Case: Mohamed v. Jeppesen Dataplan, Inc.

5:07-cv-02798 | U.S. District Court for the Northern District of California

Filed Date: May 30, 2007

Closed Date: Sept. 8, 2010

Clearinghouse coding complete

Case Summary

Plaintiffs, foreign nationals, filed suit in May 2007 in United States District Court for the Northern District of California against Jeppesen DataPlan, Inc., a subsidiary of Boeing Company, for its participation in a U.S. extraordinary rendition program operated by the Central Intelligence Agency (CIA) that apprehended, transported, imprisoned, interrogated, and, in some instances, tortured the plaintiffs. Represented by the American Civil Liberties Union, plaintiffs brought action under the A…

Plaintiffs, foreign nationals, filed suit in May 2007 in United States District Court for the Northern District of California against Jeppesen DataPlan, Inc., a subsidiary of Boeing Company, for its participation in a U.S. extraordinary rendition program operated by the Central Intelligence Agency (CIA) that apprehended, transported, imprisoned, interrogated, and, in some instances, tortured the plaintiffs. Represented by the American Civil Liberties Union, plaintiffs brought action under the Alien Tort Statute, 28 U.S.C. § 1350, alleging that Jeppesen provided flight planning and logistical support of the extraordinary rendition of plaintiffs, with knowledge that its involvement would lead to unlawful apprehension, detention, and possible torture.

In October 2007, the United States moved to intervene and moved to dismiss the case, asserting the "states secret" privilege. Then-director of the CIA, General Michael Hayden, filed declarations in support of the motion to dismiss, asserting that disclosure of information could cause serious or grave damage to national security. After conducting a hearing, the district court granted the motion to intervene and to dismiss. Mohamed v. Jeppesen DataPlan, Inc., 539 F. Supp. 2d 1128 (N.D. Cal. 2008).

Plaintiffs immediately appealed to the United States Court of Appeals for the Ninth Circuit. The Ninth Circuit remanded the case, ruling that the states secret privilege in this context operated only as an evidentiary privilege, the exact parameters of which were indeterminate until plaintiffs made an actual request for discovery of specific evidence. Mohamed v. Jeppesen DataPlan, Inc., 563 F. 3d 992 (9th Cir. 2009), amended by 579 F. 3d 943 (9th Cir. 2009).

Meanwhile, Barack Obama succeeded George W. Bush as President of the United States. His administration announced new policies for invoking the states secrets privilege and reviewed the assertion of privilege in this case. Government then requested the Ninth Circuit for a rehearing en banc, which the court granted. Mohamed v. Jeppesen DataPlan, Inc., 586 F.3d 1108 (9th Cir. 2009).

Upon rehearing, an eleven judge panel of the Ninth Circuit affirmed the district court order of dismissal. Even though plaintiff's prima facie case and Jeppesen's defenses may not have depended on privileged evidence, the court found that "the facts underlying plaintiffs' claims are so infused with state secrets, " there was "no feasible way to litigate Jeppesen's alleged liability without creating an unjustifiable risk of divulging state secrets." Mohamed v. Jeppesen DataPlan, Inc., 614 F.3d 1070, 1088, 1087 (9th Cir. 2010). The Ninth Circuit then noted possible nonjudicial relief, including government-provided reparations, a Congressional investigation and legislation restraining the executive branch, Congressional legislation enacting a private bill, and Congressional legislation enacting remedial schemes to address claims like plaintffs'. Id. at 1091-92.

Plaintiffs appealed to the Supreme Court of the United States, which denied certiorari in May 2011.

Summary Authors

Elizabeth Homan (11/18/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4167189/parties/mohamed-v-jeppesen-dataplan-inc/


Judge(s)
Attorney for Plaintiff

Abernathy, Terri J (California)

Addington, Gregory W. (California)

Alexander, Keith S (California)

Altman, Stephen D (California)

Attorney for Defendant
Expert/Monitor/Master/Other

Abate, Michael Patrick (District of Columbia)

Attorney for Plaintiff

Abernathy, Terri J (California)

Addington, Gregory W. (California)

Alexander, Keith S (California)

Altman, Stephen D (California)

Armijo, Rumaldo R (California)

Atkinson, Harold O. (California)

Attorney, Noticing 2255 (California)

Auchterlonie, Jennifer D (California)

Auerhan, Arnold M. (California)

AUSA, Jesse M (California)

Babu, Kavitha J (California)

Baka, Gregory (California)

Barbeau, Jason T (California)

Barr, Russell D. (California)

Barrett, David K (California)

Bartlett, Anastasia D. (California)

Beck, Matthew (California)

Bennett, Jared C. (California)

Bernstein, Bruce D. (California)

Bhandari, Rishi (California)

Blesi, Samuel D (California)

Bogden, Daniel G. (California)

Borichewski, Lisca N (California)

Bortnick, Yael (California)

Branda, Joyce R (California)

Brandon, Susan S. (California)

Brick, Ann (California)

Brooker, Renee (California)

Brown, Adrian L. (California)

Brown, Geoffrey J.L. (California)

Brown, Aimee Woodward (California)

Burianek, Lisa M. (California)

Burke, Matthew (California)

Burrell, Meredith (California)

Butcher, Daniel Everett (California)

Camacho, Renee L (California)

Campbell, Scott J (California)

Carlson, Deborah (California)

Carman, Sean Kevin (California)

Castaldi, Lauren Marie (California)

Chan, Priscilla To-Yin (California)

Chanoine, Hannah W (California)

Chmelar, Michael J (California)

Clark, Caroline Jane (California)

Clarke, Ellen Rebecca (California)

Clayton, Lindsay Laurie (California)

Cohen, Richard Edward (California)

Cohen, Mary Louise (California)

Coles-Huff, Doris Denise (California)

Cooney, Nigel B (California)

Corcoran, Thomas F (California)

Costello, James (California)

CV, U S (California)

Daniels, Howard F (California)

Darmstadter, Henry C (California)

Davis, Evan J (California)

Dimock, Christina Nicole (California)

Dougherty, Burtis M (California)

Drake, Daniel R (California)

Dubal, Malisa Chokshi (California)

DuBois, James Joseph (California)

Durham, Jessie Huff (California)

Dworkin, Howard Sheldon (California)

Eichenholtz, Seth D. (California)

Epperley, Linda A. (California)

Euliss, Richard D. (California)

Evans, Neil J. (California)

Ewalt, Andrew J. (California)

Fisher, Douglas M. (California)

Fisherow, W Benjamin (California)

Flake, Troy K. (California)

Franze-Nakamura, Francis (California)

Freeman, Mark R (California)

Fuchs, Siegmund F. (California)

Gale, Alan S (California)

Gallagher, Mark A. (California)

Gardey, David A. (California)

Garland, Liam J (California)

Given, Emily (California)

Goldberg, Arthur R (California)

Granston, Michael D (California)

Greenberg, Todd (California)

Greene, Gavin L (California)

