Case: Al-Aulaqi v. Panetta

1:12-cv-01192 | U.S. District Court for the District of District of Columbia

Filed Date: July 18, 2012

Closed Date: April 4, 2014

Clearinghouse coding complete

Case Summary

In July 2012, Plaintiffs, representing the estates of their respective children, filed suit in United States District Court for the District of Columbia against the United States and Department of Defense officials in their personal capacities. Represented by the American Civil Liberties Union and the Center for Constitutional Rights, the plaintiffs alleged that the United States directed and authorized missile strikes resulting in citizens' deaths abroad, in violation of the Fifth and Fourth A…

In July 2012, Plaintiffs, representing the estates of their respective children, filed suit in United States District Court for the District of Columbia against the United States and Department of Defense officials in their personal capacities. Represented by the American Civil Liberties Union and the Center for Constitutional Rights, the plaintiffs alleged that the United States directed and authorized missile strikes resulting in citizens' deaths abroad, in violation of the Fifth and Fourth Amendments and the Bill of Attainder Clause.

The defendants moved to dismiss the case in December 2012 under several theories precluding judicial review, including lack of standing, separation of powers concerns, the presence of non-justiciable political questions, and qualified immunity of the federal officials. The district court scheduled oral arguments for July 2013. Meanwhile, the district court took judicial notice of a New York Times article by Charlie Savage, U.S. Admits for First Time Drones Killed 4 Americans, N.Y. Times, May 22, 2013, and requested briefing on how the statements of the Attorney General of the United States affected the legal issues in the case.

On April 4, 2014, the Court granted Defendants' motion to dismiss, due heavily to special factors that precluded a cause of action under Bivens. The Court found no Fourth Amendment claim because there was no actual seizure of the decedents. The Court found no Fifth Amendment claim for two of the Plaintiffs because their deaths were unanticipated, which amounted only to negligence and not a violation of Fifth Amendment substantive due process rights. The Court stated the claim against the third decedent appeared plausible as the death was not unintended. The Court then found that applying Bivens in this case would be inappropriate, as it would be an unprecedented application of Bivens which would "draw the Court into 'the heart of executive and military planning and deliberation'" because the Court would have to examine national security policy, military chain of command, and operational combat decisions. Al-Aulaqi v. Panetta, 35 F. Supp. 3d 56, 77 (D.D.C 2014), quoting Lebron v. Rumseld, 670 F.3d 540, 550 (D.C. Cir. 2012). The Court finally found that Bill of Attainder claim was unfounded as Plaintiffs could point to no legislative action. 35 F. Supp. 3d 56.

The case is now closed.

Summary Authors

Elizabeth Homan (11/1/2013)

Cade Boland (3/19/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4211625/parties/al-aulaqi-v-panetta/


Judge(s)

Collyer, Rosemary M. (District of Columbia)

Attorney for Plaintiff

Jaffer, Jameel (New York)

Kaufman, Brett Max (New York)

Kebriaei, Pardiss (New York)

Attorney for Defendant

Holder, Eric H. Jr. (District of Columbia)

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Documents in the Clearinghouse

Document

1:12-cv-01192

Docket

June 3, 2014

June 3, 2014

Docket
3

1:12-cv-01192

Complaint

July 18, 2012

July 18, 2012

Complaint

2012 WL 3024212

26-1

1:12-cv-01192

[Correspondence] Exhibit 1

May 22, 2013

May 22, 2013

Correspondence

U.S. Acknowledges Killing Four Americans in Drone Strikes

[NA]

No Court

May 22, 2013

May 22, 2013

Press Release
26-2

1:12-cv-01192

Exhibit 2 (Remarks by the President on the Future of Our Fight Against Terrorism)

No Court

May 23, 2013

May 23, 2013

Transcript
36

1:12-cv-01192

Memorandum and Opinion

April 4, 2014

April 4, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4211625/al-aulaqi-v-panetta/

Last updated April 8, 2025, 10:16 a.m.

