list. On October 20, 2010, without a response to this motion from the defendants or an injunction from the court, the defendants apparently allowed the plaintiffs to return to the U.S. The plaintiffs withdrew their motion for preliminary injunction, but they remained on the list, and the suit continued with respect to notice for the reasons of their inclusion and a meaningful process for challenging their inclusion.

The defendants then filed motions to dismiss on the grounds that the District Court lacked jurisdiction, and that the plaintiffs had failed to include as a defendant the Transportation Security Administration, which administers the Traveler Redress Inquiry Program (TRIP), the statutory redress process for individuals wrongfully denied boarding. On May 3, 2011, Judge Brown granted the government's motion to dismiss. Judge Brown held that because the internal orders of the TSA denying removal from the list were reviewable only in federal courts of appeals, the District Court lacked jurisdiction. 2011 WL 1667471.

The plaintiffs appealed to the U.S. Court of Appeals for the Ninth Circuit, which reversed the District Court's decision on July 26, 2012. Writing for a unanimous panel, U.S. Circuit Judge Richard C. Tallman held that the District Court had jurisdiction to review the plaintiff's procedural challenge because the plaintiffs did not request review of a TSA order, but rather challenged the adequacy of the redress process itself. The case was remanded to the lower court. 686 F.3d 1122.

The parties then filed cross-motions for summary judgment in the District Court. Ruling on these motions on August 28, 2013, the court held that the plaintiffs' due process rights were potentially implicated by the denial of their ability to fly. But the court lacked a sufficient factual record to determine whether the defendants' policies actually violated the plaintiffs' due process rights. It requested that the parties submit further information regarding the defendants' existing policies. 969 F.Supp.2d 1293.

Following these submissions, on June 24, 2014, Judge Brown issued an opinion holding unconstitutional the No Fly List redress procedures. The court held that the procedures did not sufficiently apprise the plaintiffs of the reasons for their inclusion or allow meaningful administrative challenges. The result was an unfair and stigmatizing deprivation of the liberty interest in international travel. However, Judge Brown declined to issue an injunction, instead requiring that the government propose new procedures. The defendants initially appealed this decision but quickly withdrew their appeal. 28 F.Supp.3d 1134.

On December 19, 2015, the government notified the court that seven of the plaintiffs had been removed from the list, and that the remaining plaintiffs had been provided letters of explanation for their continued inclusion. The court entered non-final judgment in favor of these plaintiffs. 2015 WL 1883890. The court asked the parties to brief on the details and adequacy of the new review procedure used by the defendants. Accordingly, the parties submitted stipulated facts and cross-motions for summary judgment. The defendants argued that they had instituted new procedures which allowed the plaintiffs to receive written explanations for their inclusion on the list and to submit a written response or other evidence contesting the decision. The plaintiffs argued that this new process was still insufficient because it did not allow the plaintiffs to contest their inclusion in front of a neutral fact finder or provide other due process safeguards.

On March 28, 2016, Judge Brown denied the plaintiffs’ motion for summary judgement and granted the defendant’s motion for summary judgement in part. The court held that due process did not require the defendant to allow the plaintiffs to challenge their inclusion on the list before a neutral fact finder. However, the court asked the defendant to develop the record as to whether some of the plaintiffs had received full notice regarding the reasons for their inclusion. 2016 WL 1239925. The court allowed the defendants to submit this additional information under seal due to its classified status. After they submitted, the court granted the defendants' remaining motions for summary judgment as to the plaintiffs’ claims that they had not received adequate notice from the court's earlier March 2016 order.

The court asked the parties to submit a status report with respect to the remaining issue of whether the District Court retained jurisdiction to review substantive challenges to the plaintiffs’ inclusion on the No Fly List in light of the adopted redress and review process. The parties stipulated to the outlines of the new review process, and the defendant filed a motion to dismiss for lack of jurisdiction on January 18, 2017, arguing that decisions under the new process were final administrative decisions that were unreviewable by the District Court under the Administrative Procedure Act.

On April 21, 2017, Judge Brown granted the defendant’s motion to dismiss for lack of jurisdiction, agreeing that the new TRIP procedures made the defendant’s No Fly List determinations final and unreviewable by the District Court. 2017 WL 1434648.

On August 7, 2017, the plaintiffs appealed to the Ninth Circuit; the appeal was captioned as Kashem v. Barr. The plaintiffs argued the revised review procedures still failed to provide adequate due process protections. A panel of Circuit Judges Raymond C. Fisher and Consuelo M. Callahan and District Court Judge Cathy Ann Bencivengo upheld the District Court's dismissal on October 21, 2019. Procedurally, the panel found that, because the TSA had final say over who is placed on the No Fly List and who is not after an internal policy chance, district courts no longer had jurisdiction to rule on No Fly List cases. They found that the an association with terrorist groups and potential for future criminal activity was not impermissibly vague criteria for classification on the No Fly List. In addition, they wrote that balancing the state interest of national security against the potential denial of liberty from a wrongful placement on the list, with the chance to appeal classification to DHS, did not deprive the plaintiffs of their due process rights. 941 F.3d 358.

The plaintiffs declined to appeal the outcome to the Supreme Court. The case is closed.

Summary Authors

Elizabeth Homan (9/30/2013)

Michael Mirdamadi (4/1/2014)

John He (2/20/2016)

Nathaniel Flack (10/17/2018)

Ellen Aldin (6/5/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4527552/parties/latif-v-united-states-department-of-justice/


Judge(s)

Brown, Anna J. (Oregon)

Fisher, Raymond C. (California)

Kozinski, Alex (California)

Tallman, Richard C. (Washington)

Tashima, Atsushi Wallace (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Bell, Justin H. (New York)

Choudhury, Nusrat Jahan (New York)

Diaz, Kevin (Oregon)

Egleson, Christopher M. (District of Columbia)

Judge(s)

Brown, Anna J. (Oregon)

Fisher, Raymond C. (California)

Kozinski, Alex (California)

Tallman, Richard C. (Washington)

Tashima, Atsushi Wallace (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Bell, Justin H. (New York)

Choudhury, Nusrat Jahan (New York)

Diaz, Kevin (Oregon)

Egleson, Christopher M. (District of Columbia)

Fischer, Justine (Oregon)

Genego, William J. (California)

Handeyside, Hugh (New York)

Hurley, Mitchell P (New York)

Ives, Laura Schauer (New Mexico)

Leonard, Joel P. (Oregon)

Mass, Julia Harumi (California)

Pasquarella, Jennifer (California)

Salahi, Reem (California)

Schlosser, Alan Lawrence (California)

Shamsi, Hina (New York)

Smith, Alexandra Freedman (New Mexico)

Steingard, Richard M (California)

Wagner, Catherine A. (California)

Wilker, Steven M. (Oregon)

Wizner, Ben (New York)

Attorneys(s) for Defendant

Bowen, Brigham J. (District of Columbia)

Branda, Joyce R. (District of Columbia)

Coppolino, Anthony J. (District of Columbia)

Cox, James E. Jr. (Oregon)

Delery, Stuart F. (District of Columbia)

Farel, Lily Sara (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Kelleher, Diane (District of Columbia)

Kirschner, Adam D. (District of Columbia)

Mizer, Benjamin C. (District of Columbia)

Powell, Amy E. (District of Columbia)

Risner, Scott (District of Columbia)

Singer, Samuel M (District of Columbia)

Swingle, Sharon (District of Columbia)

Waldman, Joshua (District of Columbia)

