Case: Salim v. Mitchell

2:15-cv-00286 | U.S. District Court for the Eastern District of Washington

Filed Date: Oct. 13, 2015

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On October 13, 2015 two men and the estate of a third man, filed this lawsuit in the U.S. District Court for the Eastern District of Washington. The plaintiffs sued two psychologists who “designed, implemented, and personally administered an experimental torture program” for the CIA under the Alien Tort Statute (ATS) (28 U.S.C. § 1350) for human rights violations. The plaintiffs, represented by the ACLU and private counsel, sought monetary relief for "physical, mental, and emotional pain and su…

On October 13, 2015 two men and the estate of a third man, filed this lawsuit in the U.S. District Court for the Eastern District of Washington. The plaintiffs sued two psychologists who “designed, implemented, and personally administered an experimental torture program” for the CIA under the Alien Tort Statute (ATS) (28 U.S.C. § 1350) for human rights violations. The plaintiffs, represented by the ACLU and private counsel, sought monetary relief for "physical, mental, and emotional pain and suffering." The plaintiffs claimed that torture, non-consensual human experimentation, and war crimes had been committed against them during detention by the United States.

On January 8, 2016, the defendants filed a motion to dismiss the complaint on the grounds that “1) the court lacked jurisdiction due to the Political Question Doctrine; 2) Defendants were entitled to derivative sovereign immunity; 3) the ATS did not confer jurisdiction over Plaintiffs' claims; and 4) Plaintiff Obaid Ullah lacked the capacity to sue.” 183 F. Supp. 3d 1121. A motion hearing was held on April 22, 2016 and the motion was denied on April 28, 2016. In doing so the court took “the well pleaded factual allegations as true” and found that none of the contested grounds required the court to dismiss the case. Id.

Following discovery litigation, the defendants filed another motion to dismiss on November 18, 2016, claiming that “the Military Commissions Act (‘MCA’)...deprives this court of jurisdiction over 'non-habeas detention-related claims' brought by an alien when the alien was determined to have been properly detained by the United States as an ‘enemy combatant.”'

A motion hearing was held on January 19, 2017 and Senior Judge Justin Quackenbush denied the motion to dismiss on January 27, 2017. The motion was denied on the grounds that the defendants had not demonstrated “an agency relationship with the Government” and “[n]one of the three Plaintiffs was determined by a Combatant Status Review Tribunal to be an ‘enemy combatant.’” 2017 WL 390270.

On May 22, 2017, both parties moved for summary judgment. A hearing on these motions occurred on July 28, 2017. On August 7, 2017, the court denied both motions for summary judgment, finding that "neither side had demonstrated that judgment as a matter of law is appropriate." 268 F. Supp. 3d 1132.

On August 17, 2017 the plaintiffs moved to dismiss the claim with prejudice, pursuant to a confidential settlement agreement between the parties. The court entered judgment that same day to dismiss the case, which is now closed.

Summary Authors

Rachel Barr (2/19/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4408915/parties/salim-v-mitchell/


Judge(s)

Quackenbush, Justin Lowe (Washington)

Attorneys(s) for Plaintiff

Baker, La Rond (Washington)

Chiang, Emily (Washington)

Frey, Avram D. (New Jersey)

Hoffman, Paul L. (California)

Jaffer, Jameel (New York)

Janukowicz, Kate E. (New Jersey)

Ladin, Dror (New York)

Lustberg, Lawrence S. (New Jersey)

McGrady, Daniel J. (New Jersey)

Judge(s)

Quackenbush, Justin Lowe (Washington)

Attorneys(s) for Plaintiff

Baker, La Rond (Washington)

Chiang, Emily (Washington)

Frey, Avram D. (New Jersey)

Hoffman, Paul L. (California)

Jaffer, Jameel (New York)

Janukowicz, Kate E. (New Jersey)

Ladin, Dror (New York)

Lustberg, Lawrence S. (New Jersey)

McGrady, Daniel J. (New Jersey)

Shamsi, Hina (New York)

Watt, Steven M. (New York)

Attorneys(s) for Defendant

Paszamant, Brian S. (Pennsylvania)

Rosenthal, Jeffery N. (Pennsylvania)

Schuelke, Henry F. III (District of Columbia)

Smith, James T. (Pennsylvania)

Tompkins, Christopher W. (Washington)

Other Attorney(s)

Johnson, Timothy Andrew (District of Columbia)

Warden, Andrew Irwin (District of Columbia)

