Case: Cherri v. Mueller

2:12-cv-11656 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 13, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 13, 2012, a number of Muslim Americans residing in Michigan filed this Religious Freedom Restoration Act lawsuit in the U.S. District Court for the Eastern District of Michigan, against the Federal Bureau of Investigation, U.S. Border Patrol, and the Transportation Security Administration. The plaintiffs claimed that they have been subjected to invasive body searches, prolonged detentions, and religious questioning each time they cross the U.S.-Canada border, while never being provided…

On April 13, 2012, a number of Muslim Americans residing in Michigan filed this Religious Freedom Restoration Act lawsuit in the U.S. District Court for the Eastern District of Michigan, against the Federal Bureau of Investigation, U.S. Border Patrol, and the Transportation Security Administration. The plaintiffs claimed that they have been subjected to invasive body searches, prolonged detentions, and religious questioning each time they cross the U.S.-Canada border, while never being provided with a reason for this treatment. Represented by the Council on American Islamic Relations, they asked the court for declaratory and injunctive relief, claiming that targeting and detaining Muslim Americans at the border to question them about their religious beliefs violates the First Amendment, as well as plaintiffs' Equal Protection rights, because people of other faiths are not similarly questioned.

On September 14, 2012, the federal government filed a motion to dismiss. On November 16, 2012, the plaintiffs filed an amended complaint, adding in the Department of Homeland Security as a defendant. Again, the defendants filed a motion to dismiss the amended complaint.

On June 11, 2013, Judge Avern Cohn bifurcated the claims against the official-capacity defendants from the claims against the individual-capacity defendants to handle them separately. Cherri v. Mueller, 12-11656, 2013 WL 2558154 (E.D. Mich. June 11, 2013). Judge Cohn then granted in part and denied in part the official-capacity defendants' motion to dismiss. He held that (1) the plaintiffs had standing to sue and the claims in the plaintiffs' first amended complaint were justiciable; (2) the plaintiffs had adequately pled the existence of an official policy, custom and practice; and (3) pursuant to that official policy, custom, and practice, the plaintiffs sufficiently stated a Fifth Amendment claim (Count IV). However, Judge Cohn held that the plaintiffs did not state a claim upon which relief can be granted under the First Amendment or the RFRA and therefore dismissed those counts. Cherri v. Mueller, 951 F. Supp. 2d 918 (E.D. Mich. 2013).

On June 17, 2013, the plaintiffs filed two additional amended complaints, one for the individual-capacity defendants and another for the official-capacity defendants. On August 14, 2013, the parties agreed to a stipulated order of dismissal of individual-capacity claims only.

The parties engaged in discovery throughout 2014. On March 16, 2015, the plaintiffs moved to compel discovery of several documents that the plaintiffs claimed were improperly withheld under law enforcement privilege along with three depositions. On April 28, 2015, the defendants cross-moved for a protective order from the three depositions.

After a long discovery period, the plaintiffs filed a motion for summary judgment on May 28, 2019, and the plaintiffs filed their own cross-motion for summary judgment on July 29, 2019. The case was reassigned to District Judge Denise Page Hood on January 2, 2020. In a March 24, 2020 memo, she stated that she would rule on the summary judgment motions without oral argument. No judgment has yet been entered.

Summary Authors

Jessica Kincaid (6/16/2014)

Cade Boland (3/25/2018)

Ellen Aldin (6/1/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4291982/parties/cherri-v-mueller-iii/


Judge(s)

Cohn, Avern Levin (Michigan)

Michelson, Laurie Jill (Michigan)

Attorneys(s) for Plaintiff

Abbas, Gadeir Ibrahim (District of Columbia)

Akbar, Syed (Michigan)

Akeel, Shereef H (Michigan)

Jabbar, Munia (District of Columbia)

Masri, Lena F (Michigan)

Nimer, Jennifer E (Ohio)

Attorneys(s) for Defendant

Cooper, Jonathan Gordon (District of Columbia)

Folio, Joseph C III (District of Columbia)

Judge(s)

Cohn, Avern Levin (Michigan)

Michelson, Laurie Jill (Michigan)

Attorneys(s) for Plaintiff

Abbas, Gadeir Ibrahim (District of Columbia)

