Case: Fikre v. FBI

3:13-cv-00899 | U.S. District Court for the District of Oregon

Filed Date: May 30, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

The plaintiff in this federal lawsuit was a naturalized U.S. Citizen. He was denied boarding to a flight from the United Arab Emirates ("UAE") to the United States because of his alleged inclusion on the No Fly List. He filed the lawsuit on May 30, 2013, in the U.S. District Court for the District of Oregon, against the Federal Bureau of Investigation ("FBI"), the U.S. Department of State, the U.S. Department of Justice, and the Terrorist Screening Center ("TSC"), which created and maintained…

The plaintiff in this federal lawsuit was a naturalized U.S. Citizen. He was denied boarding to a flight from the United Arab Emirates ("UAE") to the United States because of his alleged inclusion on the No Fly List. He filed the lawsuit on May 30, 2013, in the U.S. District Court for the District of Oregon, against the Federal Bureau of Investigation ("FBI"), the U.S. Department of State, the U.S. Department of Justice, and the Terrorist Screening Center ("TSC"), which created and maintained the No Fly List. Represented by the Council on American Islamic Relations as well as private counsel, the plaintiff alleged that the defendants placed him on the No Fly List to coerce him into becoming an informant for the FBI. The plaintiff further alleged that during an interview in Sudan he was denied counsel by defendants and urged to become an FBI informant in order to have his name removed from the No Fly List. Because the plaintiff refused to become an informant, he further alleged that the defendants retaliated by instigating and facilitating his torture in the UAE.

Based upon the foregoing allegations, the plaintiff alleged six claims for relief: (1) violation of the right to citizenship under the Fourteenth Amendment; (2) an unidentified cause of action pertaining to torture; (3) denial of his right to counsel under the Fifth Amendment; (4) violation of his right against self-incrimination under the Fifth Amendment; (5) violation of his Fifth Amendment substantive due process right to return to his homeland once abroad; and (6) denial of procedural due process under the Fifth Amendment because the defendants failed to inform him on the basis for his inclusion on, or the means of removing his name therefrom the No Fly List.

The plaintiff sought a declaration that his right to counsel was violated; redress for the defendants' instigating and facilitating his torture in the UAE; an injunction preventing the defendants from violating the above-mentioned rights; and monetary damages in the amount of $30,000,000.

The case was assigned to Judge Anna Brown. On June 17, 2013, the plaintiff filed an amended complaint to add an additional defendant. On November 4, 2013, the defendants moved to dismiss for lack of subject matter jurisdiction and failure to state a claim. The court heard oral argument on the defendants' motion on March 14, 2014 and took the motion under advisement.

On May 29, 2014, Judge Brown granted the official-capacity defendants' motion to dismiss, dismissing all counts except three (denial of his right to counsel under the Fifth Amendment) and four (violation of his right against self-incrimination under the Fifth Amendment). The plaintiff had leave to file a second amended complaint consistent with the opinion and order no later than June 27, 2014. 23 F.Supp.3d 1268 (D. Or. May 29, 2014), 2014 U.S. Dist. LEXIS 73174. The plaintiff eventually filed a series of amended complaints.

In 2015, the government revised the redress procedures available through administrative procedures as a result of the decision in Latif v. Holder, 28 F.Supp.3d 1134 (D.Or. 2014), which held various aspects of the process inadequate under the Fifth Amendment's Due Process Clause and the APA. As a result, the official-capacity defendants moved for a stay or, in the alternative, an extension of time to allow the defendants to reconsider the plaintiff's application under the new procedure. However, after completing the re-evaluation, the defendants determined that the plaintiff should remain on the No-Fly List.

On January 14, 2015, Judge Brown granted in part and denied in part the official-capacity defendants' unopposed motion. The court agreed that it was appropriate for the official-capacity defendants to reconsider the plaintiff's DHS TRIP inquiry under the new procedures, but the court found that a stay was unnecessary to permit the defendants to do so. In addition, the court noted that this case was now over 18 months old and had not yet proceeded beyond the pleading stage. Accordingly, the court ordered the defendants to complete a substantive reconsideration of the plaintiff's DHS TRIP inquiry no later than March 9, 2015, to move the case along.

The plaintiff filed their corrected fourth amended complaint on April 6, 2015. The defendants again filed motions to dismiss for failure to state a claim and for lack of jurisdiction. On November 4, 2015, the court granted in part and denied in part the defendants' motion to dismiss. The court held that the plaintiff's allegations were sufficient (1) to state a substantive due process claim based on right to international travel; (2) to state procedural due process claim based on right to international travel and to be free from false government stigmatization; (3) to state a claim for injunctive relief under the Fourth Amendment because the plaintiff was subject to surveillance without a warrant, probable cause, or reasonable suspicion; and (4) to state a claim under the Wiretap Act. However, the court also held that the plaintiff's allegations were not sufficient to state a claim under the Stored Communications Act and that he had failed to plead a valid waiver of sovereign immunity for his claim that the FBI failed to comply with FISA. And the court held that the plaintiff lacked standing to seek prospective injunctive relief on the claim that the FBI placed him on the No Fly List while he was abroad in order to subject him to custodial interrogation without the assistance of counsel, because that issue no longer affected him, personally. 142 F.Supp.3d 1152, 2015 WL 6756121, 2015 U.S. Dist. LEXIS 151522. The court again gave the plaintiff leave to file an amended complaint to correct the deficiencies, and on November 29, 2015, the plaintiff filed his fifth amended complaint.