Documents in the Clearinghouse

Document

2:15-cv-00286

Docket [PACER]

Aug. 17, 2017

Aug. 17, 2017

Docket
1

2:15-cv-00286

Complaint and Demand for Jury Trial

Oct. 13, 2015

Oct. 13, 2015

Complaint
40

2:15-cv-00286

Memorandum Opinion and Order Denying Motion to Dismiss

183 F.Supp.3d 1121

April 28, 2016

April 28, 2016

Order/Opinion
135

2:15-cv-00286

Order Re: Motion to Dismiss

2017 WL 390270

Jan. 27, 2017

Jan. 27, 2017

Order/Opinion
239

2:15-cv-00286

Memorandum Opinion and Order Denying Both Parties' Motion for Summary Motion

268 F.Supp.3d 1132

Aug. 7, 2017

Aug. 7, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4408915/salim-v-mitchell/

Last updated Aug. 12, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against John Jessen and James Elmer Mitchell (Receipt # SPO025286) Jury Demand. Filed by Suleiman Abdullah Salim, Obaid Ullah, and Mohamed Ahmed Ben Soud. (Attachments: # 1 Civil Cover Sheet)(CC, Case Administrator) (Entered: 10/13/2015)

1 Civil Cover Sheet

View on PACER

Oct. 13, 2015

Oct. 13, 2015

RECAP

Notice of Judge Assignment. Senior Judge Justin L. Quackenbush assigned to case. (CC, Case Administrator)

Oct. 13, 2015

Oct. 13, 2015

PACER
2

Summons Issued as to John Jessen and James Elmer Mitchell. (Attachments: # 1 Summons)(CC, Case Administrator) (Entered: 10/13/2015)

1 Summons

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Oct. 13, 2015

Oct. 13, 2015

PACER
3

MOTION to Appear Pro Hac Vice re Attorney: Dror Ladin. Filing fee $ 200, receipt number 0980-2191812. by All Plaintiffs. Motion Hearing set for 11/23/2015 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Admission Pro Hac Vice of Dror Ladin)(Baker, La Rond) (Entered: 10/23/2015)

1 Text of Proposed Order Proposed Order Granting Admission Pro Hac Vice of Dror La

View on PACER

Oct. 23, 2015

Oct. 23, 2015

PACER
4

MOTION to Appear Pro Hac Vice re Attorney: Jameel Jaffer. Filing fee $ 200, receipt number 0980-2191831. by All Plaintiffs. Motion Hearing set for 11/23/2015 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Admission Pro Hac Vice of Jameel Jaffer)(Baker, La Rond) (Entered: 10/23/2015)

1 Text of Proposed Order Proposed Order Granting Admission Pro Hac Vice of Jameel

View on PACER

Oct. 23, 2015

Oct. 23, 2015

PACER
5

MOTION to Appear Pro Hac Vice re Attorney: Hina Shamsi. Filing fee $ 200, receipt number 0980-2191839. by All Plaintiffs. Motion Hearing set for 11/23/2015 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Admission Pro Hac Vice of Hina Shamsi)(Baker, La Rond) (Entered: 10/23/2015)

1 Text of Proposed Order Proposed Order Granting Admission Pro Hac Vice of Hina Sh

View on PACER

Oct. 23, 2015

Oct. 23, 2015

PACER
6

MOTION to Appear Pro Hac Vice re Attorney: Steven Watt. Filing fee $ 200, receipt number 0980-2191845. by All Plaintiffs. Motion Hearing set for 11/23/2015 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Admission Pro Hac Vice of Steven Watt)(Baker, La Rond) (Entered: 10/23/2015)

1 Text of Proposed Order Proposed Order Granting Admission Pro Hac Vice of Steven

View on PACER

Oct. 23, 2015

Oct. 23, 2015

PACER
7

ORDER GRANTING MOTION FOR PRO HAC VICE PARTICIPATION - granting 3 Motion for Leave to Appear Pro Hac Vice. granting 4 Motion for Leave to Appear Pro Hac Vice. granting 5 Motion for Leave to Appear Pro Hac Vice. granting 6 Motion for Leave to Appear Pro Hac Vice. Added Attorney Dror Ladin, Jameel Jaffer, Hina Shamsi and Steven Watt on behalf of Plaintiffs. Signed by Senior Judge Justin L. Quackenbush. (VR, Courtroom Deputy) (VR, Courtroom Deputy). (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
8

WAIVER OF SERVICE Returned Executed by All Plaintiffs re James Elmer Mitchell. (Ladin, Dror) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
9

WAIVER OF SERVICE Returned Executed by All Plaintiffs re John Jessen. (Ladin, Dror) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
10

MOTION to Appear Pro Hac Vice re Attorney: Paul Hoffman. Filing fee $ 200, receipt number 0980-2216127. by All Plaintiffs. Motion Hearing set for 12/31/2015 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Baker, La Rond) (Entered: 12/01/2015)

1 Text of Proposed Order

View on PACER

Dec. 1, 2015

Dec. 1, 2015

PACER
11

ORDER GRANTING MOTION FOR PRO HAC VICE PARTICIPATION - granting 10 Motion for Leave to Appear Pro Hac Vice. Added Attorney Paul L. Hoffman for Mohamed Ahmed Ben Soud, Suleiman Abdullah Salim, and Obaid Ullah. Signed by Senior Judge Justin L. Quackenbush. (CC, Case Administrator) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
12

NOTICE of Appearance by Christopher W Tompkins on behalf of All Defendants (Attorney Christopher W Tompkins added to party John Jessen(pty:dft), Attorney Christopher W Tompkins added to party James Elmer Mitchell(pty:dft))(Tompkins, Christopher) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
13

MOTION to Appear Pro Hac Vice re Attorney: Henry F. Schuelke III. Filing fee $ 200, receipt number 0980-2225160. by All Defendants. Motion Hearing set for 1/11/2016 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Tompkins, Christopher) (Entered: 12/11/2015)

1 Text of Proposed Order

View on PACER

Dec. 11, 2015

Dec. 11, 2015

PACER
14

MOTION to Appear Pro Hac Vice re Attorney: Brian S. Paszamant. Filing fee $ 200, receipt number 0980-2225172. by All Defendants. Motion Hearing set for 1/11/2016 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Tompkins, Christopher) (Entered: 12/11/2015)

1 Text of Proposed Order

View on PACER

Dec. 11, 2015

Dec. 11, 2015

PACER
15

Joint MOTION Briefing Schedule & Stay of Initial Activity Pending Motion by All Defendants. Motion Hearing set for 1/11/2016 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Tompkins, Christopher) (Entered: 12/11/2015)

1 Text of Proposed Order

View on PACER

Dec. 11, 2015

Dec. 11, 2015

PACER
16

DECLARATION by Christopher W. Tompkins in Support re 15 Joint MOTION Briefing Schedule & Stay of Initial Activity Pending Motion filed by All Defendants. (Tompkins, Christopher) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
17

Joint MOTION to File Over-Length Briefing by All Parties. Motion Hearing set for 1/19/2016 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Tompkins, Christopher) Modified on 12/17/2015 (CC, Case Administrator). (Entered: 12/17/2015)

1 Text of Proposed Order

View on PACER

Dec. 17, 2015

Dec. 17, 2015

PACER
18

DECLARATION by Christopher W. Tompkins in Support re 17 Joint MOTION to File Over-Length Briefing filed by All Parties. (Tompkins, Christopher) Modified on 12/17/2015 (CC, Case Administrator). (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER
19

Joint MOTION to Expedite Consideration of Pending Motions by All Parties. Motion Hearing set for 12/22/2015 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Tompkins, Christopher) Modified on 12/17/2015 (CC, Case Administrator). (Entered: 12/17/2015)

1 Text of Proposed Order

View on PACER

Dec. 17, 2015

Dec. 17, 2015

PACER
20

DECLARATION by Christopher W. Tompkins in Support re 19 Joint MOTION to Expedite Consideration of Pending Motions filed by All Parties. (Tompkins, Christopher) Modified on 12/17/2015 (CC, Case Administrator). (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER
21

ORDER GRANTING MOTIONS FOR PRO HAC VICE PARTICIPATION - granting 13 and 14 Motion for Leave to Appear Pro Hac Vice. Added Attorneys Henry F. Schuelke, III, and Brian S. Paszamant for John Jessen and James Elmer Mitchell. Signed by Senior Judge Justin L. Quackenbush. (CC, Case Administrator) (Main Document 21 replaced on 1/5/2016) (RG, Ops Supervisor). (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
22

ORDER SETTING BRIEFING SCHEDULE - granting in part 15 Motion; granting 17 Motion; and granting 19 Motion to Expedite. Signed by Senior Judge Justin L. Quackenbush. (CC, Case Administrator) (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
23