Akbar, Syed (Michigan)

Akeel, Shereef H (Michigan)

Jabbar, Munia (District of Columbia)

Masri, Lena F (Michigan)

Nimer, Jennifer E (Ohio)

Attorneys(s) for Defendant

Cooper, Jonathan Gordon (District of Columbia)

Folio, Joseph C III (District of Columbia)

Levine, Brant S. (District of Columbia)

Littleton, Judson O. (District of Columbia)

McQuade, Barbara L. (Michigan)

Mizer, Benjamin C. (District of Columbia)

Nemeroff, Patrick George (District of Columbia)

Tyler, John Russell (District of Columbia)

Ullman, Susan K (District of Columbia)

Documents in the Clearinghouse

Document

2:12-cv-11656

Docket [PACER]

Nov. 2, 2017

Nov. 2, 2017

Docket
1

2:12-cv-11656

Complaint

April 13, 2012

April 13, 2012

Complaint
44

2:12-cv-11656

Memorandum and Order Granting in Part and Denying in Part Official- Capacity Defendant's Motion to Dismiss

951 F.Supp.2d 918

June 11, 2013

June 11, 2013

Order/Opinion
45

2:12-cv-11656

Order of Bifurcation

2013 WL 2558154

June 11, 2013

June 11, 2013

Order/Opinion
47

2:12-cv-11656

Second Amended Complaint (Individual Capacity Defendants)

June 17, 2013

June 17, 2013

Complaint
46

2:12-cv-11656

Second Amended Complaint (Official capacity Defendants)

June 17, 2013

June 17, 2013

Complaint
90

2:12-cv-11656

Defendants' Response to Plaintiffs' Motion to Compel Discovery and Defendants' Cross Motion for a Protective Order

April 28, 2015

April 28, 2015

Pleading / Motion / Brief
89-1

2:12-cv-11656

Defendants' Response to Plaintiffs' Motion to Compel Discovery and Defendants' Cross-Motion for a Protective Order [Exhibit A: Declaration of Derek N. Benner]

April 28, 2015

April 28, 2015

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4291982/cherri-v-mueller-iii/

Last updated June 3, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT AND JURY DEMAND filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-3483917 - Fee: $ 350. County of 1st Plaintiff: Wayne County, MI - County Where Action Arose: Wayne County, MI - County of 1st Defendant: Wayne County, MI. [Previously dismissed case: No] [Possible companion case(s): None] (Masri, Lena) (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

RECAP

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (KKra)

April 13, 2012

April 13, 2012

PACER
2

SUMMONS Issued for *Michael Jerome Fisher, Robert S Mueller, III, John S Pistole, Jeff Sokolowski, Robert B Thompson* (KKra) (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

PACER
3

NOTICE of Appearance by Shereef H. Akeel on behalf of All Plaintiffs. (Akeel, Shereef) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
4

NOTICE of Appearance by Gadeir I. Abbas on behalf of All Plaintiffs. (Abbas, Gadeir) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
5

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (KKra) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
6

CERTIFICATE of Service/Summons Returned Executed. Robert Thompson served on 4/18/12. (Masri, Lena) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
7

CERTIFICATE of Service/Summons Returned Executed. Jeff Sokolowski served on 4/20/12. (Masri, Lena) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
8

CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney General served on 4/23/12. (Masri, Lena) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
9

CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of All Defendants. (Masri, Lena) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
10

CERTIFICATE of Service/Summons Returned Executed. Robert S. Mueller, III served on 4/23/12. (Masri, Lena) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

PACER
11

STIPULATED ORDER Extending & Consolidating Time to Respond to 1 Complaint. Response due 07/30/2012 Signed by District Judge Avern Cohn. (JOwe) (Entered: 06/07/2012)

June 7, 2012

June 7, 2012

PACER
12

STIPULATED ORDER Extending Time to Respond to 1 Complaint, Answer due 08/29/2012 Signed by District Judge Avern Cohn. (JOwe) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
13

STIPULATION AND ORDER EXTENDING & CONSOLIDATING TIME TO RESPOND TO COMPLAINT re 1 Complaint, Signed by District Judge Avern Cohn. (Bankston, T) (Entered: 08/30/2012)

Aug. 30, 2012

Aug. 30, 2012

PACER

Set Deadlines/Hearings: Responses due by 9/14/2012 (JOwe)

Sept. 4, 2012

Sept. 4, 2012

PACER
14

MOTION to Dismiss by Jeff Sokolowski, Robert B Thompson. (Levine, Brant) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

RECAP
15

STIPULATED ORDER Allowing Official-Capacity Defendants to File a Twenty-Six Page Brief in Support of Their 14 MOTION to Dismiss Signed by District Judge Avern Cohn. (JOwe) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
16

MOTION to Dismiss by Michael Jerome Fisher, Robert S Mueller, III, John S Pistole. (Littleton, Judson) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
17

NOTICE TO APPEAR: Status Conference set for 10/18/2012 02:00 PM before District Judge Avern Cohn (JOwe) (Entered: 09/17/2012)

Sept. 17, 2012

Sept. 17, 2012

PACER
18

NOTICE of Appearance by Jennifer E. Nimer on behalf of All Plaintiffs. (Nimer, Jennifer) (Entered: 09/19/2012)

Sept. 19, 2012

Sept. 19, 2012

PACER

TEXT-ONLY NOTICE: Status Conference on 10/18/2012 is Cancelled re 17 Notice to Appear (JOwe)

Oct. 1, 2012

Oct. 1, 2012

PACER
19

NOTICE TO APPEAR: Status Conference reset for 11/13/2012 02:00 PM before District Judge Avern Cohn (JOwe) (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

PACER
20

STIPULATED ORDER Extending Time to Respond to Motions to Dismiss, Set Motion and R&R Deadlines/Hearings as to 14 MOTION to Dismiss, 16 MOTION to Dismiss :( Responses due by 11/16/2012) Signed by District Judge Avern Cohn. (JOwe) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

PACER

Minute Entry - Status Conference held on 11/13/2012 before District Judge Avern Cohn. (JOwe)

Nov. 13, 2012

Nov. 13, 2012

PACER
21

AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against Unidentified CBP Agents, Unidentified FBI Agents, Robert S Mueller, III, Jeff Sokolowski, Robert B Thompson, Janet Napolitano, David V Aguilar. NEW PARTIES ADDED. (Attachments: # 1 Exhibit DHS CRCL Legal Memorandum - October 1, 2010, # 2 Exhibit DHS CRCL Letter - May 3, 2011, # 3 Exhibit CBP Memorandum - May 3, 2011) (Masri, Lena) (Entered: 11/16/2012)

1 Exhibit DHS CRCL Legal Memorandum - October 1, 2010

View on RECAP

2 Exhibit DHS CRCL Letter - May 3, 2011

View on RECAP

3 Exhibit CBP Memorandum - May 3, 2011

View on RECAP

Nov. 16, 2012

Nov. 16, 2012

RECAP

REQUEST for SUMMONS for David V Aguilar, Janet Napolitano. (Masri, Lena)

Nov. 16, 2012

Nov. 16, 2012

PACER
22

SUMMONS Issued for *David V Aguilar, Janet Napolitano* (TMcg) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
23

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (TMcg) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
24

NOTICE by David V Aguilar, Robert S Mueller, III, Janet Napolitano, Jeff Sokolowski, Robert B Thompson Regarding Responses to Amended Complaint (Littleton, Judson) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

RECAP
25

CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of David V Aguilar served on 11/28/2012, answer due 1/28/2013; Janet Napolitano served on 11/28/2012, answer due 1/28/2013. (Masri, Lena) (Entered: 12/15/2012)

Dec. 15, 2012

Dec. 15, 2012

PACER
26

CERTIFICATE of Service/Summons Returned Executed. Office of the Attorney General served on 12/3/2012. (Masri, Lena) (Entered: 12/15/2012)

Dec. 15, 2012

Dec. 15, 2012

PACER
27

CERTIFICATE of Service/Summons Returned Executed. David V Aguilar served on 12/3/2012. (Masri, Lena) (Entered: 12/15/2012)

Dec. 15, 2012

Dec. 15, 2012

PACER
28

CERTIFICATE of Service/Summons Returned Executed. Janet Napolitano served on 12/3/2012. (Masri, Lena) (Entered: 12/15/2012)

