Case: Kindhearts for Charitable Humanitarian Development v. Paulsen

3:08-cv-02400 | U.S. District Court for the Northern District of Ohio

Filed Date: Oct. 9, 2008

Closed Date: 2014

Clearinghouse coding complete

Case Summary

Plaintiff KindHearts for Charitable Humanitarian Development, Inc. (KindHearts), an Ohio non-profit corporation established in 2002, provides millions of dollars of humanitarian aid internationally, principally towards Palestinians in the West Bank, Gaza, and refugee camps in Lebanon. On February 19, 2006, the Office of Foreign Assets Control (OFAC) of the United States Treasury Department notified KindHearts that all its property and assets were frozen pending an investigation into whether Kin…

Plaintiff KindHearts for Charitable Humanitarian Development, Inc. (KindHearts), an Ohio non-profit corporation established in 2002, provides millions of dollars of humanitarian aid internationally, principally towards Palestinians in the West Bank, Gaza, and refugee camps in Lebanon. On February 19, 2006, the Office of Foreign Assets Control (OFAC) of the United States Treasury Department notified KindHearts that all its property and assets were frozen pending an investigation into whether KindHearts provided material support to Hamas. The same day, federal agents executed a search warrant at the KindHearts headquarters and the residence of its president. Over a year later in May 2007, OFAC provisionally determined that KindHearts should be designated as a Specially Designated Global Terrorist (SDGT) under the International Emergency Economic Powers Act (IEEPA), 50 U.S.D. § 1701 et seq. and Executive Order 13224 (E.O. 13224).

On 10/09/2008, plaintiff, represented by the American Civil Liberties Union, filed suit in United States District Court for the Northern District of Ohio against OFAC, alleging violations of the First, Fourth, and Fifth Amendments, the Administrative Procedures Act, 5 U.S.C. § 701 et seq., the IEEPA, 50 U.S.C. § 1701(a), and E.O. 13224. Plaintiff requested an injunction vacating the freeze order and declaratory judgment.

The district court (Judge James Carr) issued a temporary restraining order blocking the SGDT designation pending judicial review. In November and December 2008, both parties moved for summary judgment and defendants moved to dismiss.

Meanwhile, plaintiff had filed a motion under the Federal Rules of Criminal Procedure 41(g) to recover some of the materials seized in February 2006. The district court ordered government to produce copies of the seized materials. In re Search of KindHearts for Charitable Humanitarian Development, Inc., 594 F. Supp. 2d 855 (N.D. Ohio 2009).

Following oral arguments on the issue of summary judgment, in August 2009 the district court partially granted the motion to dismiss with respect to some Fourth Amendment claims and OFAC's constitutional authority. Plaintiff's motion for partial summary judgment was granted with respect to OFAC's violation of the Fourth Amendment, failure to provide notice an opportunity to be heard, and blocking plaintiff's funds to compensate its legal counsel. KindHearts for Charitable Humanitarian Development v. Geithner, 647 F. Supp. 2d 857 (N.D. Ohio 2009).

Plaintiff moved for, and the district court granted, a temporary restraining order enjoining defendants from proceeding with the SGDT designation process pending the court's adjudication of applicable remedies for the constitutional and statutory violations found in the August 2009 order. KindHearts for Charitable Humanitarian Development, Inc. v. Geithner, 676 F. Supp. 2d 649 (N.D. Ohio 2009).

Following supplemental briefing on the issue of applicable remedies, in May 2010 the district court ordered government to show probable cause and provide plaintiff with notice of its basis for the freeze on its assets and the pending OFAC investigation. KindHearts for Charitable Humanitarian Development, Inc. v. Geithner, 710 F. Supp. 2d 637 (N.D. Ohio 2010).

Defendants provided briefing on the issues, and the parties headed towards trial. However, in January 2012, the parties settled. Plaintiff was required to dissolve and cease operations, and defendants were required to remove Kindhearts from all lists of entities whose assets are blocked and to pay $330,000 in attorneys' fees and expenses.

The parties jointly stipulated to dismissal and moved to dissolve the preliminary injunction pursuant to the fulfillment of their settlement agreement on July 15, 2014. The court dismissed the case with prejudice on July 17.

Summary Authors

Elizabeth Homan (11/18/2013)

Elizabeth Heise (11/18/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4359882/parties/kindhearts-for-charitable-humanitarian-development-inc-v-paulsen/


Judge(s)

Carr, James G. (Ohio)

Attorneys(s) for Plaintiff

Abdo, Alex (New York)

Bernabei, Lynne (District of Columbia)

Byers, Fritz (Ohio)

Cole, David (District of Columbia)

Davis, Carrie L. (Ohio)

Gamso, Jeffrey M. (Ohio)

Kabat, Alan R. (District of Columbia)

Shamsi, Hina (New York)

Wizner, Ben (New York)

Judge(s)

Carr, James G. (Ohio)

Attorneys(s) for Plaintiff

Abdo, Alex (New York)

Bernabei, Lynne (District of Columbia)

Byers, Fritz (Ohio)