Williams, Billy J. (Oregon)

Other Attorney(s)

Robinson, Devin N. (Oregon)

Siemion, Rita M. (District of Columbia)

Documents in the Clearinghouse

Document

3:10-cv-00750

Docket [PACER]

Latif v. United States Department of Justice

Dec. 16, 2019

Dec. 16, 2019

Docket

3:10-cv-00750

Complaint for Injunctive and Declaratory Relief

Latif v. Holder

June 29, 2010

June 29, 2010

Complaint
15

3:10-cv-00750

First Amended Complaint for Injunctive and Declaratory Relief

Latif v. Holder

Aug. 5, 2010

Aug. 5, 2010

Complaint
69

3:10-cv-00750

Opinion and Order

Latif v. Holder

2011 WL 1667471

May 3, 2011

May 3, 2011

Order/Opinion
32-1

3:10-cv-00750

11-35407

Opinion

Latif v. Holder

U. S. Court of Appeals for the Ninth Circuit

686 F.3d 1122

July 26, 2012

July 26, 2012

Order/Opinion
83

3:10-cv-00750

Third Amended and Supplemental Complaint for Injunctive and Declaratory Relief

Latif v. Holder

Jan. 11, 2013

Jan. 11, 2013

Complaint
110

3:10-cv-00750

Opinion and Order

Latif v. Holder

969 F.Supp.2d 1293, 2013 WL 4592515

Aug. 28, 2013

Aug. 28, 2013

Order/Opinion
136

3:10-cv-00750

Opinion and Order

Latif v. Holder

28 F.Supp.3d 1134

June 24, 2014

June 24, 2014

Order/Opinion
144

3:10-cv-00750

Joint Status Report

Latif v. Holder

Aug. 4, 2014

Aug. 4, 2014

Pleading / Motion / Brief
153

3:10-cv-00750

Re: Latif v. Holder, 3:10-cv-00750-BR (D. Oregon)

Latif v. Holder

Oct. 10, 2014

Oct. 10, 2014

Correspondence

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4527552/latif-v-united-states-department-of-justice/

Last updated June 5, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing Fee in amount of $350 collected. Receipt No. 34302. Summons issued as to Eric H. Holder, Jr.; Robert S. Mueller, III; and Timothy J. Healy.Filed by Adama Bah, Halime Sat, Raymond Earl Knaeble, IV, Saleh A. Omar, Mohamed Sheikh Abdirahm Kariye, Ayman Latif, Steven Washburn, Nagib Ali Ghaleb, Samir Mohamed Ahmed Mohamed, Abdullatif Muthanna against Federal Bureau of Investigation, Terrorist Screening Center, United States Department of Justice. (Attachments: # 1 Civil Cover Sheet) (eo) (Additional attachment(s) added on 5/5/2014: # 2 summons) (dnt). (Entered: 06/30/2010)

1 Civil Cover Sheet

View on PACER

June 30, 2010

June 30, 2010

RECAP
2

Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Judge Anna J. Brown. Discovery is to be completed by 10/28/2010. Joint Alternate Dispute Resolution Report is due by 11/29/2010. Pretrial Order is due by 11/29/2010. Ordered by Judge Anna J. Brown. (eo) (Entered: 06/30/2010)

June 30, 2010

June 30, 2010

RECAP
3

Affidavit of Service upon Terrorist Screening Center served on 7/7/2010 Filed by All Plaintiffs. (Wilker, Steven) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

RECAP
4

Affidavit of Service upon United States Department of Justice served on 7/7/2010 Filed by All Plaintiffs. (Wilker, Steven) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

RECAP
5

Affidavit of Service upon Federal Bureau of Investigation served on 7/7/2010 Filed by All Plaintiffs. (Wilker, Steven) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

PACER
6

Order - Granting Application for Special Admission Pro Hac Vice of Ahilan Arulanantham for Adama Bah,Ahilan Arulanantham for Nagib Ali Ghaleb,Ahilan Arulanantham for Mohamed Sheikh Abdirahm Kariye,Ahilan Arulanantham for Raymond Earl Knaeble, IV,Ahilan Arulanantham for Ayman Latif,Ahilan Arulanantham for Samir Mohamed Ahmed Mohamed,Ahilan Arulanantham for Abdullatif Muthanna,Ahilan Arulanantham for Saleh A. Omar,Ahilan Arulanantham for Halime Sat,Ahilan Arulanantham for Steven Washburn. Application Fee in amount of $100 collected. Receipt No. 34535 issued. Signed on 7/14/2010 by Judge Anna J. Brown. (ecp) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
7

Order - Granting Application for Special Admission Pro Hac Vice of Nusrat Jahan Choudhury for Adama Bah,Nusrat Jahan Choudhury for Nagib Ali Ghaleb,Nusrat Jahan Choudhury for Mohamed Sheikh Abdirahm Kariye,Nusrat Jahan Choudhury for Raymond Earl Knaeble, IV,Nusrat Jahan Choudhury for Ayman Latif,Nusrat Jahan Choudhury for Samir Mohamed Ahmed Mohamed,Nusrat Jahan Choudhury for Abdullatif Muthanna,Nusrat Jahan Choudhury for Saleh A. Omar,Nusrat Jahan Choudhury for Halime Sat,Nusrat Jahan Choudhury for Steven Washburn. Application Fee in amount of $100 collected. Receipt No. 34540 issued. Signed on 7/14/2010 by Judge Anna J. Brown. (ecp) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
8

Order -Granting Application for Special Admission Pro Hac Vice of Julia Harumi Mass for Adama Bah,Julia Harumi Mass for Nagib Ali Ghaleb,Julia Harumi Mass for Mohamed Sheikh Abdirahm Kariye,Julia Harumi Mass for Raymond Earl Knaeble, IV,Julia Harumi Mass for Ayman Latif,Julia Harumi Mass for Samir Mohamed Ahmed Mohamed,Julia Harumi Mass for Abdullatif Muthanna,Julia Harumi Mass for Saleh A. Omar,Julia Harumi Mass for Halime Sat,Julia Harumi Mass for Steven Washburn. Application Fee in amount of $100 collected. Receipt No. 34529 issued. Signed on 7/14/2010 by Judge Anna J. Brown. (ecp) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
9

Order -Granting Application for Special Admission Pro Hac Vice of Jennifer Pasquarella for Adama Bah,Jennifer Pasquarella for Nagib Ali Ghaleb,Jennifer Pasquarella for Mohamed Sheikh Abdirahm Kariye,Jennifer Pasquarella for Raymond Earl Knaeble, IV,Jennifer Pasquarella for Ayman Latif,Jennifer Pasquarella for Samir Mohamed Ahmed Mohamed,Jennifer Pasquarella for Abdullatif Muthanna,Jennifer Pasquarella for Saleh A. Omar,Jennifer Pasquarella for Halime Sat,Jennifer Pasquarella for Steven Washburn. Application Fee in amount of $100 collected. Receipt No. 34534 issued. Signed on 7/14/2010 by Judge Anna J. Brown. (ecp) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
10

Order - Granting Application for Special Admission Pro Hac Vice of Reem Salahi for Adama Bah,Reem Salahi for Nagib Ali Ghaleb,Reem Salahi for Mohamed Sheikh Abdirahm Kariye,Reem Salahi for Raymond Earl Knaeble, IV,Reem Salahi for Ayman Latif,Reem Salahi for Samir Mohamed Ahmed Mohamed,Reem Salahi for Abdullatif Muthanna,Reem Salahi for Saleh A. Omar,Reem Salahi for Halime Sat,Reem Salahi for Steven Washburn. Application Fee in amount of $100 collected. Receipt No. 34533 issued. Signed on 7/14/2010 by Judge Anna J. Brown. (ecp) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
11

