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 attrorneys, see: https://www.courtlistener.com/docket/4167189/parties/mohamed-v-jeppesen-dataplan-inc/


Judge(s)

Bea, Carlos T. (California)

Callahan, Consuelo Maria (California)

Canby, William Cameron Jr. (Arizona)

Fisher, Raymond C. (California)

Hawkins, Michael Daly (Arizona)

Kozinski, Alex (California)

Paez, Richard A. (California)

Rawlinson, Johnnie B. (Nevada)

Schroeder, Mary Murphy (Arizona)

Seeborg, Richard G. (California)

Judge(s)

Bea, Carlos T. (California)

Callahan, Consuelo Maria (California)

Canby, William Cameron Jr. (Arizona)

Fisher, Raymond C. (California)

Hawkins, Michael Daly (Arizona)

Kozinski, Alex (California)

Paez, Richard A. (California)

Rawlinson, Johnnie B. (Nevada)

Schroeder, Mary Murphy (Arizona)

Seeborg, Richard G. (California)

Tallman, Richard C. (Washington)

Thomas, Sidney Runyan (Montana)

Ware, James (California)

Attorneys(s) for Plaintiff

Brick, Ann (California)

Hoffman, Paul L. (California)

Jaffer, Jameel (New York)

Katznelson, Zachary (Kansas)

Kolbi-Molinas, Alexa Rebecca (New York)

Metcalf, Hope R. (Connecticut)

Satterthwaite, Margaret (New York)

Shapiro, Steven R. (New York)

Smith, Clive Stafford (Other)

Watt, Steven M. (New York)

Wizner, Ben (New York)

Attorneys(s) for Defendant

Collins, Daniel Paul (California)

Klapach, Joseph Scott (California)

Weissman, Henry (California)

Other Attorney(s)

Abate, Michael Patrick (District of Columbia)

Simpson, W. Scott (District of Columbia)

Documents in the Clearinghouse

Document

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
18

5:07-cv-02798

Notice of Appearance of Counsel for Defendant Jeppesen Dataplan, Inc.

Mohamed v. Jeppesen Dataplan

June 26, 2007

June 26, 2007

Notice Letter
25

5:07-cv-02798

Clerk's Notice

Mohamed v. Jeppesen Dataplan

June 28, 2007

June 28, 2007

Notice Letter
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
72

5:07-cv-02798

Representation Statement

Mohamed v. Jeppesen Dataplan

March 13, 2008

March 13, 2008

Pleading / Motion / Brief

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

Resources

Docket

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

Last updated Aug. 25, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

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)

May 30, 2007

May 30, 2007

RECAP
2

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)

May 30, 2007

May 30, 2007

RECAP
3

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)

May 30, 2007

May 30, 2007

RECAP
4

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)

May 30, 2007

May 30, 2007

RECAP
5

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)

May 30, 2007

May 30, 2007

RECAP
6

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)

May 30, 2007

May 30, 2007

RECAP
7

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)

May 30, 2007

May 30, 2007

RECAP
8

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)

May 30, 2007

May 30, 2007

RECAP
9

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

June 7, 2007

June 7, 2007

PACER
10

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

June 13, 2007

June 13, 2007

RECAP
11

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

June 13, 2007

June 13, 2007

RECAP
12

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

June 13, 2007

June 13, 2007

RECAP
13

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

June 13, 2007

June 13, 2007

RECAP
14

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

June 13, 2007

June 13, 2007

RECAP
15

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)

June 18, 2007

June 18, 2007

RECAP
16

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

June 22, 2007

June 22, 2007

RECAP
17

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)

June 25, 2007

June 25, 2007

RECAP
18

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

June 26, 2007

June 26, 2007

RECAP
19

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)

June 26, 2007

June 26, 2007

RECAP
20

*** 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)

June 26, 2007

June 26, 2007

RECAP
21

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)

June 26, 2007

June 26, 2007

RECAP
22

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)

