Case: Ibrahim v. Department of Homeland Security

3:06-cv-00545 | U.S. District Court for the Northern District of California

Filed Date: Jan. 27, 2006

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 27, 2006, a Muslim woman, represented by pro bono counsel, filed a lawsuit in the U.S. District Court for the Northern District of California against multiple state and federal agencies, alleging Section 1983 claims, state law tort claims, and several constitutional claims based on the inclusion of her name on government terrorist watchlists, including the No Fly List. The federal government filed a motion to dismiss based on lack of subject matter jurisdiction, claiming that jurisdi…

On January 27, 2006, a Muslim woman, represented by pro bono counsel, filed a lawsuit in the U.S. District Court for the Northern District of California against multiple state and federal agencies, alleging Section 1983 claims, state law tort claims, and several constitutional claims based on the inclusion of her name on government terrorist watchlists, including the No Fly List. The federal government filed a motion to dismiss based on lack of subject matter jurisdiction, claiming that jurisdiction to hear the plaintiff''s claims lies exclusively in the U.S. Court of Appeals under 49 U.S.C. § 46110, which gives the U.S. Court of Appeals exclusive jurisdiction over challenges to certain orders of the Transportation Security Administration. On August 16, 2006, the District Court (Judge William Alsup) agreed and held that it lacked jurisdiction to consider the constitutionality, maintenance, and implementation of the No Fly List. Ibrahim v. Dep't of Homeland Sec., No. 06-cv-00545, 2006 WL 2374645 (N.D. Cal. Aug. 16, 2006).

The plaintiff appealed the District Court's decision. On August 18, 2008, the U.S. Court of Appeals for the Ninth Circuit affirmed in part, reversed in part, and remanded. In an opinion by Chief Judge Alex Kozinski, the Ninth Circuit held that the District Court had original subject matter jurisdiction over the plaintiff's claim for injunctive relief regarding inclusion of her name on the No Fly List. The Ninth Circuit agreed that the District Court, however, lacked subject matter jurisdiction over her claim for injunctive relief regarding the government's policies and procedures implementing the no-fly list. Ibrahim v. Dep't of Homeland Sec., 538 F.3d 1250 (9th Cir. 2008). Judge Smith dissented.

On remand, the plaintiff filed a second amended complaint that sought, among other things, limited relief relevant to the plaintiff's visa situation. Cash settlements with non-federal parties eventually reduced the question to prospective relief only against the federal government. Thereafter, the federal government filed a motion to dismiss on the ground that the plaintiff lacked standing to assert constitutional and statutory claims seeking prospective relief. The District Court agreed and held that while the plaintiff could seek damages for past injury at the San Francisco airport (and had successfully settled that part of the case), she had voluntarily left the United States and, as a nonimmigrant alien abroad, no longer had standing to assert constitutional and statutory claims to seek prospective relief. This holding was based on the ground that the development of federal constitutional law should not be controlled by nonimmigrant aliens overseas. Ibrahim v. Dep't of Homeland Sec., 2009 WL 22746194 (N.D. Cal. July 27, 2009).

A second appeal followed. On February 8, 2012, the U.S. Court of Appeals for the Ninth Circuit reversed as to prospective standing, holding that even a nonimmigrant alien who had voluntarily left the United States nonetheless had standing to litigate federal constitutional claims in district court in the United States as long as the alien had a "substantial voluntary connection" to the United States. In an opinion by Judge William Fletcher, the Ninth Circuit found that the plaintiff had such a connection because of her time at Stanford University, her continuing collaboration with professors in the United States, her membership in several professional organizations located in the United States, the invitations for her to return, and her network of close friends in the United States. Ibrahim v. Dep't of Homeland Sec., 669 F.3d 983 (9th Cir. 2012). Judge Duffy dissented.

On the second remand, the federal government filed a motion to dismiss that was denied by the District Court on December 20, 2012. Ibrahim v. Dep't of Homeland Sec., 2012 WL 6652362 (N.D. Cal. Dec. 20, 2012). Discovery ensued, the District Court granted in limited part, but mostly denied, the federal government's motion for summary judgment, and a five-day bench trial began on December 2, 2013.

Following trial, on January 14, 2014, the District Court issued an order containing findings of fact and conclusions of law as well as granting some of the relief sought. The court found that the plaintiff did not pose (and had not posed) a threat to national security. Indeed, the court found that the plaintiff was erroneously put on the No Fly List because a FBI agent misunderstood the directions on the form to nominate persons to the No Fly List, and thus, checked the wrong box. This error further propagated through various other federal agency databases that caused her visa to be revoked and to not be allowed back into the United States.

The District Court held that due process entitled the plaintiff to a correction in the government's records to prevent the error of the FBI agent from further propagating through the various agency databases and from causing further injury to the plaintiff. The District Court further held that the federal government's DHS TRIP program was inadequate to satisfy procedural due process. The District Court, however, emphasized that it would be impractical and harmful to national security to routinely prove a pre-deprivation opportunity to be heard, and thus, until concrete, reviewable adverse action occurs against a nominee, the Executive Branch must be free to maintain its watchlists in secret.