Order - Granting Application for Special Admission Pro Hac Vice of Laura Schauer Ives for Adama Bah,Laura Schauer Ives for Nagib Ali Ghaleb,Laura Schauer Ives for Mohamed Sheikh Abdirahm Kariye,Laura Schauer Ives for Raymond Earl Knaeble, IV,Laura Schauer Ives for Ayman Latif,Laura Schauer Ives for Samir Mohamed Ahmed Mohamed,Laura Schauer Ives for Abdullatif Muthanna,Laura Schauer Ives for Saleh A. Omar,Laura Schauer Ives for Halime Sat,Laura Schauer Ives for Steven Washburn. Application Fee in amount of $100 collected. Receipt No. 34537 issued. Signed on 7/14/2010 by Judge Anna J. Brown. (ecp) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
12

Order - Granting Application for Special Admission Pro Hac Vice of Alan L. Schlosser for Adama Bah,Alan L. Schlosser for Nagib Ali Ghaleb,Alan L. Schlosser for Mohamed Sheikh Abdirahm Kariye,Alan L. Schlosser for Raymond Earl Knaeble, IV,Alan L. Schlosser for Ayman Latif,Alan L. Schlosser for Samir Mohamed Ahmed Mohamed,Alan L. Schlosser for Abdullatif Muthanna,Alan L. Schlosser for Saleh A. Omar,Alan L. Schlosser for Halime Sat,Alan L. Schlosser for Steven Washburn. Application Fee in amount of $100 collected. Receipt No. 34531 issued. Signed on 7/14/2010 by Judge Anna J. Brown. (ecp) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
13

Order -Granting Application for Special Admission Pro Hac Vice of Ben Wizner for Adama Bah,Ben Wizner for Nagib Ali Ghaleb,Ben Wizner for Mohamed Sheikh Abdirahm Kariye,Ben Wizner for Raymond Earl Knaeble, IV,Ben Wizner for Ayman Latif,Ben Wizner for Samir Mohamed Ahmed Mohamed,Ben Wizner for Abdullatif Muthanna,Ben Wizner for Saleh A. Omar,Ben Wizner for Halime Sat,Ben Wizner for Steven Washburn. Application Fee in amount of $100 collected. Receipt No. 34539 issued. Signed on 7/14/2010 by Judge Anna J. Brown. (ecp) (Entered: 07/15/2010)

July 15, 2010

July 15, 2010

PACER
14

Notice of Appearance of Diane Kelleher appearing on behalf of All Defendants Filed by on behalf of All Defendants (Kelleher, Diane) (Entered: 08/03/2010)

Aug. 3, 2010

Aug. 3, 2010

PACER
15

First Amended Complaint.Filed by Adama Bah, Halime Sat, Raymond Earl Knaeble, IV, Saleh A. Omar, Mohamed Sheikh Abdirahm Kariye, Ayman Latif, Steven Washburn, Nagib Ali Ghaleb, Samir Mohamed Ahmed Mohamed, Abdullatif Muthanna against All Defendants. (Wizner, Ben) (Entered: 08/06/2010)

Aug. 6, 2010

Aug. 6, 2010

RECAP
16

Notice of Appearance of Amy Elizabeth Powell appearing on behalf of All Defendants Filed by on behalf of All Defendants (Powell, Amy) (Entered: 08/10/2010)

Aug. 10, 2010

Aug. 10, 2010

PACER
17

Joint Motion for Extension of Discovery & PTO Deadlines and Request for Entry of a Scheduling Order. Filed by All Parties. (Attachments: # 1 Proposed Order) (Kelleher, Diane) (Entered: 08/12/2010)

1 Proposed Order

View on PACER

Aug. 12, 2010

Aug. 12, 2010

PACER
18

Motion for Preliminary Injunction. Oral Argument requested. Filed by All Plaintiffs. (Wizner, Ben) (Entered: 08/16/2010)

Aug. 16, 2010

Aug. 16, 2010

PACER
19

Memorandum in Support. Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 18 .) (Attachments: # 1 Declaration of Abdul Hakeim Ahmed Thabet, # 2 Declaration of Abdullatif Muthanna, # 3 Declaration of Ayman Latif, # 4 Declaration of Ben Wizner, # 5 Declaration of Elias Mustafa Mohamed, # 6 Declaration of Faisal Kashem, # 7 Declaration of Raymond Earl Knaeble IV, # 8 Declaration of Saleh A. Omar, # 9 Declaration of Samir Mohamed Ahmed Mohamed, # 10 Declaration of Steven William Washburn) (Wizner, Ben) (Entered: 08/16/2010)

1 Declaration of Abdul Hakeim Ahmed Thabet

View on PACER

2 Declaration of Abdullatif Muthanna

View on PACER

3 Declaration of Ayman Latif

View on PACER

4 Declaration of Ben Wizner

View on PACER

5 Declaration of Elias Mustafa Mohamed

View on PACER

6 Declaration of Faisal Kashem

View on PACER

7 Declaration of Raymond Earl Knaeble IV

View on PACER

8 Declaration of Saleh A. Omar

View on PACER

9 Declaration of Samir Mohamed Ahmed Mohamed

View on PACER

10 Declaration of Steven William Washburn

View on PACER

Aug. 16, 2010

Aug. 16, 2010

PACER
20

Amended Motion for Preliminary Injunction. Oral Argument requested. Filed by All Plaintiffs. (Choudhury, Nusrat) (Entered: 08/16/2010)

Aug. 16, 2010

Aug. 16, 2010

PACER
21

Corrected Memorandum in Support of Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 18, Motion for Preliminary Injunction 20 .) (Choudhury, Nusrat) (Entered: 08/16/2010)

Aug. 16, 2010

Aug. 16, 2010

PACER
22

Scheduling Order by Judge Anna J. Brown. A Telephonic Conference on the Joint Motion (#17) for Extension of Discovery & PTO Deadlines and Request for Entryof a Scheduling Order is SET for 8/25/2010 at 01:00 PM before Judge Anna J. Brown. Counsel to e-mail the courtroom deputy with their phone numbers. The Court will initiate the call. (bb) (Entered: 08/18/2010)

Aug. 18, 2010

Aug. 18, 2010

PACER
23

Notice of Appearance of James E. Cox, Jr appearing on behalf of All Defendants Filed by on behalf of All Defendants (Cox, James) (Entered: 08/18/2010)

Aug. 18, 2010

Aug. 18, 2010

PACER
24

MINUTES of Proceedings: Scheduling Conference. Joint Status Report is due 9/23/2010. Response to Amended Motion for Preliminary Injunction due 9/23/2010; Reply due 10/7/2010. Oral Argument is set for 10/21/2010 at 02:00 PM before Judge Anna J. Brown. Ben Wizner, Kevin Diaz, Steven Wilker present as counsel for plaintiff(s). Amy Powell, Diane Kelleher, Jennifer Daskal present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) (Entered: 08/30/2010)

Aug. 25, 2010

Aug. 25, 2010

PACER
25

Unopposed Motion for Extension of Time to File a Response/Reply to Amended Motion for Preliminary Injunction 20 . Filed by All Defendants. (Attachments: # 1 Proposed Order) (Kelleher, Diane) (Entered: 09/21/2010)