Groom, Deborah Fennell (California)

Guadagnino, Charles A (California)

Guthrie, Robert Gay (California)

Habeas, US Attorney (California)

Hall, Jennifer Lynne (California)

Hanower, Patricia L (California)

Harrington, Quinn Patrick (California)

Hebert, Janice E. (California)

Hecker, Elizabeth Parr (California)

Held, Jessica M (California)

Hendry, Melanie Dyani (California)

Hertz, Michael F (California)

Hikida, Katherine M (California)

Hoang, Anthony P (California)

Hoffman, Paul L. (California)

Hoffman, Grayson A (California)

Holton, Dwight C. (California)

Horwitz, Matthew Joseph (California)

Houten, Kathryn E (California)

Howlette, Jordan David (California)

Hurley, Daniel R. (California)

Hurley, Ann C (California)

Hurtado, Samuel A. (California)

Iannarone, Liberatore Joseph (California)

Jackson, E. Fletcher (California)

Jaffer, Jameel (New York)

Jennings, David Reese (California)

Jensen, Michelle D. (California)

Johnson, Kristin Berger (California)

Johnson-DOJ, T J (California)

Jordan, Aaron O (California)

JR, Joseph Patrick (California)

Kaminski, Gerald Francis (California)

Kaplan, Robert N. (California)

Katznelson, Zachary (Kansas)

Kaufman, Paul (California)

Kaufman-Cohen, Eric (California)

Kawakami, Kent A (California)

Keefe, Kerry Jane (California)

Keegan, Ruth Fuess (California)

Keehn, Douglas (California)

Kell, Gerald (California)

Kennebrew, Delora (California)

Kern, Charles Douglas (California)

Kinner, Russell B (California)

Kipnis, Brian C (California)

Kirwan, Tanya I. (California)

Klovers, Christelle (California)

Knepel, Susan M (California)

Kolbi-Molinas, Alexa Rebecca (New York)

Kono, Michiko (California)

Kotz, Stephen R. (California)

Krueger, Matthew Dean (California)

Kwaterski, Laura Schulteis (California)

Lagarde, Andre Jude (California)

Landau, Scott R. (California)

Langworthy, Nancy Fay (California)

Larkin, William F. (California)

Larsen, Christian R (California)

Larson, Kari Madrene (California)

LaVerne, Darren (California)

Lawrence, Kathleen O'Malley (California)

Layton, Daniel W (California)

Lee, Ralph J. (California)

Lee, John E (California)

Lehman, Lennie (California)

Leiderman, Joel David (California)

Lennington, Daniel P (California)

Lesperance, Karen Folster (California)

Levesque, Christian (California)

Levingston, Luttrell (California)

Lipari, Vincent (California)

Lipton, Joey (California)

Littleton, Judson Owen (California)

Long, Kenneth Gordon (California)

Lowe, Virginia Cronan (California)

Lucero, Manuel (California)

Majeed, Sameena Shina (California)

Majors, Jay D (California)

Mantell, Laura D. (California)

Maragani, Goud P (California)

Marinelli, Matthew M (California)

Mark, Carolyn G (California)

Markopoulos, Amy (California)

Maroldy, Laura M (California)

Martin, Sean E. (California)

Maurer, Michael Stuart (California)

McCabe, Brian J (California)

McClanahan, Cathryn Dawn (California)

McCord, Stacey Elise (California)

McCormack, Timothy P. (California)

McCulloch, Christine J (California)

McElvain, Joel (California)

McEvoy, Lauren Mary (California)

McFadden, Lane M. (California)

Messec, Paige (California)

Metcalf, Hope R. (Connecticut)

Miller, Monica L (California)

Miller, Damon C. (California)

Miller, Eugene L (California)

Moran, Timothy J (California)

Morris, Brian D. (California)

Mosteller, Daniel Paul (California)

Murphy, Michael D (California)

Murray, Jeffrey (California)

Mysliwiec, Paul (California)

Nathanson, John Alexander (California)

Neal, John K. (California)

Nelson, Anne Elizabeth (California)

Nesler, Robert D. (California)

Nitze, Samuel P. (California)

Norris, Evan M. (California)

O'Brien, Thomas Peter (California)

Office, United States (California)

O'Neil, Erica N (California)

Ong, Marisa A (California)

O'Rourke, Steven R (California)

Ostiller, Cathy J (California)

Owen, Jay David (California)

Pahl, Michael R (California)

Palombo, Lisa A (California)

Paxton, Lauren Mary (California)

Pease, William H. (California)

Pence, Richard M. (California)

Perez, Alfred Juarez (California)

Perez, Thomas E (California)

Perros, Nicholas C. (California)

Phelps, Alan (California)

Phillips, Heather (California)

Phillips, Cristine Irvin (California)

Piropato, Marissa A (California)

Podolak, Stephanie (California)

Poliakoff, Steven J (California)

Powell, Kelly (California)

Pribe, Andrew (California)

Purcell, Joseph J (California)

Quinn, Elias L (California)

Radice, John Daniel (California)

Roberts, Darwin P (California)

Rosenbaum, Steven H (California)

Russell, Bruce T. (California)

Sampson, Colin C. (California)

Sandberg, Justin Michael (California)

Santelle, James L (California)

Satterthwaite, Margaret (New York)

Schachner, Elliot M. (California)

Schmelzer, Eric (California)

Schmidt, H Lee (California)

Schnieders, Kathleen Kelly (California)

Schwab, Mikel W. (California)

Schwartz, Richard Adam (California)

Schweiner, Dianne (California)

Scott, Olivia R (California)

Seff, Daniel A. (California)

Sgarlata, AnneMarie (California)

Shapiro, Steven R. (New York)

Sharinn, Harvey (California)

Simmons, Timothy W. (California)

Slade, Shelley (California)

Smith, Sharon Denise (California)

Smith, Clive Stafford (Other)

Smith, Bruce C (California)

Snow, Holly (California)

Spina, Thomas Spina (California)

Stanford, Jon K (California)

Starita, Paul L (California)

Steinacker, Andrea K (California)

Stoll, Kenneth F. (California)

Strong, James C. (California)

Tait, Monica E (California)

Taylor, Brock (California)

Taylor-Phillips, LaQuita J (California)

Tingle, Michal (California)

Torres, Susan (California)

Torres, Valerie (California)

Tribuiani, Rinku Talwar (California)

Underhill, R Michael (California)

Uzeta, Michelle (California)

Valdman, Rika (California)

Valerino, Gary J. (California)

Vogel, Robert L (California)

Vyas, Nisha N (California)

Waldorf, James J (California)

Ward, Stacy C (California)

Warwick, Lisa T (California)

Watt, Steven M. (New York)

Weintraub, J. Max (California)

Welsh, Blaine T (California)

Wenthe, Roger W. (California)

Wiethe, Donetta Donaldson (California)

Wilcove, Michael N (California)

Willing-FLU, Patricia A. (California)