MOTION to Appear Pro Hac Vice re Attorney: James T. Smith. Filing fee $ 200, receipt number 0980-2233604. by All Defendants. Motion Hearing set for 1/22/2016 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Tompkins, Christopher) (Entered: 12/23/2015)

1 Text of Proposed Order

View on PACER

Dec. 23, 2015

Dec. 23, 2015

PACER
24

ORDER RE: REMAINING PRETRIAL DATES signed by Senior Judge Justin L. Quackenbush. (CC, Case Administrator) Remark: Document incorrectly filed in this case. Modified on 12/28/2015 (LAM, ). Modified on 12/28/2015 (LAM, ). (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER

Docket Annotation - Re Filing Error: Order ECF No. 24 incorrectly filed in this case. Text Entry - No PDF attached. (LAM, )

Dec. 28, 2015

Dec. 28, 2015

PACER
25

ORDER GRANTING MOTION FOR PRO HAC VICE PARTICIPATION - granting 23 Motion for Leave to Appear Pro Hac Vice. Added Attorney James T. Smith for John Jessen and James Elmer Mitchell. Signed by Senior Judge Justin L. Quackenbush. (CC, Case Administrator) (Entered: 12/29/2015)

Dec. 29, 2015

Dec. 29, 2015

PACER
26

Docket Annotation - Re Filing Error: 21 Order on Motion for Leave to Appear Pro Hac Vice. Incorrect PDF attached to original docket entry. Attached is the correct PDF. (RG, Ops Supervisor) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

PACER
27

MOTION to Dismiss by All Defendants. Motion Hearing set for 4/22/2016 at 09:00 AM in Spokane Courtroom 903 before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Tompkins, Christopher) (Entered: 01/08/2016)

1 Text of Proposed Order

View on PACER

Jan. 8, 2016

Jan. 8, 2016

PACER
28

MEMORANDUM in Opposition re 27 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Declaration of Dror Ladin)(Baker, La Rond) (Entered: 02/11/2016)

1 Declaration of Dror Ladin

View on PACER

Feb. 11, 2016

Feb. 11, 2016

PACER
29

REPLY MEMORANDUM re 27 MOTION to Dismiss filed by All Defendants. (Tompkins, Christopher) (Entered: 03/02/2016)

March 2, 2016

March 2, 2016

RECAP
30

ORDER DIRECTING FILING OF DISCOVERY PLAN AND PROPOSED SCHEDULE. Signed by Senior Judge Justin L. Quackenbush. (LAM, ) (Entered: 03/03/2016)

March 3, 2016

March 3, 2016

PACER
31

LR 26.1 / LR 16.1 Attorney Report Proposed Discovery Plan & Scheduling Plan by All Defendants. (Attachments: # 1 Exhibit A)(Tompkins, Christopher) (Entered: 04/08/2016)

1 Exhibit A

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April 8, 2016

April 8, 2016

PACER
32

NOTICE of Appearance by Andrew Irwin Warden on behalf of United States of America (Attorney Andrew Irwin Warden added to party United States of America(pty:ip))(Warden, Andrew) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
33

STATEMENT of Interest by United States of America. (Warden, Andrew) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

RECAP
34

LR 26.1 / LR 16.1 Attorney Report Proposed Discovery Plan and Scheduling Plan by All Plaintiffs. (Baker, La Rond) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
35

ORDER REGARDING REQUEST FOR LIVE MEDIA BLOGGING Re Maria L. LaGanga *U.S. MARSHALS ACTION REQUIRED*. Signed by Senior Judge Justin L. Quackenbush. (RG, Ops Supervisor) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
36

ORDER REGARDING REQUEST FOR LIVE MEDIA BLOGGING Re: David Welna. *U.S. MARSHALS ACTION REQUIRED* Signed by Senior Judge Justin L. Quackenbush. (RG, Ops Supervisor) (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

PACER
37

ORDER REGARDING REQUEST FOR LIVE MEDIA BLOGGING Re: Jessica Schulberg *U.S. MARSHALS ACTION REQUIRED*. Signed by Senior Judge Justin L. Quackenbush. (RG, Ops Supervisor) (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

PACER
38

Minute Entry for proceedings held before Senior Judge Justin L. Quackenbush: Motion Hearing held on 4/22/2016 re 27 MOTION to Dismiss filed by John Jessen, James Elmer Mitchell. (Reported by: Mark A. Snover) (LAM, ) (Entered: 04/25/2016)

April 22, 2016

April 22, 2016

PACER
39

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING. Proceedings held on 04-22-2016 in SPOKANE before Judge JUSTIN L QUACKENBUSH. Page Numbers: 1-90 Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf. To purchase a copy of the transcript contact Court Reporter/Transcriber MARK A SNOVER at 5094583434 . Redaction Request due 5/18/2016. Redacted Transcript Deadline set for 5/31/2016. Release of Transcript Restriction set for 7/26/2016. (Snover, Mark) (Entered: 04/27/2016)

April 27, 2016

April 27, 2016

PACER
40

MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS Signed by Senior Judge Justin L. Quackenbush. (LAM, ) (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

RECAP
41

MOTION for Extension of Time to File Answer Unopposed by John Jessen, James Elmer Mitchell. Motion Hearing set for 6/6/2016 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Tompkins, Christopher) (Entered: 05/06/2016)

1 Text of Proposed Order

View on PACER

May 6, 2016

May 6, 2016

PACER
42

DECLARATION by Christopher W. Tompkins in Support re 41 MOTION for Extension of Time to File Answer Unopposed filed by John Jessen, James Elmer Mitchell. (Attachments: # 1 Exhibit 1)(Tompkins, Christopher) (Entered: 05/06/2016)

1 Exhibit 1

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May 6, 2016

May 6, 2016

PACER
43

MOTION to Expedite Unopposed Motion to Set Time to File Answer by John Jessen, James Elmer Mitchell. Motion Hearing set for 5/6/2016 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Tompkins, Christopher) (Entered: 05/06/2016)

1 Text of Proposed Order

View on PACER

May 6, 2016

May 6, 2016

PACER
44

DECLARATION by Christopher W. Tompkins in Support re 43 MOTION to Expedite Unopposed Motion to Set Time to File Answer filed by John Jessen, James Elmer Mitchell. (Tompkins, Christopher) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

RECAP
45

ORDER GRANTING MOTION TO SET TIME TO FILE ANSWER Signed by Senior Judge Justin L. Quackenbush. (LAM, ) (Entered: 05/12/2016)

May 12, 2016

May 12, 2016

RECAP
46

RESPONSE re 45 Order on Motion for Extension of Time to Answer, Order on Motion to Expedite ; Statement of the United States Addressing Production of Defendants' Non-Disclosure Agreements and Contracts by United States of America. (Warden, Andrew) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

RECAP
47

STIPULATION Re Discovery by John Jessen, James Elmer Mitchell. (Tompkins, Christopher) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
48

MOTION Case Management Procedure Unopposed by All Defendants. Motion Hearing set for 7/11/2016 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Tompkins, Christopher) (Entered: 06/09/2016)

1 Text of Proposed Order

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June 9, 2016

June 9, 2016

PACER
49

MOTION to Expedite ECF 48 by All Defendants. Motion Hearing set for 6/13/2016 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Tompkins, Christopher) (Entered: 06/09/2016)

1 Text of Proposed Order

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June 9, 2016

June 9, 2016

PACER
50

DECLARATION by Christopher W. Tompkins in Support re 49 MOTION to Expedite ECF 48 filed by All Defendants. (Tompkins, Christopher) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

RECAP
51

ORDER RE: MOTION TO ESTABLISH CASE MANAGEMENT PROCEDURES (granting in part and denying in part 48 Motion to Establish Case Management Procedures; granting 49 Motion to Expedite; setting Telephonic Scheduling Conference 7/7/2016 at 1:30 P.M. PDT) Signed by Senior Judge Justin L. Quackenbush. (LAM, ) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

PACER

Telephonic Scheduling Conference set for 7/7/2016 at 1:30 PM PDT before Senior Judge Justin L. Quackenbush. (LAM, )

June 15, 2016

June 15, 2016

PACER
52

NOTICE of Appearance by Emily Chiang on behalf of All Plaintiffs (Attorney Emily Chiang added to party Mohamed Ahmed Ben Soud(pty:pla), Attorney Emily Chiang added to party Suleiman Abdullah Salim(pty:pla), Attorney Emily Chiang added to party Obaid Ullah(pty:pla))(Chiang, Emily) (Entered: 06/16/2016)

June 16, 2016

June 16, 2016

PACER
53

NOTICE OF WITHDRAWAL OF COUNSEL by La Rond Baker on behalf of Plaintiffs Mohamed Ahmed Ben Soud, Suleiman Abdullah Salim, Obaid Ullah (Baker, La Rond) (Entered: 06/16/2016)

June 16, 2016

June 16, 2016

PACER
54

ANSWER to Complaint and Affirmative Defenses by John Jessen, James Elmer Mitchell.(Tompkins, Christopher) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

RECAP
55

NOTICE RESETTING TELEPHONIC SCHEDULING CONFERENCE - Text entry;no PDF document. - By Court: Telephonic Scheduling Conference previously set for 7/7/16 is stricken and is RESET to Friday, 7/8/2016 at 10:30 AM PDT before Senior Judge Justin L. Quackenbush. (LAM, ) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
56

RESPONSE re 51 Order on Motion for Miscellaneous Relief,, Order on Motion to Expedite, by John Jessen, James Elmer Mitchell. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tompkins, Christopher) (Entered: 06/30/2016)

1 Exhibit A

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2 Exhibit B

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June 30, 2016

June 30, 2016

PACER
57

RESPONSE re 51 Order on Motion for Miscellaneous Relief,, Order on Motion to Expedite, by All Plaintiffs. (Ladin, Dror) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

PACER
58

Minute Entry for TELEPHONIC proceedings held before Senior Judge Justin L. Quackenbush: Scheduling Conference held on 7/8/2016. (Reported by: Ronelle F. Corbey) (LAM, ) (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

PACER
59

SCHEDULING ORDER: (Pretrial Conference set for 6/9/2017 at 10:00 AM; Jury Trial set for 6/26/2017 at 9:00 AM). Signed by Senior Judge Justin L. Quackenbush. (LAM, ) (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

PACER
60

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Scheduling Conference. Proceedings held on 7/8/2016 in Spokane, WA, before Judge Justin L. Quackenbush. Page Numbers: 1 - 27 Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf. To purchase a copy of the transcript contact Court Reporter/Transcriber Ronelle Corbey at Ronelle_Corbey@waed.uscourts.gov . Redaction Request due 8/3/2016. Redacted Transcript Deadline set for 8/15/2016. Release of Transcript Restriction set for 10/11/2016. (Corbey, Ronelle) (Main Document 60 replaced on 7/13/2016) (Corbey, Ronelle). (Main Document 60 replaced on 7/13/2016) (Corbey, Ronelle). (Entered: 07/13/2016)

July 13, 2016

July 13, 2016

PACER
61

NOTICE by All Defendants of Related Case Filing (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Tompkins, Christopher) (Entered: 08/23/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Aug. 23, 2016

Aug. 23, 2016

PACER
62

NOTICE OF WITHDRAWAL OF COUNSEL by Jameel Jaffer on behalf of Plaintiffs Mohamed Ahmed Ben Soud, Suleiman Abdullah Salim, Obaid Ullah (Jaffer, Jameel) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
63

ORDER SETTING BRIEFING SCHEDULE ON MOTION TO COMPEL. Signed by Senior Judge Justin L. Quackenbush. (LAM, ) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER
69

ORDER RE: MOTION FOR OVERLENGTH BRIEF. Signed by Senior Judge Justin L. Quackenbush. (LAM, ) (Entered: 09/15/2016)

Sept. 14, 2016

Sept. 14, 2016

PACER
64

MOTION to Appear Pro Hac Vice re Attorney: Avram D. Frey. Filing fee $ 200, receipt number 0980-2432537. by All Plaintiffs. Motion Hearing set for 10/17/2016 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Chiang, Emily) (Entered: 09/15/2016)

1 Text of Proposed Order

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Sept. 15, 2016

Sept. 15, 2016

PACER
65

MOTION to Appear Pro Hac Vice re Attorney: Daniel J. McGrady. Filing fee $ 200, receipt number 0980-2432540. by All Plaintiffs. Motion Hearing set for 10/17/2016 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Chiang, Emily) (Entered: 09/15/2016)

1 Text of Proposed Order

View on PACER

Sept. 15, 2016

Sept. 15, 2016

PACER
66

MOTION to Appear Pro Hac Vice re Attorney: Kate E. Janukowicz. Filing fee $ 200, receipt number 0980-2432542. by All Plaintiffs. Motion Hearing set for 10/17/2016 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Chiang, Emily) (Entered: 09/15/2016)

1 Text of Proposed Order

View on PACER

Sept. 15, 2016

Sept. 15, 2016

PACER
67

MOTION to Appear Pro Hac Vice re Attorney: Lawrence S. Lustberg. Filing fee $ 200, receipt number 0980-2432543. by All Plaintiffs. Motion Hearing set for 10/17/2016 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Chiang, Emily) (Entered: 09/15/2016)

1 Text of Proposed Order

View on PACER

Sept. 15, 2016

Sept. 15, 2016

PACER

Set/Reset Deadlines/Hearings: Jury Trial resumes 9/16/2016 at 8:30 AM in Spokane Courtroom 903 before Senior Judge Justin L. Quackenbush. Docketed in incorrect case (LAM, ) Modified on 9/15/2016 (LAM, ).

Sept. 15, 2016

Sept. 15, 2016

PACER
68

Docket Annotation - Re Filing Error:Trial continuation notice for 9/16/16 filed in incorrect case. (LAM, ) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
70

ORDER GRANTING MOTIONS FOR PRO HAC VICE PARTICIPATION - granting 64 Motion for Leave to Appear Pro Hac Vice. granting 65 Motion for Leave to Appear Pro Hac Vice. granting 66 Motion for Leave to Appear Pro Hac Vice. granting 67 Motion for Leave to Appear Pro Hac Vice. Added Attorneys Avram D Frey,Daniel J McGrady,Kate E Janukowicz,Lawrence S Lustberg for Plaintiffs Suleiman Abdullah Salim, Mohamed Ahmed Ben Soud and Obaid Ullah. Signed by Senior Judge Justin L. Quackenbush. (VR, Courtroom Deputy) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
71

MOTION to Amend/Correct 54 Answer to Complaint by All Defendants. Motion Hearing set for 10/20/2016 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Tompkins, Christopher) (Entered: 09/20/2016)

1 Text of Proposed Order

View on PACER

Sept. 20, 2016

Sept. 20, 2016

PACER
72

DECLARATION by Christopher W. Tompkins in Support re 71 MOTION to Amend/Correct 54 Answer to Complaint filed by All Defendants. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tompkins, Christopher) (Entered: 09/20/2016)

1 Exhibit A

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2 Exhibit B

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Sept. 20, 2016

Sept. 20, 2016

PACER
73

MOTION for Protective Order Limiting Depositions Of CIA Officials To Written Questions by United States of America. Motion Hearing set for 9/29/2016 at 01:30 PM Spokane Courtroom 903 Teleconference before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Warden, Andrew) (Entered: 09/23/2016)

1 Exhibit 1

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2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Text of Proposed Order

View on PACER

Sept. 23, 2016

Sept. 23, 2016

PACER
74

MOTION to Expedite Consideration Of The Government's Motion For Protective Order by United States of America. Motion Hearing set for 9/29/2016 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Warden, Andrew) (Entered: 09/23/2016)

1 Exhibit 1

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2 Text of Proposed Order

View on PACER

Sept. 23, 2016

Sept. 23, 2016

PACER
75

ORDER GRANTING MOTION FOR LEAVE TO AMEND ANSWER (ECF No. 71 ) Signed by Senior Judge Justin L. Quackenbush. (LAM, ) (Entered: 09/27/2016)

Sept. 27, 2016

Sept. 27, 2016

PACER
76

ORDER GRANTING MOTION TO EXPEDITE (ECF No. 74 ) Signed by Senior Judge Justin L. Quackenbush. (LAM, ) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
77

AMENDED ANSWER to Complaint by All Defendants.(Tompkins, Christopher) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
78

RESPONSE to Motion re 73 MOTION for Protective Order Limiting Depositions Of CIA Officials To Written Questions filed by All Defendants. (Tompkins, Christopher) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
79

Minute Entry for TELEPHONIC proceedings held before Senior Judge Justin L. Quackenbush: Motion Hearing held on 9/29/2016. (Reported by: Mark A. Snover) (LAM, ) (Entered: 10/03/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
80

ORDER RE: MOTION FOR PROTECTIVE ORDER Signed by Senior Judge Justin L. Quackenbush. (LAM, ) (Entered: 10/04/2016)

Oct. 4, 2016

Oct. 4, 2016

RECAP
81

MOTION for Protective Order by All Defendants. Motion Hearing set for 11/10/2016 Without Oral Argument before Senior Judge Justin L. Quackenbush. (Attachments: # 1 Text of Proposed Order)(Tompkins, Christopher) (Entered: 10/11/2016)