On March 16, 2016, Judge Brown found that plaintiff lacked standing to seek declaratory relief on their claim that was brought under the Fourth Amendment. On May 9, 2016, the defendants notified the court that the plaintiff was removed from the No Fly List.

On September 28, 2016, the courted issued an opinion and order, in which it granted the defendants' motion to dismiss, dismissed with prejudice plaintiff’s fifth amended complaint, and denied as moot the defendants’ motion to stay the plaintiff’s due process claims. 2016 WL 5539591, 2016 U.S. Dist. LEXIS 133307. On October 6, 2016, the plaintiff filed a notice in which he stated his non-objection to the court dismissing this action as to the individual capacity defendants, the actions of which were subsequently dismissed without prejudice by the court on October 24, 2016.

On December 23, 2016, the plaintiff appealed to the Ninth Circuit Court of Appeals. On August 2, 2017, the appellant submitted their opening brief, arguing that (1) the court must reject defendants’ attempt to moot plaintiff’s claims by removing him from the No Fly List years after the start of the litigation; (2) the complaint states a Fourth Amendment Claim for Unlawful Surveillance, Search, and Seizure; and (3) the district court improperly concluded that declaratory relief was not available for the fourth amendment claim. In response, the government argued that (1) the plaintiff’s No Fly List claims are moot because he is no longer on the No Fly List; (2) the government had demonstrated that the alleged wrongful conduct is not likely to occur; (3) the plaintiff’s requests for injunctive relief for speculative future claims do not save his current claim from mootness; (4) the plaintiff’s No Fly List claims are not capable of repetition yet evading review; and (5) the district court correctly dismissed the plaintiff’s surveillance claims. Oral argument was scheduled for May 9, 2018 before Judge Johnnie B. Rawlinson, Judge Morgan B. Christen, and Judge Marvin J. Garbis. On June 28, 2018, Judge Marvin J. Garbis retired and was replaced by Judge Milan D. Smith.

On September 20, 2018, the Ninth Circuit found that the allegations in the plaintiff’s fifth amended complaint were vague and conclusory, and did not give rise to a plausible claim for relief. Moreover, since the plaintiff had several opportunities to amend his complaint, and repeatedly failed to do so, the Ninth Circuit found that the district court did not abuse its discretion by dismissing his Fourth Amendment claim with prejudice. 738 Fed.Appx. 545 (Mem), 2018 U.S. App. LEXIS 26939, 2018 WL 4537720. In a separately filed opinion by Judge Christen, the panel reversed the district court’s dismissal of the plaintiff’s action as moot, that alleged the FBI violated his substantive and procedural due process rights by placing and maintaining him on the No Fly List. The panel held that plaintiff’s removal from the No Fly List was more likely an exercise of discretion than a decision arising from a broad change in agency policy or procedure, and further held that the government had not assured plaintiff that he would not be banned from flying for the same reasons that prompted the government to add him to the list in the first place, nor had it verified the implementation of procedural safeguards conditioning its ability to revise plaintiff’s status on the receipt of new information. The panel subsequently reversed the district court’s dismissal of the plaintiff’s due process claims and remanded for further proceedings. 904 F.3d 1033, 2018 U.S. App. LEXIS 26880. Costs were taxed against the appellees.

On October 25, 2018, the Ninth Circuit granted the defendants/appellees’ unopposed motion for an extension to file petition for panel rehearing on or before December 5, 2018. The plaintiff filed a petition on that date, but the Ninth Circuit unanimously denied the petition on January 2, 2019.

On May 19, 2019 the plaintiff filed another amended complaint. This one removed previously unresolved claims, added additional factual allegations for the due process claims, and added the Secretary of the Department of Homeland Security (DHS) and the Transportation Security Administration (TSA) Administrator as defendant. The plaintiffs wanted to add the Customs and Border Protection (CBP) head as a defendant as well, but Judge Brown did not allow this in her order partially granting and denying the plaintiffs leave to amend their complaint on May 8. 2019 WL 2030724.

The case was reassigned to Judge Michael W. Mosman on July 15, 2019.

The defendants filed a motion to dismiss for failure to state a claim on July 20, 2019. Oral argument before Judge Mosman on the motion was held on November 14; after argument, the Judge granted the motion to dismiss without prejudice. He stated that arguments based on travel limitations were moot, but granted the plaintiff the opportunity to amend the complaint to further discuss stigma and reputational damage surrounding previous placement on the No Fly List, which is disseminated nationally and internationally.

The plaintiff filed an amended complaint expanding on the reputational harm of being on the No Fly List on December 18, 2019. The defendants moved to dismiss for failure to state a claim on January 22, 2020; a hearing on that motion is set for June 15, 2020. The case is ongoing.

Summary Authors

Michael Mirdamadi (5/12/2014)

Jessica Kincaid (4/22/2016)

Dawn Lui (12/3/2018)

Ellen Aldin (6/10/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4365955/parties/fikre-v-federal-bureau-of-investigation/


Judge(s)

Brown, Anna J. (Oregon)

Mosman, Michael W. (Oregon)

Attorneys(s) for Plaintiff

Abbas, Gadeir Ibrahim (District of Columbia)

Burgess, William J. (District of Columbia)

Masri, Lena Fatina (District of Columbia)

Mayfield, Brandon B. (Oregon)

Nelson, Thomas H. (Oregon)

Sadowsky, Justin Mark (District of Columbia)

Wiebe, Richard R. (California)

Attorneys(s) for Defendant

Bowen, Brigham J. (District of Columbia)

Judge(s)

Brown, Anna J. (Oregon)

Mosman, Michael W. (Oregon)

Attorneys(s) for Plaintiff

Abbas, Gadeir Ibrahim (District of Columbia)