Dec. 15, 2012

Dec. 15, 2012

PACER
29

NOTICE TO APPEAR: Status Conference set for 1/24/2013 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 01/09/2013)

Jan. 9, 2013

Jan. 9, 2013

PACER
30

STIPULATED ORDER ENLARGING PAGE LIMITS FOR BRIEFING ON MOTION TO DISMISS. Signed by District Judge Avern Cohn. (SCha) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

PACER
31

MOTION to Dismiss Amended Complaint by Jeff Sokolowski, Robert B Thompson. (Levine, Brant) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

RECAP
32

MOTION to Dismiss Amended Complaint by David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Littleton, Judson) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

RECAP

Minute Entry - Status Conference held on 1/24/2013 before District Judge Avern Cohn. (SCha)

Jan. 24, 2013

Jan. 24, 2013

PACER
33

PRETRIAL ORDER. Signed by District Judge Avern Cohn. (SCha) (Entered: 01/25/2013)

Jan. 25, 2013

Jan. 25, 2013

RECAP
34

Stipulated Order Extending Time to Respond to Motions to Dismiss. Signed by District Judge Avern Cohn. (SCha) (Entered: 03/08/2013)

March 8, 2013

March 8, 2013

PACER
35

Stipulated Order Dismissing Selected Defendants, Michael Jerome Fisher and John S Pistole terminated. Signed by District Judge Avern Cohn. (SCha) (Entered: 03/19/2013)

March 19, 2013

March 19, 2013

PACER
36

Stipulated Order Enlarging Page Limit for Plaintiffs' Response to Motion to Dismiss Amended Complaint by Official-Capacity Defendants. Signed by District Judge Avern Cohn. (SCha) (Entered: 03/22/2013)

March 22, 2013

March 22, 2013

PACER
37

RESPONSE to 31 MOTION to Dismiss Amended Complaint by Defendants Robert B. Thompson & Jeff Sokolowski filed by All Plaintiffs. (Masri, Lena) (Entered: 03/22/2013)

March 22, 2013

March 22, 2013

PACER
38

RESPONSE to 32 MOTION to Dismiss Amended Complaint by Official-Capacity Defendants filed by All Plaintiffs. (Masri, Lena) (Entered: 03/22/2013)

March 22, 2013

March 22, 2013

PACER
39

NOTICE OF HEARING on 32 MOTION to Dismiss Amended Complaint, 31 MOTION to Dismiss Amended Complaint. Motion Hearing set for 5/1/2013 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

PACER
40

Stipulated Order Enlarging Page Limits for Briefing on Motion to Dismiss Signed by District Judge Avern Cohn. (SCha) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER
41

REPLY to Response re 31 MOTION to Dismiss Amended Complaint filed by Jeff Sokolowski, Robert B Thompson. (Levine, Brant) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER
42

REPLY to Response re 32 MOTION to Dismiss Amended Complaint filed by David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Littleton, Judson) (Entered: 04/15/2013)

1 Exhibit A

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2 Exhibit B

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April 15, 2013

April 15, 2013

PACER

Set/Reset Deadlines as to 32 MOTION to Dismiss Amended Complaint, 31 MOTION to Dismiss Amended Complaint. Motion Hearing reset for 5/22/2013 02:00 PM before District Judge Avern Cohn (SCha)

April 30, 2013

April 30, 2013

PACER

Set/Reset Deadlines as to 32 MOTION to Dismiss Amended Complaint, 31 MOTION to Dismiss Amended Complaint. Motion Hearing set for 5/29/2013 02:00 PM before District Judge Avern Cohn (SCha)

May 3, 2013

May 3, 2013

PACER

Set/Reset Deadlines as to 32 MOTION to Dismiss Amended Complaint, 31 MOTION to Dismiss Amended Complaint. Motion Hearing set for 5/29/2013 11:00 AM (TIME CHANGE ONLY) before District Judge Avern Cohn (SCha)

May 16, 2013

May 16, 2013

PACER
43

NOTICE of Appearance by Munia Farhana Jabbar on behalf of All Plaintiffs. (Jabbar, Munia) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER

Minute Entry - Motion Hearing held on 5/29/2013 re 32 MOTION to Dismiss Amended Complaint filed by Robert S Mueller, III, David V Aguilar, Janet Napolitano, 31 MOTION to Dismiss Amended Complaint filed by Robert B Thompson, Jeff Sokolowski before District Judge Avern Cohn. Disposition: taken under advisement(Court Reporter Sheri Ward) (SCha)

May 29, 2013

May 29, 2013

PACER
44

Memorandum and Order Granting in Part and Denying in Part Official-Capacity Defendants' 32 Motion to Dismiss. Signed by District Judge Avern Cohn. (SCha) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

RECAP
45

Order of Bifurcation. Signed by District Judge Avern Cohn. (SCha) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

PACER
46

AMENDED COMPLAINT, SECOND (OFFICIAL-CAPACITY DEFENDANTS) filed by All Plaintiffs against David V Aguilar, Robert S Mueller, III, Janet Napolitano. NO NEW PARTIES ADDED. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Masri, Lena) (Entered: 06/17/2013)

1 Exhibit

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2 Exhibit

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3 Exhibit

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June 17, 2013

June 17, 2013

RECAP
47

AMENDED COMPLAINT, SECOND (INDIVIDUAL-CAPACITY DEFENDANTS) filed by All Plaintiffs against Unidentified CBP Agents, Unidentified FBI Agents, Jeff Sokolowski, Robert B Thompson. NO NEW PARTIES ADDED. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Masri, Lena) (Entered: 06/17/2013)

1 Exhibit

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2 Exhibit

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3 Exhibit

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June 17, 2013

June 17, 2013

PACER
48

Order Staying Proceedings as to Individual-Capacity Defendants Signed by District Judge Avern Cohn. (SCha) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

PACER
49

Stipulated Order Extending Time to Respond to Second Amended Complaint Signed by District Judge Avern Cohn. (SCha) (Entered: 06/26/2013)

June 26, 2013

June 26, 2013

PACER
50

NOTICE of Appearance by Patrick Nemeroff on behalf of David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Nemeroff, Patrick) (Entered: 07/25/2013)

July 25, 2013

July 25, 2013

PACER
51

ANSWER to Amended Complaint with Affirmative Defenses by Robert S Mueller, III, Janet Napolitano. (Nemeroff, Patrick) (Entered: 07/25/2013)

July 25, 2013

July 25, 2013

RECAP
52

NOTICE TO APPEAR: Status Conference set for 8/19/2013 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

PACER
53

Notice of E-mail Delivery Failure as to attorney Judson O. Littleton. Bounced NEF for 50 Notice of Appearance, 52 Notice to Appear, 51 Answer to Amended Complaint. (KCla) (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

PACER
54

ORDER of Attorney Substitution. Attorney Patrick Nemeroff substitued for Judson O. Littleton Signed by District Judge Avern Cohn. (DTyl) (Entered: 08/05/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER

Set Deadlines/Hearings: Status Conference RESET for 8/26/2013 02:00 PM before District Judge Avern Cohn (SCha)

Aug. 7, 2013

Aug. 7, 2013

PACER
55

Stipulated Order of Dismissal of Individual Capacity Claims Only, Jeff Sokolowski and Robert B Thompson terminated. Signed by District Judge Avern Cohn. (SCha) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

PACER

Set Deadlines/Hearings: Status Conference RESET for 9/23/2013 02:00 PM before District Judge Avern Cohn (SCha)

Aug. 14, 2013

Aug. 14, 2013

PACER
56

NOTICE of Appearance by Jonathan G. Cooper on behalf of David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Cooper, Jonathan) (Entered: 09/16/2013)

Sept. 16, 2013

Sept. 16, 2013

PACER
57

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Cooper, Jonathan) (Entered: 09/16/2013)

Sept. 16, 2013

Sept. 16, 2013

RECAP
58

ORDER Substituting Counsel for the Official Capacity Defendants. Attorney Patrick Nemeroff terminated. Signed by District Judge Avern Cohn. (PMil) (PMil). (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER

Minute Entry for proceedings held before District Judge Avern Cohn: Status Conference held on 9/23/2013 (SCha)