ECF Number Description Date Link Date / Link

SUMMONS (6) Issued as to WILLIAM H. MCRAVEN, LEON EDWARD PANETTA, DAVID PETRAEUS, JOSEPH VOTEL, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 07/23/2012)

July 18, 2012

July 18, 2012

1

MOTION for Leave to File COMPLAINT WITHOUT LISTING THEIR HOME ADDRESSES by NASSER AL-AULAQI, SARAH KHAN (rdj) (Entered: 07/23/2012)

July 18, 2012

July 18, 2012

RECAP
2

ORDER granting 1 Motion for Leave to File COMPLAINT WITHOUT LISTING THEIR HOME ADDRESSES. Signed by Judge John D. Bates on July 18, 2012. (rdj) (Entered: 07/23/2012)

July 18, 2012

July 18, 2012

PACER
3

COMPLAINT against WILLIAM H. MCRAVEN, LEON EDWARD PANETTA, DAVID PETRAEUS, JOSEPH VOTEL ( Filing fee $ 350, receipt number 4616050207) filed by NASSER AL-AULAQI, SARAH KHAN. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 07/23/2012)

1 Civil Cover Sheet

View on PACER

July 18, 2012

July 18, 2012

RECAP
4

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/23/2012. Answer due for ALL FEDERAL DEFENDANTS by 9/21/2012. (Attachments: # 1 Declaration of service of process on U.S. Attorney)(Spitzer, Arthur) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Hina Shamsi, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, 18th floor, New York, NY 10004. Phone No. - 212-284-7321. Fax No. - 212-549-2654 by NASSER AL-AULAQI, SARAH KHAN (Attachments: # 1 Declaration of Hina Shamsi, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jameel Jaffer, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, 18th floor, New York, NY 10004. Phone No. - 212-519-7814. Fax No. - 212-549-2654 by NASSER AL-AULAQI, SARAH KHAN (Attachments: # 1 Declaration of Jameel Jaffer, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Maria LaHood, :Firm- Center for Constitutional Rights, :Address- 666 Broadway, 7th Floor, New York, NY 10012. Phone No. - (212) 614-6430. Fax No. - (212) 614-6499 by NASSER AL-AULAQI, SARAH KHAN (Attachments: # 1 Declaration of Maria LaHood, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Pardiss Kebriaei, :Firm- Center for Constitutional Rights, :Address- 666 Broadway, 7th Floor, New York, NY 10012. Phone No. - (212) 614-6452. Fax No. - (212) 614-6499 by NASSER AL-AULAQI, SARAH KHAN (Attachments: # 1 Declaration of Pardiss Kebriaei, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER

MINUTE ORDER granting 7 Motion for Leave for Maria LaHood to Appear Pro Hac Vice; granting 8 Motion for Leave for Pardiss Kebriaei to Appear Pro Hac Vice. Signed by Judge Rosemary M. Collyer on 7/30/2012. (lcrmc2) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice; granting 6 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Rosemary M. Collyer on 8/15/2012. (lcrmc2) (Entered: 08/15/2012)

Aug. 15, 2012

Aug. 15, 2012

9

NOTICE of Appearance by Paul Elias Werner on behalf of All Defendants (Werner, Paul) (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER
10

NOTICE of Statement of Request for Correction to Docketed Response Date by WILLIAM H. MCRAVEN, LEON C. PANETTA, DAVID PETRAEUS, JOSEPH VOTEL (Werner, Paul) (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER

MINUTE ORDER re 10 Notice (Other) filed by LEON C. PANETTA, DAVID PETRAEUS, WILLIAM H. MCRAVEN, JOSEPH VOTEL. Pursuant to Fed. R. Civ P. 12(a)(3), the Defendants' responses are due 60 days after they are served with a summons and copy of the Complaint. Signed by Judge Rosemary M. Collyer on 9/24/2012. (lcrmc2) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

11

ENTERED IN ERROR.....NOTICE of Filing of Proof of Service of Process upon David Petraeus by NASSER AL-AULAQI, SARAH KHAN (Attachments: # 1 Affidavit Service of Process upon David Petraeus, # 2 Exhibit Return Receipt)(Kebriaei, Pardiss) Modified on 10/23/2012 (rdj). (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER
12

ENTERED IN ERROR.....NOTICE of Filing of Proof of Service of Process upon Leon Panetta, William McRaven and Joseph Votel by NASSER AL-AULAQI, SARAH KHAN (Attachments: # 1 Affidavit Service of Process upon Leon Panetta, William McRaven and Joseph Votel, # 2 Exhibit Return Receipt)(Kebriaei, Pardiss) Modified on 10/23/2012 (rdj). (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/01/2012. (Spitzer, Arthur) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID PETRAEUS served on 10/15/2012 (rdj) (Entered: 10/23/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILLIAM H. MCRAVEN served on 10/12/2012; LEON C. PANETTA served on 10/12/2012; JOSEPH VOTEL served on 10/12/2012 (rdj) (Entered: 10/23/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 12 Notice (Other), 11 Notice (Other), was entered in error and refiled as docket entry 14 & 15 . Counsel is instructed to use the Summons Returned Executed as to Federal Defendant Event under Service of Process in the future. (rdj) (Entered: 10/23/2012)