Burgess, William J. (District of Columbia)

Masri, Lena Fatina (District of Columbia)

Mayfield, Brandon B. (Oregon)

Nelson, Thomas H. (Oregon)

Sadowsky, Justin Mark (District of Columbia)

Wiebe, Richard R. (California)

Attorneys(s) for Defendant

Bowen, Brigham J. (District of Columbia)

Cutler, David G. (District of Columbia)

Risner, Scott (District of Columbia)

Roth, Dena Michal (District of Columbia)

Singer, Samuel M (District of Columbia)

Documents in the Clearinghouse

Document

3:13-cv-00899

Docket [PACER]

June 9, 2020

June 9, 2020

Docket
1

3:13-cv-00899

Complaint

May 30, 2013

May 30, 2013

Complaint
10

3:13-cv-00899

First Amended Complaint

June 17, 2013

June 17, 2013

Complaint
36

3:13-cv-00899

Opinion and Order

23 F.Supp.3d 1268

May 29, 2014

May 29, 2014

Order/Opinion
61

3:13-cv-00899

Fourth Amended Complaint, Corrected per Order of the Court

Fikre v. Federal Bureau of Investigation

April 6, 2015

April 6, 2015

Complaint
87

3:13-cv-00899

Fifth Amended Complaint

Fikre v. Federal Bureau of Investigation

Nov. 29, 2015

Nov. 29, 2015

Complaint
105

3:13-cv-00899

Opinion and Order

Fikre v. Federal Bureau of Investigation

2016 WL 5539591

Sept. 28, 2016

Sept. 28, 2016

Order/Opinion
48

3:13-cv-00899

16-36072

Memorandum

U. S. Court of Appeals for the Ninth Circuit

Sept. 20, 2018

Sept. 20, 2018

Order/Opinion
47

3:13-cv-00899

16-36072

Opinion

U. S. Court of Appeals for the Ninth Circuit

Sept. 20, 2018

Sept. 20, 2018

Order/Opinion
128

3:13-cv-00899

Opinion and Order

Fikre v. Federal Bureau of Investigation

2019 WL 2030724

May 8, 2019

May 8, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4365955/fikre-v-federal-bureau-of-investigation/

Last updated Aug. 2, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-3303424 Jury Trial Requested: Yes. Filed by Yonas Fikre against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Proposed Summons, # 7 Proposed Summons, # 8 Proposed Summons, # 9 Proposed Summons). (Nelson, Thomas) (Entered: 05/30/2013)

1 Civil Cover Sheet

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2 Proposed Summons

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3 Proposed Summons

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4 Proposed Summons

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5 Proposed Summons

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6 Proposed Summons

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7 Proposed Summons

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8 Proposed Summons

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9 Proposed Summons

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May 30, 2013

May 30, 2013

RECAP
2

Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sss) (Entered: 05/31/2013)

May 31, 2013

May 31, 2013

RECAP
3

Notice of Case Assignment to Magistrate Judge Paul Papak and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 9/30/2013. Joint Alternate Dispute Resolution Report is due by 10/28/2013. Pretrial Order is due by 10/28/2013. Ordered by Magistrate Judge Paul Papak. (sss) (Entered: 05/31/2013)

May 31, 2013

May 31, 2013

PACER
4

Motion for Leave to Appear Pro Hac Vice for Attorney Gadeir Abbas . Filing fee in the amount of $100 collected; Receipt No.: 52631. Filed by Yonas Fikre. (Nelson, Thomas) Modified to add correct receipt number on 6/7/2013 (eo). (Entered: 05/31/2013)

May 31, 2013

May 31, 2013

PACER
5

Motion for Refund of Duplicate Filing Fee. Filed by All Plaintiffs. (Attachments: # 1 Attachment Acknowledge and Notice of Receipt of Payment) (Nelson, Thomas) (Entered: 06/03/2013)

1 Attachment Acknowledge and Notice of Receipt of Payment

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June 3, 2013

June 3, 2013

PACER
6

Order Granting Application for Special Admission Pro Hac Vice of Gadeir I. Abbas for Yonas Fikre. Application Fee in amount of $100 collected. Receipt No. 52631 issued. Signed on 6/4/2013 by Magistrate Judge Paul Papak. (ecp) Modified to correct receipt number on 6/7/2013 (eo). (Entered: 06/04/2013)

June 4, 2013

June 4, 2013

RECAP
7

Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Paul Papak to Judge Anna J. Brown. (eo) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

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8

Clerk's Notice of Pay.gov Refund regarding Agency Tracking ID: 0979-3302894. The request has been granted and the amount of $400.00 will be refunded to Thomas Nelson Related Doc 5 Motion - Miscellaneous. (ljp) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

PACER
9

Notice of Filing of First Amended Complaint Filed by Yonas Fikre (Nelson, Thomas) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
10

First Amended Complaint . Filed by Yonas Fikre against All Defendants. (Nelson, Thomas) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
11

Notice of Appearance of Scott A. Risner appearing on behalf of Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department Filed by on behalf of Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department (Risner, Scott) (Entered: 07/29/2013)

July 29, 2013

July 29, 2013

PACER
12

Unopposed Motion for Extension of Time to Answer Amended Complaint 10 . Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department. (Attachments: # 1 Proposed Order) (Risner, Scott) (Entered: 07/29/2013)

1 Proposed Order

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July 29, 2013

July 29, 2013

PACER
13

ORDER: Granting Motion for Extension of Time to Answer 12 . Answer or responsive pleading is due 8/22/2013. (bb) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
14