Cole, David (District of Columbia)

Davis, Carrie L. (Ohio)

Gamso, Jeffrey M. (Ohio)

Kabat, Alan R. (District of Columbia)

Shamsi, Hina (New York)

Wizner, Ben (New York)

Attorneys(s) for Defendant

Buckingham, Stephen J. (District of Columbia)

Powell, Amy E. (District of Columbia)

Zimmerman, Jonathan Eli (District of Columbia)

Other Attorney(s)

Maloney, Daniel J. (Ohio)

Natarajan, Ranjana (California)

Documents in the Clearinghouse

Document

Docket [PACER]

July 17, 2014 Docket
12

Temporary Restraining Order and Preliminary Injunction

Kinhearts for Charitable Humanitarian Development, Inc. v. Paulson

Oct. 9, 2008 Order/Opinion
1

Complaint

Kindhearts for Charitable Humanitarian Development, Inc. v. Paulson

Oct. 9, 2008 Complaint
87

Order

Kindhearts for Charitable Humanitarian Development, Inc. v Geithner

647 F.Supp.2d 857

Aug. 18, 2009 Order/Opinion
87

Order

KindHearts for Charitable Humanitarian Development, Inc. v. Geithner

Aug. 18, 2009 Order/Opinion
87

Order

Kindhearts for Charitable Humanitarian Development Inc. v. Geithner

594 F.Supp.2d 855

Aug. 19, 2009 Order/Opinion
106

Order

KindHearts for Charitable Humanitarian Development, Inc. v. Geithner

676 F.Supp.2d 649

Oct. 26, 2009 Order/Opinion
115

Order

Kindhearts for Charitable Humanitarian Development, Inc. v. Geithner

710 F.Supp.2d 637

May 10, 2010 Order/Opinion
162

Order

Kindhearts for Charitable Humanitarian Development, Inc. v. Geithner

Jan. 12, 2012 Order/Opinion
165

Joint Status Report

Kindhearts for Charitable Humanitarian Development, Inc. v. Geithner

Nov. 2, 2012 Settlement Agreement

Resources

Title Description External URL

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4359882/kindhearts-for-charitable-humanitarian-development-inc-v-paulsen/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint against Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. Filing fee $ 350, receipt number 34660003298, filed by Kindhearts For Charitable Humanitarian Development, Inc.. (Attachments: # 1 Civil Cover Sheet) (C,D) (Entered: 10/09/2008)

1 Civil Cover Sheet

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Oct. 9, 2008 PACER
2

Motion for temporary restraining order and preliminary injunction filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Attachments: # 1 Certificate of Counsel, # 2 Proposed Order)(C,D) (Entered: 10/09/2008)

1 Certificate of Counsel

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2 Proposed Order

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Oct. 9, 2008 RECAP
3

Memorandum of points and authorities In Support of 2 Motion for temporary restraining order and preliminary injunction filed by Kindhearts For Charitable Humanitarian Development, Inc.. (C,D) (Entered: 10/09/2008)

Oct. 9, 2008 PACER
4

Motion for order to enlarge page limit filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (C,D) (Entered: 10/09/2008)

Oct. 9, 2008 PACER
5

Declaration of Alan R. Kabat filed by Kindhearts For Charitable Humanitarian Development, Inc.. (C,D) (Entered: 10/09/2008)

Oct. 9, 2008 PACER
6

Declaration of John W. Boyd filed by Kindhearts For Charitable Humanitarian Development, Inc.. (C,D) (Entered: 10/09/2008)

Oct. 9, 2008 PACER
7

Declaration of Ellen Yaroshefsky filed by Kindhearts For Charitable Humanitarian Development, Inc.. (C,D) (Entered: 10/09/2008)

Oct. 9, 2008 PACER
8

Declaration of Jihad M.Smaili (Complete file held in clerks office for viewing) filed by Kindhearts For Charitable Humanitarian Development, Inc.. (C,D) (Entered: 10/09/2008)

Oct. 9, 2008 RECAP
9

Declaration of Lynne Bernabei (2 Volumes) (Complete file available in Clerk's office) filed by Kindhearts For Charitable Humanitarian Development, Inc.. (C,D) Modified on 10/9/2008 (G,D). (Entered: 10/09/2008)

Oct. 9, 2008 PACER
10

Motion for attorney David Cole to Appear Pro Hac Vice. Filing fee $ 100, receipt number 34660003300, filed byFritz Byers. (C,D) (Entered: 10/09/2008)

Oct. 9, 2008 PACER
11

Motion for attorney Hina Shamsi to Appear Pro Hac Vice. Filing fee $ 100, receipt number 34660003299.Filed by Fritz Byers (C,D) (Entered: 10/09/2008)

Oct. 9, 2008 PACER
12

Order granting plaintiff's Motion for Temporary Restraining Order. (see order for full details). (Related Doc # 2 ). Judge James G. Carr on 10/9/2008.(S,AL) (Entered: 10/09/2008)