Oct. 23, 2012

Oct. 23, 2012

16

STIPULATION Regarding Service of Process on Defendants and Agreed Date for Responsive Pleading by NASSER AL-AULAQI, SARAH KHAN. (Kebriaei, Pardiss) (Entered: 10/23/2012)

Oct. 23, 2012

Oct. 23, 2012

RECAP
17

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brett M. Kaufman, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York, NY 10004. Phone No. - 212.549.2603. Fax No. - 212.549.2654 by NASSER AL-AULAQI, SARAH KHAN (Attachments: # 1 Declaration of Brett Kaufman, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER

MINUTE ORDER granting 17 Motion for Leave to Appear Pro Hac Vice by Brett M. Kaufman. Signed by Judge Rosemary M. Collyer on 11/21/2012.(lcrmc2) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

18

MOTION to Dismiss by WILLIAM H. MCRAVEN, LEON PANETTA, DAVID PETRAEUS, JOSEPH VOTEL (Attachments: # 1 Text of Proposed Order)(Werner, Paul) (Entered: 12/14/2012)

1 Text of Proposed Order

View on PACER

Dec. 14, 2012

Dec. 14, 2012

RECAP
19

NOTICE Statement of Interest by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit (1) Clapper Declaration, # 2 Exhibit (2) Gates Declaration, # 3 Exhibit (3) Panetta Declaration, # 4 Exhibit (4) AG Memo)(Werner, Paul) (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

PACER

MINUTE ORDER granting 20 Motion for Extension of Time to File Response/Reply to 18 Motion to Dismiss. Plaintiffs' Opposition to Defendants' Motion to Dismiss the Complaint shall be filed no later than February 5, 2013. Defendants' Reply shall be filed no later than March 7, 2013. Signed by Judge Rosemary M. Collyer on 12/20/2012.(lcrmc2) (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

20

Joint MOTION for Extension of Time to File Response/Reply re 18 MOTION to Dismiss, by NASSER AL-AULAQI, SARAH KHAN (Kebriaei, Pardiss) Modified on 12/20/2012 to edit event and create relationship(dr). (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

RECAP
21

Memorandum in opposition to re 18 MOTION to Dismiss filed by NASSER AL-AULAQI, SARAH KHAN. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Pardiss Kebriaei)(Shamsi, Hina) (Entered: 02/05/2013)

1 Text of Proposed Order

View on PACER

2 Declaration of Pardiss Kebriaei

View on PACER

Feb. 5, 2013

Feb. 5, 2013

RECAP

MINUTE ORDER granting 22 MOTION for Extension of Time to File Reply as to 18 MOTION to Dismiss filed by LEON PANETTA, DAVID PETRAEUS, WILLIAM H. MCRAVEN, JOSEPH VOTEL. Defendants shall file their reply brief no later than March 11, 2013. Signed by Judge Rosemary M. Collyer on 3/6/2013. (lcrmc2) (Entered: 03/06/2013)

March 6, 2013

March 6, 2013

Set/Reset Deadlines/Hearings: Reply to 18 due by 3/11/2013. (cdw) (Entered: 03/07/2013)

March 6, 2013

March 6, 2013

22

MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Dismiss by WILLIAM H. MCRAVEN, LEON PANETTA, DAVID PETRAEUS, JOSEPH VOTEL (Attachments: # 1 Text of Proposed Order)(Werner, Paul) (Entered: 03/06/2013)

March 6, 2013

March 6, 2013

PACER
23

REPLY to opposition to motion re 18 MOTION to Dismiss filed by WILLIAM H. MCRAVEN, LEON PANETTA, DAVID PETRAEUS, JOSEPH VOTEL. (Werner, Paul) (Entered: 03/07/2013)

March 7, 2013

March 7, 2013

PACER
24

MOTION for Hearing re 18 MOTION to Dismiss by NASSER AL-AULAQI, SARAH KHAN (Shamsi, Hina) (Entered: 03/22/2013)

March 22, 2013

March 22, 2013

RECAP

MINUTE ORDER granting 24 Motion for Hearing. An oral argument on 18 the Motion to Dismiss will be held on July 19, 2013, at 10:00 a.m. Signed by Judge Rosemary M. Collyer on 3/28/2013. (lcrmc2) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

25

NOTICE of Hearing: Oral Argument set for 7/19/2013 at 10:00 AM in Courtroom 8 before Judge Rosemary M. Collyer. (cdw) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