Consent Motion for Extension of Time to Answer Amended Complaint 10 . Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department. (Attachments: # 1 Proposed Order) (Risner, Scott) (Entered: 08/21/2013)

1 Proposed Order

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Aug. 21, 2013

Aug. 21, 2013

PACER
15

ORDER: Granting Motion for Extension of Time to Answer 14 . Answer or responsive pleading is now due 9/20/2013. (bb) (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

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16

Joint Motion for Extension of Time to Answer Amended Complaint 10 . Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department. (Attachments: # 1 Proposed Order) (Risner, Scott) (Entered: 09/11/2013)

1 Proposed Order

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Sept. 11, 2013

Sept. 11, 2013

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17

ORDER: Granting Motion for Extension of Time to Answer 16 . Answer or responsive pleading is due 10/21/2013. (bb) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

PACER
18

Consent Motion for Stay of Deadline to Respond to Complaint in Light of Lapse of Appropriations. Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department. (Attachments: # 1 Proposed Order) (Risner, Scott) (Entered: 10/15/2013)

1 Proposed Order

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Oct. 15, 2013

Oct. 15, 2013

PACER
19

ORDER by Judge Anna J. Brown. Granting as modified Official-Capacity Defendants' Consent Motion for Stay 18 of Deadline to Respond to Complaint in Light of Lapse of Appropriations. Official-Capacity Defendants' shall file their answer or responsive pleading to the First Amended Complaint no later than 11/4/2013. (bb) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
20

Notice of Appearance of Brigham J. Bowen appearing on behalf of Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department Filed by on behalf of Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department (Bowen, Brigham) (Main Document replaced with corrected PDF on 11/1/2013) (eo). (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

PACER
21

Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction . Oral Argument requested. Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department. (Risner, Scott) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

RECAP
22

Memorandum in Support . Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department. (Related document(s): Motion to Dismiss for Failure to State a Claim,, Motion to Dismiss/Lack of Jurisdiction, 21 .) (Risner, Scott) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

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23

Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 21 . Filed by Yonas Fikre. (Nelson, Thomas) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
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Notice of Attorney Withdrawal: Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department (Risner, Scott) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
25

ORDER: Granting Plaintiff's Unopposed Motion 23 to Extend Deadline to Respond to Defendants' Motion to Dismiss 21 . Plaintiff's Response to official capacity Defendants' Motion to Dismiss 21 is due 12/9/2013. Defendants' Reply is due 12/27/2013. (bb) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

PACER
26

Notice of Appearance of Brandon B. Mayfield appearing on behalf of Yonas Fikre Filed by on behalf of Yonas Fikre (Mayfield, Brandon) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
27

Memorandum in Opposition to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 21 Oral Argument requested. Filed by Yonas Fikre. (Attachments: # 1 Exhibit 1- Order Dismissing Indictment, # 2 Exhibit 2 - DHS TRIP Redress letter, # 3 Exhibit 3 - Declaration of Thomas H. Nelson, # 4 Exhibit 4 - Notice of Intention to Use FISA Information) (Nelson, Thomas) (Entered: 12/09/2013)

1 Exhibit 1- Order Dismissing Indictment

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2 Exhibit 2 - DHS TRIP Redress letter

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3 Exhibit 3 - Declaration of Thomas H. Nelson

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4 Exhibit 4 - Notice of Intention to Use FISA Information

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Dec. 9, 2013

Dec. 9, 2013

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28

Unopposed Motion for Extension of Time to File a Response/Reply to Opposition to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 21 . Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department. (Bowen, Brigham) (Entered: 12/16/2013)

Dec. 16, 2013

Dec. 16, 2013

PACER
29

ORDER by Judge Anna J. Brown. Granting Unopposed Motion for Extension of Time to File Reply 28 to Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction 21 . Reply is now due 1/10/2014. (bb) (Entered: 12/18/2013)

Dec. 18, 2013

Dec. 18, 2013

PACER
30

Scheduling Order by Judge Anna J. Brown. Oral Argument on Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction 21 is SET for 2/26/2014 at 09:30 AM in Portland Courtroom 14A before Judge Anna J. Brown. (bb) (Entered: 12/18/2013)

Dec. 18, 2013

Dec. 18, 2013

PACER
31

Reply to Opposition to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 21 Oral Argument requested. Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department. (Bowen, Brigham) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

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32

Order to Judge Anna J. Brown. Due to a conflict in the Court's schedule, the Oral Argument on Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction 21 set for 02/26/2014 is VACATED and is RESET for 3/14/2014 at 09:00 AM in Portland Courtroom 14A before Judge Anna J. Brown. (bb) (Entered: 01/21/2014)

Jan. 21, 2014

Jan. 21, 2014

PACER
33

Notice of Supplemental Authority . Filed by All Plaintiffs. (Related document(s): Memorandum in Opposition, 27 .) (Attachments: # 1 Exhibit DHS Initial Decision, # 2 Exhibit Request for DHS Clarification and Stay) (Nelson, Thomas) Modified text on 3/4/2014 (sss). (Entered: 03/04/2014)

1 Exhibit DHS Initial Decision

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2 Exhibit Request for DHS Clarification and Stay

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March 4, 2014

March 4, 2014

PACER
34

MINUTES of Proceedings: Oral Argument on Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction 21 . Motion is taken under advisement as of 3/14/2014. Order to issue. Thomas Nelson, Brandon Mayfield present as counsel for plaintiff(s). Brigham Bowen present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

PACER
35

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on March 14, 2014 before Judge Anna J. Brown, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/2/2014. Redaction Request due 5/16/2014. Redacted Transcript Deadline set for 5/27/2014. Release of Transcript Restriction set for 7/24/2014. (LeGore, Amanda) (Entered: 04/22/2014)