Sept. 23, 2013

Sept. 23, 2013

PACER
59

NOTICE TO APPEAR: Final Pretrial Conference set for 12/16/2014 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
60

Joint MOTION for Protective Order by David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Attachments: # 1 Exhibit Proposed Privacy Act Protective Order & Acknowledgement) (Cooper, Jonathan) (Entered: 02/14/2014)

1 Exhibit Proposed Privacy Act Protective Order & Acknowledgement

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Feb. 14, 2014

Feb. 14, 2014

RECAP
61

Stipulated Order Amending Discovery Plan for Claims Against Official - Capacity Defendants, ( Discovery due by 7/7/2014) Signed by District Judge Avern Cohn. (SCha) (Entered: 02/18/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER
62

Stipulated Privacy Act Protective Order Signed by District Judge Avern Cohn. (SCha) (Entered: 02/18/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER
63

NOTICE of Appearance by Joseph C. Folio, III on behalf of David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Folio, Joseph) (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

PACER
64

MOTION AMEND DISCOVERY PLAN FOR CLAIMS AGAINST OFFICIAL-CAPACITY DEFENDANTS re 57 Discovery Plan - Rule 26f, 61 Stipulation and Order, Set Scheduling Order Deadlines by All Plaintiffs. (Masri, Lena) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

PACER
65

RESPONSE to 64 MOTION AMEND DISCOVERY PLAN FOR CLAIMS AGAINST OFFICIAL-CAPACITY DEFENDANTS re 57 Discovery Plan - Rule 26f, 61 Stipulation and Order, Set Scheduling Order Deadlines filed by David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Attachments: # 1 Exhibit Email (Feb 1, 2014), # 2 Exhibit Email (Apr 7, 2014), # 3 Exhibit Email (May 1, 2014), # 4 Exhibit Email (Apr 1, 2014)) (Folio, Joseph) (Entered: 05/16/2014)

1 Exhibit Email (Feb 1, 2014)

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2 Exhibit Email (Apr 7, 2014)

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3 Exhibit Email (May 1, 2014)

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4 Exhibit Email (Apr 1, 2014)

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May 16, 2014

May 16, 2014

PACER
66

NOTICE OF HEARING on 64 MOTION AMEND DISCOVERY PLAN FOR CLAIMS AGAINST OFFICIAL-CAPACITY DEFENDANTS re 57 Discovery Plan - Rule 26f, 61 Stipulation and Order, Set Scheduling Order Deadlines . Motion Hearing set for 6/25/2014 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

PACER
67

MOTION for Withdrawal of Attorney Munia Jabbar by All Plaintiffs. (Jabbar, Munia) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

PACER

TEXT-ONLY ORDER Granting re 67 MOTION for Withdrawal of Attorney Munia Jabbar filed by Ali Suleiman Ali, Abdulrahman Cherri, Kheireddine Bouzid, Wissam Charafeddine. Signed by District Judge Avern Cohn. (SCha)

May 19, 2014

May 19, 2014

PACER
68

NOTICE of Appearance by Susan K. Ullman on behalf of David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Ullman, Susan) (Entered: 05/21/2014)

May 21, 2014

May 21, 2014

PACER
69

Stipulated Order Extending Time to Respond to re 65 Response to Motion Plaintiffs Motion to Amend Discovery Plan :( Reply due by 5/30/2014) Signed by District Judge Avern Cohn. (SCha) (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

PACER
70

Notice of E-mail Delivery Failure as to attorney Jonathan G. Cooper. Bounced NEF for 65 Response to Motion,. (SSch) (Entered: 05/27/2014)

May 27, 2014

May 27, 2014

PACER
71

Notice of E-mail Delivery Failure as to attorney Jonathan G. Cooper. Bounced NEF for Text-Only Order, 67 MOTION for Withdrawal of Attorney Munia Jabbar, 66 Notice of Hearing on Motion,. (SSch) (Entered: 05/27/2014)

May 27, 2014

May 27, 2014

PACER
72

Notice of E-mail Delivery Failure as to attorney Jonathan G. Cooper. Bounced NEF for 68 Notice of Appearance. (SSch) (Entered: 05/27/2014)