Wiseman, David B. (California)

Wizner, Benjamin Elihu (California)

Wizner, Ben (New York)

Wogaman, Paul J (California)

Woods, Thomas M (California)

Woods, James C. (California)

Woodward, Sara D. (California)

Yim, Deborah E (California)

Yoo, Danny Young-In (California)

Younts, Diana J (California)

Zimmerman, Erika M. (California)

Documents in the Clearinghouse

Documents in this case

5:07-cv-02798

Docket

Mohamed v. Jeppesen Dataplan

Dec. 17, 2010

Dec. 17, 2010

Docket
1

5:07-cv-02798

Demand for Jury Trial

Mohamed v. Jeppesen Dataplan

May 30, 2007

May 30, 2007

Complaint

2007 WL 1623289

32

5:07-cv-02798

[Untitled]

Mohamed v. Jeppesen Dataplan

Sept. 4, 2007

Sept. 4, 2007

Pleading / Motion / Brief
60

5:07-cv-02798

Motion to Withdraw as Counsel

Mohamed v. Jeppesen Dataplan

Dec. 17, 2007

Dec. 17, 2007

Pleading / Motion / Brief
61

5:07-cv-02798

Motion to Withdraw as Counsel

Mohamed v. Jeppesen Dataplan

Dec. 20, 2007

Dec. 20, 2007

Pleading / Motion / Brief
69

5:07-cv-02798

Order Granting the United States' Motion to Intervene and Granting the United States' Motion to Dismiss with Prejudice

Mohamed v. Jeppesen Dataplan

Feb. 13, 2008

Feb. 13, 2008

Order/Opinion

539 F.Supp.2d 1128

72

5:07-cv-02798

Representation Statement

Mohamed v. Jeppesen Dataplan

March 13, 2008

March 13, 2008

Pleading / Motion / Brief
82

5:07-cv-02798

Opinion

Mohamed v. Jeppesen Dataplan

April 28, 2009

April 28, 2009

Order/Opinion

0:08-15693

Opinion

Mohamed v. Jeppesen Dataplan

U.S. Court of Appeals for the Ninth Circuit

April 28, 2009

April 28, 2009

Order/Opinion

563 F.3d 992

0:08-15693

Order

Mohamed v. Jeppesen Dataplan

U.S. Court of Appeals for the Ninth Circuit

Aug. 31, 2009

Aug. 31, 2009

Order/Opinion

579 F.3d 943

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4167189/mohamed-v-jeppesen-dataplan-inc/

Last updated Aug. 21, 2026, 5:36 a.m.

Docket for: Mohamed v. Jeppesen Dataplan, Inc.
ECF Number Date Description Link
1 May 30, 2007

COMPLAINT (Summons Issued); jury demand; against Jeppesen Dataplan, Inc. ( Filing fee $ 350, receipt number 3461006889). Filed by Abou Elkassim Britel, Ahmed Agiza, Binyam Mohamed. (bw, COURT STAFF) (Filed on 5/30/2007) Additional attachment(s) added on 6/4/2007 (bw, COURT STAFF). Additional attachment(s) added on 6/8/2007 (bw, COURT STAFF). (Entered: 05/30/2007)

RECAP
2 May 30, 2007

Certification of Interested Parties or Entities (bw, COURT STAFF) (Filed on 5/30/2007) Additional attachment(s) added on 6/4/2007 (bw, COURT STAFF). (Entered: 05/30/2007)

RECAP
3 May 30, 2007

Application for Admission of Attorney Steven Watt Pro Hac Vice ( Filing fee $ 210, receipt number 34611006811.) filed by Abou Elkassim Britel, Ahmed Agiza, Binyam Mohamed. (bw, COURT STAFF) (Filed on 5/30/2007) Additional attachment(s) added on 6/4/2007 (bw, COURT STAFF). (Entered: 05/30/2007)

RECAP
4 May 30, 2007

Application for Admission of Attorney Steven R. Shapiro Pro Hac Vice ( Filing fee $ 210, receipt number 3461186812) filed by Abou Elkassim Britel, Ahmed Agiza, Binyam Mohamed. (bw, COURT STAFF) (Filed on 5/30/2007) Additional attachment(s) added on 6/4/2007 (bw, COURT STAFF). (Entered: 05/30/2007)

RECAP
5 May 30, 2007

Application for Admission of Attorney Jameel Jaffer Pro Hac Vice ( Filing fee $ 210, receipt number 346110860) filed by Abou Elkassim Britel, Ahmed Agiza, Binyam Mohamed. (bw, COURT STAFF) (Filed on 5/30/2007) Additional attachment(s) added on 6/4/2007 (bw, COURT STAFF). (Entered: 05/30/2007)

RECAP
6 May 30, 2007

Application for Admission of Attorney Clive Stafford Smith Pro Hac Vice ( Filing fee $ 210, receipt number 34611006814) filed by Abou Elkassim Britel, Ahmed Agiza, Binyam Mohamed. (bw, COURT STAFF) (Filed on 5/30/2007) Additional attachment(s) added on 6/4/2007 (bw, COURT STAFF). Additional attachment(s) added on 6/4/2007 (bw, COURT STAFF). Additional attachment(s) added on 6/4/2007 (bw, COURT STAFF). Additional attachment(s) added on 6/4/2007 (bw, COURT STAFF). (Entered: 05/30/2007)

RECAP
7 May 30, 2007

Application for Admission of Attorney Hope R. Metcalf Pro Hac Vice ( Filing fee $ 210, receipt number 34611006410) filed by Abou Elkassim Britel, Ahmed Agiza, Binyam Mohamed. (bw, COURT STAFF) (Filed on 5/30/2007) Additional attachment(s) added on 6/4/2007 (bw, COURT STAFF). (Entered: 05/30/2007)

RECAP
8 May 30, 2007

ADR SCHEDULING ORDER: Case Management Statement due by 9/5/2007. Case Management Conference set for 9/12/2007 02:30 PM. (bw, COURT STAFF) (Filed on 5/30/2007) Additional attachment(s) added on 6/4/2007 (bw, COURT STAFF). (Entered: 05/30/2007)

RECAP
May 30, 2007

Received (Proposed) Order Granting Pro Hac Vice for Attorney Hope R. Metcalf re ( 7 ) ( Filing fee $ 210, receipt number 3461100641.) by Abou Elkassim Britel, Ahmed Agiza, Binyam Mohamed. (bw, COURT STAFF) (Filed on 5/30/2007)

May 30, 2007

Received (Proposed) Order Granting Pro Hac Vice for Attorney Clive Stafford Smith re ( 6 ) ( Filing fee $ 210, receipt number 3461100681.) by Abou Elkassim Britel, Ahmed Agiza, Binyam Mohamed. (bw, COURT STAFF) (Filed on 5/30/2007)

May 30, 2007

Received Proposed) Order Granting Pro Hac Vice for Attorney ameel Jaffer re 5 ( Filing fee $ 210, receipt number 346110860.) by Abou Elkassim Britel, Ahmed Agiza, Binyam Mohamed. (bw, COURT STAFF) (Filed on 5/30/2007)

May 30, 2007

Received (Proposed) Order Granting Pro Hac Vice for Attorney Steven R. Shapiro re 4 ( Filing fee $ 210, receipt number 346118681.) by Abou Elkassim Britel, Ahmed Agiza, Binyam Mohamed. (bw, COURT STAFF) (Filed on 5/30/2007)

May 30, 2007

Received (Proposed) Order Granting Pro Hac Vice for attorney Steven Watt re 3 ( Filing fee $ 210, receipt number 3461100681.) by Abou Elkassim Britel, Ahmed Agiza, Binyam Mohamed. (bw, COURT STAFF) (Filed on 5/30/2007)

May 30, 2007

Summons Issued as to Jeppesen Dataplan, Inc.. (bw, COURT STAFF) (Filed on 5/30/2007)

May 30, 2007

CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 5/30/2007)

9 June 7, 2007

Summons Returned Unexecuted by Abou Elkassim (bw, COURT STAFF) (Filed on 6/7/2007) (Entered: 06/07/2007)

RECAP
June 7, 2007

Summons Issued as to Jeppesen Dataplan, Inc. (bw, COURT STAFF) (Filed on 6/7/2007)

10 June 13, 2007

ORDER by Judge Richard Seeborg granting 3 Motion for Pro Hac Vice. (rssec, COURT STAFF) (Filed on 6/13/2007) (Entered: 06/13/2007)

RECAP
11 June 13, 2007

ORDER by Judge Richard Seeborg granting 4 Motion for Pro Hac Vice. (rssec, COURT STAFF) (Filed on 6/13/2007) (Entered: 06/13/2007)

RECAP
12 June 13, 2007

ORDER by Judge Richard Seeborg granting 5 Motion for Pro Hac Vice (rssec, COURT STAFF) (Filed on 6/13/2007) (Entered: 06/13/2007)

RECAP
13 June 13, 2007

ORDER by Judge Richard Seeborg granting 6 Motion for Pro Hac Vice (rssec, COURT STAFF) (Filed on 6/13/2007) (Entered: 06/13/2007)

RECAP
14 June 13, 2007

ORDER by Judge Richard Seeborg granting 7 Motion for Pro Hac Vice (rssec, COURT STAFF) (Filed on 6/13/2007) (Entered: 06/13/2007)

RECAP
15 June 18, 2007

Application for Admission of Attorney Alexa Kolbi-Molinas in Pro Hac Vice ( Filing fee $ 210, receipt number 34611007478) filed by Abou Elkassim Britel, Ahmed Agiza, Binyam Mohamed. (bw, COURT STAFF) (Filed on 6/18/2007) Additional attachment(s) added on 6/20/2007 (bw, COURT STAFF). (Entered: 06/20/2007)

RECAP
June 18, 2007

Received (Proposed) Order Granting Application for Admission of Attorney Alexa Kolbi-Molinas Pro Hac Vice re 15 ( Filing fee $ 210, receipt number 34611007478.) by Abou Elkassim Britel, Ahmed Agiza, Binyam Mohamed. (bw, COURT STAFF) (Filed on 6/18/2007)

16 June 22, 2007

ORDER by Judge Richard Seeborg granting 15 Motion for Pro Hac Vice. (rssec, COURT STAFF) (Filed on 6/22/2007) (Entered: 06/22/2007)

RECAP
17 June 25, 2007

SUMMONS Returned Executed by Abou Elkassim Britel, Ahmed Agiza, Binyam Mohamed. Jeppesen Dataplan, Inc. served on 6/11/2007, answer due 7/2/2007. (Brick, Ann) (Filed on 6/25/2007) (Entered: 06/25/2007)

RECAP
18 June 26, 2007

NOTICE of Appearance by Daniel Paul Collins for Defendant Jeppesen DataPlan, Inc. (Collins, Daniel) (Filed on 6/26/2007) (Entered: 06/26/2007)

RECAP
19 June 26, 2007

Declination to Proceed Before a U.S. Magistrate Judge by Jeppesen Dataplan, Inc. and Request for Reassignment to a United States District Judge. (Collins, Daniel) (Filed on 6/26/2007) (Entered: 06/26/2007)

RECAP
20 June 26, 2007

*** FILED IN ERROR *** please see 22 amended Certification of Interested Entities or Persons (Collins, Daniel) (Filed on 6/26/2007) Text modified on 6/27/2007 to conform to document caption post by counsel (bw, COURT STAFF). Modified text on 6/27/2007 (cv, COURT STAFF). (Entered: 06/26/2007)

RECAP
21 June 26, 2007

STIPULATION Under Local Rule 6-1(a) Extending the Time to Respond to the Complaint by Jeppesen Dataplan, Inc.. (Collins, Daniel) (Filed on 6/26/2007) (Entered: 06/26/2007)

RECAP
22 June 26, 2007

AMENDED Interested Entities or Persons Pursuant to Local rule 3-16 Daniel Paul Collins (Collins, Daniel) (Filed on 6/26/2007) text modified on 6/27/2007 to conform to document caption post by counsel (bw, COURT STAFF). Modified text on 6/27/2007, amendment of 20 (cv, COURT STAFF). (Entered: 06/26/2007)

RECAP
23 June 27, 2007

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (mpb, COURT STAFF) (Filed on 6/27/2007) Additional attachment(s) added on 6/27/2007 (mpb, COURT STAFF). (Entered: 06/27/2007)

1 Certificate of Mailing

View on RECAP

RECAP
24 June 27, 2007

ORDER REASSIGNING CASE. Case reassigned to District Judge James Ware for all further proceedings and Magistrate Richard Seeborg remains the Referral Judge in this case. Signed by the Executive Committee on 6/27/07. (srm, COURT STAFF) (Filed on 6/27/2007) (Entered: 06/27/2007)

RECAP
25 June 28, 2007

CLERK'S NOTICE Case Management Statement due by 9/14/2007. Case Management Conference set for 9/24/2007 10:00 AM Courtroom 8, 4th floor, San Jose before Hon. James Ware. (ecg, COURT STAFF) (Filed on 6/28/2007) (Entered: 06/28/2007)

RECAP
26 Aug. 1, 2007

*** FILED IN ERROR. PLEASE SEE DOCKET 27 First Amended Complaint . *** against Jeppesen Dataplan, Inc. Filed byBisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Abou Elkassim Britel, Ahmed Agiza, Binyam Mohamed. (Wizner, Benjamin) (Filed on 8/1/2007) Modified on 8/1/2007 (ewn, COURT STAFF). Modified text on 8/8/2007 (cv, COURT STAFF). (Entered: 08/01/2007)

RECAP
27 Aug. 1, 2007

FIRST AMENDED COMPLAINT correction of docket 26 against Jeppesen Dataplan, Inc.. Filed by Abou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. (Wizner, Benjamin) (Filed on 8/1/2007) Modified text on 8/8/2007 (cv, COURT STAFF). (Entered: 08/01/2007)

RECAP
29 Aug. 3, 2007

MOTION for leave to appear in Pro Hac Vice Margaret L. Satterthwaite (Filing fee $ 210.) filed by Mohamed Farag Ahmad Bashmilah. (cv, COURT STAFF) (Filed on 8/3/2007) (Entered: 08/11/2007)

RECAP
28 Aug. 7, 2007

STIPULATION and [Proposed] Order re: schedule by Jeppesen Dataplan, Inc.. (Collins, Daniel) (Filed on 8/7/2007) Modified text on 8/8/2007 (cv, COURT STAFF). (Entered: 08/07/2007)

RECAP
30 Aug. 8, 2007

ORDER by Judge James Ware granting 29 Motion for Pro Hac Vice Margaret L. Satterthwaite (cv, COURT STAFF) (Filed on 8/8/2007) (Entered: 08/11/2007)

RECAP
31 Aug. 14, 2007

STIPULATION AND ORDER Granting Briefing Schedule on Anticipated Motion to Dismiss. The Court VACATES the 9/24/2007 Case Management Conference re 28 Stipulation filed by Jeppesen Dataplan, Inc. Please see Order for further specifics. Motion Hearing set for 12/10/2007 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 8/13/2007. (ecg, COURT STAFF) (Filed on 8/14/2007) Modified text on 8/16/2007 (ecg, COURT STAFF). (Entered: 08/14/2007)

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32 Sept. 4, 2007

Letter from ACLU. (Watt, Steven) (Filed on 9/4/2007) (Entered: 09/04/2007)

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33 Sept. 6, 2007

NOTICE of Appearance by Michael Patrick Abate on behalf of United States of America (Abate, Michael) (Filed on 9/6/2007) (Entered: 09/06/2007)

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34 Sept. 6, 2007

NOTICE by United States of America of Statement of Interest (Abate, Michael) (Filed on 9/6/2007) (Entered: 09/06/2007)

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35 Sept. 6, 2007

MOTION for Extension of Time to File Answer re 27 Amended Complaint, in Light of U.S. Statement of Interest, filed by Jeppesen Dataplan, Inc.. (Collins, Daniel) (Filed on 9/6/2007) (Entered: 09/06/2007)

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36 Sept. 6, 2007

Declaration in Support of 35 MOTION for Extension of Time to File Answer re 27 Amended Complaint, in Light of U.S. Statement of Interest, Declaration of Daniel P. Collins, filed byJeppesen Dataplan, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Related document(s) 35 ) (Collins, Daniel) (Filed on 9/6/2007) (Entered: 09/06/2007)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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37 Sept. 6, 2007

Proposed Order re 35 MOTION for Extension of Time to File Answer re 27 Amended Complaint, in Light of U.S. Statement of Interest, by Jeppesen Dataplan, Inc.. (Collins, Daniel) (Filed on 9/6/2007) (Entered: 09/06/2007)

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38 Sept. 11, 2007

Memorandum in Opposition to United States' Request for a Stay and 35 Defendant's Motion to Change Time filed by Abou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. (Wizner, Benjamin) (Filed on 9/11/2007) Modified on 9/20/2007,(counsel failed to properly link to motion). (cv, COURT STAFF). (Entered: 09/11/2007)

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39 Sept. 11, 2007

Declaration of Ben Wizner in Support of 38 Memorandum in Opposition, to United States' Request for a Stay and Defendant's Motion to Change Time filed byAbou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. (Related document(s) 38 ) (Wizner, Benjamin) (Filed on 9/11/2007) (Entered: 09/11/2007)

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40 Sept. 11, 2007

Proposed Order Denying United States' Request for a Stay and Defendant's 35 Motion to Change Time by Abou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. (Wizner, Benjamin) (Filed on 9/11/2007) Modified on 9/20/2007,(counsel failed to properly link to motion). (cv, COURT STAFF). (Entered: 09/11/2007)

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41 Sept. 11, 2007

ORDER by Judge James Ware granting 35 Motion for Extension of Time to Answer re 35 MOTION for Extension of Time to File Answer re 27 Amended Complaint, in Light of U.S. Statement of Interest,. (ecg, COURT STAFF) (Filed on 9/11/2007) (Entered: 09/11/2007)

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42 Oct. 19, 2007

MOTION to Intervene filed by United States of America. Motion Hearing set for 2/4/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Abate, Michael) (Filed on 10/19/2007) (Entered: 10/19/2007)

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43 Oct. 19, 2007

MOTION to Dismiss or, in the alternative, MOTION for Summary Judgment filed by United States of America. Motion Hearing set for 2/4/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Formal Claim of State Secrets and Statutory Privileges# 2 Notice of Lodging of Classified In Camera, Ex Parte Declaration)(Abate, Michael) (Filed on 10/19/2007) (Entered: 10/19/2007)

1 Formal Claim of State Secrets and Statutory Privileges

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2 Notice of Lodging of Classified In Camera, Ex Parte Declaration

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44 Oct. 22, 2007

Proposed Order re 42 MOTION to Intervene by United States of America. (Abate, Michael) (Filed on 10/22/2007) (Entered: 10/22/2007)

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45 Oct. 22, 2007

Proposed Order re 43 MOTION to Dismiss or, in the alternative MOTION for Summary Judgment by United States of America. (Abate, Michael) (Filed on 10/22/2007) (Entered: 10/22/2007)

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46 Nov. 1, 2007

STIPULATION and [Proposed] Order Re: Briefing Schedule on Motion to Intervene and Motion to Dismiss by United States of America. (Abate, Michael) (Filed on 11/1/2007) (Entered: 11/01/2007)

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47 Nov. 2, 2007

STIPULATION AND ORDER to Extend Briefing Schedule on Motion to Intervene and Motion to Dismiss re 46 Stipulation filed by United States of America. Signed by Judge James Ware on 11/2/2007. (ecg, COURT STAFF) (Filed on 11/2/2007) (Entered: 11/02/2007)

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48 Nov. 27, 2007

Statement of Non-Opposition re 43 MOTION to Dismiss or, in the alternative MOTION for Summary Judgment, 42 MOTION to Intervene filed byJeppesen Dataplan, Inc.. (Related document(s) 43, 42 ) (Collins, Daniel) (Filed on 11/27/2007) (Entered: 11/27/2007)

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49 Dec. 5, 2007

MOTION for Leave to File Excess Pages filed by Abou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. (Attachments: # 1 Proposed Order Stipulation and proposed order)(Wizner, Benjamin) (Filed on 12/5/2007) (Entered: 12/05/2007)

1 Proposed Order Stipulation and proposed order

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50 Dec. 14, 2007

Memorandum in Opposition to the United States' Motion to Dismiss or, in the Alternative, for Summary Judgment re 43 filed byAbou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. (Attachments: # 1 Proposed Order)(Wizner, Benjamin) (Filed on 12/14/2007) Modified on 1/14/2008 (cfe, Court Staff). (Entered: 12/14/2007)

1 Proposed Order

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51 Dec. 14, 2007

RESPONSE to United States' Motion to Intervenere 42 by Abou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. (Wizner, Benjamin) (Filed on 12/14/2007) Modified on 1/14/2008 (cfe, Court Staff). (Entered: 12/14/2007)

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52 Dec. 14, 2007

Declaration of Anna Wigenmark in Support of 50 Memorandum in Opposition, to the United States' Motion to Dismiss or, in the Alternative, for Summary Judgment filed byAbou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B Part 1, # 3 Exhibit Exhibit B part 2, # 4 Exhibit Exhibit B part 3, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D part 1, # 7 Exhibit Exhibit D part 2, # 8 Exhibit Exhibit D part 3, # 9 Exhibit Exhibit D part 4, # 10 Exhibit Exhibit D part 5, # 11 Exhibit Exhibit D part 6, # 12 Exhibit Exhibit D part 7, # 13 Exhibit Exhibit E part 1, # 14 Exhibit Exhibit E part 2, # 15 Exhibit Exhibit E part 3, # 16 Exhibit Exhibit E part 4, # 17 Exhibit Exhibit E part 5, # 18 Exhibit Exhibit E part 6, # 19 Exhibit Exhibit F part 1, # 20 Exhibit Exhibit F part 2, # 21 Exhibit Exhibit G, # 22 Exhibit Exhibit H, # 23 Exhibit Exhibit I, # 24 Exhibit Exhibit J)(Related document(s) 50 ) (Wizner, Benjamin) (Filed on 12/14/2007) (Entered: 12/14/2007)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B Part 1

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3 Exhibit Exhibit B part 2

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4 Exhibit Exhibit B part 3

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5 Exhibit Exhibit C

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6 Exhibit Exhibit D part 1

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7 Exhibit Exhibit D part 2

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8 Exhibit Exhibit D part 3

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9 Exhibit Exhibit D part 4

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10 Exhibit Exhibit D part 5

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11 Exhibit Exhibit D part 6

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12 Exhibit Exhibit D part 7

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13 Exhibit Exhibit E part 1

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14 Exhibit Exhibit E part 2

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15 Exhibit Exhibit E part 3

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16 Exhibit Exhibit E part 4

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17 Exhibit Exhibit E part 5

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18 Exhibit Exhibit E part 6

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19 Exhibit Exhibit F part 1

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20 Exhibit Exhibit F part 2

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21 Exhibit Exhibit G

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22 Exhibit Exhibit H

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23 Exhibit Exhibit I

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24 Exhibit Exhibit J

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53 Dec. 14, 2007

Declaration of Mohamed Farag Ahmad Bashmilah in Support of 50 Memorandum in Opposition, to the United States' Motion to Dismiss or, in the Alternative, for Summary Judgment filed byAbou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD)(Related document(s) 50 ) (Wizner, Benjamin) (Filed on 12/14/2007) (Entered: 12/14/2007)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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24 Exhibit X

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25 Exhibit Y

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26 Exhibit Z

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27 Exhibit AA

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28 Exhibit BB

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29 Exhibit CC

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30 Exhibit DD

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54 Dec. 14, 2007

Declaration of Steven Watt in Support of 50 Memorandum in Opposition, to United States' Motion to Dismiss or, in the Alternative, for Summary Judgment filed byAbou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C part 1, # 4 Exhibit C part 2, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L part 1, # 14 Exhibit L part 2, # 15 Exhibit M part 1, # 16 Exhibit M part 2, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q part 1, # 21 Exhibit Q part 2, # 22 Exhibit R, # 23 Exhibit S part a1i, # 24 Exhibit S part a1ii, # 25 Exhibit S part a1iii, # 26 Exhibit S part a2i, # 27 Exhibit a2ii, # 28 Exhibit S part b1i, # 29 Exhibit S part b1ii, # 30 Exhibit S part b1iii, # 31 Exhibit S part b2i, # 32 Exhibit S part b2ii, # 33 Exhibit S part b2iii, # 34 Exhibit S part b3i, # 35 Exhibit S part b3ii, # 36 Exhibit T part 1, # 37 Exhibit T part 2, # 38 Exhibit T part 3, # 39 Exhibit T part 4, # 40 Exhibit T part 5, # 41 Exhibit T part 6, # 42 Exhibit T part 7, # 43 Exhibit U, # 44 Exhibit V, # 45 Exhibit W part 1, # 46 Exhibit W part 2, # 47 Exhibit W part 3, # 48 Exhibit W part 4, # 49 Exhibit X, # 50 Exhibit Y, # 51 Exhibit Z, # 52 Exhibit AA, # 53 Exhibit BB, # 54 Exhibit CC, # 55 Exhibit DD, # 56 Exhibit EE part 1, # 57 Exhibit EE part 2, # 58 Exhibit EE part 3, # 59 Exhibit FF, # 60 Exhibit GG, # 61 Exhibit HH)(Related document(s) 50 ) (Wizner, Benjamin) (Filed on 12/14/2007) (Entered: 12/14/2007)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C part 1

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4 Exhibit C part 2

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L part 1

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14 Exhibit L part 2

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15 Exhibit M part 1

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16 Exhibit M part 2

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17 Exhibit N

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18 Exhibit O

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19 Exhibit P

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20 Exhibit Q part 1

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21 Exhibit Q part 2

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22 Exhibit R

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23 Exhibit S part a1i

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24 Exhibit S part a1ii

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25 Exhibit S part a1iii

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26 Exhibit S part a2i

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27 Exhibit a2ii

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28 Exhibit S part b1i

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29 Exhibit S part b1ii

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30 Exhibit S part b1iii

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31 Exhibit S part b2i

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32 Exhibit S part b2ii

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33 Exhibit S part b2iii

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34 Exhibit S part b3i

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35 Exhibit S part b3ii

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36 Exhibit T part 1

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37 Exhibit T part 2

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38 Exhibit T part 3

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39 Exhibit T part 4

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40 Exhibit T part 5

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41 Exhibit T part 6

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42 Exhibit T part 7

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43 Exhibit U

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44 Exhibit V

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45 Exhibit W part 1

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46 Exhibit W part 2

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47 Exhibit W part 3

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48 Exhibit W part 4

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49 Exhibit X

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50 Exhibit Y

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51 Exhibit Z

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52 Exhibit AA

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53 Exhibit BB

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54 Exhibit CC

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55 Exhibit DD

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56 Exhibit EE part 1

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57 Exhibit EE part 2

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58 Exhibit EE part 3

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59 Exhibit FF

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60 Exhibit GG

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61 Exhibit HH

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55 Dec. 14, 2007

Declaration of Margaret Satterthwaite in Support of 50 Memorandum in Opposition, to the United States' Motion to Dismiss or, in the Alternative, for Summary Judgment filed byAbou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. (Attachments: # 1 Exhibit A and B, # 2 Exhibit C and D, # 3 Exhibit E, # 4 Exhibit F and G, # 5 Exhibit H and I, # 6 Exhibit J - O, # 7 Exhibit P and Q, # 8 Exhibit R and S, # 9 Exhibit Table of Contents)(Related document(s) 50 ) (Wizner, Benjamin) (Filed on 12/14/2007) (Entered: 12/14/2007)

1 Exhibit A and B

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2 Exhibit C and D

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3 Exhibit E

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4 Exhibit F and G

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5 Exhibit H and I

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6 Exhibit J - O

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7 Exhibit P and Q

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8 Exhibit R and S

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9 Exhibit Table of Contents

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56 Dec. 14, 2007

Declaration of Bisher Al-Rawi in Support of 50 Memorandum in Opposition, to the United States' Motion to Dismiss or, in the Alternative, for Summary Judgment filed byAbou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. (Attachments: # 1 Exhibit A - K)(Related document(s) 50 ) (Wizner, Benjamin) (Filed on 12/14/2007) (Entered: 12/14/2007)

1 Exhibit A - K

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57 Dec. 14, 2007

Declaration of Abou Elkassim Britel in Support of 50 Memorandum in Opposition, to the United States' Motion to Dismiss or, in the Alternative, for Summary Judgment filed byAbou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. (Attachments: # 1 Exhibit A - C)(Related document(s) 50 ) (Wizner, Benjamin) (Filed on 12/14/2007) (Entered: 12/14/2007)

1 Exhibit A - C

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58 Dec. 14, 2007

Declaration of Clive Stafford-Smith in Support of 50 Memorandum in Opposition, to the United States' Motion to Dismiss or, in the Alternative, for Summary Judgment filed byAbou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. (Attachments: # 1 Exhibit A - F)(Related document(s) 50 ) (Wizner, Benjamin) (Filed on 12/14/2007) (Entered: 12/14/2007)

1 Exhibit A - F

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59 Dec. 14, 2007

Declaration of Sean Belcher in Support of 50 Memorandum in Opposition, to the United States' Motion to Dismiss or, in the Alternative, for Summary Judgment filed byAbou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. (Related document(s) 50 ) (Wizner, Benjamin) (Filed on 12/14/2007) (Entered: 12/14/2007)

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60 Dec. 17, 2007

MOTION to Withdraw as Attorney for Plaintiffs filed by Abou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. (Kolbi-Molinas, Alexa) (Filed on 12/17/2007) (Entered: 12/17/2007)

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61 Dec. 20, 2007

ORDER by Judge James Ware granting 60 Motion to Withdraw as Attorney. (jwlc1, COURT STAFF) (Filed on 12/20/2007) (Entered: 12/20/2007)

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62 Dec. 20, 2007

ORDER granting 49 Motion for Leave to File Excess Pages; ORDER SETTING CASE MANAGEMENT CONFERENCE by Judge James Ware (jwlc1, COURT STAFF) (Filed on 12/20/2007) (Entered: 12/20/2007)

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Dec. 20, 2007

Set Deadlines/Hearings: purusant to 62 Order Granting Enlargment of Pages; Setting Case Management Conference. Case Management Conference set for 1/7/2008 10:00 AM Courtroom 8, 4th Floor, San Jose before Hon. James Ware. (ecg, COURT STAFF) (Filed on 12/20/2007)

63 Jan. 7, 2008

Minute Entry: Initial Case Management Conference held on 1/7/2008 before James Ware (Date Filed: 1/7/2008). Motion Hearing re 42, 43 set for 2/5/2008 01:00 PM in Courtroom 8, 4th Floor, San Jose. (Court Reporter Irene Rodriguez/Not Reported.) (ecg, COURT STAFF) (Date Filed: 1/7/2008) (Entered: 01/07/2008)

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64 Jan. 8, 2008

ORDER Following Case Management Conference on 1/7/2008. Motion Hearing set for 2/5/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 1/7/2008. (ecg, COURT STAFF) (Filed on 1/8/2008) (Entered: 01/08/2008)

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65 Jan. 18, 2008

Consent MOTION for Leave to File Excess Pages filed by United States of America. (Attachments: # 1 Stipulation)(Abate, Michael) (Filed on 1/18/2008) (Entered: 01/18/2008)

1 Stipulation

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66 Jan. 18, 2008

Reply to Opposition re 43 MOTION to Dismiss or, in the alternative MOTION for Summary Judgment filed byUnited States of America. (Abate, Michael) (Filed on 1/18/2008) (Entered: 01/18/2008)

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67 Jan. 25, 2008

ORDER Granting 65 Motion for Leave to File Excess Pages. Signed by Judge James Ware on 1/25/2008. (ecg, COURT STAFF) (Filed on 1/25/2008) (Entered: 01/25/2008)

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68 Feb. 6, 2008

Minute Entry: Motion Hearing held on 2/5/2007 before Judge James Ware (Date Filed: 2/6/2008) re 43 MOTION to Dismiss or, in the alternative MOTION for Summary Judgment filed by United States of America, 42 MOTION to Intervene filed by United States of America. The Court took the matter under submission after oral argument. The Court to issue further order on motion. (Court Reporter Jana Ridenour.) (ecg, COURT STAFF) (Date Filed: 2/6/2008) (Entered: 02/06/2008)

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69 Feb. 13, 2008

ORDER by Judge James Ware granting 42 Motion to Intervene; granting 43 Motion to Dismiss; finding as moot 43 Motion for Summary Judgment (jwlc2, COURT STAFF) (Filed on 2/13/2008) (Entered: 02/13/2008)

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70 Feb. 13, 2008

JUDGMENT. Signed by Judge James Ware on 02/13/08. (jwlc2, COURT STAFF) (Filed on 2/13/2008) (Entered: 02/13/2008)

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71 March 14, 2008

NOTICE OF APPEAL as to 70 Judgment, 69 Order on Motion to Intervene, Order on Motion to Dismiss, Order on Motion for Summary Judgment by Abou Elkassim Britel, Bisher Al-Rawi, Mohamed Farag Ahmad Bashmilah, Ahmed Agiza, Binyam Mohamed. Filing fee $ 455, receipt number 54611002788. (cv, COURT STAFF) (Filed on 3/14/2008) (cv, COURT STAFF). (Entered: 03/14/2008)

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72 March 14, 2008

Representation Statement (cv, COURT STAFF) (Filed on 3/14/2008) (cv, COURT STAFF). (Entered: 03/14/2008)

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March 21, 2008

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 71 Notice of Appeal, (cv, COURT STAFF) (Filed on 3/21/2008)

74 March 26, 2008

TRANSCRIPT of Proceedings held on 2/5/08 before Judge James Ware. Court Reporter: Jana L. Ridenour.. (srm, COURT STAFF) (Filed on 3/26/2008) (Entered: 03/28/2008)