The following relief was ordered by the District Court:

  1. The federal government must search and trace all of its terrorist watchlists and records for entries identifying the plaintiff and remove all references to the mistaken designations by the FBI agent and/or add a correction in the same paragraph that said designations were erroneous and should not be relied upon for any purpose.

  2. The federal government must inform the plaintiff of the specific subsection of Section 212(a)(3)(B) of the Immigration and Nationality Act that rendered her ineligible for a visa in 2009.
  3. The federal government must inform the plaintiff that she is no longer on the no-fly list and has not been on it since 2005.
  4. The government must inform the plaintiff that she is eligible to at least apply for a discretionary visa waiver.

Later, the District Court awarded plaintiff's counsel their reasonable fees and expenses incurred for certain claims, including the procedural due process claim. 2014 WL 1493561 (N.D. Cal. April 16, 2014); 2014 WL 1493541 (N.D. Cal. April 16, 2014). The plaintiff appealed the decision on June 13 to the U.S. Court of Appeals for the Ninth Circuit.

On July 11, 2014, Judge Alsup appointed a special master, who issued a report and recommendation regarding the amount of the award. On October 9, 2014, Judge Alsup adopted the report and recommendation in its entirety and awarded the plaintiff’s counsel $419,987.36 in attorney’s fees and $34,768.71 in expenses. 2014 WL 5073582.

On January 2, 2019, the Ninth Circuit reversed and vacated the award of attorneys’ fees, on the grounds that they were incorrectly reduced. It also remanded the case to allow the district court to make a bad faith determination under the correct legal standard and to re-determine the fee award.

The defendants filed a petition for a writ of certiorari on May 31, 2019, asking the U.S. Supreme Court to decide whether the Ninth Circuit erred in vacating the district court’s finding of no bad faith in the government’s conduct. The Supreme Court denied the petition on October 15, 2019, although Justice Alito noted that he would have granted the cert petition. 140 S.Ct. 424.

On August 20, 2020, the plaintiff filed a renewed motion for attorneys' fees. As of October 14, 2020, the fee litigation is ongoing, with a hearing on the motion scheduled for November 5, 2020.

Summary Authors

Michael Mirdamadi (5/12/2014)

Sichun Liu (5/25/2019)

Rachel Harrington (10/14/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4165736/parties/ibrahim-v-department-of-homeland/


Judge(s)

Alsup, William Haskell (California)

Bea, Carlos T. (California)

Callahan, Consuelo Maria (California)

Clifton, Richard R. (Hawaii)

Duffy, Kevin Thomas (New York)

Fletcher, William A. (California)

Ikuta, Sandra Segal (California)

Kozinski, Alex (California)

Lamberth, Royce C. (District of Columbia)

Nelson, Dorothy Wright (California)

Judge(s)

Alsup, William Haskell (California)

Bea, Carlos T. (California)

Callahan, Consuelo Maria (California)

Clifton, Richard R. (Hawaii)

Duffy, Kevin Thomas (New York)

Fletcher, William A. (California)

Ikuta, Sandra Segal (California)

Kozinski, Alex (California)

Lamberth, Royce C. (District of Columbia)

Nelson, Dorothy Wright (California)

Otero, S. James (California)

Paez, Richard A. (California)

Silverman, Barry G. (Arizona)

Smith, Norman Randy (Idaho)

Attorneys(s) for Plaintiff

Elzankaly, Marwa (California)

Hammon, Kevin (California)

Kazi, Rubina (California)

McManis, James H. (California)

Peek, Christine (California)

Pipkin, Elizabeth Marie (California)

Attorneys(s) for Defendant

Bloom, Karen S (District of Columbia)

Farel, Lily Sara (District of Columbia)

Flynn, Ronald P. (California)

Freeborne, Paul Gerald (District of Columbia)

Go, Samuel P. (District of Columbia)

Grotch, Richard (California)

Keith, Peter J. (California)

Kelleher, Diane (District of Columbia)

Kells, Conor (District of Columbia)

Mayo, Sharon D. (California)

Soosaipillai, Miruni (California)

Theis, John Kenneth (District of Columbia)

Tyler, John Russell (District of Columbia)

Documents in the Clearinghouse

Document

3:06-cv-00545

09-17160

10-15352

10-15873

Docket [PACER]

Sept. 10, 2020

Sept. 10, 2020

Docket
1

3:06-cv-00545

Complaint

Jan. 27, 2006

Jan. 27, 2006

Complaint
101

3:06-cv-00545

Order Granting Motions to Dismiss Brought by Federal Defendants, United Airlines Defendants, and Defendant John Bondanella

Ibrahim v. Department of Homeland Security

2006 WL 2374645

Aug. 16, 2006

Aug. 16, 2006

Order/Opinion
138

3:06-cv-00545

06-16727

Opinion [Affirming District Court's Judgment]

