Case: Sampson v. Federal Republic of Germany

RECEIPT regarding payment of filing fee paid; on 9/26/96 in the amount of $ 120.00, receipt # 480798. (rmm)

COMPLAINT - Civil cover sheet - Appearance(s) pro se of Jacob Sampson ( original and 2 copies summons(es) issued.) ( Documents: 1-1 through 1-3) (rmm) (Entered: 09/27/1996)

SCHEDULE set on 12/5/96 by Hon. Ann C. Williams : Status hearing set to 9:30 a.m. 12/12/96 . Mailed notice (dl)

RESPONSE by plaintiff to first status hearingi (Attachment) (rmm) (Entered: 12/10/1996)

SCHEDULE set on 12/12/96 by Hon. Ann C. Williams : Status hearing held and continued to 9:00 a.m. 1/24/97 . No notice (dl)

MOTION by the Conference on Jewish to clarify or, in the alternative, extend the date for filing its answer or other response to the complaint ; Notice of motion (rmm) (Entered: 01/15/1997)

MOTION by plaintiff Jacob Sampson for an injunction order (rmm) (Entered: 01/03/1997)

MOTION by Fed Republic to clarify or, in the alternative to extend the date for responding to the complaint ; Notice of motion (rmm) (Entered: 01/15/1997)

MINUTE ORDER of 1/8/97 by Hon. Ann C. Williams : Plaintiff's motion for injunction order [3-1] and plaintiff's motion for default judgment, instanter [9-1] are denied. Conference of Jewish Material Claims against Germany, Inc.'s motion to clarify [8-1] is denied as moot and motion in the alternative, extend the date for filing its answer or other responses to the complaint [8-2] is granted. Germany's motion to clarify [7-1] is denied as moot and motion in the alternative, to extend the date for responding to the complaint [7-2] is granted. Defendants are given until 2/5/97 to file motions to dismiss. Plaintiff's response to motions to dismiss to file motions to dismiss. Plaintiff's response to motions to dismiss to be filed by 3/5/97. Replies due 3/19/97. Ruling to be made by mail on or before 4/18/97. Mailed notice (rmm) (Entered: 01/15/1997)

MOTION by plaintiff for default judgment, instanter against Fed Republic, Conference on Jewish (Attachments) (rmm) (Entered: 01/15/1997)

RULE 39 Affidavit of Paul Jordan Cherner (rmm) (Entered: 01/09/1997)

ATTORNEY APPEARANCE for unknown Conference on Jewish by Paul Jordan Cherner, Daniel A. Kaufman, Doug P. Dehler (rmm) (Entered: 01/09/1997)

RULE 39 letter mailed to Doug P. Dehler (rmm)

RULE 39 Affidavit of Daniel A. Kaufman (rmm) (Entered: 01/09/1997)

RULE 39 Affidavit of Doug P. Dehler (rmm) (Entered: 01/17/1997)

SCHEDULE set on 1/22/97 by Hon. Ann C. Williams : Status hearing set for 1/24/97 is stricken. Mailed notice (dl)

APPLICATION for leave to appear pro hac vice by Douglas P. Dehler for Conference on Jewish; Order entered granting leave by Ann C. Williams (rmm) (Entered: 01/29/1997)

MEMORANDUM by defendant Fed Republic in support of motion to dismiss for lack of subject matter jurisdiction [17-1] (Exhibits) (rmm) (Entered: 02/18/1997)

MOTION by defendant Fed Republic to dismiss for lack of subject matter jurisdiction ; Notice of motion (rmm) (Entered: 02/18/1997)

APPENDIX filed by Conference on Jewish material claims against Germany Inc.'s motion to dismiss the complaint [13-1] or, in the alternative, for summary judgment [13-2]; Notice of filing (1 volume) (rmm) (Entered: 02/11/1997)

12(M) Statement of material facts as to which there are no genuine issues and that entitle it to a judgment as a matter of law by The Conference on Jewish Material Claims Against Germany, Inc.; Notice of filing. (dmkf) (Entered: 02/06/1997)

MEMORANDUM by in support of motion to dismiss [13-1] or, in the alternative, for summary judgment [13-2]. (dmkf) Modified on 02/06/1997 (Entered: 02/06/1997)

MOTION by The Conference on Jewish Material Claims against Germany Inc.'s to dismiss the complaint, or, in the alternative for summary judgment . (dmkf) (Entered: 02/06/1997)

MOTION by plaintiff Jacob Sampson for sanctions for non-compliance with rules, defiance of court order and frivolous motion ; Notice of filing (rmm) (Entered: 02/18/1997)

ATTORNEY APPEARANCE for defendant Fed Republic by Michael D. McCormick with rule 39 affidavit (rmm) (Entered: 02/18/1997)

MINUTE ORDER of 2/12/97 by Hon. Ann C. Williams : Plaintiff's Denying motion for sanctions for non-compliance with rules, of court order and frivolous motion [19-1] and supplement to motion for sanctions, instanter [20-1] are denied for the reasons stated in open court. Defendant, Federal Republic of Gremany's oral motion for leave to file appearance instanter of Michael D. McCormick [0-1] is granted. Briefing schedule on defendants motions to dismiss for lack of subject matter jurisdiction [17-1] to dismiss the complaint [13-1] to stand. Plaintiff is instructed to file response to motions to dismiss on 3/5/97. Replies to be filed on 3/19/97. Mailed notice (rmm) (Entered: 02/18/1997)

ORAL MOTION by defendant Fed Republic for leave to file appearance instanter of Michael D. McCormick (rmm)

SUPPLEMENT by plaintiff to motion for sanctions for non-compliance with rules, defiance of court order and frivolous motion, instanter [19-1] (Attachments); Notice of filing (rmm) (Entered: 02/18/1997)

MOTION by plaintiff for extension of time to file response to motion to dismiss ; Notice of motion (rmm) (Entered: 02/27/1997)

ACKNOWLEDGEMENT of receipt of short record on appeal USCA 97-1323 (Attachment) (rmm) (Entered: 02/19/1997)

SUBPOENA (2 originals and 2 copies) issued as to: Daniel Kaufman and Michael D. McCormick (rmm)

MINUTE ORDER of 2/26/97 by Hon. Ann C. Williams : Plaintiff's motion for extension of time to file response to motion to dismiss [24-1] is entered and continued to 9:30 a.m. on 3/19/97. The court will not delay briefing because of plantiff's pending petition for writ of Mandamus. Mailed notice (rmm) (Entered: 02/27/1997)

CERTIFIED copy of Order from the Seventh Circuit. ( 97-1323) (rmm) (Entered: 03/03/1997)

MINUTE ORDER of 2/28/97 by Hon. Ann C. Williams : Order entered 2/26/97 is amended to include the following: Briefing schedule on defendants motions to dismiss is stayed. The court will address the briefing schedule on 3/19/97. Mailed notice (rmm) (Entered: 03/03/1997)

MOTION by The Conference on Jewish Material Claims against Germany, Inc's for protective order (Exhibits) (fce) (Entered: 03/11/1997)

MEMORANDUM of points and authorities by defendant Fed Republic in support of motion for a protective order [29-1] (Exhibits) (rmm) (Entered: 03/12/1997)

MOTION by defendant Fed Republic for a protective order (Exhibits); (rmm) (Entered: 03/12/1997)

TRANSCRIPT of proceedings for the following date(s): 2/12/97 before Honorable Ann C. Williams (rmm) (Entered: 03/13/1997)

RESPONSE by plaintiff to defendants' motions for protective order [28-1], [29-1] (Attachments); Notice of filing (rmm) (Entered: 03/17/1997)

MINUTE ORDER of 3/19/97 by Hon. Ann C. Williams : Granting plaintiff's motion for extension of time to file response to motion to dismiss [24-1]. Plaintiff to file a response to defendant Conference on Jewish Materal Claims against Germany Inc.'s motion to dismiss the complaint [13-1], or in the alternative, for summary judgment [13-2] and to defendant Federal Republic's motion to dismiss for lack of subject matter jurisdiction [17-1] on 4/18/97. Defendants to file replies on 5/5/97. Ruling on defendants motions to dismiss to be made by mail. Next date, if any to be set with said ruling. The court will rule on defendants motions for protective order [17-1] [29-1] by mail on or before 3/21/97. Mailed notice (rmm) (Entered: 03/21/1997)

MINUTE ORDER of 3/27/97 by Hon. Ann C. Williams : Defendant Federal Republic of Germany's motion for a protective order [29-1] is granted. Defendant Claims Conference's motion for protective order [28-1] is also granted. (See reverse of minute order.) Mailed notice (rmm) (Entered: 03/28/1997)

MOTION by plaintiff for reconsideration of court's order of 3/27/97 ; Notice of filing (rmm) (Entered: 04/09/1997)

MOTION by plaintiff for leave to amend complaint ; Notice of motion (rmm) (Entered: 04/15/1997)

MINUTE ORDER of 4/9/97 by Hon. Ann C. Williams : Status hearing set for 9:30 on 4/30/97. Plaintiff's motion for leave to amend complaint [36-1] is entered and continued to 9:30 on 4/30/97. Plaintiff to serve its response to defendants' motion to dismiss the complaint [13-1], motion to dismiss for lack of subject matter jurisdiction [17-1] on 4/18/97. Defendants to file their replies on 4/25/97. Plaintiff's motion for reconsideration of court's order of 3/27/97 [35-1] is denied. Mailed notice (rmm) (Entered: 04/15/1997)

RESPONSE by plaintiff to motion to dismiss the complaint [13-1]; Notice of filing (fce) (Entered: 04/21/1997)

RESPONSE by plaintiff to motion to dismiss for lack of subject matter jurisdiction [17-1] (fce) (Entered: 04/21/1997)

REPLY memorandum by Conference on Jewish in support of its motion to dismiss the complaint [13-1] or, in the alternative, for summary judgment [13-2]; Notice of filing (fce) (Entered: 04/29/1997)

REPLY by defendant Fed Republic to response to motion to dismiss (fce) (Entered: 04/29/1997)

MOTION by plaintiff for leave to file simplification of issues (Attachment); Notice of motion (fce) (Entered: 05/01/1997)

MINUTE ORDER of 4/30/97 by Hon. Ann C. Williams : Status hearing held. Plaintiff's motion for leave to file simplification of issues [42-1] and motion for leave to amend complaint [36-1] are denied for the reasons stated in open court. The court will proceed to rule on defendants motions to dismiss or for summary judgment. Ruling to be made by mail. Mailed notice (fce) (Entered: 05/01/1997)

SECOND MOTION by plaintiff Jacob Sampson for sanctions (Attachment); Notice of motion (rmm) (Entered: 05/12/1997)

MINUTE ORDER of 5/7/97 by Hon. Ann C. Williams : Denying plaintiff's second motion for sanctions [45-1]. Mailed notice (rmm) (Entered: 05/12/1997)

TRANSCRIPT of proceedings for the following date(s): 4/30/97 before Honorable Ann C. Williams (rmm) (Entered: 05/09/1997)

MOTION by plaintiff for basis of ruling (Attachments); Notice of motion. (mak) (Entered: 05/21/1997)

MINUTE ORDER of 5/15/97 by Hon. Ann C. Williams : Granting plaintiff's motion for basis of ruling [48-1]. Plaintiff is given until 05/30/97 to file an amended complaint with brief and/or attachments. Defendant Federal Republic of Germany is given leave to file additional appearance. Mailed notice (mak) (Entered: 05/21/1997)

ATTORNEY APPEARANCE for defendant Fed Republic by Stephen O'Donnell (rmm) (Entered: 05/16/1997)

MOTION by plaintiff for disqualification (Attachment); Notice of motion. (mak) (Entered: 05/22/1997)

ORAL MOTION by defendant, Conference on Jewish Material Claims against Germany for leave to file additional appearance of Adam C. Smedstad (mak) Modified on 05/22/1997

SUPPLEMENT by plaintiff to motion for disqualification, instanter [51-1] ; Notice of filing. (mak) (Entered: 05/23/1997)

ATTORNEY APPEARANCE for unknown Conference on Jewish by Adam Carl Smedstad (mak) (Entered: 05/22/1997)

MINUTE ORDER of 5/21/97 by Hon. Ann C. Williams : Denying plaintiff's motion for disqualification [51-1] for the reasons stated in open court. Defendant, Conference on Jewish Material Claims against Germany, Inc's oral motion for leave to file additional appearance, instanter is granted [01-1]. Plaintiff's request for jury trial is taken under advisement until after the court's ruling on defendants' motions to dismiss. Next date to be set with the court's ruling on defendants' motions to dismiss. Mailed notice (mak) (Entered: 05/22/1997)

NOTICE of filing appearance by plaintiff (Attachment) (mak) (Entered: 05/22/1997)

TRANSCRIPT of proceedings for the following date(s): 5/15/97 and 5/21/97 Before Honorable Ann C. Williams (2 vols. #55-1 through 55-2). (fce) (Entered: 05/30/1997)

MEMORANDUM by plaintiff in support of amended complaint for declaratory judgment [56-1] (Attachments) (Exhibits) (yap) (Entered: 06/02/1997)

AMENDED COMPLAINT for declaratory judgment [1-1] by plaintiff; jury demand terminating unknown Conference on Jewish; Notice of filing (yap) (Entered: 06/02/1997)

RESPONSE Germany to the amended complaint by defendant (Exhibit) (mak) (Entered: 06/24/1997)

MOTION by defendant to dismiss amended complaint for lack of jurisdiction ; Notice of motion. (mak) (Entered: 06/24/1997)

MOTION by defendant Claims Conference to dismiss plaintiff's amended complaint or, in the alternative for entry of summary judgment (Attachment); Notice of motion. (mak) (Entered: 06/24/1997)

MINUTE ORDER of 6/18/97 by Hon. Marvin E. Aspen : Under the appropriate rules of procedure, motions for recusal (disqualificaiton) must be decided by the presiding judge, in this case, Judge Ann C. Williams. Any relief from Judge Williams' decision on the motion for recusal must come from the Circuit Court of Appeals. Because of our lack of jurisdiction as described above, we must deny your motion for intervention [58-1]. It is so ordered. Mailed notice (mak) (Entered: 06/23/1997)

MOTION by plaintiff for intervention to Chief Judge Marvin E. Aspen (Attachments) (mak) (Entered: 06/23/1997)

MINUTE ORDER of 6/19/97 by Hon. Ann C. Williams : Plaintiff to file its response to defendant Federal Republic of German's motion to dismiss amended complaint [60-1] and defendant Conference of Jewish Material Claims against Germany Inc's motion to dismiss plaintiff's amended complaint [61-1] or in the alternative, for entry of summary judgment [61-2] on 07/18/97. Defendants to file their reply on 08/01/97. Ruling on foregoing motions to be made by mail. Mailed notice (mak) (Entered: 06/24/1997)

TRANSCRIPT of proceedings for the following date(s): 6/19/97 Before Honorable Ann C. Williams (fce) (Entered: 07/01/1997)

RESPONSE by plaintiff to defendants' motions to dismiss plaintiff's amended complaint [61-1], for entry of summary judgment [61-2], to dismiss amended complaint for lack of jurisdiction [60-1], to dismiss the complaint [13-1], for summary judgment [13-2], to dismiss for lack of subject matter jurisdiction [17-1] (Attachment); Notice of filing. (mak) (Entered: 07/18/1997)

REPLY by Conference on Jewish against Germany Inc's reply to the response to its motion to dismiss amended complaint [13-1] or, in the alternative for entry of summary judgment [13-2]; Notice of filing. (mak) (Entered: 08/04/1997)

MINUTE ORDER of 8/28/97 by Hon. Ann C. Williams : Defendants Federal Republic of Germany and the Claims Conference on Jewish Material Claims against Germany's motions to dismiss plaintiff Jacob Sampson's original complaint and amended complaint are granted [13-1,13-2,17-1,60-1,61-1,61-2]. terminating case Memorandum Opinion and Order to follow. Mailed notice (mak) (Entered: 08/29/1997)

ENTERED JUDGMENT (fce) (Entered: 09/12/1997)

MINUTE ORDER of 9/10/97 by Hon. Ann C. Williams : Pursuant to memorandum opinion and order, defendants' motions to dismiss plaintiff's original complaint and amended complaint are granted. Mailed notice (fce) (Entered: 09/12/1997)

MEMORANDUM, OPINION, AND ORDER (fce) (Entered: 09/12/1997)

MOTION by plaintiff to alter or to amend judgment ; Notice of motion. (mak) (Entered: 09/30/1997)

MINUTE ORDER of 9/26/97 by Hon. Ann C. Williams : Plaintiff's motion to alter [71-1] or motion to amend judgment denied [71-2] for reasons stated in open court. Mailed notice (mak) (Entered: 09/30/1997)

DOCKETING STATEMENT by plaintiff Jacob Sampson regarding appeal [73-1] . (fce) (Entered: 10/10/1997)

NOTICE OF APPEAL by plaintiff Jacob Sampson from motion minute order [72-1], from motion minute order [69-1], from order [68-1], from judgment entered [70-1] ( $105.00 PAID); Notice of filing. (fce) (Entered: 10/10/1997)

TRANSMITTED to the 7th Circuit the short record on appeal . Mailed notice to all counsel. (fce)

MOTION by plaintiff to rectify civil docket ; Notice of motion. (mak) (Entered: 11/04/1997)

ACKNOWLEDGEMENT of receipt of short record on appeal USCA 97-3555 (Attachments) (mak) (Entered: 10/20/1997)

TRANSCRIPT of proceedings for the following date(s): 09/26/97 Before Honorable Ann C. Williams 09/26/97 (One volume) (Temporarily unavailable for docketing.) (mak) Modified on 11/04/1997 (Entered: 11/04/1997)

SEVENTH CIRCUIT transcript information sheet by plaintiff (Temporarily unavailable for docketing.) (mak) (Entered: 11/04/1997)

NOTICE by defendant Fed Republic of change of address of counsel and law firm affiliation (Temporarily unavailable for docketing.) (mak) (Entered: 11/04/1997)

TRANSMITTED to the 7th Circuit the long record on appeal no. 97-3555 consisting two volumes of pleadings, five volumes of transcripts (item # 31, 44, 55-1, 55-2 & 64) of Mailed notice to all counsel. (fce)

TRANSMITTED to the 7th Circuit the long record on appeal no. 97-3555 consisting of Mailed notice to all counsel. (fce)

MINUTE ORDER of 10/29/97 by Hon. Ann C. Williams : Plaintiff's motion to rectify civil docket is denied [79-1] for the reasons stated in open court. Mailed notice (mak) (Entered: 11/04/1997)

MOTION by plaintiff to rectify civil docket ; (jmp) (Entered: 11/06/1997)

PETITION by Jacob Sampson to rectify record on appeal ; Notice of filing (jmp) (Entered: 11/06/1997)

TRANSCRIPT of proceedings for the following date(s): 10/29/97. Before Honorable Ann C. Williams. (jmp) (Entered: 11/05/1997)

TRANSMITTED to the 7th Circuit supplement to appeal no. 97-3555 consisting of One volume of pleadings and Two volumes of Transcripts (09/26/97 and 10/29/97). Mailed notice to all counsel. (mak)

CERTIFIED MAIL RETURN RECEIPTS for Section 1451(g) notices to Pension Benefit Guaranty Corporation, Secretary of Treasury, and Receipt for notice ot Secretary of Labor (Attachments). (tlm) (Entered: 11/19/1997)

COPY OF ORDER from the 7th Circuit. It is ordered that attorney Sawyier is appointed as amicus curiae to assist defendant-appellant Jacob Sampson in this appeal. In addition to any other issues counsel deems appropriate. It is further ordered that this appeal shall be set for oral argument upon completion of briefing. (97-3555). (srb) (Entered: 12/28/1999)

COPY of Order from the 7th Circuit. It is ordered that the moiton is denied. Attorney Howard Eisenberg, Dean of the Marquette University Law School, has been apointed as amicus in this appeal. (97-3555) (fce) (Entered: 02/14/2000)

COPY of Order from the 7th Circuit. It is ordered that Dean Howard B. Eisenberg, Marquette University Law School, P.O. Box 1476, Milwaukee, WI is appointed as amicus curiae to assist plaintiff-appellant Jacob Sampson in this appeal. In additiona to any other issued counsel deems appropriate, counsel is invited to brief and argue the following issue: Whether the federal courts have subject matter urisidiction to consider Mr. Sampson's claims against the Federal Republic of Germany, and in particular, whether Germany's wartime violations of fundamental human rights norms fall within the implied waiver exception of the Foreign Sovereign Immunities Act. (97-3555) (fce) (Entered: 02/14/2000)

CERTIFIED COPY of order from the 7th Circuit: Affirming the decision of the District Court [73-1] . ( 97-3555) (las) (Entered: 06/15/2001)