1 Proposed Order

View on PACER

Sept. 21, 2010

Sept. 21, 2010

PACER
26

ORDER by Judge Anna J. Brown. The Court has completed its consideration of Defendants' Unopposed Motion for an Extension of Time 25 to file their Opposition to Plaintiffs' Motion for Preliminary Injunction. The Court GRANTS the Motion as follows: Defendant's Opposition to Plaintiffs' Motion for Preliminary Injunction is now due October 14, 2010; Plaintiff's Reply is now due October 28, 2010; and the Court will set a telephone conference with counsel thereafter to schedule any needed hearing on Plaintiff's Motion. The Court directs the parties to submit an updated Joint Status Report on October 28, 2010. IT IS SO ORDERED. (bb) (Entered: 09/23/2010)

Sept. 23, 2010

Sept. 23, 2010

PACER
27

Minute Order by Judge Anna J. Brown. Oral Argument on the Motion for Preliminary Injunction set for October 21, 2010 is STRICKEN. (bb) (Entered: 09/23/2010)

Sept. 23, 2010

Sept. 23, 2010

PACER
28

Joint Status Report by All Defendants. Filed by All Defendants. (Powell, Amy) (Entered: 09/23/2010)

Sept. 23, 2010

Sept. 23, 2010

RECAP
29

Minute Order by Judge Anna J. Brown. The Court has completed its review of the Parties' Joint Status Report 28 . Before the Court adopts a schedule for the filing of dispositive motions and before the parties file any dispositive motions, the Court concludes it is necessary for Plaintiffs to decide whether they will seek leave to amend their Complaint and the Court decides, after an appropriate response from Defendants, whether the proposed amendments will be permitted (so that any dispositive motions that are filed deal with all of the issues). Accordingly, Plaintiffs must file no later than October 15, 2010, any motion for leave to amend their Complaint after conferring with Defendants. If Plaintiffs determine before then that they are not going to seek to amend the Complaint, Plaintiffs shall notify the Court and Defendants' counsel, and the Court will then set the schedule for dispositive motions, including any cross-motions for summary judgment. If Plaintffs do file a motion for leave to amend, the Court will set the dispositive motion schedule after the status of Plaintiffs' pleadings are settled. IT IS SO ORDERED. (bb) (Entered: 09/28/2010)

Sept. 28, 2010

Sept. 28, 2010

PACER
30

Unopposed Motion for Extension of Time to File Opposition to Plaintiffs' Motion for a Prelimination Injunction. Filed by All Defendants. (Attachments: # 1 Proposed Document) (Kelleher, Diane) (Entered: 10/07/2010)

1 Proposed Document

View on PACER

Oct. 7, 2010

Oct. 7, 2010

PACER
31

ORDER by Judge Anna J. Brown. Granting Defendants' Unopposed Motion 30 for Extension of Time to File Response to Amended Motion for Preliminary Injunction 20 . Response is due by 10/21/2010. Reply is due by 11/4/2010. Motion is taken under advisement as of 11/4/2010. Joint Status Report is due by 11/4/2010. (bb) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
32

Report : Plaintiffs' Notice of Intent Not to Seek Leave to Amend First Amended Complaint. Filed by All Plaintiffs. (Choudhury, Nusrat) (Entered: 10/15/2010)

Oct. 15, 2010

Oct. 15, 2010

RECAP
33

Motion to Withdraw Plaintiffs' Motion for Preliminary Injunction 18, Motion for Preliminary Injunction 20 . Filed by All Plaintiffs. (Choudhury, Nusrat) (Entered: 10/20/2010)

Oct. 20, 2010

Oct. 20, 2010

PACER
34

Joint Motion for a Scheduling Order. Filed by All Defendants. (Powell, Amy) (Entered: 10/25/2010)

Oct. 25, 2010

Oct. 25, 2010

PACER
35

ORDER by Judge Anna J. Brown. Granting Parties' Joint Motion 34 for a Scheduling Order. Government's Dispositive Motion due 11/17/2010; Plaintiff's separate response due 12/17/2010; Government's Reply due 1/11/2011. Plaintiff's separate cross-motion due 12/17/2010; Government's separate response due 1/11/2011; Plaintiff's separate reply due 1/25/2011. Oral Argument to be set at a later date. Remaining case management dates to be set when motions resolved. (bb) (Entered: 10/27/2010)

Oct. 27, 2010

Oct. 27, 2010

PACER
36

Joint Status Report. Filed by All Parties. (Choudhury, Nusrat) (Entered: 11/04/2010)

Nov. 4, 2010

Nov. 4, 2010

PACER
37

Unopposed Motion to File Excess Pages. Filed by All Defendants. (Powell, Amy) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

PACER
38

Minute Order by Judge Anna J. Brown. The Court acknowledges Plaintiffs' Notice 33 of Withdrawal Without Prejudice of Plaintiffs' Motion for a Preliminary Injunction. Plaintiffs' Motion 18 for a Preliminary Injunction and Amended Motion 20 for a Preliminary Injunction are WITHDRAWN. (bb) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
39

ORDER by Judge Anna J. Brown. Granting Defendants' Unopposed Motion 37 to Exceed Page Limit in Memorandum in Support of Motion for Summary Judgment. Defendants may file a 60 page memorandum in support of their summary judgment motion. (bb) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
40

Unopposed Motion for Status Conference (Expedited Consideration Requested). Filed by All Plaintiffs. (Attachments: # 1 Attachment Declaration and Exhibit) (Choudhury, Nusrat) (Entered: 11/16/2010)

1 Attachment Declaration and Exhibit

View on PACER

Nov. 16, 2010

Nov. 16, 2010

PACER
41

Joint Stipulation Statement of Stipulated Facts by All Defendants. Filed by All Defendants. (Powell, Amy) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

RECAP
42

Notice of Lodging Ex Parte, In Camera Material Filed by All Defendants (Powell, Amy) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

PACER
43

Motion to Dismiss, Motion for Summary Judgment. Oral Argument requested. Filed by All Defendants. (Powell, Amy) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

PACER
44

Memorandum in Support. Filed by All Defendants. (Related document(s): Motion to Dismiss, Motion for Summary Judgment 43 .) (Attachments: # 1 Attachment Declaration of Christopher Piehota, # 2 Attachment Declaration of Mark Giuliano, # 3 Attachment Declaration of James Kennedy, # 4 Exhibit A to Kennedy Declaration, # 5 Exhibit B to Kennedy Declaration, # 6 Attachment Declaration of Kevin McAleenan, # 7 Attachment Declaration of Sharon Raya) (Powell, Amy) (Entered: 11/17/2010)

1 Attachment Declaration of Christopher Piehota

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2 Attachment Declaration of Mark Giuliano

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3 Attachment Declaration of James Kennedy

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4 Exhibit A to Kennedy Declaration

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5 Exhibit B to Kennedy Declaration

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6 Attachment Declaration of Kevin McAleenan

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7 Attachment Declaration of Sharon Raya

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Nov. 17, 2010

Nov. 17, 2010

RECAP
45

Concise Statement of Material Fact. Filed by All Defendants. (Related document(s): Motion to Dismiss, Motion for Summary Judgment 43 .) (Powell, Amy) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

PACER
46

Notice of Filing Substitute Copies of Declarations Submitted in Support of Motion for Summary Judgment Filed by All Defendants (Attachments: # 1 Declaration of Mark Giuliano (Cleaner Copy), # 2 Declaration of Sharon Raya (Cleaner Copy)) (Powell, Amy) (Entered: 11/23/2010)