U. S. Court of Appeals for the Ninth Circuit

538 F.3d 1250

Aug. 18, 2008

Aug. 18, 2008

Order/Opinion
161

3:06-cv-00545

Second Amended Complaint

March 27, 2009

March 27, 2009

Complaint
197

3:06-cv-00545

Order on Motion to Dismiss

2009 WL 2246194

July 27, 2009

July 27, 2009

Order/Opinion
313

3:06-cv-00545

09-17160

Order [Granting Appellees' Motion to Dismiss Appeal for Lack of Jurisdiction]

U. S. Court of Appeals for the Ninth Circuit

Jan. 21, 2010

Jan. 21, 2010

Order/Opinion
327

3:06-cv-00545

Stipulation for Entry of Judgment; Judgment

March 15, 2010

March 15, 2010

Order/Opinion
347

3:06-cv-00545

10-15873

Opinion [Reversing and Remanding Case]

U. S. Court of Appeals for the Ninth Circuit

669 F.3d 983

Feb. 8, 2012

Feb. 8, 2012

Order/Opinion
399

3:06-cv-00545

Order Denying Motion to Dismiss and Motion to Stay Discovery

2012 WL 6652362

Dec. 20, 2012

Dec. 20, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4165736/ibrahim-v-department-of-homeland/

Last updated Aug. 27, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link

Summons Issued

Jan. 27, 2006

Jan. 27, 2006

PACER

Case Referred to ECF

Jan. 27, 2006

Jan. 27, 2006

PACER

Summons Issued as to David M. Stone, Terrorist Screening Center, Donna A. Bucella, Norm MIneta, Federal Aviation Administration, Marion C. Blakey, Federal Bureau of Investigation, Robert Mueller, San Francisco Airport, City of San Francisco, County of San Francisco, County of San Mateo, San Francisco Police Department, UAL Corporation, United Airlines, David Nevins, Richard Pate, John Bondanella, John Cunningham, Elizabeth Maron, Department of Homeland, Michael Chertoff, Tom Ridge, Transportation Security Administration, Kip Hawley. (sis, COURT STAFF) (Filed on 1/27/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
1

COMPLAINT against David M. Stone, Terrorist Screening Center, Donna A. Bucella, Norm MIneta, Federal Aviation Administration, Marion C. Blakey, Federal Bureau of Investigation, Robert Mueller, San Francisco Airport, City of San Francisco, County of San Francisco, County of San Mateo, San Francisco Police Department, UAL Corporation, United Airlines, David Nevins, Richard Pate, John Bondanella, John Cunningham, Elizabeth Maron, Department of Homeland, Michael Chertoff, Tom Ridge, Transportation Security Administration, Kip Hawley ( Filing fee $ 250, receipt number 3380882.). Filed byRahinah Ibrahim. (sis, COURT STAFF) (Filed on 1/27/2006) Additional attachment(s) added on 2/27/2006 (sis, COURT STAFF). (Entered: 01/30/2006)

Jan. 27, 2006

Jan. 27, 2006

RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 4/13/2006. Case Management Conference set for 4/27/2006 11:00 AM. (sis, COURT STAFF) (Filed on 1/27/2006) (Entered: 01/30/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
3

SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 2 ADR Scheduling Order (sis, COURT STAFF) (Filed on 1/27/2006) (Entered: 01/30/2006)

Jan. 27, 2006

Jan. 27, 2006

RECAP

CASE DESIGNATED for Electronic Filing. (sis, COURT STAFF) (Filed on 1/27/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER

Summons Issued

Feb. 15, 2006

Feb. 15, 2006

PACER

Summons Issued as to David M. Stone, Terrorist Screening Center, Donna A. Bucella, Norm MIneta, Federal Aviation Administration, Marion C. Blakey, Federal Bureau of Investigation, Robert Mueller, San Francisco Airport, City of San Francisco, County of San Francisco, County of San Mateo, San Francisco Police Department, UAL Corporation, United Airlines, David Nevins, Richard Pate, John Bondanella, John Cunningham, Elizabeth Maron, Department of Homeland, Michael Chertoff, Tom Ridge, Transportation Security Administration, Kip Hawley. (sis, COURT STAFF) (Filed on 2/15/2006)

Feb. 15, 2006

Feb. 15, 2006

PACER
4

CLERK'S NOTICE re: (Doc. 1) Failure to E-File and/or Failure to Register as an E-Filer (sis, COURT STAFF) (Filed on 2/24/2006) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

PACER
5

Ex Parte Application re 2 ADR Scheduling Order to Continue Case Management and ADR Deadlines and Case Management Conference filed by Rahinah Ibrahim. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
6