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73 March 27, 2008

TRANSCRIPT DESIGNATION for proceedings held on 2/5/08 before Judge James Ware. (srm, COURT STAFF) (Filed on 3/27/2008) (Entered: 03/27/2008)

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75 April 4, 2008

USCA Case Number 08-15693 9th Circuit Court of Appeals for 71 Notice of Appeal, filed by Binyam Mohamed, Mohamed Farag Ahmad Bashmilah, Bisher Al-Rawi, Abou Elkassim Britel, Ahmed Agiza. (cv, COURT STAFF) (Filed on 4/4/2008) (Entered: 04/04/2008)

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76 July 21, 2008

ORDER of USCA as to 71 Notice of Appeal, filed by Binyam Mohamed, Mohamed Farag Ahmad Bashmilah, Bisher Al-Rawi, Abou Elkassim Britel, Ahmed Agiza (srm, COURT STAFF) (Filed on 7/21/2008) (Entered: 07/24/2008)

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78 July 23, 2008

ORDER of USCA as to 71 Notice of Appeal, filed by Binyam Mohamed, Mohamed Farag Ahmad Bashmilah, Bisher Al-Rawi, Abou Elkassim Britel, Ahmed Agiza (srm, COURT STAFF) (Filed on 7/23/2008) (Entered: 07/24/2008)

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77 July 24, 2008

Certificate of Record Mailed to USCA re appeal 71 Notice of Appeal. (srm, COURT STAFF) (Filed on 7/24/2008) (Entered: 07/24/2008)

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79 Sept. 3, 2008

ORDER of USCA as to 71 Notice of Appeal, filed by Binyam Mohamed, Mohamed Farag Ahmad Bashmilah, Bisher Al-Rawi, Abou Elkassim Britel, Ahmed Agiza (cv, COURT STAFF) (Filed on 9/3/2008) (Entered: 09/04/2008)

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80 Jan. 13, 2009

ORDER of USCA as to 71 Notice of Appeal, filed by Binyam Mohamed, Mohamed Farag Ahmad Bashmilah, Bisher Al-Rawi, Abou Elkassim Britel, Ahmed Agiza (cv, COURT STAFF) (Filed on 1/13/2009) (Entered: 01/15/2009)

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81 Jan. 13, 2009

*** DUPLICATE DOCKET ENTRY *** please see 80 ORDER of USCA as to 71 Notice of Appeal, filed by Binyam Mohamed, Mohamed Farag Ahmad Bashmilah, Bisher Al-Rawi, Abou Elkassim Britel, Ahmed Agiza (cv, COURT STAFF) (Filed on 1/13/2009) Modified on 11/3/2010 (cv, COURT STAFF). (Entered: 01/15/2009)

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82 April 28, 2009

USCA OPINION as to 71 Notice of Appeal, filed by Binyam Mohamed, Mohamed Farag Ahmad Bashmilah, Bisher Al-Rawi, Abou Elkassim Britel, Ahmed Agiza. REVERSED and REMANDED. (cv, COURT STAFF) (Filed on 4/28/2009) (Entered: 04/28/2009)

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83 May 7, 2009

ORDER SETTING CASE MANAGEMENT CONFERENCE IN LIGHT OF NINTH CIRCUIT REMAND. Joint Case Management Conference statement due 6/12/2009. Further Case Management Conference set for 6/22/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 5/7/2009. (ecg, COURT STAFF) (Filed on 5/7/2009) (Entered: 05/07/2009)

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84 May 14, 2009

NOTICE of Substitution of Counsel by W. Scott Simpson for United States of America in place of Michael P. Abate in this Court. Mr Abate continues to represent the United States in the Court of Appeals. (Simpson, W.) (Filed on 5/14/2009) Modified on 5/14/2009 (cv, COURT STAFF). (Entered: 05/14/2009)

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85 May 22, 2009

STIPULATION and [Proposed] order re 83 CASE MANAGEMENT CONFERENCE. related document 82 Order by United States of America. (Simpson, W.) (Filed on 5/22/2009) Modified on 5/22/2009 (cv, COURT STAFF). Modified text on 6/2/2009,to conform with document posted by counsel (cv, COURT STAFF). Modified text on 6/2/2009, request from court. (cv, COURT STAFF). (Entered: 05/22/2009)

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86 June 12, 2009

CASE MANAGEMENT STATEMENT (JOINT) filed by United States of America. (Attachments: # 1 United States Petition for Rehearing or Rehearing En Banc, # 2 Jeppesen Dataplan Petition for Rehearing and Rehearing En Banc)(Simpson, W.) (Filed on 6/12/2009) (Entered: 06/12/2009)

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87 June 17, 2009

ORDER VACATING CASE MANAGEMENT CONFERENCE re 86 Case Management Statement, 85 Stipulation. The case management conference set for 6/22/2009 is VACATED. The Court will set a new conference date once a final decision is issued by the Ninth Circuit. Signed by Judge James Ware on 6/16/2009. (ecg, COURT STAFF) (Filed on 6/17/2009) (Entered: 06/17/2009)

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88 Oct. 27, 2009

Filed order (ALEX KOZINSKI) En banc oral argument will take place during the week of December 14, 2009, in San Francisco, California. The date and time will be determined by separate order. For further information or special requests regarding scheduling, please contact Deputy Clerk Paul Keller at paul_keller@ca9.uscourts.gov or (415) 355-8026. Within seven days from the date of this order, the parties shall forward to the Clerk of Court thirty additional paper copies of the original briefs and excerpts of record. re 71 Notice of Appeal, : (cv, COURT STAFF) (Filed on 10/27/2009) (Entered: 10/29/2009)

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89 Oct. 27, 2009

ORDER of USCA for PUBLICATION (KOZINSKI, Chief Judge) Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. Judges Reinhardt, McKeown, Gould, By bee, Milan D. Smith, Jr. and Ikuta did not participate in the deliberations or vote in this case. 7109126 (RP) Modified on 10/29/2009 (cv, COURT STAFF). (Entered: 10/29/2009)

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Case Details

State / Territory:

California

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 30, 2007

Closing Date: Sept. 8, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs, foreign nationals, are alleged victims of an extraordinary rendition program operated by the United States CIA.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

NYU Clinical Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States of America

Private Entity/Person

Jeppesen DataPlan, Inc.

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Non-government for-profit

Case Details

Causes of Action:

Alien Tort Claims Act (ATCA), 28 U.S.C. §§ 1350

Other Dockets:

Northern District of California 5:07-cv-02798

U.S. Court of Appeals for the Ninth Circuit 0:08-15693

Supreme Court of the United States 10-00778

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Assault/abuse by staff

Conditions of confinement

Confidentiality

International law

Records Disclosure

Search policies

Terrorism/Post 9-11 issues

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Placement in detention facilities

Restraints (physical)

Policing:

Excessive force

False arrest

Recommended Citation