1 Text of Proposed Order

View on PACER

Oct. 11, 2016

Oct. 11, 2016

PACER
82

DECLARATION by Tina Constable in Support re 81 MOTION for Protective Order filed by All Defendants. (Tompkins, Christopher) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
83

DECLARATION by Brian Paszamant in Support re 81 MOTION for Protective Order filed by All Defendants. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Tompkins, Christopher) (Entered: 10/11/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Oct. 11, 2016

Oct. 11, 2016

PACER
84

NOTICE by United States of America re 80 Order on Motion for Protective Order re Filing of Defendants' Contracts and Nondisclosure Agreements (Attachments: # 1 Exhibit 1 (Mitchell contracts), # 2 Exhibit 2 (Jessen contracts), # 3 Exhibit 3 (Nondisclosure agreements))(Warden, Andrew) (Entered: 10/11/2016)

1 Exhibit 1 (Mitchell contracts)

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2 Exhibit 2 (Jessen contracts)

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3 Exhibit 3 (Nondisclosure agreements)

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Oct. 11, 2016

Oct. 11, 2016

PACER
85

STATUS REPORT Addressing Document Production and Statement Addressing Redactions To Documents Produced in Response to Defendants' Subpoenas by United States of America. (Attachments: # 1 Exhibit 1 (classification guidance), # 2 Exhibit 2 (OMS document), # 3 Exhibit 3 (Gul Rahman documents))(Warden, Andrew) (Entered: 10/11/2016)

1 Exhibit 1 (classification guidance)

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2 Exhibit 2 (OMS document)

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3 Exhibit 3 (Gul Rahman documents)

View on PACER

Oct. 11, 2016

Oct. 11, 2016

PACER
86

RESPONSE to Motion re 81 MOTION for Protective Order filed by All Plaintiffs. (Attachments: # 1 Declaration of Lawrence S. Lustberg, # 2 Exhibit A, # 3 Exhibit B)(Lustberg, Lawrence) (Entered: 10/13/2016)

1 Declaration of Lawrence S. Lustberg

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2 Exhibit A

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3 Exhibit B

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Oct. 13, 2016

Oct. 13, 2016

PACER
87

STATEMENT re 80 Order on Motion for Protective Order Statement by the United States Addressing Proposed Deadline for Document Production by the Central Intelligence Agency by United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Warden, Andrew) (Entered: 10/17/2016)

1 Exhibit 1

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2 Exhibit 2

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Oct. 17, 2016

Oct. 17, 2016

PACER
88

STATEMENT re 80 Order on Motion for Protective Order re Deadline for US Document Production by John Jessen, James Elmer Mitchell. (Paszamant, Brian) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
89

REPLY MEMORANDUM re 81 MOTION for Protective Order filed by All Defendants. (Tompkins, Christopher) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
90

DECLARATION by Ann E. Querns in Support re 81 MOTION for Protective Order filed by All Defendants. (Tompkins, Christopher) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
91

ORDER SETTING DOCUMENT PRODUCTION DEADLINE. Signed by Senior Judge Justin L. Quackenbush. (LAM, ) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

PACER
92

ORDER GRANTING MOTION FOR PROTECTIVE ORDER IN PART. Granting in part 81 Motion for Protective Order. Signed by Senior Judge Justin L. Quackenbush. (RG, Ops Supervisor) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

RECAP
93

NOTICE of Appearance by Timothy Andrew Johnson on behalf of United States of America (Attorney Timothy Andrew Johnson added to party United States of America(pty:ip))(Johnson, Timothy) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
94

STATUS REPORT Re: Manuscript by John Jessen, James Elmer Mitchell. (Tompkins, Christopher) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
95

ORDER RE: MOTION TO EXPEDITE. Signed by Senior Judge Justin L. Quackenbush. (RG, Ops Supervisor) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
96

ORDER RE: MOTION TO RECONSIDER Signed by Senior Judge Justin L. Quackenbush. (LAM, ) (Entered: 11/08/2016)

Nov. 8, 2016

Nov. 8, 2016

PACER

Case Details

State / Territory: Washington

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 13, 2015

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two men and the estate of a third man, alleging torture while in the custody of the CIA.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

James Elmer Mitchell, Federal

John "Bruce" Jessen , Federal

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General:

Conditions of confinement

International law

Over/Unlawful Detention

Restraints : physical

Solitary confinement/Supermax (conditions or process)

Terrorism/Post 9-11 issues

Torture

Totality of conditions

Type of Facility:

Government-run