Declaration of Marwa Elzankaly in Support of 5 Ex Parte Application re 2 ADR Scheduling Order to Continue Case Management and ADR Deadlines and Case Management Conference filed byRahinah Ibrahim. (Attachments: # 1 Exhibit A to Elzankaly Declaration# 2 Exhibit B to Elzankaly Declaration# 3 Exhibit C to Elzankaly Declaration# 4 Exhibit D to Elzankaly Declaration)(Related document(s) 5 ) (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

1 Exhibit A to Elzankaly Declaration

View on PACER

2 Exhibit B to Elzankaly Declaration

View on PACER

3 Exhibit C to Elzankaly Declaration

View on PACER

4 Exhibit D to Elzankaly Declaration

View on PACER

March 28, 2006

March 28, 2006

PACER
7

Proposed Order re 6 Declaration in Support,, 5 Ex Parte Application re 2 ADR Scheduling Order to Continue Case Management and ADR Deadlines and Case Management Conference by Rahinah Ibrahim. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
8

SUMMONS Returned Executed by Rahinah Ibrahim. Department of Homeland served on 3/13/2006, answer due 4/3/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

RECAP
9

SUMMONS Returned Executed by Rahinah Ibrahim. Michael Chertoff served on 3/13/2006, answer due 4/3/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
10

SUMMONS Returned Executed by Rahinah Ibrahim. Tom Ridge served on 3/13/2006, answer due 4/3/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
11

SUMMONS Returned Executed by Rahinah Ibrahim. Transportation Security Administration served on 3/13/2006, answer due 4/3/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
12

SUMMONS Returned Executed by Rahinah Ibrahim. Kip Hawley served on 3/13/2006, answer due 4/3/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
13

SUMMONS Returned Executed by Rahinah Ibrahim. David M. Stone served on 3/13/2006, answer due 4/3/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
14

SUMMONS Returned Executed by Rahinah Ibrahim. Terrorist Screening Center served on 3/7/2006, answer due 5/8/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
15

SUMMONS Returned Executed by Rahinah Ibrahim. Norm MIneta served on 3/7/2006, answer due 5/8/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

RECAP
16

SUMMONS Returned Executed by Rahinah Ibrahim. Federal Aviation Administration served on 3/7/2006, answer due 5/8/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
17

SUMMONS Returned Executed by Rahinah Ibrahim. Marion C. Blakey served on 3/7/2006, answer due 5/8/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
18

SUMMONS Returned Executed by Rahinah Ibrahim. Federal Bureau of Investigation served on 3/7/2006, answer due 5/8/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
19

SUMMONS Returned Executed by Rahinah Ibrahim. Robert Mueller served on 3/7/2006, answer due 5/8/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
20

SUMMONS Returned Executed by Rahinah Ibrahim. San Francisco Airport served on 3/17/2006, answer due 4/6/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

RECAP
21

SUMMONS Returned Executed by Rahinah Ibrahim. City of San Francisco served on 3/13/2006, answer due 4/3/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

RECAP
22

SUMMONS Returned Executed by Rahinah Ibrahim. County of San Francisco served on 3/16/2006, answer due 4/5/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
23

SUMMONS Returned Executed by Rahinah Ibrahim. County of San Mateo served on 3/13/2006, answer due 4/3/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
24

SUMMONS Returned Executed by Rahinah Ibrahim. San Francisco Police Department served on 3/13/2006, answer due 4/3/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
25

SUMMONS Returned Executed by Rahinah Ibrahim. UAL Corporation served on 3/14/2006, answer due 4/3/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
26

SUMMONS Returned Executed by Rahinah Ibrahim. United Airlines served on 3/14/2006, answer due 4/3/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
27

SUMMONS Returned Executed by Rahinah Ibrahim. Richard Pate served on 3/13/2006, answer due 4/3/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
28

SUMMONS Returned Executed by Rahinah Ibrahim. John Cunningham served on 3/16/2006, answer due 4/5/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
29

SUMMONS Returned Executed by Rahinah Ibrahim. Elizabeth Maron served on 3/16/2006, answer due 4/5/2006. (Elzankaly, Marwa) (Filed on 3/28/2006) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER

Set Deadlines/Hearings

March 30, 2006

March 30, 2006

PACER
30

STIPULATION Extending Time to Respond to Plaintiff's Complaint by UAL Corporation, United Airlines. (Grotch, Richard) (Filed on 3/30/2006) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

PACER
31

ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND INITIAL DISCLOSURES DEADLINE [re 30 Stipulation filed by UAL Corporation, United Airlines]. Signed by Judge William Alsup on 3/29/2006. (whasec, COURT STAFF) (Filed on 3/30/2006) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

RECAP

Set Deadlines/Hearings: Case Management Statement due by 5/4/2006. Rule 26 Meeting Report due by 5/4/2006. Case Management Conference set for 5/18/2006 11:00 AM. (sis, COURT STAFF) (Filed on 3/30/2006)

March 30, 2006

March 30, 2006

PACER
32

NOTICE of Appearance by John Russel Tyler on behalf of the federal defendants (Tyler, John) (Filed on 3/31/2006) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