1 Declaration of Mark Giuliano (Cleaner Copy)

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2 Declaration of Sharon Raya (Cleaner Copy)

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Nov. 23, 2010

Nov. 23, 2010

PACER
47

Scheduling Order by Judge Anna J. Brown. A Telephonic Status Conference is SET for 11/29/2010 at 10:00 AM before Judge Anna J. Brown. Counsel to e-mail the courtroom deputy with their phone numbers. The Court will initiate the call. (bb) (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
48

MINUTES of Proceedings: R16 Conference. The Court first will address Defendants' jurisdictional and dismissal challenges raised in their Motion to Dismiss and briefed at pages 15-20 of their supporting Memorandum (#44). Plaintiffs' opposition to this portion of Defendants' combined Motions (#43) is due no later than December 15, 2010. Defendants' reply is due no later than January 7, 2011. Oral Argument is set for 1/21/2011, at 1:30 p.m. No later than December 15, 2010, Plaintiffs shall file their Motion and separate supporting Memorandum challenging Defendants' support of their alternative Motion for Summary Judgment with material to which Plaintiffs do not have access. Defendants' opposition is due no later than January 7, 2011. No reply permitted. Oral Argument is SET for 01/21/2011, at 1:30 p.m. See attached. Ben Wizner, Kevin Diaz, Nusrat Choudhury, Steven Wilker present as counsel for plaintiff(s). Amy Powell present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) Modified on 11/30/2010 to correct dates from 2010 to 2011 (bb). (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
49

Notice re Notice 42 of Filing Filed by All Defendants (Related document(s): Notice 42 .) (Kelleher, Diane) (Entered: 12/13/2010)

Dec. 13, 2010

Dec. 13, 2010

PACER
50

Memorandum in Opposition to Motion to Dismiss Motion for Summary Judgment 43 Oral Argument requested. Filed by All Plaintiffs. (Wizner, Ben) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

RECAP
51

Motion to Strike or Compel Disclosure of Defendants' Ex Parte Submissions. Oral Argument requested. Filed by All Plaintiffs. (Choudhury, Nusrat) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
52

Memorandum in Support. Filed by All Plaintiffs. (Related document(s): Motion to Strike 51 .) (Choudhury, Nusrat) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
53

Supplemental Memorandum in Support of Defendants' Motion to Dismiss (Reply Memorandum). Filed by All Defendants. (Related document(s): Motion to Dismiss, Motion for Summary Judgment 43 .) (Attachments: # 1 Exhibit) (Kelleher, Diane) (Entered: 01/07/2011)

1 Exhibit

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Jan. 7, 2011

Jan. 7, 2011

PACER
54

Memorandum in Opposition to Motion to Strike or Compel Disclosure of Defendants' Ex Parte Submissions 51 . Filed by All Defendants. (Attachments: # 1 Exhibit A - Second Declaration of Christopher Piehota, # 2 Exhibit B - January 4, 20100 Letter to Wizner) (Powell, Amy) (Entered: 01/07/2011)

1 Exhibit A - Second Declaration of Christopher Piehota

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2 Exhibit B - January 4, 20100 Letter to Wizner

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Jan. 7, 2011

Jan. 7, 2011

PACER
55

Motion for Leave to Appear Pro Hac Vice Mitchell P. Hurley. Filed by All Plaintiffs. (Wilker, Steven) (Entered: 01/14/2011)

Jan. 14, 2011

Jan. 14, 2011

PACER
56

Motion for Leave to Appear Pro Hac Vice Justin H. Bell. Filed by All Plaintiffs. (Wilker, Steven) (Entered: 01/14/2011)

Jan. 14, 2011

Jan. 14, 2011

PACER
57

Motion for Leave to Appear Pro Hac Vice Christopher M. Egleson. Filed by All Plaintiffs. (Wilker, Steven) (Entered: 01/14/2011)

Jan. 14, 2011

Jan. 14, 2011

PACER
58

Joint Notice re Motion to Strike 51 Agreement Regarding Consideration of Plaintiffs' Motion to Strike or to Compel Disclosure Filed by All Parties (Related document(s): Motion to Strike 51 .) (Attachments: # 1 Exhibit) (Choudhury, Nusrat) (Entered: 01/20/2011)

1 Exhibit

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Jan. 20, 2011

Jan. 20, 2011

PACER
59

Order - Granting Application for Special Admission Pro Hac Vice of Mitchell P. Hurley for Adama Bah,Nagib Ali Ghaleb,Mohamed Sheikh Abdirahm Kariye,Raymond Earl Knaeble, IV, Ayman Latif, Samir Mohamed Ahmed Mohamed,Abdullatif Muthanna, Saleh A. Omar, Halime Sat, Steven Washburn. Application Fee in amount of $100 collected. Receipt No. 38154 issued. Signed on 1/20/2011 by Judge Anna J. Brown. (ecp) (Entered: 01/21/2011)

Jan. 21, 2011

Jan. 21, 2011

PACER
60

Order - Granting Application for Special Admission Pro Hac Vice of Justin H. Bell for Adama Bah, Nagib Ali Ghaleb, Mohamed Sheikh Abdirahm Kariye,Raymond Earl Knaeble, IV,Ayman Latif,Samir Mohamed Ahmed Mohamed, Abdullatif Muthanna, Saleh A. Omar, Halime Sat, and Steven Washburn. Application Fee in amount of $100 collected. Receipt No. 38155 issued. Signed on 1/20/2011 by Judge Anna J. Brown. (ecp) (Entered: 01/21/2011)

Jan. 21, 2011

Jan. 21, 2011

PACER
61

Order - Granting Application for Special Admission Pro Hac Vice of Christopher M. Egleson for Adama Bah, Nagib Ali Ghaleb, Mohamed Sheikh Abdirahm Kariye,Raymond Earl Knaeble, IV, Ayman Latif, Samir Mohamed Ahmed Mohamed,Abdullatif Muthanna,Saleh A. Omar, Halime Sat,and Steven Washburn. Application Fee in amount of $100 collected. Receipt No. 38153 issued. Signed on 1/20/2011 by Judge Anna J. Brown. (ecp) (Entered: 01/21/2011)

Jan. 21, 2011

Jan. 21, 2011

PACER
62

MINUTES of Proceedings: The Court heard oral argument on that portion of Defendants' Motion to Dismiss or for Summary Judgment (#43) that asserts the Court lacks subject matter jurisdiction over this action pursuant to 49 USC Section 46110. At the conclusion of the hearing and in lieu of ruling on the jurisdictional aspects of Defendants' Motion on the existing record, the Court granted Plaintiffs leave to file no later than February 4, 2011, a Second Amended Complaint that is a plain and concise statement of their intended claims pursuant to Fed. R. Civ. P. 8(a) and that sets forth the jurisdictional and elemental bases for such claims. Defendants may file no later than February 18, 2011, a final memorandum in support of the jurisdictional challenges raised in their Motion (#43). Plaintiffs may file no later than March 4, 2011, their final memorandum in opposition to dismissal for lack of subject matter jurisdiction. The Court will then take the jurisdictional challenge under advisement on March 4, 2011. In the meantime, the remainder of Defendants' Motion (#43) and Plaintiffs' Motion to Strike (#51) remain pending. Ben Wizner, Kevin Diaz, Nusrat Choudhury, Steven Wilker present as counsel for plaintiff(s). Amy Powell, Diane Kelleher present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) (Entered: 01/21/2011)

Jan. 21, 2011

Jan. 21, 2011

PACER
63

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on January 21, 2011 before Judge Anna J. Brown, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 2/10/2011. Redaction Request due 2/25/2011. Redacted Transcript Deadline set for 3/7/2011. Release of Transcript Restriction set for 5/5/2011. (LeGore, Amanda) (Entered: 01/31/2011)

Jan. 31, 2011

Jan. 31, 2011

RECAP
64

Second Amended Complaint.Filed by Raymond Earl Knaeble, IV, Saleh A. Omar, Mohamed Sheikh Abdirahm Kariye, Ayman Latif, Nagib Ali Ghaleb, Samir Mohamed Ahmed Mohamed, Abdullatif Muthanna, Steven Washburn against All Defendants. (Wizner, Ben) (Entered: 02/04/2011)

Feb. 4, 2011

Feb. 4, 2011

PACER
65

Supplemental Reply by Defendants in Further Support to Motion to Dismiss Motion for Summary Judgment 43 . Filed by All Defendants. (Kelleher, Diane) (Entered: 02/18/2011)

Feb. 18, 2011

Feb. 18, 2011

RECAP
66

Notice re Motion to Dismiss, Motion for Summary Judgment 43 of Withdrawal of Certain Arguments and Materials Filed by All Defendants (Related document(s): Motion to Dismiss, Motion for Summary Judgment 43 .) (Kelleher, Diane) (Entered: 02/24/2011)

Feb. 24, 2011

Feb. 24, 2011

PACER
67

Supplemental Memorandum in Opposition to Motion to Dismiss Motion for Summary Judgment 43 . Filed by Abdul Hakeim Thabet Ahmed, Salah Ali Ahmed, Nagib Ali Ghaleb, Mohamed Sheikh Abdirahm Kariye, Faisal Nabin Kashem, Raymond Earl Knaeble, IV, Ayman Latif, Ibraheim Y. Mashal, Amir Meshal, Elias Mustafa Mohamed, Samir Mohamed Ahmed Mohamed, Abdullatif Muthanna, Saleh A. Omar, Stephen Durga Persaud, Steven William Washburn. (Wizner, Ben) (Entered: 03/04/2011)

March 4, 2011

March 4, 2011

RECAP
68

Order by Judge Anna J. Brown. In light of Defendants' Notice (#66) of Withdrawal of Certain Arguments and Materials, the Court directs Classified Information Officer Scooter Slade to retrieve from the Court's custody all materials Defendants submitted ex parte and in camera. IT IS SO ORDERED. (bb) (Entered: 03/08/2011)

March 8, 2011

March 8, 2011

PACER
69

Order. The Court GRANTS Defendants' Motion 43 to Dismiss this action for failure to join an indispensable party and for lack of subject-matter jurisdiction. Signed on 05/03/2011 by Judge Anna J. Brown. See 16 page Opinion and Order for full text. (bb) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

RECAP
70

Judgment. Based on the Court's Opinion and Order 69 issued May 3, 2011, the Court DISMISSES this matter. Signed on 05/05/2011 by Judge Anna J. Brown. See 2 page Judgment. (bb) (Entered: 05/05/2011)

May 5, 2011

May 5, 2011

RECAP
71

Notice of Appeal to the 9th Circuit from Judgment 70 . Filed by Abdul Hakeim Thabet Ahmed, Salah Ali Ahmed, Nagib Ali Ghaleb, Mohamed Sheikh Abdirahm Kariye, Faisal Nabin Kashem, Raymond Earl Knaeble, IV, Ayman Latif, Ibraheim Y. Mashal, Amir Meshal, Elias Mustafa Mohamed, Samir Mohamed Ahmed Mohamed, Abdullatif Muthanna, Saleh A. Omar, Stephen Durga Persaud, Steven William Washburn. (Wizner, Ben) (Entered: 05/12/2011)

May 12, 2011

May 12, 2011

RECAP
72

Representation Statement re Notice of Appeal, 71 . Filed by Abdul Hakeim Thabet Ahmed, Salah Ali Ahmed, Nagib Ali Ghaleb, Mohamed Sheikh Abdirahm Kariye, Faisal Nabin Kashem, Raymond Earl Knaeble, IV, Ayman Latif, Ibraheim Y. Mashal, Amir Meshal, Elias Mustafa Mohamed, Samir Mohamed Ahmed Mohamed, Abdullatif Muthanna, Saleh A. Omar, Stephen Durga Persaud, Steven William Washburn. (Wizner, Ben) (Entered: 05/12/2011)

May 12, 2011

May 12, 2011

RECAP

USCA Case Number

May 13, 2011

May 13, 2011

PACER

USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal, 71 Case Appealed to 9th Circuit Court of Appeals Case Number 11-35407 assigned. (sd)

May 13, 2011

May 13, 2011

PACER

Fee Paid

May 13, 2011

May 13, 2011

PACER

USCA Appeal Fees re Notice of Appeal, 71 : Received Fee in amount of $ 455. Receipt number 40492 issued. (msk)

May 13, 2011

May 13, 2011

PACER
73

ORDER by Judge Ancer L. Haggerty: When due, the Administrative Record should be submitted in CD Format only. No paper copy is necessary. (sp) (Entered: 06/22/2011)

June 22, 2011

June 22, 2011

PACER
74

Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a). A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: Docket #73 was entered in the wrong case and should be disregarded by the parties. (sm) (Entered: 06/22/2011)

June 22, 2011

June 22, 2011

PACER
75

MANDATE of USCA for the 9th Circuit, USCA # 11-35407, re Notice of Appeal, 71 . The decision of the District Court is Reversed and Remanded. (Attachments: # 1 Appeal Opinion) (cp) (Entered: 11/28/2012)

1 Appeal Opinion

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Nov. 19, 2012

Nov. 19, 2012

PACER
76

The Mandate 75 having been filed, the Court directs the parties to submit a jointly proposed case management plan and schedule no later than December 10, 2012, after which the Court will convene a Rule 16 Conference. In the meantime, counsel shall also inform the Courtroom Deputy of their availability for the Rule 16 Conference on dates after December 10, 2012. (bb) (Entered: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

PACER
77

Joint Status Report and Case Management Plan. Filed by All Parties. (Attachments: # 1 Proposed Order) (Choudhury, Nusrat) (Entered: 12/10/2012)

1 Proposed Order

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Dec. 10, 2012

Dec. 10, 2012

PACER
78

Order Granting Application for Special Admission Pro Hac Vice of Hina Shamsi for Abdul Hakeim Thabet Ahmed,Hina Shamsi for Salah Ali Ahmed,Hina Shamsi for Nagib Ali Ghaleb,Hina Shamsi for Mohamed Sheikh Abdirahm Kariye,Hina Shamsi for Faisal Nabin Kashem,Hina Shamsi for Raymond Earl Knaeble, IV,Hina Shamsi for Ayman Latif,Hina Shamsi for Ibraheim Y. Mashal,Hina Shamsi for Amir Meshal,Hina Shamsi for Elias Mustafa Mohamed,Hina Shamsi for Samir Mohamed Ahmed Mohamed,Hina Shamsi for Abdullatif Muthanna,Hina Shamsi for Saleh A. Omar,Hina Shamsi for Stephen Durga Persaud,Hina Shamsi for Steven William Washburn. Application Fee in amount of $100 collected. Receipt No. 49952 issued. Signed on 12/11/2012 by Judge Anna J. Brown. (ecp) (Entered: 12/13/2012)