June 26, 2007

June 26, 2007

RECAP
23

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

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June 27, 2007

June 27, 2007

RECAP
24

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)

June 27, 2007

June 27, 2007

RECAP
25

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)

June 28, 2007

June 28, 2007

RECAP
26

*** 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)

Aug. 1, 2007

Aug. 1, 2007

RECAP
27

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)

Aug. 1, 2007

Aug. 1, 2007

RECAP
29

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)

Aug. 3, 2007

Aug. 3, 2007

PACER
28

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)

Aug. 7, 2007

Aug. 7, 2007

RECAP
30

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)

Aug. 8, 2007

Aug. 8, 2007

PACER
31

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)

Aug. 14, 2007

Aug. 14, 2007

RECAP
32

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

Sept. 4, 2007

Sept. 4, 2007

RECAP
33

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)

Sept. 6, 2007

Sept. 6, 2007

RECAP
34

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

Sept. 6, 2007

Sept. 6, 2007

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35

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)

Sept. 6, 2007

Sept. 6, 2007

RECAP
36

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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Sept. 6, 2007

Sept. 6, 2007

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37

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)

Sept. 6, 2007

Sept. 6, 2007

RECAP
38

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)

Sept. 11, 2007

Sept. 11, 2007

RECAP
39

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)

Sept. 11, 2007

Sept. 11, 2007

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40

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)

Sept. 11, 2007

Sept. 11, 2007

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41

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)

Sept. 11, 2007

Sept. 11, 2007

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42

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)

Oct. 19, 2007

Oct. 19, 2007

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43

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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Oct. 19, 2007

Oct. 19, 2007

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44

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

Oct. 22, 2007

Oct. 22, 2007

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45

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)

Oct. 22, 2007

Oct. 22, 2007

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46

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)

Nov. 1, 2007

Nov. 1, 2007

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47

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)

Nov. 2, 2007

Nov. 2, 2007

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48

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)

Nov. 27, 2007

Nov. 27, 2007

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49

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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Dec. 5, 2007

Dec. 5, 2007

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50

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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Dec. 14, 2007

Dec. 14, 2007

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51

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)

Dec. 14, 2007

Dec. 14, 2007

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52

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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Dec. 14, 2007

Dec. 14, 2007

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53

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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Dec. 14, 2007

Dec. 14, 2007

RECAP
54

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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Dec. 14, 2007

Dec. 14, 2007

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55

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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Dec. 14, 2007

Dec. 14, 2007

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56

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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Dec. 14, 2007

Dec. 14, 2007

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57

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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Dec. 14, 2007

Dec. 14, 2007

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58

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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Dec. 14, 2007

Dec. 14, 2007

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59

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)

Dec. 14, 2007

Dec. 14, 2007

RECAP
60

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)

Dec. 17, 2007

Dec. 17, 2007

RECAP
61

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

Dec. 20, 2007

Dec. 20, 2007

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62

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)

Dec. 20, 2007

Dec. 20, 2007

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63

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)

Jan. 7, 2008

Jan. 7, 2008

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64

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)

Jan. 8, 2008

Jan. 8, 2008

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65

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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Jan. 18, 2008

Jan. 18, 2008

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66

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)

Jan. 18, 2008

Jan. 18, 2008

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67

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)

Jan. 25, 2008

Jan. 25, 2008

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68

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)

Feb. 6, 2008

Feb. 6, 2008

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69

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)

Feb. 13, 2008

Feb. 13, 2008

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70

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

Feb. 13, 2008

Feb. 13, 2008

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71

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)

March 14, 2008

March 14, 2008

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72

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

March 14, 2008

March 14, 2008

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74

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)

March 26, 2008

March 26, 2008

PACER
73

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)

March 27, 2008

March 27, 2008

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75

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)

April 4, 2008

April 4, 2008

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76

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)

July 21, 2008

July 21, 2008

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78

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)

July 23, 2008

July 23, 2008

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77

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

July 24, 2008

July 24, 2008

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79

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)

Sept. 3, 2008

Sept. 3, 2008

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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) (Entered: 01/15/2009)

Jan. 13, 2009

Jan. 13, 2009

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81

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)

Jan. 13, 2009

Jan. 13, 2009

PACER
82

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)

April 28, 2009

April 28, 2009

PACER
83

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)

May 7, 2009

May 7, 2009

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84

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)

May 14, 2009

May 14, 2009

PACER
85

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)

May 22, 2009

May 22, 2009

PACER
86

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)

June 12, 2009

June 12, 2009

PACER
87

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)

June 17, 2009

June 17, 2009

RECAP
88

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)

Oct. 27, 2009

Oct. 27, 2009

PACER
89

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)

Oct. 27, 2009

Oct. 27, 2009

PACER
90

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 The motion for leave to file a replacement en banc brief is granted. The United States must file it by November 13, 2009, and it may not exceed 14,000 words. If the United States files a replacement brief, appellants may file a replacement reply brief, which need not be limited to the arguments in their original reply. Any such brief must be filed by November 27, 2009, and may not exceed 10,000 words. (cv, COURT STAFF) (Filed on 11/5/2009) (Entered: 11/12/2009)

Nov. 5, 2009

Nov. 5, 2009

PACER
91

Filed order (ALEX KOZINSKI)Oral argument in this en banc case will be held at 10:00 a.m. on Tuesday, December 15, 2009, in Courtroom One of the James R. re 71 Notice of Appeal, : (cv, COURT STAFF) (Filed on 11/13/2009) (Entered: 11/13/2009)

Nov. 13, 2009

Nov. 13, 2009

PACER
92

Filed order (ALEX KOZINSKI)Electronic Frontier Foundation (EFF) motion for leave to file an amicus brief is granted and the Clerk is ordered to file the brief it submitted with its motion. EFF must submit an additional 30 paper copies of the brief within seven days.(cv, COURT STAFF) (Filed on 12/1/2009) (Entered: 12/03/2009)

Dec. 1, 2009

Dec. 1, 2009

PACER
93

OPINION of USCA FILED (ALEX KOZINSKI, MARY M. SCHROEDER, WILLIAM C. CANBY, MICHAEL DALY HAWKINS, SIDNEY R. THOMAS, RAYMOND C. FISHER, RICHARD A. PAEZ, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, CONSUELO M. CALLAHAN and CARLOS T. BEA) AFFIRMED. THE GOVERNMENT SHALL BEAR ALL PARTIES COSTS ON APPEAL. Judge: AK, Judge: MMS, Judge: WCC, Judge: MDH Dissenting, Judge: SRT, Judge: RCF Authoring, Judge: RAP, Judge: RCT, Judge: JBR, Judge: CMC, Judge: CTB Concurring. FILED AND ENTERED JUDGMENT 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 9/8/2010) (Entered: 09/15/2010)

Sept. 8, 2010

Sept. 8, 2010

PACER
94

MANDATE of USCA The judgment of this Court, entered 9/8/10 93 OPINION from USCA, takes effect this date. This Constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the FRAP. 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 11/2/2010) (Entered: 11/02/2010)

Nov. 2, 2010

Nov. 2, 2010

PACER
95

CLERKS Letter Spreading Mandate to Counsel (cv, COURT STAFF) (Filed on 11/2/2010) (Entered: 11/02/2010)

Nov. 2, 2010

Nov. 2, 2010

PACER
96

Received notice from the Supreme Court: petition for certiorari filed on 12/07/2010. Supreme Court Number 10-778 (cv, COURT STAFF) (Filed on 12/17/2010) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

PACER

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:

NYU Clinical Law Center

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

Jeppesen DataPlan, Inc., Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Assault/abuse by staff

Conditions of confinement

Confidentiality

Confinement/isolation

Excessive force

False arrest

International law

Over/Unlawful Detention

Placement in detention facilities

Records Disclosure

Restraints : physical

Search policies

Terrorism/Post 9-11 issues

Type of Facility:

Government-run

Non-government for-profit