PACER

MINUTE ORDER. A hearing on 18 Defendants' Motion to Dismiss is scheduled for July 19, 2013. On May 22, 2013, the New York Times published an article touching on the subject matter of the Complaint. See Charlie Savage, U.S. Admits for First Time Drones Killed 4 Americans , N.Y. Times, May 22, 2013, available at http://www.nytimes.com/2013/05/23/us/us-acknowledges-killing-4-americans-in-drone-strikes.html?_r=1&. No later than June 5, 2013, Defendants shall file a memorandum of no longer than fifteen pages stating how, if at all, the Attorney General's acknowledgment affects the legal issues in this case. Signed by Judge Rosemary M. Collyer on 5/22/2013. (lcrmc2) (Entered: 05/22/2013)

May 22, 2013

May 22, 2013

26

RESPONSE TO ORDER OF THE COURT re MINUTE Order filed by WILLIAM H. MCRAVEN, LEON PANETTA, DAVID PETRAEUS, JOSEPH VOTEL. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(rdj) (Entered: 06/06/2013)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

June 5, 2013

June 5, 2013

RECAP
27

MOTION for Leave to File Reply to Defendants' Response to the Court's May 22, 2013 Order by NASSER AL-AULAQI, SARAH KHAN (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Motion for Leave to File Reply to Defendants' Response to the Court's May 22, 2013 Order)(Shamsi, Hina) (Entered: 06/11/2013)

1 Text of Proposed Order Granting Plaintiffs' Motion for Leave to File Reply

View on RECAP

June 11, 2013

June 11, 2013

RECAP
28

REPLY re 26 Response to Order of the Court filed by NASSER AL-AULAQI, SARAH KHAN. (Shamsi, Hina) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

PACER
29

NOTICE of Appearance of Brian Hauck on Behalf of the Defendants by WILLIAM H. MCRAVEN, LEON PANETTA, DAVID PETRAEUS, JOSEPH VOTEL (Werner, Paul) (Entered: 06/21/2013)

June 21, 2013

June 21, 2013

PACER
30

NOTICE of Probate Appointments by NASSER AL-AULAQI, SARAH KHAN (rdj) (Entered: 07/18/2013)

July 17, 2013

July 17, 2013

PACER
31

TRANSCRIPT OF PROCEEDINGS before Judge Rosemary M. Collyer held on 07/19/13; Page Numbers: 1-70. Date of Issuance:09/17/13. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Court Reporter Email Address : crystalpilgrim@aol.com.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 10/8/2013. Redacted Transcript Deadline set for 10/18/2013. Release of Transcript Restriction set for 12/16/2013.(Pilgrim, Crystal) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

RECAP
32

NOTICE OF SUPPLEMENTAL AUTHORITY by WILLIAM H. MCRAVEN, LEON PANETTA, DAVID PETRAEUS, JOSEPH VOTEL (Attachments: # 1 Court Opinion)(Werner, Paul) (Entered: 12/05/2013)

1 Court Opinion

View on PACER

Dec. 5, 2013

Dec. 5, 2013

RECAP
33

RESPONSE re 32 NOTICE OF SUPPLEMENTAL AUTHORITY filed by NASSER AL-AULAQI, SARAH KHAN. (Kebriaei, Pardiss) (Entered: 12/10/2013)

Dec. 10, 2013

Dec. 10, 2013

PACER

Set/Reset Deadlines: United States to lodge classified declaration(s) with court security officers in camera and ex partte by 1/24/2014. (zmm, ) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

NOTICE OF ERROR re 34 Motion for Reconsideration; emailed to paul.werner@usdoj.gov, cc'd 12 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE--Counsel is reminded to select all parts of their motion (jf, ) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

34

MOTION for Reconsideration and to Stay the Court's December 26, 2013, Order by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Werner, Paul). Added MOTION to Stay on 1/10/2014 (jf, ). (Entered: 01/10/2014)

1 Text of Proposed Order

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2 Text of Proposed Order

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Jan. 10, 2014

Jan. 10, 2014

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35

RESPONSE re 34 MOTION for Reconsideration and to Stay the Court's December 26, 2013, Order MOTION to Stay filed by NASSER AL-AULAQI, SARAH KHAN. (Shamsi, Hina) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

RECAP

MINUTE ORDER. The Court takes the 34 Motion for Reconsideration and 35 Response under advisement. The Court hereby suspends the government's obligation to respond to the 12/26/2013 Minute Order. Signed by Judge Rosemary M. Collyer on 1/21/2014. (lcrmc1) (Entered: 01/21/2014)