May 27, 2014

May 27, 2014

PACER
73

Notice of E-mail Delivery Failure as to attorney Jonathan G. Cooper. Bounced NEF for 69 Stipulation and Order, Set Motion and R&R Deadlines/Hearings. (SSch) (Entered: 05/27/2014)

May 27, 2014

May 27, 2014

PACER
74

REPLY to Response re 64 MOTION AMEND DISCOVERY PLAN FOR CLAIMS AGAINST OFFICIAL-CAPACITY DEFENDANTS re 57 Discovery Plan - Rule 26f, 61 Stipulation and Order, Set Scheduling Order Deadlines filed by All Plaintiffs. (Attachments: # 1 Exhibit A Plaintiffs First Discovery Requests, # 2 Exhibit B Plaintiffs Second Discovery Requests, # 3 Exhibit C - Correspondence between counsel regarding outstanding discovery) (Masri, Lena) (Entered: 05/30/2014)

1 Exhibit A Plaintiffs First Discovery Requests

View on PACER

2 Exhibit B Plaintiffs Second Discovery Requests

View on PACER

3 Exhibit C - Correspondence between counsel regarding outstanding discovery

View on PACER

May 30, 2014

May 30, 2014

PACER

TEXT-ONLY NOTICE: Motion Hearing on 6/25/2014 is Cancelled (SCha)

June 3, 2014

June 3, 2014

PACER
75

TRANSCRIPT of Hearing on Motions to Dismiss held on May 29, 2013. (Court Reporter/Transcriber: Sheri Ward, ward@transcriptorders.com) (Number of Pages: 31) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 8/5/2014. Redacted Transcript Deadline set for 8/15/2014. Release of Transcript Restriction set for 10/14/2014. 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, the transcript is publicly available. (Ward, S) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

PACER
76

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 8/7/2014 02:30 PM before District Judge Avern Cohn (SCha) (Entered: 07/30/2014)

July 30, 2014

July 30, 2014

PACER

Minute Entry for proceedings held before District Judge Avern Cohn: Telephonic Status Conference held on 8/7/2014 (SCha)

Aug. 7, 2014

Aug. 7, 2014

PACER

TEXT-ONLY NOTICE: Final Pretrial Conference on 12/16/2014 is Cancelled (SCha)

Aug. 7, 2014

Aug. 7, 2014

PACER

Set/Reset Scheduling Order Deadlines: Discovery due by 12/1/2014 (SCha)

Aug. 7, 2014

Aug. 7, 2014

PACER
77

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 9/23/2014 11:00 AM before District Judge Avern Cohn (SCha) (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER

Minute Entry for proceedings held before District Judge Avern Cohn: Telephonic Status Conference held on 9/23/2014 (Court Reporter Sheri Ward) (SCha)

Sept. 23, 2014

Sept. 23, 2014

PACER
78

Plaintiffs' Third Requests for Production of Documents and First Interrogatories to Official-Capacity Defendants by All Plaintiffs. (SCha) (Entered: 09/24/2014)

Sept. 23, 2014

Sept. 23, 2014

PACER
79

Notice of Rule 30(B)(6) Deposition of Federal Bureau of Investigation by All Plaintiffs (SCha) (Entered: 09/24/2014)

Sept. 23, 2014

Sept. 23, 2014

PACER
80

Notice of Rule 30 (B)(6) Deposition of Customs and Border Protection by All Plaintiffs (SCha) (Entered: 09/24/2014)

Sept. 23, 2014

Sept. 23, 2014

PACER
81

MOTION TO EXTEND Time for Filing Proposed Order Limiting Discovery (Consent) by David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Folio, Joseph) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER

Case Details

State / Territory: Michigan

Case Type(s):

National Security

Key Dates

Filing Date: April 13, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Muslim Americans living in Eastern Michigan who have been subjected to questioning about their religious beliefs at the U.S.-Canada border

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Council on American-Islamic Relations (CAIR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Bureau of Investigation, Federal

Transportation Security Administration, Federal

U.S. Border Patrol , Federal

Department of Homeland Security , Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Equal Protection

Free Exercise Clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Over/Unlawful Detention

Search policies

Terrorism/Post 9-11 issues

Discrimination-basis:

Religion discrimination

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern