Case: Elhady v. Piehota

1:16-cv-00375 | U.S. District Court for the Eastern District of Virginia

Filed Date: April 6, 2016

Case Ongoing

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Case Summary

On April 5, 2016, a group of Muslim-American U.S. citizens represented by the Council on American-Islamic Relations, filed this lawsuit in the U.S. District Court for the Eastern District of Virginia (in Alexandria). Judge Anthony J. Trenga was assigned to the case. Defendants included the FBI, the Transportation Security Administration (TSA), and the National Counterterrorism Center (NCC). Seeking declaratory and injunctive relief, plaintiffs alleged that they were placed on the Terrorist Screening Database (TSDB or “the watchlist”) without warning and without a constitutionally adequate mechanism for having their names removed. Plaintiffs alleged that their placement on the watchlist subjected them to burdensome travel screening and reputational harm that diminished their employment prospects. They argued that the burdens and reputational harm they suffered violated their Fifth Amendment due process and equal protection rights, the Administrative Procedure Act (“APA”), and the Constitution’s nondelegation doctrine.

On September 2, 2016, the government moved to dismiss the complaint for failure to state a claim. The plaintiffs then filed an amended complaint on September 23, 2016, to add twelve new plaintiffs (bringing the total to 25 plaintiffs) and add Customs and Border Protection (CBP) as a defendant.

On September 5, 2017, after a period of inactivity, the Court dismissed the plaintiffs’ substantive due process, equal protection, and non-delegation claims, but allowed their procedural due process and APA claims to proceed to discovery. 303 F. Supp. 3d 453. Rejecting the government’s arguments, Judge Trenga held the following. First, the alleged enhanced screening and detention endured by plaintiffs infringed their rights of travel. Second, the government’s alleged dissemination of the plaintiff’s information with private third parties violated their right to be free of reputational harm.

From November 2017 to March 2019, the parties disputed various steps of the discovery process. One of the disputes that may be of particular interest to legal scholars is that which followed the “first” motion to compel filed by plaintiffs on March 15, 2018. This motion requested access to documents relating to the standards and procedures for watchlist additions, screening policies that utilize watchlist information, the government’s procedures for handling requests from individuals who wish to be removed from the watchlist, and statistics on the watchlist’s overall effectiveness. In response to this motion, the government, via an affidavit from Attorney General Jeff Sessions filed on April 23, 2018, formally invoked the state secrets privilege. Attorney General Sessions asserted the privilege over documents that touched on information shared by foreign governments and other sensitive national security information. After hearing oral arguments on the motion, on May 18, 2018, Judge Trenga ordered the defendants to produce the requested documents to plaintiffs “redacted of any information they believe is privileged or classified” with redactions removed for in camera inspection. However, for the documents requested in the March 15 motion to compel, Judge Trenga did not require the government to include the names of foreign countries that provided information in “sharing agreements” used to populate the TSDB in discovery materials provided to the plaintiffs or the Court. On March 11, 2019, parties filed cross-motions for summary judgment. Both parties then filed memorandums in opposition and continued discovery.

On September 4, 2019, Judge Trenga issued an opinion and order granting in part and denying in part the plaintiffs’ motion for summary judgment. 391 F. Supp. 3d 562. Judge Trenga held that plaintiffs were entitled to a favorable judgment as a matter of law on their procedural due process and Administrative Procedure act claims. Additionally, the government’s motion for summary judgment was denied. Judge Trenga based this decision on his finding that the travel difficulties faced by the plaintiffs, such as being handcuffed at border crossings and being subjected to invasive secondary searches at airports, were significant and that the plaintiffs had a right to procedural due process when their Constitutional rights were infringed. The District Court also held that the Department of Homeland Security Traveler's Redress Inquiry Program ("TRIP"), which has a process through which plaintiffs may challenge their inclusion on the watchlist, was not adequate to protect their liberty interest. Judge Trenga ordered the parties to submit additional briefing related to the outstanding issue of remedies within fourteen days.

District Judge Trenga entered an order on December 18, 2019, making his September 4 order a final judgment. The defendants filed a motion to vacate this order on December 20, presumably so that they would have time to apply for an appeal following the holidays. Judge Trenga granted the motion to vacate his December 18 order on December 26 and reentered final judgment on the same day.

On January 31, 2020, the defendants appealed to the Fourth Circuit Court of Appeals. On appeal was the plaintiff's motion for summary judgment granted on September 4, 2019, regarding both the procedural due process and ACA claims.

On March 30, 2021, the Fourth Circuit reversed the District Court’s grant of summary judgment and remanded for entry of a judgment in accordance with its holding. Writing for a three-judge panel, Circuit Judge Harvie Wilkinson III held that the TSDB does not violate the Fifth Amendment Right to procedural due process. This holding had two subparts. First, delays or inconveniences that plaintiffs faced at airports or while entering the U.S. at land borders did not rise to the level of an infringement on the right to travel. Second, the listing of the plaintiffs’ names on the TSDB database did not meet the standard for a Fifth Amendment claim based on reputational injury. Because the APA claim was essentially based on the same theory of a violation of a Constitutional right as the procedural due process claim, it also failed. 993 F.3d 208.

Following their failure to persuade the three-judge panel, the plaintiffs filed a motion on May 14, 2021, requesting an en banc rehearing of the case at the Fourth Circuit. The Fourth Circuit denied rehearing. A final mandate to the District Court was issued on June 7, 2021. The plaintiffs have 150 days from that date to apply for certiorari to the Supreme Court.

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Summary Authors

Alexander Walling (7/26/2018)

Caitlin Hatakeyama (11/9/2018)

Emma Himes (10/24/2019)

Esteban Woo Kee (6/23/2021)

Abdi v. Wray, District of Utah (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6291688/parties/elhady-v-piehota/

Judge(s)

Anderson, John F. (Virginia)

Quattlebaum, A. Marvin Jr. (South Carolina)

Attorney for Plaintiff

Abbas, Gadeir Ibrahim (District of Columbia)

Akeel, Shereef H (Michigan)

Masri, Lena F (Michigan)

Attorney for Defendant

Expert/Monitor/Master

Judge(s)

Anderson, John F. (Virginia)

Quattlebaum, A. Marvin Jr. (South Carolina)

Richardson, Julius Ness (South Carolina)

Trenga, Anthony John (Virginia)

Wilkinson, J. Harvie III (District of Columbia)

Attorney for Plaintiff

Abbas, Gadeir Ibrahim (District of Columbia)

Akeel, Shereef H (Michigan)

Masri, Lena F (Michigan)

Sadowsky, Justin Mark (District of Columbia)

Attorney for Defendant

Sher, R. Joseph (Virginia)

Wetzler, Lauren A. (Virginia)

Expert/Monitor/Master

Sessions, Jeff (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:16-cv-00375 0:20-01311	Docket [PACER]	June 7, 2021	June 7, 2021 Docket
1 1:16-cv-00375	Complaint	April 5, 2016	April 5, 2016 Complaint
22 1:16-cv-00375	First Amended Complaint	Sept. 23, 2016	Sept. 23, 2016 Complaint
47 1:16-cv-00375	Memorandum Opinion and Order	Sept. 5, 2017	Sept. 5, 2017 Order/Opinion
178-19 1:16-cv-00375	Declaration of Jefferson B. Sessions III, Attorney General	April 23, 2018	April 23, 2018 Declaration/Affidavit
323 1:16-cv-00375	Memoradum Opinion and Order Elhady v. Kable	Sept. 4, 2019	Sept. 4, 2019 Order/Opinion
1000925434 1:16-cv-00375 0:20-01119 0:20-01311	Opinion Elhady v. Kable U. S. Court of Appeals for the Fourth Circuit	March 30, 2021	March 30, 2021 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6291688/elhady-v-piehota/

Last updated June 28, 2023, 3:03 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against G. Clayton Grigg, James G. Kennedy, Steven Mabeus, Matthew G. Olsen, Christopher M. Piehota ( Filing fee $ 400, receipt number 14683058121) filed by Murat Frljuckic, John Doe No. 2, Michael Edmund Coleman, Samir Anwar, Anas Elhady, Adnan Khalil Shaout, John Doe No. 3, Shahir Anwar, Osama Hussein Ahmed, Wael Hakmeh, Saleem Ali, John Doe No. 1, Ahmad Ibrahim Al Halabi. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet, # 6 Letter, # 7 Receipt)(jlan) (Entered: 04/06/2016) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Civil Cover Sheet View on PACER 6 Letter View on PACER 7 Receipt View on PACER	April 5, 2016	April 5, 2016 Clearinghouse
2	Motion to appear Pro Hac Vice by Lena Masri and Certification of Local Counsel Gadeir Abbas Filing fee $ 75, receipt number 0422-4972544. by Osama Hussein Ahmed, Ahmad Ibrahim Al Halabi, Saleem Ali, Samir Anwar, Shahir Anwar, Michael Edmund Coleman, Anas Elhady, Murat Frljuckic, Wael Hakmeh, John Doe No. 1, John Doe No. 2, John Doe No. 3, Adnan Khalil Shaout. (Abbas, Gadeir) (Entered: 05/04/2016)	May 4, 2016	May 4, 2016 PACER
3	Motion to appear Pro Hac Vice by Shereef Akeel and Certification of Local Counsel Gadeir Abbas Filing fee $ 75, receipt number 0422-4972720. by Osama Hussein Ahmed, Ahmad Ibrahim Al Halabi, Saleem Ali, Samir Anwar, Shahir Anwar, Michael Edmund Coleman, Anas Elhady, Murat Frljuckic, Wael Hakmeh, John Doe No. 1, John Doe No. 2, John Doe No. 3, Adnan Khalil Shaout. (Abbas, Gadeir) (Entered: 05/04/2016)	May 4, 2016	May 4, 2016 PACER
4	ORDER granting 2 Motion for Pro hac vice. Signed by District Judge Anthony J Trenga on 05/05/16. (pmil, ) (Entered: 05/05/2016)	May 5, 2016	May 5, 2016 PACER
5	ORDER granting 3 Motion for Pro hac vice. Signed by District Judge Anthony J Trenga on 05/05/16. (pmil, ) (Entered: 05/05/2016)	May 5, 2016	May 5, 2016 PACER
6	Summons Issued for service by Certified Mail as to James G. Kennedy, Christopher M. Piehota, U.S. Attorney and U.S. Attorney General (pmil, ) (Entered: 06/23/2016)	June 22, 2016	June 22, 2016 PACER
7	Summons Issued for service by Certified Mail as to G. Clayton Grigg, Steven Mabeus, Matthew G. Olsen. (pmil, ) (Entered: 07/01/2016)	July 1, 2016	July 1, 2016 PACER
8	SUMMONS Returned Executed as to U.S. Atty; served on 7/5/2016, answer due 9/6/2016. (pmil, ) (Entered: 07/05/2016)	July 5, 2016	July 5, 2016 PACER
9	Consent MOTION for Extension of Time to File Answer until September 2, 2016, Consent MOTION for Leave to File Excess Pages by G. Clayton Grigg, James G. Kennedy, Steven Mabeus, Matthew G. Olsen, Christopher M. Piehota. (Sher, R.) (Entered: 08/30/2016)	Aug. 30, 2016	Aug. 30, 2016 PACER
10	NOTICE by G. Clayton Grigg, James G. Kennedy, Steven Mabeus, Matthew G. Olsen, Christopher M. Piehota re 9 Consent MOTION for Extension of Time to File Answer until September 2, 2016Consent MOTION for Leave to File Excess Pages of Submission Without Argument (Sher, R.) (Entered: 08/30/2016)	Aug. 30, 2016	Aug. 30, 2016 PACER
11	ORDER granting 9 Motion for Extension of Time to Answer and Motion for Leave to File Excess Pages. Signed by Magistrate Judge John F. Anderson on 8/30/2016. (rban, ) (Entered: 08/30/2016)	Aug. 30, 2016	Aug. 30, 2016 PACER
12	MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by G. Clayton Grigg, James G. Kennedy, Steven Mabeus, Matthew G. Olsen, Christopher M. Piehota. (Attachments: # 1 Exhibit Fourth Circuit Opinion in Mohamed v. Holder)(Sher, R.) (Entered: 09/02/2016) 1 Exhibit Fourth Circuit Opinion in Mohamed v. Holder View on PACER	Sept. 2, 2016	Sept. 2, 2016 PACER
13	Memorandum in Support re 12 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by G. Clayton Grigg, James G. Kennedy, Steven Mabeus, Matthew G. Olsen, Christopher M. Piehota. (Sher, R.) (Entered: 09/02/2016)	Sept. 2, 2016	Sept. 2, 2016 PACER
14	SCHEDULING ORDER:Initial Pretrial Conference set for 9/28/2016 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Final Pretrial Conference set for 1/19/2017 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. Discovery due by 1/13/2017. Signed by District Judge Anthony J Trenga on 9/06/2016. (Attachments: # 1 magistrate consent, # 2 pretrial notice)(jall) (VACATED AND DISCOVERY STAYED PER ORDER OF AJT 09/21/16 Modified on 9/21/2016 to add text(pmil, ). (Entered: 09/06/2016) 1 magistrate consent View on PACER 2 pretrial notice View on PACER	Sept. 6, 2016	Sept. 6, 2016 PACER
	Notice of Correction	Sept. 6, 2016	Sept. 6, 2016 PACER
	Notice of Correction re: 12 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (pmil, )	Sept. 6, 2016	Sept. 6, 2016 PACER
15	Emergency MOTION to Vacate 14 Scheduling Order, by G. Clayton Grigg, James G. Kennedy, Steven Mabeus, Matthew G. Olsen, Christopher M. Piehota. (Attachments: # 1 Exhibit)(Sher, R.) (Entered: 09/15/2016) 1 Exhibit View on PACER	Sept. 15, 2016	Sept. 15, 2016 PACER
16	Memorandum in Support re 15 Emergency MOTION to Vacate 14 Scheduling Order, filed by G. Clayton Grigg, James G. Kennedy, Steven Mabeus, Matthew G. Olsen, Christopher M. Piehota. (Sher, R.) (Entered: 09/15/2016)	Sept. 15, 2016	Sept. 15, 2016 RECAP
17	MOTION to Vacate 12 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Osama Hussein Ahmed, Ahmad Ibrahim Al Halabi, Saleem Ali, Samir Anwar, Shahir Anwar, Michael Edmund Coleman, Anas Elhady, Murat Frljuckic, Wael Hakmeh, John Doe No. 1, John Doe No. 2, John Doe No. 3, Adnan Khalil Shaout. (Abbas, Gadeir) (Entered: 09/16/2016)	Sept. 16, 2016	Sept. 16, 2016 PACER
18	Waiver of re 17 MOTION to Vacate 12 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Oral Argument by Osama Hussein Ahmed, Ahmad Ibrahim Al Halabi, Saleem Ali, Samir Anwar, Shahir Anwar, Michael Edmund Coleman, Anas Elhady, Murat Frljuckic, Wael Hakmeh, John Doe No. 1, John Doe No. 2, John Doe No. 3, Adnan Khalil Shaout (Abbas, Gadeir) (Entered: 09/16/2016)	Sept. 16, 2016	Sept. 16, 2016 PACER
	Notice of Correction re: 17 MOTION to Vacate 12 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (pmil, )	Sept. 16, 2016	Sept. 16, 2016 PACER
	Notice of Correction re: 15 Emergency MOTION to Vacate 14 Scheduling Order, . The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (pmil, )	Sept. 16, 2016	Sept. 16, 2016 PACER
	Notice of Correction	Sept. 16, 2016	Sept. 16, 2016 PACER
19	NOTICE of Appearance by Lauren A. Wetzler on behalf of G. Clayton Grigg, James G. Kennedy, Steven Mabeus, Matthew G. Olsen, Christopher M. Piehota (Wetzler, Lauren) (Entered: 09/20/2016)	Sept. 20, 2016	Sept. 20, 2016 PACER
20	Notice of Hearing Date 09/30/2016 re 15 Emergency MOTION to Vacate 14 Scheduling Order,, 16 Memorandum in Support (Wetzler, Lauren) (Entered: 09/20/2016)	Sept. 20, 2016	Sept. 20, 2016 PACER
21	ORDER that the Court's 14 Scheduling Order be, and the same hereby is, VACATED, together with all scheduled conferences and deadlines referred to therein; and all discovery STAYED, pending further Order of the Court; the hearing on defts' Emergency Motion to Vacate the Scheduling Order, currently noticed by defts for 09/30/16 at 10:00 a.m. be, and the same hereby is, CANCELLED; on or before 09/23/16, pltfs file any amended complaint, in response to which deft shall answer, move or otherwise respond in accordance with the applicable rules. Signed by District Judge Anthony J Trenga on 09/21/16. (pmil, ) (Entered: 09/21/2016)	Sept. 21, 2016	Sept. 21, 2016 PACER
	Set Deadlines as to 15 Emergency MOTION to Vacate 14 Scheduling Order, . Motion Hearing set for 9/30/2016 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (klau, )	Sept. 21, 2016	Sept. 21, 2016 PACER
	Set Motion and R&R Deadlines/Hearings	Sept. 21, 2016	Sept. 21, 2016 PACER
22	AMENDED COMPLAINT against All Defendants, filed by Murat Frljuckic, John Doe No. 2, Michael Edmund Coleman, Samir Anwar, Anas Elhady, Adnan Khalil Shaout, John Doe No. 3, Shahir Anwar, Osama Hussein Ahmed, Wael Hakmeh, Saleem Ali, John Doe No. 1, Ahmad Ibrahim Al Halabi. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Abbas, Gadeir) (Entered: 09/23/2016) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER	Sept. 23, 2016	Sept. 23, 2016 Clearinghouse
23	Joint MOTION for Extension of Time to File Answer re 22 Amended Complaint, and to Establish a Briefing and Hearing Schedule for the Defendants' Anticipated Motion to Dismiss by James Comey, G. Clayton Grigg, James G. Kennedy, R. Gil Kerlikowske, Steven Mabeus, Peter Neffenger, Matthew G. Olsen, Christopher M. Piehota. (Sher, R.) (Entered: 10/07/2016)	Oct. 7, 2016	Oct. 7, 2016 PACER
24	ORDER that the parties' 23 Joint MOTION to Establish a Briefing and Hearing Schedule for the Defendants' Anticipated Motion to Dismiss be, and the same hereby is, GRANTED, together with all deadlines referred to therin. Signed by District Judge Anthony J Trenga on 10/11/16. (pmil, ) (Entered: 10/11/2016)	Oct. 11, 2016	Oct. 11, 2016 PACER
25	Consent MOTION for Leave to File Excess Pages by James Comey, G. Clayton Grigg, James G. Kennedy, R. Gil Kerlikowske, Steven Mabeus, Peter Neffenger, Matthew G. Olsen, Christopher M. Piehota. (Sher, R.) (Entered: 11/03/2016)	Nov. 3, 2016	Nov. 3, 2016 PACER
26	NOTICE by James Comey, G. Clayton Grigg, James G. Kennedy, R. Gil Kerlikowske, Steven Mabeus, Peter Neffenger, Matthew G. Olsen, Christopher M. Piehota re 25 Consent MOTION for Leave to File Excess Pages of Waiver of Oral Hearing (Sher, R.) (Entered: 11/03/2016)	Nov. 3, 2016	Nov. 3, 2016 PACER
27	ORDER - It is hereby ORDERED that Defendants' Consent Motion to File Excess Pages 25 be, and the same hereby is, GRANTED. Defendants' memorandum in support of their motion to dismiss is to be no longer than fi fly-five pages and Plaintiffs' response brief is to be no longer than fifty-five pages. Signed by District Judge Anthony J Trenga on 11/4/16. (gwalk, ) (Entered: 11/04/2016)	Nov. 4, 2016	Nov. 4, 2016 PACER
28	MOTION to Dismiss for Failure to State a Claim by James Comey, G. Clayton Grigg, James G. Kennedy, R. Gil Kerlikowske, Steven Mabeus, Peter Neffenger, Matthew G. Olsen, Christopher M. Piehota. (Attachments: # 1 Exhibit Unpublished Opinion in Mohamed v. Holder, # 2 Exhibit)(Sher, R.) (Entered: 11/04/2016) 1 Exhibit Unpublished Opinion in Mohamed v. Holder View on PACER 2 Exhibit View on PACER	Nov. 4, 2016	Nov. 4, 2016 PACER
29	Memorandum in Support re 28 MOTION to Dismiss for Failure to State a Claim filed by James Comey, G. Clayton Grigg, James G. Kennedy, R. Gil Kerlikowske, Steven Mabeus, Peter Neffenger, Matthew G. Olsen, Christopher M. Piehota. (Sher, R.) (Entered: 11/04/2016)	Nov. 4, 2016	Nov. 4, 2016 PACER
30	Notice of Hearing Date of Friday January 6, 2017 re 28 MOTION to Dismiss for Failure to State a Claim (Sher, R.) (Entered: 11/04/2016)	Nov. 4, 2016	Nov. 4, 2016 PACER
	Set Motion and R&R Deadlines/Hearings	Nov. 7, 2016	Nov. 7, 2016 PACER
	Set Deadlines as to 28 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 1/6/2017 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, )	Nov. 7, 2016	Nov. 7, 2016 PACER
31	RESPONSE in Opposition re 28 MOTION to Dismiss for Failure to State a Claim filed by Osama Hussein Ahmed, Ahmad Ibrahim Al Halabi, Saleem Ali, Mark Amri, Samir Anwar, Shahir Anwar, Ibrahim Awad, Baby Doe 2, Michael Edmund Coleman, Zuhair El-Shwehdi, Anas Elhady, Ausama Elhuzayel, Mahmoud Eraqi, Hassan Fares, Murat Frljuckic, Wael Hakmeh, John Doe No. 1, John Doe No. 2, John Doe No. 3, John Doe No. 4, Yaseen Kadura, Muhammad Yahya Khan, Adnan Khalil Shaout, Hassan Shibly, Donald Thomas. (Abbas, Gadeir) (Entered: 12/02/2016)	Dec. 2, 2016	Dec. 2, 2016 RECAP
32	MOTION for Protective Order and to Keep the Names of Unidentified Plaintiffs Under Seal by Osama Hussein Ahmed, Ahmad Ibrahim Al Halabi, Saleem Ali, Mark Amri, Samir Anwar, Shahir Anwar, Ibrahim Awad, Baby Doe 2, Michael Edmund Coleman, Zuhair El-Shwehdi, Anas Elhady, Ausama Elhuzayel, Mahmoud Eraqi, Hassan Fares, Murat Frljuckic, Wael Hakmeh, John Doe No. 1, John Doe No. 2, John Doe No. 3, John Doe No. 4, Yaseen Kadura, Muhammad Yahya Khan, Adnan Khalil Shaout, Hassan Shibly, Donald Thomas. (Abbas, Gadeir) (Entered: 12/02/2016)	Dec. 2, 2016	Dec. 2, 2016 PACER
33	Notice of Hearing Date set for 01/06/2017 re 32 MOTION for Protective Order and to Keep the Names of Unidentified Plaintiffs Under Seal (Abbas, Gadeir) (Entered: 12/05/2016)	Dec. 5, 2016	Dec. 5, 2016 PACER
	Set Motion and R&R Deadlines/Hearings	Dec. 5, 2016	Dec. 5, 2016 PACER
	MOTIONS REFERRED to Magistrate Judge: Anderson. 32 MOTION for Protective Order and to Keep the Names of Unidentified Plaintiffs Under Seal (dest, )	Dec. 5, 2016	Dec. 5, 2016 PACER
	Motions Referred	Dec. 5, 2016	Dec. 5, 2016 PACER
	Set Deadlines as to 32 MOTION for Protective Order and to Keep the Names of Unidentified Plaintiffs Under Seal. Motion Hearing set for 1/6/2017 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (dest, )	Dec. 5, 2016	Dec. 5, 2016 PACER
34	Consent MOTION for Leave to File Excess Pages by James Comey, G. Clayton Grigg, James G. Kennedy, R. Gil Kerlikowske, Steven Mabeus, Peter Neffenger, Matthew G. Olsen, Christopher M. Piehota. (Sher, R.) (Entered: 12/15/2016)	Dec. 15, 2016	Dec. 15, 2016 PACER
35	NOTICE by James Comey, G. Clayton Grigg, James G. Kennedy, R. Gil Kerlikowske, Steven Mabeus, Peter Neffenger, Matthew G. Olsen, Christopher M. Piehota re 34 Consent MOTION for Leave to File Excess Pages of Submission Without a Hearing (Sher, R.) (Entered: 12/15/2016)	Dec. 15, 2016	Dec. 15, 2016 PACER
36	ORDER granting 34 Consent Motion to File Excess Pages; Defts' reply brief shall be no longer than twenty-six pages and otherwise filed in accordance with applicable rules. Signed by District Judge Anthony J Trenga on 12/15/16. (pmil, ) (Entered: 12/16/2016)	Dec. 16, 2016	Dec. 16, 2016 PACER
37	REPLY to Response to Motion re 28 MOTION to Dismiss for Failure to State a Claim filed by James Comey, G. Clayton Grigg, James G. Kennedy, R. Gil Kerlikowske, Steven Mabeus, Peter Neffenger, Matthew G. Olsen, Christopher M. Piehota. (Sher, R.) (Entered: 12/16/2016)	Dec. 16, 2016	Dec. 16, 2016 PACER
38	Memorandum in Opposition re 32 MOTION for Protective Order and to Keep the Names of Unidentified Plaintiffs Under Seal filed by James Comey, G. Clayton Grigg, James G. Kennedy, R. Gil Kerlikowske, Steven Mabeus, Peter Neffenger, Matthew G. Olsen, Christopher M. Piehota. (Sher, R.) (Entered: 12/16/2016)	Dec. 16, 2016	Dec. 16, 2016 RECAP
39	REPLY to Response to Motion re 32 MOTION for Protective Order and to Keep the Names of Unidentified Plaintiffs Under Seal filed by Osama Hussein Ahmed, Ahmad Ibrahim Al Halabi, Saleem Ali, Mark Amri, Samir Anwar, Shahir Anwar, Ibrahim Awad, Baby Doe 2, Michael Edmund Coleman, Zuhair El-Shwehdi, Anas Elhady, Ausama Elhuzayel, Mahmoud Eraqi, Hassan Fares, Murat Frljuckic, Wael Hakmeh, John Doe No. 1, John Doe No. 2, John Doe No. 3, John Doe No. 4, Yaseen Kadura, Muhammad Yahya Khan, Adnan Khalil Shaout, Hassan Shibly, Donald Thomas. (Abbas, Gadeir) (Entered: 12/22/2016)	Dec. 22, 2016	Dec. 22, 2016 PACER
40	ORDER that the hearing on Defendants' Motion to Dismiss the Amended Complaint [Doc. No. 28), currently scheduled for Friday, January 6, 2017 at 10:00 a.m., be, and the same hereby is, CONTINUED to Friday, January 13, 2017 at 10:00 a.m.. Signed by District Judge Anthony J Trenga on 12/27/16. (klau, ) (Entered: 12/27/2016)	Dec. 27, 2016	Dec. 27, 2016 PACER
	Set Motion and R&R Deadlines/Hearings	Dec. 27, 2016	Dec. 27, 2016 PACER
	Reset Deadlines as to 28 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 1/13/2017 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (klau, )	Dec. 27, 2016	Dec. 27, 2016 PACER
41	ORDER - ORDERED that the hearing on the pending motion for a protective order (Docket no. 32) is also continued from January 6, 2017 to January 13, 2017. Counsel shall plan to present any argument on the motion for a protective order before the undersigned following the hearing on the motion to dismiss before the District Judge. Signed by Magistrate Judge John F. Anderson on 01/04/2017. (wgar, ) (Entered: 01/04/2017)	Jan. 4, 2017	Jan. 4, 2017 PACER
	Set Motion and R&R Deadlines/Hearings	Jan. 4, 2017	Jan. 4, 2017 PACER
	Reset Deadlines as to 32 MOTION for Protective Order and to Keep the Names of Unidentified Plaintiffs Under Seal. Motion Hearing reset for 1/13/2017 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (wgar, )	Jan. 4, 2017	Jan. 4, 2017 PACER
42	ORDER - The hearing on the pending motion for a protective order (Docket no. 32) to be heard before the undersigned is rescheduled from Friday, January 13, 2017 at 10:00 a.m. to 10:30 a.m. Signed by Magistrate Judge John F. Anderson on 01/12/2017. (wgar, ) (Entered: 01/12/2017)	Jan. 12, 2017	Jan. 12, 2017 PACER
43	NOTICE by Osama Hussein Ahmed, Ahmad Ibrahim Al Halabi, Saleem Ali, Mark Amri, Samir Anwar, Shahir Anwar, Ibrahim Awad, Baby Doe 2, Michael Edmund Coleman, Zuhair El-Shwehdi, Anas Elhady, Ausama Elhuzayel, Mahmoud Eraqi, Hassan Fares, Murat Frljuckic, Wael Hakmeh, John Doe No. 1, John Doe No. 2, John Doe No. 3, John Doe No. 4, Yaseen Kadura, Muhammad Yahya Khan, Adnan Khalil Shaout, Hassan Shibly, Donald Thomas (Abbas, Gadeir) (Entered: 01/12/2017)	Jan. 12, 2017	Jan. 12, 2017 PACER
	Set Motion and R&R Deadlines/Hearings	Jan. 12, 2017	Jan. 12, 2017 PACER
	Reset Deadlines as to 32 MOTION for Protective Order and to Keep the Names of Unidentified Plaintiffs Under Seal. Motion Hearing reset for 1/13/2017 at 10:30 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (wgar, )	Jan. 12, 2017	Jan. 12, 2017 PACER
44	Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Motion Hearing held on 1/13/2017 re 32 MOTION for Protective Order and to Keep the Names of Unidentified Plaintiffs Under Seal filed by Wael Hakmeh, Mark Amri, Shahir Anwar, Murat Frljuckic, Michael Edmund Coleman, Mahmoud Eraqi, Yaseen Kadura, Adnan Khalil Shaout, Donald Thomas, Ausama Elhuzayel, John Doe No. 2, Osama Hussein Ahmed, Ahmad Ibrahim Al Halabi, Baby Doe 2, Saleem Ali, Muhammad Yahya Khan, John Doe No. 1, Samir Anwar, Zuhair El-Shwehdi, John Doe No. 3, Hassan Fares, John Doe No. 4, Anas Elhady, Ibrahim Awad, Hassan Shibly. Appearances of counsel for plaintiffs and defendants. Motion for a protective order argued and GRANTED. Order to follow. (Tape #FTR.)(wgar, ) (Entered: 01/13/2017)	Jan. 13, 2017	Jan. 13, 2017 PACER
45	ORDER, for the reasons stated from the bench, granting 32 Motion for Protective Order for the pretrial proceedings in this case. ORDERED the Doe plaintiffs may proceed anonymously through the pretrial proceedings in this case, but shall provide defendants with their identities for use during this litigation. The defendants shall not disclose the identities of the Doe plaintiffs absent further Order of the Court. Signed by Magistrate Judge John F. Anderson on 01/13/2017. (wgar, ) (Entered: 01/13/2017)	Jan. 13, 2017	Jan. 13, 2017 PACER
46	Minute Entry for proceedings held before District Judge Anthony J Trenga:Motion Hearing held on 1/13/2017 re 28 MOTION to Dismiss for Failure to State a Claim filed by James G. Kennedy, James Comey, Steven Mabeus, R. Gil Kerlikowske, Matthew G. Olsen, Peter Neffenger, Christopher M. Piehota, G. Clayton Grigg. Appearances of Counsel for Pltf. and Deft.Motion argued and TAKEN UNDER ADVISEMENT.Order to follow.(Court Reporter R. Montgomery.)(jall) (Entered: 01/13/2017)	Jan. 13, 2017	Jan. 13, 2017 PACER
47	MEMORANDUM OPINION AND ORDER that Defts' 28 Motion to Dismiss the Amended Complaint be, and the same hereby is, GRANTED IN PART and DENIED IN PART; it is GRANTED as to Pltfs claims for a violation of substantive due process (Count III), the Equal Protection Clause (Count IV), and the non-delegation doctrine (Count V), and these claims are hereby DISMISSED; and it is otherwise denied (see Order for details). Signed by District Judge Anthony J Trenga on 09/05/17. (pmil, ) (Entered: 09/05/2017)	Sept. 5, 2017	Sept. 5, 2017 Clearinghouse
48	SCHEDULING ORDER:Initial Pretrial Conference set for 9/27/2017 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Final Pretrial Conference set for 1/18/2018 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. Discovery due by 1/12/2018.Signed by District Judge Anthony J Trenga on 9/05/2017. (Attachments: # 1 magistrate consent, # 2 pretrial notice)(jall) (Entered: 09/05/2017) 1 magistrate consent View on PACER 2 pretrial notice View on PACER	Sept. 5, 2017	Sept. 5, 2017 PACER
49	Consent MOTION for Extension of Time to File Answer by James Comey, G. Clayton Grigg, James G. Kennedy, R. Gil Kerlikowske, Steven Mabeus, Peter Neffenger, Matthew G. Olsen, Christopher M. Piehota. (Attachments: # 1 Proposed Order)(Wetzler, Lauren) (Entered: 09/15/2017) 1 Proposed Order View on PACER	Sept. 15, 2017	Sept. 15, 2017 PACER
50	ORDER granting 49 Motion for Extension of Time to Answer. ORDERED the Answer to the Amended Complaint will be due on or before October 4, 2017. NO FURTHER ENLARGEMENTS WILL BE GRANTED. Signed by Magistrate Judge John F. Anderson on 09/15/2017. (wgar, ) (Entered: 09/15/2017)	Sept. 15, 2017	Sept. 15, 2017 PACER
51	Joint Proposed Discovery Plan by James Comey, G. Clayton Grigg, James G. Kennedy, R. Gil Kerlikowske, Steven Mabeus, Peter Neffenger, Matthew G. Olsen, Christopher M. Piehota.(Wetzler, Lauren) (Entered: 09/20/2017)	Sept. 20, 2017	Sept. 20, 2017 PACER
52	Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Initial Pretrial Conference held on 9/27/2017. Appearances of counsel for plaintiffs and defendants. The scope of discovery issues requires briefing and oral argument. Discovery Plan approved in part. Order to issue. (wgar, ) (Entered: 09/27/2017)	Sept. 27, 2017	Sept. 27, 2017 PACER
53	Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: The Joint Discovery Plan filed by the parties is approved in part and shall control discovery to the extent of its application unless further modified by the court. Signed by Magistrate Judge John F. Anderson on 09/27/2017. SEE ORDER FOR FURTHER DETAILS. (wgar, ) (Entered: 09/27/2017)	Sept. 27, 2017	Sept. 27, 2017 PACER
54	ANSWER to Complaint by G. Clayton Grigg, James G. Kennedy, R. Gil Kerlikowske, Steven Mabeus, Peter Neffenger, Matthew G. Olsen, Christopher M. Piehota.(Wetzler, Lauren) (Entered: 10/04/2017)	Oct. 4, 2017	Oct. 4, 2017 PACER
55	MOTION for Protective Order by James Comey, G. Clayton Grigg, James G. Kennedy, R. Gil Kerlikowske, Steven Mabeus, Peter Neffenger, Matthew G. Olsen, Christopher M. Piehota. (Attachments: # 1 Proposed Order)(Wetzler, Lauren) (Entered: 10/20/2017) 1 Proposed Order View on PACER	Oct. 20, 2017	Oct. 20, 2017 PACER
56	Memorandum in Support re 55 MOTION for Protective Order filed by James Comey, G. Clayton Grigg, James G. Kennedy, R. Gil Kerlikowske, Steven Mabeus, Peter Neffenger, Matthew G. Olsen, Christopher M. Piehota. (Attachments: # 1 Exhibit All Exhibits)(Wetzler, Lauren) (Entered: 10/20/2017) 1 Exhibit All Exhibits View on PACER	Oct. 20, 2017	Oct. 20, 2017 PACER
57	Notice of Hearing Date set for 10/27/2017 re 55 MOTION for Protective Order (Wetzler, Lauren) (Entered: 10/20/2017)	Oct. 20, 2017	Oct. 20, 2017 PACER
	Motions Referred	Oct. 23, 2017	Oct. 23, 2017 PACER
	Set Motion and R&R Deadlines/Hearings	Oct. 23, 2017	Oct. 23, 2017 PACER
	MOTIONS REFERRED to Magistrate Judge: Anderson. 55 MOTION for Protective Order (clar, )	Oct. 23, 2017	Oct. 23, 2017 PACER
	Set Deadlines as to 55 MOTION for Protective Order . Motion Hearing set for 10/27/2017 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (clar, )	Oct. 23, 2017	Oct. 23, 2017 PACER
58	NOTICE by James Comey, G. Clayton Grigg, James G. Kennedy, R. Gil Kerlikowske, Steven Mabeus, Peter Neffenger, Matthew G. Olsen, Christopher M. Piehota (Substitution of Defendants) (Wetzler, Lauren) (Entered: 10/25/2017)	Oct. 25, 2017	Oct. 25, 2017 RECAP
59	RESPONSE in Opposition re 55 MOTION for Protective Order filed by Osama Hussein Ahmed, Ahmad Ibrahim Al Halabi, Saleem Ali, Mark Amri, Samir Anwar, Shahir Anwar, Ibrahim Awad, Baby Doe 2, Michael Edmund Coleman, Zuhair El-Shwehdi, Anas Elhady, Ausama Elhuzayel, Mahmoud Eraqi, Hassan Fares, Murat Frljuckic, Wael Hakmeh, John Doe No. 1, John Doe No. 2, John Doe No. 3, John Doe No. 4, Yaseen Kadura, Muhammad Yahya Khan, Adnan Khalil Shaout, Hassan Shibly, Donald Thomas. (Abbas, Gadeir) (Entered: 10/25/2017)	Oct. 25, 2017	Oct. 25, 2017 PACER
60	Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Motion Hearing held on 10/27/2017 re 55 MOTION for Protective Order filed by James G. Kennedy, James Comey, Steven Mabeus, R. Gil Kerlikowske, Matthew G. Olsen, Peter Neffenger, Christopher M. Piehota, G. Clayton Grigg. Appearances of counsel for plaintiffs and defendants. Motion argued and 55 MOTION for Protective Order - GRANTED IN PART/DENIED IN PART. Order to follow. (Tape #FTR.)(wgar, ) (Entered: 10/27/2017)	Oct. 27, 2017	Oct. 27, 2017 PACER
61	ORDER, for the reasons stated from the bench, granting in part and denying in part 55 Motion for Protective Order. ORDERED Defendants' motion is granted as to information underlying watchlisting determinations and information in defendants' possession regarding plaintiffs unrelated to watchlisting. Defendants' motion is denied as to plaintiffs' watchlist status and information regarding how broadly the watchlist is disseminated. Signed by Magistrate Judge John F. Anderson on 10/27/2017. (wgar, ) (Entered: 10/27/2017)	Oct. 27, 2017	Oct. 27, 2017 RECAP
62	TRANSCRIPT of motion hearing held on 10-27-2017 before Mag. Judge Anderson. Court reporter Norman Linnell, telephone number 703-549-4626. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/6/2017. Redacted Transcript Deadline set for 1/8/2018. Release of Transcript Restriction set for 2/5/2018.(linnell, norman) (Entered: 11/06/2017)	Nov. 6, 2017	Nov. 6, 2017 PACER
63	MOTION to Compel and for Extension of Discovery Deadlines by Osama Hussein Ahmed, Ahmad Ibrahim Al Halabi, Saleem Ali, Mark Amri, Samir Anwar, Shahir Anwar, Ibrahim Awad, Baby Doe 2, Michael Edmund Coleman, Zuhair El-Shwehdi, Anas Elhady, Ausama Elhuzayel, Mahmoud Eraqi, Hassan Fares, Murat Frljuckic, Wael Hakmeh, John Doe No. 1, John Doe No. 2, John Doe No. 3, John Doe No. 4, Yaseen Kadura, Muhammad Yahya Khan, Adnan Khalil Shaout, Hassan Shibly, Donald Thomas. (Abbas, Gadeir) (Entered: 11/10/2017)	Nov. 10, 2017	Nov. 10, 2017 PACER
64	Notice of Hearing Date re 63 MOTION to Compel and for Extension of Discovery Deadlines (Abbas, Gadeir) (Entered: 11/13/2017)	Nov. 13, 2017	Nov. 13, 2017 PACER
	Notice of Correction re 63 MOTION to Compel and for Extension of Discovery Deadlines. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (acha, )	Nov. 13, 2017	Nov. 13, 2017 PACER
	Notice of Correction	Nov. 13, 2017	Nov. 13, 2017 PACER
	Notice of Correction re 64 Notice of Hearing Date. The filing user has been notified to file an Amended Notice of Hearing Date, as the Notice of Hearing Date set an untimely hearing. (clar, )	Nov. 14, 2017	Nov. 14, 2017 PACER
	Set Deadlines as to 63 MOTION to Compel and for Extension of Discovery Deadlines. Motion Hearing set for 11/17/2017 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (Attorney has been notified to file an Amended Notice of Hearing for an appropriate Friday Docket - Filed Untimely) Deadlines Terminated (clar, )	Nov. 14, 2017	Nov. 14, 2017 PACER
	Set Motion and R&R Deadlines/Hearings	Nov. 14, 2017	Nov. 14, 2017 PACER
	MOTIONS REFERRED to Magistrate Judge: Anderson. 63 MOTION to Compel and for Extension of Discovery Deadlines (clar, )	Nov. 14, 2017	Nov. 14, 2017 PACER
	Motions Referred	Nov. 14, 2017	Nov. 14, 2017 PACER
	Notice of Correction	Nov. 14, 2017	Nov. 14, 2017 PACER
65	Opposition to 63 MOTION to Compel and for Extension of Discovery Deadlines filed by Kelli Ann Burriesci, Timothy P. Groh, Charles H. Kable, Kevin K. McAleenan, Deborah Moore, David Pekoske, Nicholas J. Rasmussen, Christopher Wray. (Attachments: # 1 Exhibit (All exhibits))(Wetzler, Lauren) (Entered: 11/21/2017) 1 Exhibit (All exhibits) View on PACER	Nov. 21, 2017	Nov. 21, 2017 PACER
66	Notice of Hearing Date set for 12/01/2017 re 63 MOTION to Compel and for Extension of Discovery Deadlines, Notice of Correction (Abbas, Gadeir) (Entered: 11/24/2017)	Nov. 24, 2017	Nov. 24, 2017 PACER
	Set Motion and R&R Deadlines/Hearings	Nov. 27, 2017	Nov. 27, 2017 PACER
	Reset Deadlines as to 63 MOTION to Compel and for Extension of Discovery Deadlines. Motion Hearing set for 12/1/2017 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (clar, )	Nov. 27, 2017	Nov. 27, 2017 PACER
67	Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Motion Hearing held on 12/1/2017 re 63 MOTION to Compel and for Extension of Discovery Deadlines filed by Wael Hakmeh, Mark Amri, Shahir Anwar, Murat Frljuckic, Michael Edmund Coleman, Mahmoud Eraqi, Yaseen Kadura, Adnan Khalil Shaout, Donald Thomas, Ausama Elhuzayel, John Doe No. 2, Osama Hussein Ahmed, Ahmad Ibrahim Al Halabi, Baby Doe 2, Saleem Ali, Muhammad Yahya Khan, John Doe No. 1, Samir Anwar, Zuhair El-Shwehdi, John Doe No. 3, Hassan Fares, John Doe No. 4, Anas Elhady, Ibrahim Awad, Hassan Shibly. Appearances of counsel for plaintiffs and defendants. Motion argued and 63 MOTION to Compel - GRANTED IN PART/DENIED IN PART. Discovery due 2/23/18. Initial Expert Disclosures due: 1/12/18, Rebuttal Expert Disclosures due: 2/9/18. Final Pretrial Conference set for 3/15/18 at 10:00 a.m. Parties request to notice a motion for Thursday, December 7, 2017 - GRANTED. Parties to notice motion for 12/7/17 at 11:00 a.m. Order to follow. (Tape #FTR.)(wgar, ) (Entered: 12/01/2017)	Dec. 1, 2017	Dec. 1, 2017 PACER