April 22, 2014

April 22, 2014

PACER
36

Opinion and Order: The Court GRANTS the Official Capacity Defendants Motion 21 to Dismiss for Failure to State a Claim and for Lack of Jurisdiction; DISMISSES with prejudice Claim One; DISMISSES without prejudice Claims Two, Five, and Six with leave to file a Second Amended Complaint consistent with this Opinion and Order no later than June 27, 2014; and directs these Defendants to file their responsive pleading to the Second Amended Complaint no later than July 25, 2014. Signed on 05/29/2014 by Judge Anna J. Brown. See attached 30 page Opinion and Order for full text. (bb) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

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37

Second Amended Complaint . Filed by Yonas Fikre against All Defendants. (Nelson, Thomas) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

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38

Unopposed Motion for Extension of Time to Answer . Filed by Eric Holder, Christopher M. Piehota, State Department, Federal Bureau of Investigation, James B. Comey, John Kerry. (Bowen, Brigham) (Entered: 07/21/2014)

July 21, 2014

July 21, 2014

PACER
39

ORDER: Granting Unopposed Motion for Extension of Time to Answer 38 . Answer or responsive pleading is now due 8/8/2014. (bb) (Entered: 07/21/2014)

July 21, 2014

July 21, 2014

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40

Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction . Oral Argument requested. Filed by Eric Holder, Christopher M. Piehota, State Department, Federal Bureau of Investigation, James B. Comey, John Kerry. (Bowen, Brigham) (Entered: 08/08/2014)

Aug. 8, 2014

Aug. 8, 2014

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41

Memorandum in Support . Filed by James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, Christopher M. Piehota, State Department. (Related document(s): Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction,, 40 .) (Bowen, Brigham) (Entered: 08/08/2014)

Aug. 8, 2014

Aug. 8, 2014

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42

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 40 . Filed by Yonas Fikre. (Nelson, Thomas) (Entered: 08/20/2014)

Aug. 20, 2014

Aug. 20, 2014

PACER
43

ORDER: The Court GRANTS Plaintiff's Unopposed Motion (#42) for Extension of Time. Plaintiff's response to Defendants' Motion (#40) to Dismiss is now due 9/19/14, and Defendants' reply is due 10/6/14. Ordered by Judge Anna J. Brown. (pvh) (Entered: 08/21/2014)

Aug. 21, 2014

Aug. 21, 2014

PACER
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Second Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 40 . Filed by Yonas Fikre. (Nelson, Thomas) (Entered: 09/12/2014)

Sept. 12, 2014

Sept. 12, 2014

PACER
45

ORDER by Judge Anna J. Brown. Granting Plaintiff's Second Unopposed Motion for Extension of Time 44 to File Response to Motion to Dismiss 40 . Response is due by 9/26/2014. Reply is due by 10/14/2014. (bb) (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

PACER
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Response in Opposition to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 40 Oral Argument requested. Filed by All Plaintiffs. (Nelson, Thomas) (Entered: 09/26/2014)

Sept. 26, 2014

Sept. 26, 2014

RECAP
47

Motion for Leave to Appear Pro Hac Vice for Attorney William J. Burgess . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3852903. Filed by All Plaintiffs. (Nelson, Thomas) (Entered: 10/01/2014)

Oct. 1, 2014

Oct. 1, 2014

PACER
48

Order Granting Application for Special Admission Pro Hac Vice of William J. Burgess for Yonas Fikre. Application Fee in amount of $100 collected. Receipt No. 0979-3852903 issued. Signed on 10/2/2014 by Judge Anna J. Brown. (ecp) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
49

Notification of CM/ECF Account: Attorney William J. Burgess (appearing Pro Hac Vice). Login ID: wjburgess. Complete your account setup by following the instructions available on the Court's website. (ecp) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
50

MINUTES of Proceedings: On October 3, 2014, the Court conferred briefly with counsel concerning Plaintiff's stated intention to seek leave to file a Third Amended Complaint notwithstanding that Defendants' Motion 40 to Dismiss (against Plaintiff's Second Amended Complaint) is pending Defendants' Reply and the Court's consideration. Although the Court is willing to deem the Motion 40 withdrawn and to grant Plaintiff leave to file the Third Amended Complaint, Defendants' counsel requested time to consider the matter more fully. Accordingly, no later than October 14, 2014, Defendants shall file either (a) their Reply in further support of the Motion, in which case the Court will consider the merits of the Motion and any Motion by Plaintiff for leave to file a Third Amended Complaint, or (b) Defendants' consent that Plaintiff file his Third Amended Complaint and Defendants' withdrawal of their Motion 40 with leave to refile similar arguments in response to the Third Amended Complaint. Thomas Nelson present as counsel for plaintiff(s). Brigham Bowman present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
51

Unopposed Motion for Extension of Time to Reply or Provide Consent to the Filing of Proposed Third Amended Complaint. Filed by James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, Christopher M. Piehota, State Department. (Bowen, Brigham) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
52

ORDER by Judge Anna J. Brown. Granting Unopposed Motion to Extend Deadline to Reply or Respond Concerning Proposed Amendment of Complaint 51 . No later than 11/4/2014, Defendants shall file either (a) their Reply in further support of the Motion, in which case the Court will consider the merits of the Motion and any Motion by Plaintiff for leave to file a Third Amended Complaint, or (b) Defendants' consent that Plaintiff file his Third Amended Complaint and Defendants' withdrawal of their Motion 40 with leave to refile similar arguments in response to the Third Amended Complaint. (bb) (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

PACER
53

Notice Concerning Proposed Amendment of Plaintiff's Complaint Filed by James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, Christopher M. Piehota, State Department (Bowen, Brigham) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

PACER
54

Order by Judge Anna J. Brown. The Court has reviewed Defendants' Notice 53 and, in light thereof, GRANTS Plaintiff leave to file his Third Amended Complaint no later than 11/14/14. In the exercise of its case-management discretion, the Court also GRANTS Defendants until 1/14/15 to file their Answer or other responsive pleadings to the Third Amended Complaint. Accordingly, it appears to the Court that the filing of such Third Amended Complaint will render moot the Motion 40 of some Defendants to dismiss Plaintiff's Second Amended Complaint and, unless the Court receives by 11/14/14 a justification to maintain Motion #40 on the docket, the Court will strike Motion #40 as moot as of that date. (bb) (Entered: 11/05/2014)

Nov. 5, 2014

Nov. 5, 2014

PACER
55

Third Amended Complaint . Filed by Yonas Fikre against All Defendants. (Nelson, Thomas) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

RECAP
56

Unopposed Motion for Stay, or in the Alternative, Extension of Time to Answer or Otherwise Respond. Filed by James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department. (Bowen, Brigham) (Entered: 01/13/2015)

Jan. 13, 2015

Jan. 13, 2015

RECAP
57

ORDER by Judge Anna J. Brown. The Court GRANTS in part and DENIES in part the Official-Capacity Defendants' Unopposed Motion 56 for Stay, or in the Alternative, Extension of Time. The Court agrees it is appropriate for the Official-Capacity Defendants to reconsider Plaintiff's DHS TRIP inquiry under new procedures, but the Court finds a stay is unnecessary to permit Defendants to do so. In addition, the Court notes this case is now over 18 months old and has not yet proceeded beyond the pleading stage. Accordingly, no later than March 9, 2015, Defendants shall complete a substantive reconsideration of Plaintiff's DHS TRIP inquiry consistent with Defendants' newly-created procedures and shall notify Plaintiff of the result of Defendants' reconsideration. No later than March 16, 2015, the parties shall submit a single, Joint Status Report in which they present their recommendations for the next steps in this case, including whether it is appropriate for Plaintiff to be permitted to file a Fourth Amended Complaint that takes into account Defendants' newly-created procedures before Defendants file their responsive pleading to Plaintiff's operative Complaint. The Joint Status Report shall specify an efficient schedule to advance this action past the initial pleadings and to make progress toward a final resolution without further delay. The Court will review the Joint Status Report upon its receipt and set a final case-management schedule shortly thereafter. (bb) (Entered: 01/14/2015)

Jan. 14, 2015

Jan. 14, 2015

PACER
58

Joint Status Report . Filed by James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department. (Bowen, Brigham) (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

PACER
59

Scheduling Order by Judge Anna J. Brown. Based on the Joint Status Report 58 the following deadlines are set: Plaintiff's Amended Complaint is due 04/01/2015. Defendants' response to Amended Complaint is due 5/15/2015. If defendants' response is an answer, a jointly proposed case-management schedule is due 5/22/2015. If defendants' response to the Amended Complaint is a Motion to Dismiss, then Plaintiff's opposition is due 06/15/2015. Defendants' reply is due 06/29/2015. Oral Argument is SET for 07/30/2015 at 9:00 am in Courtroom 14A before Judge Anna J. Brown. (bb) (Entered: 03/17/2015)

March 17, 2015

March 17, 2015

PACER
60

Fourth Amended Complaint . Filed by Yonas Fikre against All Defendants. (Nelson, Thomas) (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

RECAP
61

Order by Judge Anna J. Brown. Upon review of Plaintiffs Fourth Amended Complaint 60, the Court notes Plaintiffs procedural due-process claim (Claim Six) still does not allege the denial of any specific protected liberty or property interest. Plaintiffs previous failure in his First Amended Complaint to plead and specifically to identify in his procedural due-process claim the protected liberty or property interest that he contends has been denied was the basis for the Courts dismissal of that claim without prejudice and with leave to amend. See Opin. and Order 36 at 28-29. Notwithstanding any other challenges Defendants may assert against Plaintiff's Fourth Amended Complaint and in the interest of advancing this almost two-year-old litigation that has not yet moved beyond the pleading stage, the Court exercises its discretion and hereby GRANTS to Plaintiff leave to file a Corrected Fourth Amended Complaint to address this issue if Plaintiff chooses to do so no later than April 8, 2015. The Court does not intend to grant to Plaintiff any further leave to amend his procedural due-process claim. (bb) (Entered: 04/02/2015)

April 2, 2015

April 2, 2015

PACER
62

Fourth Amended Complaint (corrected). Filed by Yonas Fikre against All Defendants. (Nelson, Thomas) (Entered: 04/06/2015)

April 6, 2015

April 6, 2015

RECAP
63

Notice re: Revisions to DHS TRIP Procedures Filed by James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department (Bowen, Brigham) (Entered: 04/13/2015)

April 13, 2015

April 13, 2015

PACER
64

Scheduling Order by Judge Anna J. Brown. Oral Argument set for 07/30/2015 is VACATED and is RESET for 8/24/2015 at 09:30 AM in Portland Courtroom 14A before Judge Anna J. Brown. (bb) (Entered: 04/28/2015)

April 28, 2015

April 28, 2015

PACER
65

Notice of Appearance of Samuel M. Singer appearing on behalf of All Defendants Filed by on behalf of All Defendants (Singer, Samuel) (Entered: 05/07/2015)

May 7, 2015

May 7, 2015

PACER
66

Unopposed Motion for Extension of Time to Answer - Motion to Modify Briefing Schedule. Filed by Michael S. Rogers, State Department, Federal Bureau of Investigation, Eric Holder, Christopher M. Piehota, National Security Agency, James B. Comey, John Kerry. (Bowen, Brigham) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

PACER
67

Unopposed Motion to File Excess Pages . Filed by James B. Comey, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department. (Bowen, Brigham) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

PACER
68

ORDER: Granting Defendant's Unopposed Motion 66 to Modify Briefing Schedule and Granting Unopposed Motion to File Brief in Excess of 35 Pages 67 .Defendants' response to Fourth Amended Complaint is due 5/22/2015. If defendants' response is an answer, a jointly proposed case-management schedule is due 5/22/2015. If defendants' response to the Amended Complaint is a Motion to Dismiss, then Plaintiff's opposition is due 07/6/2015. Defendants' reply is due 07/24/2015. Oral Argument is SET for 08/24/2015 at 9:00 am in Courtroom 14A before Judge Anna J. Brown. (bb) (Entered: 05/14/2015)

May 14, 2015

May 14, 2015

PACER
69

Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim. Oral Argument requested. Filed by Michael S. Rogers, State Department, Federal Bureau of Investigation, Eric Holder, Christopher M. Piehota, National Security Agency, James B. Comey, John Kerry, Robert S. Mueller, III. (Attachments: # 1 Exhibit 1 - Patriot Act Section 223) (Bowen, Brigham) (Entered: 05/22/2015)

1 Exhibit 1 - Patriot Act Section 223

View on PACER

May 22, 2015

May 22, 2015

PACER
70

Consent Motion to File Excess Pages . Filed by All Plaintiffs. (Nelson, Thomas) (Entered: 06/24/2015)

June 24, 2015

June 24, 2015

PACER
71

ORDER by Judge Anna J. Brown. Granting Motion to File Excess Pages 70 .Plaintiff's responsive memorandum shall be no more than 60 pages. (bb) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
72

Memorandum in Opposition to Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 69 Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit DHS Letter, Feb. 12, 2015, # 2 Exhibit DHS Decision and Order, March 9, 2015) (Nelson, Thomas) (Entered: 07/06/2015)

1 Exhibit DHS Letter, Feb. 12, 2015

View on RECAP

2 Exhibit DHS Decision and Order, March 9, 2015

View on RECAP

July 6, 2015

July 6, 2015

PACER
73

Reply in response to Plaintiff's Opposition to Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 69 Oral Argument requested. Filed by James B. Comey, Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department. (Singer, Samuel) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

PACER
74

Notice re Motion to Dismiss, 69 Notice of Case Relevant to Oral Argument on August 24, 2015 Filed by Yonas Fikre (Related document(s): Motion to Dismiss, 69 .) (Attachments: # 1 Attachment Opinion in Mohamed v. Holder, 1:11-cv-00050-AJT (July 16, 2015)) (Nelson, Thomas) (Entered: 08/19/2015)

1 Attachment Opinion in Mohamed v. Holder, 1:11-cv-00050-AJT (July 16, 2015)

View on PACER

Aug. 19, 2015

Aug. 19, 2015

PACER
75

MINUTES of Proceedings: Oral Argument on Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 69 . Matter under advisement. Order to issue. Thomas Nelson, Brandon Mayfield present as counsel for plaintiff(s). Brigham Bowen, Samuel Singer present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) (Entered: 08/25/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
76

Notice of Appearance of David G. Cutler appearing on behalf of David Noordeloos Filed by on behalf of David Noordeloos (Cutler, David) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

PACER
77

Motion to Contest Service and Dismiss Claims Against Defendant David Noordeloos. Filed by David Noordeloos. (Cutler, David) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

PACER
78

Memorandum in Support of Motion to Contest Service and Dismiss Claims Against Defendant David Noordeloos. Filed by David Noordeloos. (Related document(s): Motion - Miscellaneous 77 .) (Cutler, David) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

PACER
79

Response in Opposition to Motion to Contest Service and Dismiss Claims Against Defendant David Noordeloos 77 Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1, Declaration of Thomas H. Nelson) (Nelson, Thomas) (Entered: 10/05/2015)

1 Exhibit Exhibit 1, Declaration of Thomas H. Nelson

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Oct. 5, 2015

Oct. 5, 2015

PACER
80

Reply in Support of to Motion to Contest Service and Dismiss Claims Against Defendant David Noordeloos 77 . Filed by David Noordeloos. (Attachments: # 1 Exhibit Transcript (Excerpt)) (Cutler, David) (Entered: 10/16/2015)

1 Exhibit Transcript (Excerpt)

View on PACER

Oct. 16, 2015

Oct. 16, 2015

PACER
81

Opinion and Order: The Court GRANTS in part and DENIES in part the Official Capacity Defendants' Motion to Dismiss 69 as stated in the attached 49 page Opinion and Order. Plaintiff has leave to amend claim sixteen only as to injunctive relief and claim seventeen no later than 11/27/2015. Signed on 11/4/2015 by Judge Anna J. Brown. (bb) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

RECAP
82

Order by Judge Anna J. Brown. In the Court's Opinion and Order (#81) the Court set the Amended Complaint due date of 11/27/2015 which is a Court holiday. The Court hereby gives Plaintiff leave to amend claim sixteen only as to injunctive relief and claim seventeen no later than 11/30/2015. (bb) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
83