Dec. 11, 2012

Dec. 11, 2012

PACER
79

Scheduling Order by Judge Anna J. Brown. A Scheduling Conference is SET for 12/19/2012 at 01:30 PM before Judge Anna J. Brown. Counsel may appear by telephone by e-mailing the courtroom deputy with their contact information. (bb) (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

PACER
80

MINUTES of Proceedings: Scheduling Conference. Third Amended Complaint due 01/11/2013. Joint Statement of Agreed Facts due 02/03/2013. Defendants' Motion(s) against the Third Amended Complaint due 02/13/2013. Plaintiffs' Opposition and separately filed cross-motion are due 03/15/2013. Defendants' Reply and separately filed opposition are due 04/05/2013. Plaintiffs' Reply is due 04/19/2013. The Court will schedule Oral Argument on these motions in due course. Other case management issues will be addressed after resolution of these motions. See attached Order for full text. Hini Shamsi, Nusrat Choudhury, Steven Wilker, Kevin Diaz present as counsel for plaintiff(s). Diane Kelleher, Amy Powell, James Cox present as counsel for defendant(s). Court Reporter: Bridget Montero. Judge Anna J. Brown presiding. (bb) Modified on 12/20/2012 to correct typos (bb). (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

PACER
81

Notice of Appearance of Scott A. Risner appearing on behalf of All Defendants Filed by on behalf of All Defendants (Risner, Scott) (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

PACER
82

Notice of Appearance of Lily S. Farel appearing on behalf of All Defendants Filed by on behalf of All Defendants (Farel, Lily) (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

PACER
83

Third Amended Complaint . Filed by Amir Meshal, Elias Mustafa Mohamed, Raymond Earl Knaeble, IV, Salah Ali Ahmed, Ayman Latif, Faisal Nabin Kashem, Nagib Ali Ghaleb, Stephen Durga Persaud, Ibraheim Y. Mashal, Mohamed Sheikh Abdirahm Kariye, Abdullatif Muthanna, Steven William Washburn against All Defendants. (Choudhury, Nusrat) (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

PACER
84

Joint Stipulation (Joint Statement of Stipulated Facts) by Salah Ali Ahmed, Federal Bureau of Investigation, Nagib Ali Ghaleb, Mohamed Sheikh Abdirahm Kariye, Faisal Nabin Kashem, Raymond Earl Knaeble, IV, Ayman Latif, Ibraheim Y. Mashal, Amir Meshal, Elias Mustafa Mohamed, Abdullatif Muthanna, Stephen Durga Persaud, Terrorist Screening Center, United States Department of Justice, Steven William Washburn. Filed by Salah Ali Ahmed, Federal Bureau of Investigation, Nagib Ali Ghaleb, Mohamed Sheikh Abdirahm Kariye, Faisal Nabin Kashem, Raymond Earl Knaeble, IV, Ayman Latif, Ibraheim Y. Mashal, Amir Meshal, Elias Mustafa Mohamed, Abdullatif Muthanna, Stephen Durga Persaud, Terrorist Screening Center, United States Department of Justice, Steven William Washburn. (Choudhury, Nusrat) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
85

Motion for Partial Summary Judgment . Filed by All Defendants. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Cindy A. Coppola, # 3 Attachment to Coppola Declaration) (Farel, Lily) (Entered: 02/13/2013)

1 Memorandum in Support

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2 Declaration of Cindy A. Coppola

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3 Attachment to Coppola Declaration

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Feb. 13, 2013

Feb. 13, 2013

PACER
86

Notice re Motion for Partial Summary Judgment 85 of Intent to Lodge Ex Parte In Camera Material Filed by All Defendants (Related document(s): Motion for Partial Summary Judgment 85 .) (Farel, Lily) (Entered: 02/13/2013)

Feb. 13, 2013

Feb. 13, 2013

PACER
87

Certificate of Compliance with LR 7-1(a). Filed by All Defendants. (Related document(s): Motion for Partial Summary Judgment 85 .) (Risner, Scott) (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

PACER
88

Unopposed Motion for Extension of Time to File Plaintiffs' Cross-Motion for Partial Summary Judgment and memorandum in opposition to Defendants' Motion for Partial Summary Judgment. Filed by All Plaintiffs. (Attachments: # 1 Attachment) (Choudhury, Nusrat) (Entered: 03/08/2013)

1 Attachment

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March 8, 2013

March 8, 2013

PACER
89

ORDER by Judge Anna J. Brown. Granting Motion for Extension of Time 88 . Plaintiffs' Memorandum in Opposition to Defendants' Motion for Partial Summary Judgment and Plaintiffs' separately filed Cross-Motion for Partial Summary Judgment, and supporting submission are now due 03/22/2013. Defendants' Reply in support of their Motion for Partial Summary Judgment and separately filed Opposition to Plaintiffs' Cross-Motion for Partial Summary Judgment are due 4/12/2013. Plaintiffs' reply in support of their Cross-Motion for Summary Judgment is due 04/26/2013. Motion is taken under advisement as of 4/26/2013. (bb) (Entered: 03/11/2013)

March 11, 2013

March 11, 2013

PACER
90

Order by Judge Anna J. Brown. The Court has reviewed the Application for Special Admission - Pro Hac Vice of Rita M. Siemion who seeks to file as amicus curiae a brief on behalf of The Constitution Project. In the Application, Ms. Siemion explains why she presently does not carry professional liability insurance. Ms. Siemion does not explain, however, whether The Constitution Project consents to her representation without such insurance, a fact the Court finds important to resolving whether she should be admitted pro hac vice in this case. Accordingly, the Court holds this Application in abeyance pending a further submission by Ms. Siemion addressing this question. In addition, to the extent any party to this matter has any position on this Application, the party should make an appropriate filing to express the same no later than March 25, 2013. (bb) (Entered: 03/19/2013)

March 19, 2013

March 19, 2013

PACER
91

Cross Motion for Partial Summary Judgment . Oral Argument requested. Filed by Salah Ali Ahmed, Nagib Ali Ghaleb, Mohamed Sheikh Abdirahm Kariye, Faisal Nabin Kashem, Raymond Earl Knaeble, IV, Ayman Latif, Ibraheim Y. Mashal, Amir Meshal, Elias Mustafa Mohamed, Samir Mohamed Ahmed Mohamed, Abdullatif Muthanna, Stephen Durga Persaud, Steven William Washburn. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Salah Ali Ahmed, # 3 Declaration of Nagib Ali Ghaleb, # 4 Declaration of Mohamed Sheikh Abdirahman Kariye, # 5 Declaration of Faisal Nabin Kashem, # 6 Declaration of Raymond Earl Knaeble IV, # 7 Declaration of Allah R. Rana, # 8 Declaration of Mashaal Rana, # 9 Declaration of Nauman Rana, # 10 Declaration of Ibraheim Mashal, # 11 Declaration of Amir Meshal, # 12 Declaration of Elias Mustafa Mohamed, # 13 Declaration of Stephen Persaud, # 14 Declaration of Steven William Washburn, # 15 Declaration of Nusrat J. Choudhury, # 16 Exhibit A to Choudhury Declaration, # 17 Exhibit B to Choudhury Declaration, # 18 Exhibit C to Choudhury Declaration, # 19 Exhibit D to Choudhury Declaration, # 20 Exhibit E to Choudhury Declaration, # 21 Exhibit F to Choudhury Declaration, # 22 Exhibit G to Choudhury Declaration, # 23 Exhibit H Choudhury Declaration, # 24 Exhibit I to Choudhury Declaration, # 25 Exhibit J to Choudhury Declaration, # 26 Exhibit K to Choudhury Declaration, # 27 Exhibit L to Choudhury Declaration) (Shamsi, Hina) (Entered: 03/22/2013)

1 Memorandum of Points and Authorities

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2 Declaration of Salah Ali Ahmed

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3 Declaration of Nagib Ali Ghaleb

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4 Declaration of Mohamed Sheikh Abdirahman Kariye

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5 Declaration of Faisal Nabin Kashem

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6 Declaration of Raymond Earl Knaeble IV

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7 Declaration of Allah R. Rana

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8 Declaration of Mashaal Rana

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9 Declaration of Nauman Rana

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10 Declaration of Ibraheim Mashal

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11 Declaration of Amir Meshal

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12 Declaration of Elias Mustafa Mohamed

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13 Declaration of Stephen Persaud

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14 Declaration of Steven William Washburn

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15 Declaration of Nusrat J. Choudhury

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16 Exhibit A to Choudhury Declaration

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17 Exhibit B to Choudhury Declaration

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18 Exhibit C to Choudhury Declaration

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19 Exhibit D to Choudhury Declaration

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20 Exhibit E to Choudhury Declaration

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21 Exhibit F to Choudhury Declaration

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22 Exhibit G to Choudhury Declaration

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23 Exhibit H Choudhury Declaration

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24 Exhibit I to Choudhury Declaration

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25 Exhibit J to Choudhury Declaration

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26 Exhibit K to Choudhury Declaration

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27 Exhibit L to Choudhury Declaration

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March 22, 2013

March 22, 2013

RECAP
92

Response in Opposition to Motion for Partial Summary Judgment 85 Oral Argument requested. Filed by Salah Ali Ahmed, Nagib Ali Ghaleb, Mohamed Sheikh Abdirahm Kariye, Faisal Nabin Kashem, Raymond Earl Knaeble, IV, Ayman Latif, Ibraheim Y. Mashal, Amir Meshal, Elias Mustafa Mohamed, Abdullatif Muthanna, Stephen Durga Persaud, Steven William Washburn. (Attachments: # 1 Declaration of Salah Ali Ahmed, # 2 Declaration of Nagib Ali Ghaleb, # 3 Declaration of Mohamed Sheikh Abdirahman Kariye, # 4 Declaration of Faisal Nabin Kashem, # 5 Declaration of Raymond Earl Knaeble IV, # 6 Declaration of Allah R. Rana, # 7 Declaration of Mashaal Rana, # 8 Declaration of Nauman Rana, # 9 Declaration of Ibraheim Mashal, # 10 Declaration of Amir Meshal, # 11 Declaration of Elias Mustafa Mohamed, # 12 Declaration of Stephen Persaud, # 13 Declaration of Steven William Washburn, # 14 Declaration of Nusrat J. Choudhury, # 15 Exhibit A to Choudhury Declaration, # 16 Exhibit B to Choudhury Declaration, # 17 Exhibit C to Choudhury Declaration, # 18 Exhibit D to Choudhury Declaration, # 19 Exhibit E to Choudhury Declaration, # 20 Exhibit F to Choudhury Declaration, # 21 Exhibit G to Choudhury Declaration, # 22 Exhibit H to Choudhury Declaration, # 23 Exhibit I to Choudhury Declaration, # 24 Exhibit J to Choudhury Declaration, # 25 Exhibit K to Choudhury Declaration, # 26 Exhibit L to Choudhury Declaration) (Shamsi, Hina) (Entered: 03/22/2013)

1 Declaration of Salah Ali Ahmed

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2 Declaration of Nagib Ali Ghaleb

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3 Declaration of Mohamed Sheikh Abdirahman Kariye

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4 Declaration of Faisal Nabin Kashem

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5 Declaration of Raymond Earl Knaeble IV

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6 Declaration of Allah R. Rana

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7 Declaration of Mashaal Rana

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8 Declaration of Nauman Rana

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9 Declaration of Ibraheim Mashal

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10 Declaration of Amir Meshal

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11 Declaration of Elias Mustafa Mohamed

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12 Declaration of Stephen Persaud

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13 Declaration of Steven William Washburn

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14 Declaration of Nusrat J. Choudhury

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15 Exhibit A to Choudhury Declaration

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16 Exhibit B to Choudhury Declaration

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17 Exhibit C to Choudhury Declaration

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18 Exhibit D to Choudhury Declaration

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19 Exhibit E to Choudhury Declaration

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20 Exhibit F to Choudhury Declaration

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21 Exhibit G to Choudhury Declaration

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22 Exhibit H to Choudhury Declaration

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23 Exhibit I to Choudhury Declaration

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24 Exhibit J to Choudhury Declaration

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25 Exhibit K to Choudhury Declaration

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26 Exhibit L to Choudhury Declaration

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March 22, 2013

March 22, 2013

PACER
93

Unopposed Motion to Supplement the Record on the Parties Cross-Motions for Partial Summary Judgment. Filed by Salah Ali Ahmed, Nagib Ali Ghaleb, Mohamed Sheikh Abdirahm Kariye, Faisal Nabin Kashem, Raymond Earl Knaeble, IV, Ayman Latif, Ibraheim Y. Mashal, Amir Meshal, Elias Mustafa Mohamed, Abdullatif Muthanna, Stephen Durga Persaud, Steven William Washburn. (Attachments: # 1 Attachment) (Choudhury, Nusrat) (Entered: 03/26/2013)

1 Attachment

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March 26, 2013

March 26, 2013

PACER
94

Order Granting Application for Special Admission Pro Hac Vice of Rita M. Siemion for Constitution Project. Application Fee in amount of $100 collected. Receipt No. 51324 issued. Signed on 3/27/2013 by Judge Anna J. Brown. (ecp) (Entered: 03/28/2013)

March 27, 2013

March 27, 2013

PACER
95

ORDER by Judge Anna J. Brown. Granting Plaintiff's Unopposed Motion to Supplement the Record on the Parties' Cross-Motions for Partial Summary Judgment 93 . (bb) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

PACER
96

Unopposed Motion to Appear as Amicus Curiae . Filed by Constitution Project. (Attachments: # 1 Exhibit Exhibit A) (Siemion, Rita) (Entered: 03/29/2013)

1 Exhibit Exhibit A

View on PACER

March 29, 2013

March 29, 2013

PACER

Case Details

State / Territory: Oregon

Case Type(s):

National Security

Key Dates

Filing Date: June 30, 2010

Closing Date: Dec. 16, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are citizens and lawful permanent residents of the United States who have been denied boarding on flights originating in or destined for the United States because they were included on a "No Fly List," as established by the U.S. Department of Homeland Security (DHS) and U.S. Transportation and Security Administration (TSA).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU of Northern California

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Justice, Federal

Federal Bureau of Investigation, Federal

Terrorist Screening Center, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Right to travel

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Implement complaint/dispute resolution process

Reporting

Required disclosure

Preliminary relief request withdrawn/mooted

Issues

General:

Access to lawyers or judicial system

Inadequate citizen complaint investigations and procedures

International law

Over/Unlawful Detention

Terrorism/Post 9-11 issues

Watchlist

Type of Facility:

Government-run

Immigration/Border:

Admission - procedure

Constitutional rights

Status/Classification