PACER
33

WAIVER OF SERVICE Returned Executed filed by Rahinah Ibrahim. Service waived by David Nevins waiver sent on 3/30/2006, answer due 5/30/2006. (Elzankaly, Marwa) (Filed on 4/10/2006) (Entered: 04/10/2006)

April 10, 2006

April 10, 2006

PACER
34

STIPULATION AND (PROPOSED) ORDER RE: EXTENSION OF TIME TO RESPOND TO COMPLAINT by County of San Mateo. (Soosaipillai, Miruni) (Filed on 4/14/2006) (Entered: 04/14/2006)

April 14, 2006

April 14, 2006

PACER
35

ORDER GRANTING EXTENSION FOR RESPONSE TO COMPLAINT. Signed by Judge Alsup on April 17, 2006. (whalc1, COURT STAFF) (Filed on 4/17/2006) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

RECAP
36

DEMAND for Trial by Jury by UAL Corporation, United Airlines, David Nevins. (Grotch, Richard) (Filed on 4/17/2006) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

PACER
37

Certificate of Interested Entities - David Nevins, United Air Lines, Inc. and UAL Corporation (Grotch, Richard) (Filed on 4/17/2006) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

PACER
38

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief May be Granted (Notice of Motion) filed by UAL Corporation, United Airlines, David Nevins. Motion Hearing set for 5/25/2006 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Grotch, Richard) (Filed on 4/17/2006) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

PACER
39

MEMORANDUM in Support re 38 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief May be Granted (Notice of Motion) filed byUAL Corporation, United Airlines, David Nevins. (Related document(s) 38 ) (Grotch, Richard) (Filed on 4/17/2006) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

RECAP
40

Request for Judicial Notice re 38 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief May be Granted (Notice of Motion) filed byUAL Corporation, United Airlines, David Nevins. (Related document(s) 38 ) (Grotch, Richard) (Filed on 4/17/2006) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

PACER
41

MOTION to Dismiss NOTICE OF MOTION TO DISMISS BY DEFENDANT COUNTY OF SAN MATEO; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF FRCP 12(B)(6); [PROPOSED] ORDER GRANTING COUNTY OF SAN MATEO'S MOTION TO DISMISS UNDER RULE 12(B)(6) filed by County of San Mateo. Motion Hearing set for 5/25/2006 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1)(Soosaipillai, Miruni) (Filed on 4/17/2006) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

PACER
42

ANSWER to Complaint with Jury Demand Defendants City and County of San Francisco's, James Cunningham's, Elizabeth Maron's and Richard Pate's Answer to Plaintiff's Complaint byCity of San Francisco, County of San Francisco, Richard Pate, John Cunningham, Elizabeth Maron. (Flynn, Ronald) (Filed on 4/17/2006) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

PACER
43

SUMMONS Returned Executed by Rahinah Ibrahim. Donna A. Bucella served on 3/7/2006, answer due 5/8/2006. (Elzankaly, Marwa) (Filed on 4/24/2006) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

PACER
44

SUMMONS Returned Executed by Rahinah Ibrahim. John Bondanella served on 3/29/2006, answer due 5/30/2006. (Elzankaly, Marwa) (Filed on 4/24/2006) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

PACER
45

NOTICE of Appearance by Sharon Douglass Mayo as Counsel for Defendant John Bondanella (Mayo, Sharon) (Filed on 4/25/2006) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

PACER
46

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options by defendant United Air Lines, Inc. (Grotch, Richard) (Filed on 4/26/2006) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

PACER
47

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options by defendant UAL Corporation. (Grotch, Richard) (Filed on 4/26/2006) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

PACER
48

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options by defendant David Nevins. (Grotch, Richard) (Filed on 4/26/2006) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

PACER
49

NOTICE of Voluntary Dismissal Without Prejudice, as to defendant, County of San Mateo Only by Rahinah Ibrahim (Elzankaly, Marwa) (Filed on 4/26/2006) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

RECAP
50

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options by federal defendants (Tyler, John) (Filed on 4/27/2006) (Entered: 04/27/2006)

April 27, 2006

April 27, 2006

PACER
51

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options by defendant John Bondanella (Mayo, Sharon) (Filed on 4/27/2006) (Entered: 04/27/2006)

April 27, 2006

April 27, 2006

PACER
52

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Peek, Christine) (Filed on 4/27/2006) (Entered: 04/27/2006)

April 27, 2006

April 27, 2006

PACER
53

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options ADR Certification by Parties and Counsel (Flynn, Ronald) (Filed on 4/27/2006) (Entered: 04/27/2006)

April 27, 2006

April 27, 2006

PACER
54

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Attachments: # 1 Exhibit Attachment A to Notice of Need for ADR Phone Conference)(Elzankaly, Marwa) (Filed on 4/27/2006) (Entered: 04/27/2006)

1 Exhibit Attachment A to Notice of Need for ADR Phone Conference

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April 27, 2006

April 27, 2006

PACER
55

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options ADR Certification by Parties and Counsel (Flynn, Ronald) (Filed on 5/1/2006) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

PACER
56

STIPULATION for an extention of time for federal defendants to respond to the complaint by David M. Stone, Terrorist Screening Center, Donna A. Bucella, Norm MIneta, Federal Aviation Administration, Marion C. Blakey, Federal Bureau of Investigation, Robert Mueller, Department of Homeland, Michael Chertoff, Tom Ridge, Transportation Security Administration, Kip Hawley. (Tyler, John) (Filed on 5/2/2006) (Entered: 05/02/2006)

May 2, 2006

May 2, 2006

PACER
57

Renotice motion hearing re 38 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief May be Granted (Notice of Motion) filed byUAL Corporation, United Airlines, David Nevins. Motion Hearing set for 6/29/2006 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Grotch, Richard) (Filed on 5/3/2006) (Entered: 05/03/2006)

May 3, 2006

May 3, 2006

PACER
58

JOINT CASE MANAGEMENT STATEMENT OF ALL PARTIES filed by UAL Corporation, United Airlines, David Nevins. (Grotch, Richard) (Filed on 5/4/2006) (Entered: 05/04/2006)

May 4, 2006

May 4, 2006

PACER

ADR Remark

May 8, 2006

May 8, 2006

PACER
59

ADR Clerks Notice Setting ADR Phone Conference on 5/15/06 at 10:30 a.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 5/8/2006) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

PACER

ADR Remark: The ADR Phone Conference has been rescheduled to 5/12/06 at 1:00 p.m. (tjs, COURT STAFF) (Filed on 5/8/2006)

May 8, 2006

May 8, 2006

PACER

ADR Remark

May 11, 2006

May 11, 2006

PACER

ADR Remark: The ADR Phone Conference has been rescheduled to 2:30 p.m. PST on 5/12/06. (tjs, COURT STAFF) (Filed on 5/11/2006)

May 11, 2006

May 11, 2006

PACER

ADR Phone Conference held

May 12, 2006

May 12, 2006

PACER

ADR Remark: ADR Phone Conference conducted on 5/12/06 by DB. (tjs, COURT STAFF) (Filed on 5/12/2006)

May 12, 2006

May 12, 2006

PACER
60

CASE MANAGEMENT SCHEDULING ORDER: ORDER REFERRING CASE to Magistrate Judge Elizabeth D. Laporte for Mediation/Settlement. Discovery due by 4/27/2007. Jury Trial set for 9/10/2007 07:30 AM in Courtroom 9, 19th Floor, San Francisco. Motions due by 6/14/2007. Pretrial Conference set for 8/20/2007 02:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge William Alsup on 5/18/2006. (whasec, COURT STAFF) (Filed on 5/18/2006) (Entered: 05/18/2006)

May 18, 2006

May 18, 2006

PACER
61

Minute Entry: Initial Case Management Conference held on 5/18/2006 before William Alsup (Date Filed: 5/18/2006), CASE REFERRED to Magistrate Judge Laporte for Settlement Conference. Jury Trial set for 9/10/2007 07:30 AM in Courtroom 9, 19th Floor, San Francisco. (Court Reporter Leo Mankiewicz.) (dt, COURT STAFF) (Date Filed: 5/18/2006) (Entered: 05/18/2006)

May 18, 2006

May 18, 2006

PACER
62

MOTION to Seal Document filed by David M. Stone, Terrorist Screening Center, Donna A. Bucella, Norm MIneta, Federal Aviation Administration, Marion C. Blakey, Federal Bureau of Investigation, Robert Mueller, Department of Homeland, Michael Chertoff, Tom Ridge, Kip Hawley. (Attachments: # 1 declaration of John R. Tyler# 2 Proposed Order in support of federal defendants' motion to file under seal)(Tyler, John) (Filed on 5/22/2006) (Entered: 05/22/2006)

1 declaration of John R. Tyler

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2 Proposed Order in support of federal defendants' motion to file under seal

View on PACER

May 22, 2006

May 22, 2006

PACER
63

MOTION to Dismiss for Lack of Jurisdiction filed by David M. Stone, Terrorist Screening Center, Donna A. Bucella, Norm MIneta, Federal Aviation Administration, Marion C. Blakey, Federal Bureau of Investigation, Department of Homeland, Michael Chertoff, Tom Ridge, Transportation Security Administration, Kip Hawley. Motion Hearing set for 6/29/2006 08:00 AM. (Attachments: # 1 Memorandum of points and authorities in support of federal defendants' motion to dismiss# 2 Declaration of Joseph Salvator# 3 Federal defendants Exhibits 1 and 2)(Tyler, John) (Filed on 5/22/2006) (Entered: 05/22/2006)

1 Memorandum of points and authorities in support of federal defendants' mot

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2 Declaration of Joseph Salvator

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3 Federal defendants Exhibits 1 and 2

View on PACER

May 22, 2006

May 22, 2006

PACER
64

MOTION to Dismiss pursuant to FRCP 12(b)(2) and 12(b)(6) filed by John Bondanella. Motion Hearing set for 6/29/2006 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Mayo, Sharon) (Filed on 5/22/2006) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

PACER
65

Declaration of John Bondanella in Support of 64 MOTION to Dismiss pursuant to FRCP 12(b)(2) and 12(b)(6) filed byJohn Bondanella. (Related document(s) 64 ) (Mayo, Sharon) (Filed on 5/22/2006) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

PACER
66

ORDER RE FEDERAL DEFENDANTS MOTION TO FILE UNDER SEAL SENSITIVE SECURITY INFORMATION by Judge Alsup temporarily granting 62 Motion to Seal Document (whalc1, COURT STAFF) (Filed on 5/23/2006) (Entered: 05/23/2006)

May 23, 2006

May 23, 2006

PACER
67

RESPONSE to Court's Order of May 23, 2006 by David M. Stone, Terrorist Screening Center, Donna A. Bucella, Norm MIneta, Federal Aviation Administration, Marion C. Blakey, Federal Bureau of Investigation, Robert Mueller, Department of Homeland, Michael Chertoff, Tom Ridge, Transportation Security Administration, Kip Hawley. (Tyler, John) (Filed on 5/26/2006) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

PACER
68

MOTION to Amend/Correct Complaint to Add New Parties filed by Rahinah Ibrahim. Motion Hearing set for 7/13/2006 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Elzankaly, Marwa) (Filed on 5/31/2006) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER
69

Declaration of Marwa Elzankaly in Support of 68 MOTION to Amend/Correct Complaint to Add New Parties filed byRahinah Ibrahim. (Attachments: # 1 Exhibit A to Elzankaly Declaration# 2 Exhibit B to Elzankaly Declaration# 3 Exhibit C to Elzankaly Declaration# 4 Exhibit D to Elzankaly Declaration# 5 Exhibit E to Elzankaly Declaration)(Related document(s) 68 ) (Elzankaly, Marwa) (Filed on 5/31/2006) (Entered: 05/31/2006)

1 Exhibit A to Elzankaly Declaration

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2 Exhibit B to Elzankaly Declaration

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3 Exhibit C to Elzankaly Declaration

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4 Exhibit D to Elzankaly Declaration

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5 Exhibit E to Elzankaly Declaration

View on PACER

May 31, 2006

May 31, 2006

PACER
70

Proposed Order re 68 MOTION to Amend/Correct Complaint to Add New Parties by Rahinah Ibrahim. (Elzankaly, Marwa) (Filed on 5/31/2006) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER
71

EXHIBITS re 69 Declaration in Support, Corrected Exhibit B to Elzankaly Declaration filed byRahinah Ibrahim. (Related document(s) 69 ) (Elzankaly, Marwa) (Filed on 6/1/2006) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

PACER
72

STIPULATION re 38 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief May be Granted (Notice of Motion), 64 MOTION to Dismiss pursuant to FRCP 12(b)(2) and 12(b)(6), 63 MOTION to Dismiss for Lack of Jurisdiction and [Proposed] Order Allowing Plaintiff To File One 40-Page Opposition Memorandum To Defendants' Motions To Dismiss by Rahinah Ibrahim. (Elzankaly, Marwa) (Filed on 6/6/2006) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

RECAP
73

ORDER RE 40 PAGE OPPOSITION. Signed by Judge Alsup on June 6, 2006. (whalc1, COURT STAFF) (Filed on 6/6/2006) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

RECAP
74

Memorandum in Opposition re 62 MOTION to Seal Document filed byRahinah Ibrahim. (Elzankaly, Marwa) (Filed on 6/8/2006) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

PACER
75

Request for Judicial Notice In Support of Opposition to Motions to Dismiss filed byRahinah Ibrahim. (Attachments: # 1 Exhibit A to RJN# 2 Exhibit B to RJN# 3 Exhibit C to RJN# 4 Exhibit D to RJN# 5 Exhibit E to RJN# 6 Exhibit F to RJN# 7 Exhibit G to RJN# 8 Exhibit H to RJN# 9 Exhibit I to RJN# 10 Exhibit J to RJN# 11 Exhibit K to RJN# 12 Exhibit L to RJN# 13 Exhibit M to RJN# 14 Exhibit N to RJN# 15 Exhibit O to RJN# 16 Errata P to RJN# 17 Exhibit Q to RJN)(Elzankaly, Marwa) (Filed on 6/8/2006) (Entered: 06/08/2006)

1 Exhibit A to RJN

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2 Exhibit B to RJN

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3 Exhibit C to RJN

View on PACER

4 Exhibit D to RJN

View on PACER

5 Exhibit E to RJN

View on PACER

6 Exhibit F to RJN

View on PACER

7 Exhibit G to RJN

View on PACER

8 Exhibit H to RJN

View on PACER

9 Exhibit I to RJN

View on PACER

10 Exhibit J to RJN

View on PACER

11 Exhibit K to RJN

View on PACER

12 Exhibit L to RJN

View on PACER

13 Exhibit M to RJN

View on PACER

14 Exhibit N to RJN

View on PACER

15 Exhibit O to RJN

View on PACER

16 Errata P to RJN

View on PACER

17 Exhibit Q to RJN

View on PACER

June 8, 2006

June 8, 2006

PACER
76

Memorandum in Opposition 64 To Motions To Dismiss Of United Defendants, John Bondanella and Federal Defendants filed byRahinah Ibrahim. (Elzankaly, Marwa) (Filed on 6/9/2006) Modified on 6/12/2006 (sis, COURT STAFF). (Entered: 06/09/2006)

June 9, 2006

June 9, 2006

PACER
77

STIPULATION to continue hearing date on all pending motions, and stipulation and proposed order on a briefing schedule for such motions by David M. Stone, Terrorist Screening Center, Donna A. Bucella, Norm MIneta, Federal Aviation Administration, Marion C. Blakey, Federal Bureau of Investigation, Department of Homeland, Michael Chertoff, Tom Ridge, Transportation Security Administration, Kip Hawley. (Tyler, John) (Filed on 6/12/2006) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

PACER
78

ORDER CONTINUING HEARING DATES ON PENDING MOTIONS. Signed by Judge Alsup on June 12, 2006. (whalc1, COURT STAFF) (Filed on 6/12/2006) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

RECAP
79

Reply Memorandum in Support of their Motion to File Under Seal Sensitive Security Information filed byDavid M. Stone, Terrorist Screening Center, Donna A. Bucella, Norm MIneta, Federal Aviation Administration, Marion C. Blakey, Federal Bureau of Investigation, Robert Mueller, Department of Homeland, Michael Chertoff, Tom Ridge, Transportation Security Administration, Kip Hawley. (Tyler, John) (Filed on 6/19/2006) (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

PACER
80

MEMORANDUM IN SUPPORT 63 Federal Defendants' Motion to Dismiss filed byDavid M. Stone, Terrorist Screening Center, Norm MIneta, Federal Aviation Administration, Marion C. Blakey, Federal Bureau of Investigation, Elizabeth Maron, Department of Homeland, Michael Chertoff, Tom Ridge, Transportation Security Administration, Kip Hawley. (Attachments: # 1)(Tyler, John) (Filed on 6/29/2006) Modified on 6/30/2006 (sis, COURT STAFF). (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

PACER
81

Federal Defendants' statement of nonopposition to 68 plaintiff's motion to amend her pleading filed by David M. Stone, Terrorist Screening Center, Donna A. Bucella, Norm MIneta, Federal Aviation Administration, Marion C. Blakey, Federal Bureau of Investigation, Robert Mueller, Department of Homeland, Michael Chertoff, Tom Ridge, Transportation Security Administration, Kip Hawley. (Tyler, John) (Filed on 6/29/2006) Modified on 6/30/2006 (sis, COURT STAFF). (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

PACER
82

Reply Memorandum re 38 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief May be Granted (Notice of Motion) filed byUAL Corporation, United Airlines, David Nevins. (Grotch, Richard) (Filed on 6/29/2006) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

PACER
83

OBJECTIONS re 75 Request for Judicial Notice, filed by UAL Corporation, United Airlines, David Nevins. (Related document(s) 75 ) (Grotch, Richard) (Filed on 6/29/2006) Modified on 6/30/2006 (sis, COURT STAFF). (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

PACER
84

Statement of Non-Opposition re 68 MOTION to Amend/Correct Complaint to Add New Parties filed byUAL Corporation, United Airlines, David Nevins. (Related document(s) 68 ) (Grotch, Richard) (Filed on 6/29/2006) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

PACER
85

NOTICE by City of San Francisco, County of San Francisco, Richard Pate, John Cunningham, Elizabeth Maron Notice of Non-Opposition to Plaintiff's Motion for Leave to File First Amended Complaint (Flynn, Ronald) (Filed on 6/29/2006) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

PACER
86

Reply Memorandum re 64 MOTION to Dismiss pursuant to FRCP 12(b)(2) and 12(b)(6) filed byJohn Bondanella. (Mayo, Sharon) (Filed on 6/29/2006) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

PACER

Case Details

State / Territory: California

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 27, 2006

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a Muslim woman and a citizen of Malaysia barred from boarding a flight because of her inclusion on the No Fly List and denied a visa to return to the United States.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

FBI, Federal

Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

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

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Right to travel

Freedom of speech/association

Free Exercise Clause

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Content of Injunction:

Reporting

Issues

General:

False arrest

Terrorism/Post 9-11 issues

Watchlist

Immigration/Border:

Visas - criteria

Visas - procedures