Oct. 9, 2008 PACER

Minutes of proceedings [Non Document] before Judge James G. Carr.Motion Hearing held on 10/9/2008 re Motion for temporary restraining order. Motion granted. Pretrial Conference set for 10/16/2008 at 09:00 AM in Chambers 210 before Judge James G. Carr. (Court Reporter Angela Nixon.)Related document(s) 2 (S,AL)

Oct. 9, 2008 PACER
13

Joint Motion to continue conference filed by Henry M. Paulson, Adam J. Szubin and Michael B. Mukasey. (Powell, Amy) Modified on 10/15/2008 (document unsigned, filer notified) (B,TM). (Entered: 10/14/2008)

Oct. 14, 2008 PACER
14

Marginal Entry Order: Motion to continue the 10/16/2008 scheduling conference is granted. Telephone status conference is scheduled 10/20/2008 at noon. Parties are to call into the court's bridge line at (419)213-5510. Access code is 551011. Signed by Judge James G. Carr on 10/15/2008. (Related Doc # 13 ). (S,JM) (Entered: 10/15/2008)

Oct. 15, 2008 PACER
15

Marginal Entry Order granting plaintiff's Motion for order to enlarge page limit for memorandum in support of motion for temporary restraining order and preliminary injunction. (Related Docs # 3 4 ). Signed by Judge James G. Carr on 10/17/2008.(S,JM) (Entered: 10/17/2008)

Oct. 17, 2008 PACER
16

Marginal Entry Order granting Motion for attorney David D. Cole to appear pro hac vice for plaintiff Kindhearts For Charitable Humanitarian Development, Inc. (Related Doc # 10 ). Signed by Judge James G. Carr on 10/17/2008.(S,JM) (Entered: 10/17/2008)

Oct. 17, 2008 PACER
17

Marginal Entry Order granting Motion for attorney Hina Shamsi to appear pro hac vice for Kindhearts For Charitable Humanitarian Development, Inc. (Related Doc # 11 ). Signed by Judge James G. Carr on 10/17/2008.(S,JM) (Entered: 10/17/2008)

Oct. 17, 2008 PACER
18

Attorney Appearance by Amy E. Powell filed by on behalf of all defendants. (Powell, Amy) (Entered: 10/20/2008)

Oct. 20, 2008 PACER
19

Joint Motion for extension of motion deadlines and to set a briefing schedule filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. (Powell, Amy) (Entered: 10/20/2008)

Oct. 20, 2008 PACER
20

Unopposed Motion to vacate Temporary Restraining Order and Preliminary Injunction filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. Related document(s) 12 . (Powell, Amy) (Entered: 10/20/2008)

Oct. 20, 2008 PACER
21

Marginal Entry Order : plaintiff's motion for summary judgment is due 11/21/08; defendants' opposition/cross motion due 12/12/08; reply/opposition due 1/7/09; reply due 1/26/09. 19 . Judge James G. Carr on 10/24/2008.(S,AL) (Entered: 10/24/2008)

Oct. 24, 2008 PACER
22

Marginal Entry Order granting the unopposed Motion to vacate the temporary restraining order and preliminary injuction. (Related Doc # 20 ). Judge James G. Carr on 10/24/2008.(S,AL) (Entered: 10/24/2008)

Oct. 24, 2008 PACER
23

Motion for attorney Lynne Bernebei to Appear Pro Hac Vice. Filing fee $100.00, receipt number 06470000000003269808, filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) Modified on 10/29/2008 (document unsigned, filer notified) (B,TM). (Entered: 10/29/2008)

Oct. 29, 2008 PACER
24

Motion for attorney Alan Kabat to Appear Pro Hac Vice. Filing fee $100.00, receipt number 06470000000003269825, filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) Modified on 10/29/2008 (document unsigned, filer notified) (B,TM). (Entered: 10/29/2008)

Oct. 29, 2008 PACER
25

Marginal Entry Order granting Motion for attorney Lynne Bernabei to appear pro hac vice for plaintiff Kindhearts For Charitable Humanitarian Development, Inc. (Related Doc # 23 ). Signed by Judge James G. Carr on 10/30/2008.(S,JM) (Entered: 10/30/2008)

Oct. 30, 2008 PACER
26

Marginal Entry Order granting Motion for attorney Alan R. Kabat to appear pro hac vice for plaintiff Kindhearts For Charitable Humanitarian Development, Inc. (Related Doc # 24 ). Signed by Judge James G. Carr on 10/30/2008.(S,JM) (Entered: 10/30/2008)

Oct. 30, 2008 PACER
27

Notice of Filing of OFAC Licenses filed by Kindhearts For Charitable Humanitarian Development, Inc.. (Attachments: # 1 Exhibit)(Kabat, Alan) (Entered: 11/04/2008)

1 Exhibit

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Nov. 4, 2008 PACER
28

Notice of Intent to Use Foreign Intelligence Surveillance Act Information filed by all defendants. (Powell, Amy) (Entered: 11/20/2008)

Nov. 20, 2008 PACER
29

Motion for Order to Enlarge Page Limit filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) (Entered: 11/20/2008)

Nov. 20, 2008 PACER
30

Marginal Entry Order granting Motion to enlarge page limit for Plaintiff's memorandum in support of its motion for partial summaryjudgment. (Related Doc # 29 ). Signed by Judge James G. Carr on 11/20/2008.(S,JM) (Entered: 11/20/2008)

Nov. 20, 2008 PACER
31

Motion for partial summary judgment filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Shamsi, Hina) (Entered: 11/21/2008)

Nov. 21, 2008 PACER
32

Memorandum in support of motion for partial summary judgment filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. Related document(s) 31 . (Attachments: # 1 Affidavit Declaration of Lynne Bernabei, # 2 Affidavit Declaration of Jihad Smaili, # 3 Affidavit Declaration of Fritz Byers, # 4 Affidavit Declaration of Alan Kabat, # 5 Affidavit Declaration of John Boyd, # 6 Affidavit Declaration of Ellen Yaroshefsky) (Shamsi, Hina) Modified on 11/25/2008 (B,TM). (Entered: 11/21/2008)

1 Affidavit Declaration of Lynne Bernabei

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2 Affidavit Declaration of Jihad Smaili

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3 Affidavit Declaration of Fritz Byers

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4 Affidavit Declaration of Alan Kabat

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5 Affidavit Declaration of John Boyd

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6 Affidavit Declaration of Ellen Yaroshefsky

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Nov. 21, 2008 PACER
33

Exhibit V Volume 1 of 2 (224 pages) to the Declaration of Lynne Bernabei in support of Motion for Partial Summary Judgment filed by Kindhearts For Charitable Humanitarian Development, Inc. (Complete document on file) Related document(s) 31 (C,D) (Entered: 11/24/2008)

Nov. 21, 2008 PACER
34

Exhibit V Volume 2 of 2 (309 pages) to the Declaration of Lynne Bernabei in support of Motion for Partial Summary Judgment (Complete document on file)filed by Kindhearts For Charitable Humanitarian Development, Inc. Related document(s) 31 . (C,D) (Entered: 11/24/2008)

Nov. 21, 2008 PACER
35

Unopposed Motion for Expansion of Page Limitations filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. (Attachments: # 1 Proposed Order)(Powell, Amy) (Entered: 12/12/2008)

1 Proposed Order

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Dec. 12, 2008 PACER
36

Motion to dismiss or in the alternative, Motion for summary judgment and Opposition to plaintiff's Partial Motion for Summary Judgment filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. Related document(s) 1 . (Attachments: # 1 Exhibit A - Declaration of Adam Szubin, # 2 Exhibit B - GRF Slip Op, # 3 Exhibit C - Holy Land Slip Op, # 4 Proposed Order, # 5 Certificate of Service)(Powell, Amy) Modified on 12/18/2008 (B,TM). (Entered: 12/12/2008)

1 Exhibit A - Declaration of Adam Szubin

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2 Exhibit B - GRF Slip Op

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3 Exhibit C - Holy Land Slip Op

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4 Proposed Order

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5 Certificate of Service

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Dec. 12, 2008 PACER
37

Notice of Manual Filing of Administrative Record filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. (Powell, Amy) (Entered: 12/12/2008)

Dec. 12, 2008 PACER
38

DUPLICATE OF 36 Opposition to 31 Motion for partial summary judgment filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. (Powell, Amy) Modified on 12/18/2008 (B,TM). (Entered: 12/13/2008)

Dec. 12, 2008 PACER
39

Notice of Lodging Ex Parte, In Camera Materials filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. (Powell, Amy) (Entered: 12/13/2008)

Dec. 13, 2008 PACER
40

Administrative Record (Vol. 1 of 5) - Blocking Notice & BPI Exhibits 1 - 57 filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. Complete document on file in Clerk's Office. (G,D) (Entered: 12/15/2008)

Dec. 15, 2008 PACER
41

Administrative Record (Vol. 2 of 5) - BPI Exhibits 58 - 92 & Correspondence filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. Complete document on file in Clerk's Office. (G,D) (Entered: 12/15/2008)

Dec. 15, 2008 PACER
42

Administrative Record (Vol. 3 of 5) - PDM Exhibits 1 - 60 filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. Complete document on file in Clerk's Office (G,D) (Entered: 12/15/2008)

Dec. 15, 2008 PACER
43

Administrative Record (Vol. 4 of 5) - PDM Exhibits 61 - 104 filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. Complete document on file in Clerk's Office (G,D) (Entered: 12/15/2008)

Dec. 15, 2008 PACER
44

Administrative Record (Vol. 5 of 5) - PDM Exhibits 105 - 114 & Correspondence filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. Complete document on file in Clerk's Office. (G,D) (Entered: 12/15/2008)

Dec. 15, 2008 PACER
45

Reply (classified) in support of defendants' motion to dismiss, or in the alternative, for summary judgment and opposition to plaintiff's motion for partial summary judgment filed by all defendants. 31 36 (S,AL) (Entered: 12/18/2008)

Dec. 18, 2008 PACER
46

Order granting Motion by Defendants Paulson, Szubin and Mukasey to file its Memorandum in Support of Defendants' Motion to Dismiss or in the Alternative for Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment not to exceed eighty (80) pages in length. (Related Doc # 35 ). Signed by Judge James G. Carr on 12/22/2008.(S,JM) (Entered: 12/22/2008)

Dec. 22, 2008 PACER
47

Unopposed Motion for extension of Parties' Opposition/Reply Briefs until Jan. 16, 2009/February 6, 2009 filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) (Entered: 12/30/2008)

Dec. 30, 2008 PACER
48

Marginal Entry Order granting 47 plaintiff's motion for extention of deadlines. Plaintiff's reply in support of its motion for summary judgment and opposition to defendants' motion for summary judgment is due 1/16/2009; Defendants' reply in support of its motion for summary judgment is due 2/6/2009. Signed by Judge James G. Carr on 1/5/2009.(S,JM) (Entered: 01/05/2009)

Jan. 5, 2009 PACER
49

Unopposed Motion to Modify Briefing Schedule filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) Modified on 1/20/2009 (B,TM). (Entered: 01/15/2009)

Jan. 15, 2009 PACER
50

Marginal Entry Order granting 49 plaintiff's Motion to Modify Briefing Schedule. Plaintiffs reply in support of its motion for summary judgment and opposition to defendants' motion for summary judgment are due 2/2/2009. Defendants' reply in support of their motion for summary judgment is due 2/27/2009. Signed by Judge James G. Carr on 1/20/2009.(S,JM) (Entered: 01/20/2009)

Jan. 20, 2009 PACER

Notice of Hearing [Non Document]: Pretrial/Scheduling Conference set for 2/9/2009 at 04:30 PM in Chambers 210 before Judge James G. Carr. Prior to said conference the parties shall file status reports/agendas on February 6, 2009. (S,AL)

Jan. 30, 2009 PACER
51

Notice of Manual Filing of Supplement to Administrative Record filed by all defendants. (Powell, Amy) (Entered: 01/30/2009)

Jan. 30, 2009 PACER
52

Unopposed Motion for Order to Enlarge Page Limit for Reply Memorandum in support of Motion for Partial Summary Judgment and in Opposition to defendants Motion for Summary Judgment filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) Modified on 2/3/2009 (B,TM). (Entered: 01/31/2009)

Jan. 31, 2009 PACER
53

Reply to response to 31 Motion for partial summary judgment, 36 Motion to dismiss or in the alternative Motion for summary judgment filed by Kindhearts For Charitable Humanitarian Development, Inc.. (Attachments: # 1 Second Declaration of Alan Kabat)(Shamsi, Hina) (Entered: 02/02/2009)

1 Second Declaration of Alan Kabat

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Feb. 2, 2009 PACER
54

Supplement to Administrative Record (KH1 - 675) filed by all defendants. Complete document on file in Clerk's Office (G,D) (Entered: 02/03/2009)

Feb. 2, 2009 PACER
55

Supplement to Administrative Record (KH676 - 1369) filed by all defendants. Complete document on file in Clerk's Office (G,D) (Entered: 02/03/2009)

Feb. 2, 2009 PACER
56

Certification of Supplement to Administrative Record filed by all defendants. Complete document on file in Clerk's Office. (59 pgs) Related document(s) 54, 55 .(G,D) (Entered: 02/03/2009)

Feb. 2, 2009 PACER
57

Marginal Entry Order granting Motion to enlarge page limit for plaintiff's reply memorandum in support of its motion for summary judgment and in opposition to the defendants' motion for summary judgment. (Related Documents 52 53 ). Signed by Judge James G. Carr on 2/6/2009.(S,JM) (Entered: 02/06/2009)

Feb. 6, 2009 PACER
58

Status Report filed by all defendants. (Powell, Amy) (Entered: 02/06/2009)

Feb. 6, 2009 PACER
59

Status Report filed by Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) (Entered: 02/06/2009)

Feb. 6, 2009 PACER
60

Order: Status Conference was held on 2/9/2009 before Judge James G. Carr. Oral arguments on pending motions are scheduled 3/24/2009 at 8:30 a.m., in Chambers 210 before Judge James G. Carr. Signed by Judge James G. Carr on 2/12/2009. (Court reporter: Cynthia Lee.) (Time: 20 min.) (S,JM) (Entered: 02/12/2009)

Feb. 12, 2009 PACER
61

Unopposed Motion for extension of Reply Memorandum in Support of Motion for Summary Judgment until March 6, 2009 filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. (Powell, Amy) Modified on 2/23/2009 (document unsigned, filer notified) (B,TM). (Entered: 02/20/2009)

Feb. 20, 2009 PACER
62

Marginal Entry Order granting 61 the defendant's Motion for an extension of time until 3/6/09 to file their reply brief. Judge James G. Carr on 2/26/2009.(S,AL) (Entered: 02/26/2009)

Feb. 26, 2009 PACER
63

Motion for attorney Ranjana Natarajan to Appear Pro Hac Vice. Filing fee paid of $100.00, receipt number 06470000000003442247, filed by Amicus Curiae parties. (Maloney, Daniel) Modified on 3/3/2009 (B,TM). (Entered: 02/27/2009)

Feb. 27, 2009 PACER
64

Affidavit/Declaration of Ranjana Natarajan filed by Grantmakers Without Borders, OMB Watch, Kay Guinane, American-Arab Anti-Discrimination Committee, Appleton Foundation, Bill of Rights Defense Committee, Defending Dissent Foundation, Fund for Nonviolence, Grassroots International, Kinder USA, Muslim Advocates, Muslim Public Affairs Council. (Maloney, Daniel) Modified on 3/3/2009 (signature of Ranjana Natarajan) (B,TM). (Entered: 02/27/2009)

Feb. 27, 2009 PACER
65

Motion for Leave to File Proposed Brief Amicus Curiae filed by Grantmakers Without Borders, OMB Watch, Kay Guinane, American-Arab Anti-Discrimination Committee, Appleton Foundation, Bill of Rights Defense Committee, Defending Dissent Foundation, Fund for Nonviolence, Grassroots International, Kinder USA, Muslim Advocates, Muslim Public Affairs Council. (Maloney, Daniel) Modified on 3/3/2009 (B,TM). (Entered: 02/27/2009)

Feb. 27, 2009 PACER
66

Affidavit/Declaration in Support of Motion For Leave to File Proposed Brief Amicus Curiae filed by Grantmakers Without Borders, OMB Watch, Kay Guinane, American-Arab Anti-Discrimination Committee, Appleton Foundation, Bill of Rights Defense Committee, Defending Dissent Foundation, Fund for Nonviolence, Grassroots International, Kinder USA, Muslim Advocates, Muslim Public Affairs Council. (Attachments: # 1 Brief of Amici Curiae)(Maloney, Daniel) (Entered: 02/27/2009)

1 Brief of Amici Curiae

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Feb. 27, 2009 PACER
67

Proposed Order in support of 65 Motion for Leave to File Proposed Brief Amicus Curiae filed by Grantmakers Without Borders, OMB Watch, Kay Guinane, American-Arab Anti-Discrimination Committee, Appleton Foundation, Bill of Rights Defense Committee, Defending Dissent Foundation, Fund for Nonviolence, Grassroots International, Kinder USA, Muslim Advocates, Muslim Public Affairs Council. (Maloney, Daniel) Modified on 3/3/2009 (B,TM). (Entered: 02/27/2009)

Feb. 27, 2009 PACER
68

Memorandum In Support of 65 Motion for Leave to File Proposed Brief Amicus Curiae filed by Grantmakers Without Borders, OMB Watch, Kay Guinane, American-Arab Anti-Discrimination Committee, Appleton Foundation, Bill of Rights Defense Committee, Defending Dissent Foundation, Fund for Nonviolence, Grassroots International, Kinder USA, Muslim Advocates, Muslim Public Affairs Council. (Maloney, Daniel) Modified on 3/3/2009 (B,TM). (Entered: 02/27/2009)

Feb. 27, 2009 PACER
69

Corporate Disclosure Statement filed by Grantmakers Without Borders, OMB Watch, Kay Guinane, American-Arab Anti-Discrimination Committee, Appleton Foundation, Bill of Rights Defense Committee, Defending Dissent Foundation, Fund for Nonviolence, Grassroots International, Kinder USA, Muslim Advocates, Muslim Public Affairs Council. (Maloney, Daniel) Modified on 3/3/2009 (B,TM). (Entered: 02/27/2009)

Feb. 27, 2009 PACER
70

Marginal Entry Order granting Motion for attorney Ranjana Natarajan to appear pro hac vice for Amicus Curiae parties Grantmakers Without Borders, OMB Watch, Kay Guinane, American-Arab Anti-Discrimination Committee, Appleton Foundation, Bill of Rights Defense Committee, Defending Dissent Foundation, Fund for Nonviolence, Grassroots International, Kinder USA, Muslim Advocates and Muslim Public Affairs Council. Signed by Judge James G. Carr on 3/3/2009. (Related Doc # 63 )(S,JM) (Entered: 03/03/2009)

March 3, 2009 PACER
71

Order granting Motion for leave to file an amicus curiae. (Related Doc # 65 ). Judge James G. Carr on 3/5/2009. (S,AL) Modified on 3/6/2009 (B,TM). (Entered: 03/05/2009)

March 5, 2009 PACER
72

Unopposed Motion for expansion of page limits to the Reply Memorandum in support of Motion to Dismiss or in the alternative Summary Judgment filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. (Powell, Amy) Modified on 3/10/2009 (B,TM). (Entered: 03/06/2009)

March 6, 2009 PACER
73

Reply to response to 36 Motion to dismiss or in the alternative Motion for summary judgment filed by all defendants. (Attachments: # 1 Exhibit 1 - Supplemental Declaration of Adam Szubin)(Powell, Amy) (Entered: 03/06/2009)

1 Exhibit 1 - Supplemental Declaration of Adam Szubin

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March 6, 2009 PACER
74

Notice of Filing Second Supplement to Public Administrative Record filed by all defendants. (Attachments: # 1 Certification of Second Supplement by William Schisa, # 2 Second Supplement to Public Administrative Record)(Powell, Amy) (Entered: 03/06/2009)

1 Certification of Second Supplement by William Schisa

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2 Second Supplement to Public Administrative Record

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March 6, 2009 PACER
75

Response to 65 Motion for leave to file Brief of Amici Curiae filed by all defendants. (Powell, Amy) Modified on 3/10/2009 (B,TM). (Entered: 03/06/2009)

March 6, 2009 PACER
76

Marginal Entry Order granting defendants' Motion for order to exceed the page limitation. (Related Doc # 72 ). Judge James G. Carr on 3/12/2009.(S,AL) (Entered: 03/12/2009)

March 12, 2009 PACER
77

Notice of Filing Third Supplement to Public Administrative Record filed by all defendants. (Attachments: # 1 Third Supplement to Public Administrative Record)(Powell, Amy) (Entered: 03/13/2009)

1 Third Supplement to Public Administrative Record

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March 13, 2009 PACER

Notice of Hearing [Non Document]: Telephone Conference set for 3/24/2009 09:30 AM in to be held before Judge James G. Carr. Counsel to call: 419-213-5509, access code 550911. (S,AL)

March 17, 2009 PACER
78

Statement of Supplemental Issues filed by all defendants. (Attachments: # 1 Certification)(Powell, Amy) Modified on 3/19/2009 (B,TM). (Entered: 03/18/2009)

1 Certification

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March 18, 2009 PACER
79

Statement of Supplemental Issues filed by Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) Modified on 3/19/2009 (B,TM). (Entered: 03/18/2009)

March 18, 2009 PACER
80

Order: Telephone Conference was held on 3/24/2009 before Judge James G. Carr. Oral argument on pending motions for summary judgment are rescheduled for 5/1/2009, at 8:30 a.m. Clerk to note the appearance of John Czarnecki as counsel of Khalid Smali. Signed by Judge James G. Carr on 3/25/2009. (Time: 45 min.) (S,JM) (Entered: 03/25/2009)

March 25, 2009 PACER
81

Questions for counsel re. Oral Argument scheduled for 5/1/09. (S,AL) (Entered: 04/30/2009)

April 30, 2009 PACER
82

Notice Of Filing Of Fourth Supplement To Administrative Record filed by all defendants. (Attachments: # 1 Exhibit Letter to Bernabei from OFAC, # 2 Exhibit Attachments 1-3, # 3 Exhibit Attachments 4-6, # 4 Exhibit Attachments 7-13, # 5 Exhibit Attachments 14-19, # 6 Exhibit License)(Powell, Amy) (Entered: 04/30/2009)

1 Exhibit Letter to Bernabei from OFAC

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2 Exhibit Attachments 1-3

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3 Exhibit Attachments 4-6

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4 Exhibit Attachments 7-13

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5 Exhibit Attachments 14-19

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6 Exhibit License

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April 30, 2009 PACER

Minutes of proceedings [Non Document] before Judge James G. Carr.Oral Argument held on 5/1/2009. Matter taken under advisement. (Court Reporter: Tracy Spore.)Time: 7.5. (S,AL)

May 1, 2009 PACER
83

Notice of Filing of OFAC Fee Petitions filed by Kindhearts For Charitable Humanitarian Development, Inc.. (Attachments: # 1 Exhibit 1-2 (OFAC Fee Petitions))Related document(s) 53, 32, 31 .(Kabat, Alan) (Entered: 05/07/2009)

1 Exhibit 1-2 (OFAC Fee Petitions)

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May 7, 2009 PACER
84

Notice of Filing of OFAC's Decision on Request for Extension of Time filed by all plaintiffs. (Attachments: # 1 Exhibit)(Kabat, Alan) (Entered: 06/26/2009)

1 Exhibit

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June 26, 2009 PACER
85

Transcript of Oral Argument held on 5/1/09 before Judge James G. Carr. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-392-6626. [274 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 7/16/2009. Redaction Request due 7/28/2009. Redacted Transcript Deadline set for 8/7/2009. Release of Transcript Restriction set for 10/5/2009. (S,Tr) (Entered: 07/07/2009)

July 7, 2009 PACER
86

Notice of Filing of OFAC's Decision on Plaintiff's Fee Petitions filed by Kindhearts For Charitable Humanitarian Development, Inc.. Related document(s) 83 .(Kabat, Alan) (Entered: 08/05/2009)

Aug. 5, 2009 PACER
87

Order : Secretary of the Treasury Timothy Geithner and Attorney General Eric H. Holder are hereby substituted as defendants for former Secretary of the Treasury Henry M. Paulson and former Attorney General Michael B. Mukasey, respectively. Defendant's motion to dismiss [Doc. 36] is granted with regard to plaintiffs claims that: The Fourth Amendment precludes final designation of plaintiff as a Specially Designated Global Terrorist, without prejudice; OFAC's authority is void for vagueness; OFAC's block pending investigation of plaintiff's assets contravened due process of law on its face; As applied, OFACs provisional designation of KindHearts as a Specially Designated Global Terrorist contravened due process, without prejudice; OFAC's impairment of plaintiffs investigation violated due process; OFACs restriction of access to blocked funds to compensate counsel, and otherwise is denied. Defendant's motion to dismiss is otherwise denied. Plaintiff's motion for partial summary judgment is granted with regard to its claims: that OFAC violated the Fourth Amendment claim when it seized plaintiffs assets without probable cause and prior judicial review and issuance of a warrant for such seizure; OFAC's failure to provide notice, and an opportunity to be heard, and its restrictions on plaintiff's access to its documents; OFAC's limitation on the extent to which plaintiffs' blocked funds are available to it to compensate its counsel was arbitrary and capricious and violated the Administrative Procedure Act.Plaintiffs motion for summary judgment is otherwise denied. A status/scheduling conference is set for September 21, 2009 at 3:30 p.m.; not later than one week before the conference the parties shall submit an agreed or separate status report[s] specifying issues needing further consideration and suggesting a timetable for adjudication or other disposition of such issues. (Related Doc # 36 ) (Related Doc # 31 ). Judge James G. Carr on 8/18/2009.(S,AL) (Entered: 08/18/2009)

Aug. 18, 2009 RECAP
88

Status Report of Plaintiffs in Response to Court's Order of August 18, 2009 filed by Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) (Entered: 09/14/2009)

Sept. 14, 2009 PACER
89

Status Report filed by defendants, Geithner, Szubin and Holder. (Powell, Amy) Modified on 10/27/2009 (B,TM). (Entered: 09/14/2009)

Sept. 14, 2009 PACER
90

Notice denying request for extension of deadline to provisional designation determination filed by defendants. (Attachments: # 1 Attachment A)(Zimmerman, Jonathan) Modified on 9/21/2009 (B,TM). (Entered: 09/18/2009)

1 Attachment A

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Sept. 18, 2009 PACER
91

Motion for temporary restraining order and/or for interim relief filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Attachments: # 1 Affidavit Wizner Declaration)(Kabat, Alan) (Entered: 09/21/2009)

1 Affidavit Wizner Declaration

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Sept. 21, 2009 PACER

Notice [non-document]. Counsel are to call into the Court's bridge line for the telephone conference this afternoon at 3:30 p.m.(EST.) The call-in number is 419-213-5509 (passcode is 550911). (S,JM)

Sept. 21, 2009 PACER
92

Joint Motion to continue dates for briefing of Plaintiff's motion for interim relief and hearing filed by defendants. (Powell, Amy) Modified on 10/27/2009 (B,TM). (Entered: 09/22/2009)

Sept. 22, 2009 PACER
93

Order: Status/scheduling conference was held 9/21/2009 before Judge James G. Carr. Plaintiff's post-opinion brief is due 10/30/2009; defendants' post-hearing brief is due 12/15/2009; plaintiff's post-hearing reply is due 1/20/2010; defendants' sur-reply is due 2/1/2010. Defendants' response to plaintiff's motion for temporary restraining order is due 9/24/2009; plaintiff's reply is due 9/27/2009. Status/scheduling telephone conference re. plaintiff's motion for temporary restraining order is scheduled 9/28/2009, at 9:30 a.m. Counsel are to call into the court bridge line at 419-213-5509 (passcode is 550911). Signed by Judge James G. Carr on 9/22/2009. (Time: 1 hr.) (S,JM) (Entered: 09/22/2009)

Sept. 22, 2009 PACER
94

Marginal Entry Order granting the parties joint motion to continue. Defendants' brief in opposition to interim relief is due 10/2/09; reply due 10/9/09, with a status conference set for 10/13/09 at 10:00 a. m. (Related Doc # 92 ). Judge James G. Carr on 9/24/2009.(S,AL) (Entered: 09/24/2009)

Sept. 24, 2009 PACER
95

Unopposed Motion for leave to file Opposition to Motion for Interim Relief and or Temporary Restraining Order in excess of pages filed by defendants. (Powell, Amy) Modified on 10/27/2009 (B,TM). (Entered: 10/02/2009)

Oct. 2, 2009 PACER

State / Territory: Ohio

Case Type(s):

National Security

Key Dates

Filing Date: Oct. 9, 2008

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff KindHearts for Charitable Humanitarian Development, Inc. (KindHearts), an Ohio non-profit corporation established in 2002, provided millions of dollars of humanitarian aid internationally, principally towards Palestinians in the West Bank, Gaza, and refugee camps in Lebanon.

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Office of Foreign Assets Control (OFAC), Federal

Department of Treasury, Federal

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Free Exercise Clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $330,000

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Confidentiality

Records Disclosure

Terrorism/Post 9-11 issues