Jan. 21, 2014

Jan. 21, 2014

36

MEMORANDUM AND OPINION regarding 18 motion to dismiss. Signed by Judge Rosemary M. Collyer on 4/4/2014. (KD) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

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37

ORDER denying as moot 34 United States' Motion for Reconsideration; granting 18 Defendants' Motion to Dismiss. The Complaint is dismissed. This case is closed. Signed by Judge Rosemary M. Collyer on 4/4/2014. (KD) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
38

LEAVE TO FILE DENIED- Motion to Intervene as Plaintiffs with newly discovered evidence, Rule 24(A),24(B) This document is unavailable as the Court denied its filing.. Signed by Judge Rosemary M. Collyer on 6/3/14. (td, ) (Entered: 06/05/2014)

June 3, 2014

June 3, 2014

PACER

MINUTE ORDER granting 27 Motion for Leave to File. Plaintiffs shall file a reply to 26 the Defendants' Response. Because the text of the proposed reply was set forth in 27 the Motion for Leave to File, Plaintiffs are directed to file a separate document containing their reply. Signed by Judge Rosemary M. Collyer on 6/11/2013. (lcrmc2) (Entered: 06/11/2013)

28 REPLY re 26 Response to Order of the Court filed by NASSER AL-AULAQI, SARAH KHAN. (Shamsi, Hina) (Entered: 06/11/2013)

29 NOTICE of Appearance of Brian Hauck on Behalf of the Defendants by WILLIAM H. MCRAVEN, LEON PANETTA, DAVID PETRAEUS, JOSEPH VOTEL (Werner, Paul) (Entered: 06/21/2013)

30 NOTICE of Probate Appointments by NASSER AL-AULAQI, SARAH KHAN (rdj) (Entered: 07/18/2013)

Minute Entry for proceedings held before Judge Rosemary M. Collyer: Motion Hearing held on 7/19/2013 re 18 Motion to Dismiss. Motion heard and taken under advisement. (Court Reporter: Crystal Pilgrim) (cdw) (Entered: 07/19/2013)

31 TRANSCRIPT OF PROCEEDINGS before Judge Rosemary M. Collyer held on 07/19/13; Page Numbers: 1-70. Date of Issuance:09/17/13. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Court Reporter Email Address : crystalpilgrim@aol.com. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 10/8/2013. Redacted Transcript Deadline set for 10/18/2013. Release of Transcript Restriction set for 12/16/2013.(Pilgrim, Crystal) (Entered: 09/17/2013)

32 NOTICE OF SUPPLEMENTAL AUTHORITY by WILLIAM H. MCRAVEN, LEON PANETTA, DAVID PETRAEUS, JOSEPH VOTEL (Attachments: # 1 Court Opinion) (Werner, Paul) (Entered: 12/05/2013)

33 RESPONSE re 32 NOTICE OF SUPPLEMENTAL AUTHORITY filed by NASSER AL- AULAQI, SARAH KHAN. (Kebriaei, Pardiss) (Entered: 12/10/2013)

https://ecf.dcd.uscourts.gov/cgi-bin/DktRpt.pl?302880693099013-L_1_0-1 7/8 VACATED PURSUANT TO THE COURT'S ORDER OF 4/4/2014........MINUTE ORDER requiring the United States, an interested party 19 , to lodge no later than January 24, 2014, classified declaration(s) with court security officers, in camera and ex parte, in order to provide to the Court information implicated by the allegations in this case and why its disclosure reasonably could be expected to harm national security..., include[ing] information needed to address whether or not, or under what circumstances, the United States may target a particular foreign terrorist organization and its senior leadership, the specific threat posed by... Anwar-al Aulaqi, and other matters that plaintiff[s have] put at issue, including any criteria governing the use of lethal force, updated to address the facts of this record. Al-Aulaqi v. Obama, Civ. No. 10-1469(JDB)(Dkt. 29, Defendants Reply to Plaintiffs Opposition to Defendants Motion to Dismiss at 24). Signed by Judge Rosemary M. Collyer on 12/26/2013. (KD) Modified on 4/7/2014 (zcdw). (Entered: 12/26/2013)

Case Details

State / Territory: District of Columbia

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 18, 2012

Closing Date: April 4, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are two parents who bring suit as the personal representative of the estates of their respective children, who were killed in United States missile strikes.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States of America, Federal

David Petraeus, Federal

Leon Panetta, Federal

Joseph Votel, Federal

William H. McRaven, Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Access to lawyers or judicial system

Courts

International law

Terrorism/Post 9-11 issues