Opinion and Order: The Court GRANTS Agent Noordeloos's Limited Appearance 77 to Contest Service and DISMISSES this matter as to Agent Noordeloos without prejudice. Signed on 11/4/2015 by Judge Anna J. Brown. See attached 14 page Opinion and Order for full text. (bb) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

RECAP
84

Motion for Relief regarding Opinion and Order 83 . Filed by Yonas Fikre. (Mayfield, Brandon) Modified to correct text and link to Order on 11/30/2015 (sss). (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

PACER
85

Declaration of Brandon Mayfield. Filed by Yonas Fikre. (Related document(s): Motion - Miscellaneous 84 .) (Mayfield, Brandon) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

PACER
86

Memorandum in Support of Motion. Filed by Yonas Fikre. (Related document(s): Motion - Miscellaneous 84 .) (Mayfield, Brandon) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

PACER
87

Fifth Amended Complaint . Filed by Yonas Fikre against All Defendants. (Nelson, Thomas) (Entered: 11/29/2015)

Nov. 29, 2015

Nov. 29, 2015

PACER
88

Consent Motion for Extension of Time to Answer Rule 60(b) Motion for Relief and Fifth Amended Complaint 87 . Filed by James Clapper, Michael S. Rogers, State Department, Federal Bureau of Investigation, United States of America, Timothy Healy, Eric Holder, Christopher M. Piehota, National Security Agency, James B. Comey, John Kerry, Robert S. Mueller, III. (Singer, Samuel) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

PACER
89

ORDER by Judge Anna J. Brown. Granting Defendants' Unopposed Motion to Modify Briefing Schedule 88 . Answer to Fifth Amended Complaint 87 and Response to Motion for Relief 84 are due 1/21/2016. (bb) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

PACER
90

Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim. Oral Argument requested. Filed by James Clapper, Michael S. Rogers, State Department, Federal Bureau of Investigation, United States of America, Eric Holder, Christopher M. Piehota, National Security Agency, James B. Comey, John Kerry. (Bowen, Brigham) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

RECAP
91

Unopposed Motion for Stay (Partial) of Due Process Claims, in the Alternative to Dismissal. Oral Argument requested. Filed by James Clapper, James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department, United States of America. (Bowen, Brigham) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
92

Memorandum in Opposition to Motion for Reconsideration 84 Oral Argument requested. Filed by James Clapper, James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department, United States of America. (Bowen, Brigham) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
93

Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 90 . Filed by All Plaintiffs. (Nelson, Thomas) (Entered: 02/02/2016)

Feb. 2, 2016

Feb. 2, 2016

PACER
94

ORDER by Judge Anna J. Brown. The Court GRANTS Plaintiff's Unopposed Motion 93 for Extension of Time. Plaintiff's responses to Official Capacity Defendants' Motion 90 to Dismiss Plaintiff's Fifth Amended Complaint and Official Capacity Defendants' Unopposed Motion 91, in the Alternative [to the Motion to Dismiss if denied], to Stay Plaintiff's Due Process Claims are due 2/11/16 and Official Capacity Defendants' replies are due 3/3/16. (bb) (Entered: 02/02/2016)

Feb. 2, 2016

Feb. 2, 2016

PACER
95

Response in Opposition to Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 90 Oral Argument requested. Filed by All Plaintiffs. (Nelson, Thomas) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
96

Reply to Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 90 Oral Argument requested. Filed by James Clapper, James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department, United States of America. (Bowen, Brigham) (Entered: 03/03/2016)

March 3, 2016

March 3, 2016

PACER
97

ORDER by Judge Anna J. Brown. The Court has reviewed Plaintiff's Motion 84 for Relief FRCP 60(B), which, although docketed as pertaining to the Court's Opinion and Order 83 issued November 4, 2015, appears, in fact, to challenge the Court's Opinion and Order 81 issued on that same day. The Court GRANTS Plaintiff's Motion to the extent that the Court reconsiders its Opinion and Order 81 . Having reconsidered Plaintiff's arguments, however, the Court adheres to its conclusion that Plaintiff lacks standing to seek declaratory relief on Plaintiff's Claim Fifteen brought under the Fourth Amendment to the United States Constitution. Accordingly, the Court declines to alter or to amend its November 4, 2015, Opinion and Order 81 . (bb) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

PACER
98

Notice Regarding Plaintiff's Status Filed by James Clapper, James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department, United States of America (Bowen, Brigham) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

RECAP
99

Order by Judge Anna J. Brown. In light of Defendants' Notice 98 Regarding Plaintiff's Status in which Defendants advise the Court that Plaintiff has been removed from the No-Fly List, the Court directs the parties to confer and to file no later than May 16, 2016, a single, joint status report in which the parties set out their positions regarding the effect that Plaintiff's removal from the No-Fly List has on Defendants' pending Motion 90 to Dismiss Plaintiff's Fifth Amended Complaint and Plaintiff's Unopposed Motion 91 to Stay Due Process Claims and, in particular, that specifies which portions of the pending Motions now are moot and which portions are unaffected by the Notice. (bb) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

PACER
100

Joint Status Report . Filed by James Clapper, James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department, United States of America. (Bowen, Brigham) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER

Case Details

State / Territory: Oregon

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 30, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a citizen and lawful resident of the U.S. who was denied boarding to a flight from the United Arab Emirates to the United States because of his alleged inclusion on the U.S. No Fly List.

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

Terrorist Screening Center, Federal

U.S. Department of Justice, Federal

U.S. Department of State, Federal

Federal Bureau of Investigation, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Right to travel

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:

Access to lawyers or judicial system

Inadequate citizen complaint investigations and procedures

Terrorism/Post 9-11 issues

Watchlist

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern