Case: Burnley v. United States

1:26-cv-10364 | U.S. District Court for the District of Massachusetts

Filed Date: Jan. 27, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This suit challenges the extrajudicial killing of two individuals fishing in the waters off the coast of Venezuela in a United States missile strike made without congressional approval. On October 14, 2025, the United States government launched a missile strike against a boat carrying six people traveling from Venezuela to Trinidad. The strike killed all six passengers, including Chad Joseph and Rishi Samaroo, two Trinidadian nationals who were fishing in waters off the Venezuelan coast and ret…

This suit challenges the extrajudicial killing of two individuals fishing in the waters off the coast of Venezuela in a United States missile strike made without congressional approval.

On October 14, 2025, the United States government launched a missile strike against a boat carrying six people traveling from Venezuela to Trinidad. The strike killed all six passengers, including Chad Joseph and Rishi Samaroo, two Trinidadian nationals who were fishing in waters off the Venezuelan coast and returning to their homes in nearby Trinidad and Tobago.

The strike was part of a U.S. military campaign against small boats in the Caribbean and eastern Pacific Ocean. The campaign has launched 36 strikes and killed an estimated 125 people, without congressional approval. The United States has defended these strikes as part of a non-international armed conflict supposedly involving the United States and unspecified “drug cartels.” 

The family members of Chad Joseph and Rishi Samaroo brought this suit in the U.S. District Court for the District of Massachusetts against the United States of America on January 27, 2026. They alleged that the “United States’ unlawful killings of persons at sea, including Mr. Joseph and Mr. Samaroo, constitute wrongful deaths and extrajudicial killings as recognized by two federal statutes that entitle their survivors to compensation and redress”: the Death on the High Seas Act (“DOHSA”) and the Alien Tort Statute (“ATS”). They also alleged tort claims under general admiralty and maritime law. The Plaintiffs sought pecuniary, compensatory, and punitive damages. The case was assigned to Judge Leo Theodore Sorokin.

In their complaint, the Plaintiffs argued that the “United States’ killings of people aboard boats in the Caribbean through missile strikes are wrongful and violate international law regardless of which international legal regime applies.” First, there is “no non-international armed conflict with the drug cartels purportedly targeted in the strikes (and no evidence that the boats targeted are associated with cartels).” And second, “even if there were a non-international armed conflict between the United States and drug cartels (and even if there were evidence that the boats targeted were associated with the cartels), the strikes would constitute war crimes under the laws of war and federal law.”

On January 28, 2026, Magistrate Judge Paul G. Levenson recused himself from the case pursuant to 28 USC § 455.

This case is ongoing.

Summary Authors

Madena Mustafa (2/25/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72191479/parties/burnley-v-united-states/


Judge(s)

Sorokin, Leo Theodore (Massachusetts)

Attorney for Plaintiff

Rossman, Jessie J. (Massachusetts)

Schlossberg, Suzanne (Massachusetts)

Documents in the Clearinghouse

Documents in this case
1

1:26-cv-10364

Complaint

Burnley et al. v. United States of America

Jan. 27, 2026

Jan. 27, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72191479/burnley-v-united-states/

Last updated Sept. 26, 2026, 3:41 a.m.

Docket for: Burnley v. United States
ECF Number Date Description Link
1 Jan. 27, 2026

COMPLAINT in Admiralty against All Defendants Filing fee: $ 405, receipt number AMADC-11500742 (Fee Status: Filing Fee paid), filed by Lenore Burnley, Sallycar Korasingh. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Rossman, Jessie) (Entered: 01/27/2026)

1 Civil Cover Sheet

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2 Category Form

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Clearinghouse
2 Jan. 27, 2026

NOTICE of Case Assignment. Magistrate Judge Paul G. Levenson assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are required to submit a form indicating whether the parties consent to proceed before a U.S. Magistrate Judge. The submission of the form is mandatory. Completed forms shall be filed promptly. The parties are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 10-01, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (JKK) (Entered: 01/27/2026)

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3 Jan. 27, 2026

Summons Issued as to United States of America. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (CEH) (Entered: 01/27/2026)

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4 Jan. 27, 2026

NOTICE of Appearance by Jessie J. Rossman on behalf of Lenore Burnley, Sallycar Korasingh (Rossman, Jessie) Modified on 1/27/2026 due to being entered in error. See entry 5 (CEH). (Entered: 01/27/2026)

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5 Jan. 27, 2026

NOTICE of Appearance by Suzanne Schlossberg on behalf of Lenore Burnley, Sallycar Korasingh (Schlossberg, Suzanne) (Entered: 01/27/2026)

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Jan. 27, 2026

Notice of Case Assignment to a Magistrate Judge

Jan. 27, 2026

Notice of Appearance

6 Jan. 28, 2026

Magistrate Judge Paul G. Levenson: ORDER entered. ORDER OF RECUSAL.(JL) (Entered: 01/28/2026)

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7 Jan. 28, 2026

ELECTRONIC NOTICE of Case Reassignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (LBO) (Entered: 01/28/2026)

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Jan. 28, 2026

Notice of Case Assignment

8 Feb. 10, 2026

AFFIDAVIT OF SERVICE Executed by Lenore Burnley, Sallycar Korasingh. United States of America served on 2/10/2026, answer due 3/3/2026. Acknowledgement filed by Lenore Burnley; Sallycar Korasingh. (Attachments: # 1 Exhibit A)(Rossman, Jessie) (Entered: 02/10/2026)

1 Exhibit A

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9 March 27, 2026

NOTICE of Appearance by Thomas M. Brown on behalf of United States of America (Brown, Thomas) (Entered: 03/27/2026)

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10 March 27, 2026

Joint MOTION for Order to Establish a Briefing Schedule and for Leave to File Excess Pages by United States of America.(Brown, Thomas) (Entered: 03/27/2026)

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11 March 30, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 10 Joint MOTION for Order to Establish a Briefing Schedule and for Leave to File Excess Pages.ALLOWED. Defendant's Motion to Dismiss due by June 5, 2026, up to 40 pages;Plaintiffs' Opposition due by July 2, 2026, up to 40 pages;Defendant's Reply due by July 16, 2026, up to 10 pages. (FGD) (Entered: 03/30/2026)

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March 30, 2026

Order on Motion for Order

12 April 21, 2026

MOTION for Leave to Appear Pro Hac Vice for admission of Jeffrey Stein Filing fee: $ 125, receipt number AMADC-11691436 by Lenore Burnley, Sallycar Korasingh. (Attachments: # 1 Exhibit A)(Schlossberg, Suzanne) (Entered: 04/21/2026)

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13 April 21, 2026

MOTION for Leave to Appear Pro Hac Vice for admission of Maria LaHood Filing fee: $ 125, receipt number AMADC-11691470 by Lenore Burnley, Sallycar Korasingh. (Attachments: # 1 Exhibit A)(Schlossberg, Suzanne) (Entered: 04/21/2026)

1 Exhibit A

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14 April 21, 2026

MOTION for Leave to Appear Pro Hac Vice for admission of Ayla Kadah Filing fee: $ 125, receipt number AMADC-11691491 by Lenore Burnley, Sallycar Korasingh. (Attachments: # 1 Exhibit A)(Schlossberg, Suzanne) (Entered: 04/21/2026)

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15 April 21, 2026

MOTION for Leave to Appear Pro Hac Vice for admission of Steven M. Watt Filing fee: $ 125, receipt number AMADC-11691516 by Lenore Burnley, Sallycar Korasingh. (Attachments: # 1 Exhibit A)(Schlossberg, Suzanne) (Entered: 04/21/2026)

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16 April 21, 2026

MOTION for Leave to Appear Pro Hac Vice for admission of Jonathan Hafetz Filing fee: $ 125, receipt number AMADC-11691548 by Lenore Burnley, Sallycar Korasingh. (Attachments: # 1 Exhibit A)(Schlossberg, Suzanne) (Entered: 04/21/2026)

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17 April 21, 2026

MOTION for Leave to Appear Pro Hac Vice for admission of Brett Max Kaufman Filing fee: $ 125, receipt number AMADC-11691573 by Lenore Burnley, Sallycar Korasingh. (Attachments: # 1 Exhibit A)(Schlossberg, Suzanne) (Entered: 04/21/2026)

1 Exhibit A

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18 April 21, 2026

MOTION for Leave to Appear Pro Hac Vice for admission of Baher Azmy Filing fee: $ 125, receipt number AMADC-11691596 by Lenore Burnley, Sallycar Korasingh. (Attachments: # 1 Exhibit A)(Schlossberg, Suzanne) (Entered: 04/21/2026)

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19 April 21, 2026

MOTION for Leave to Appear Pro Hac Vice for admission of Ben Wizner Filing fee: $ 125, receipt number AMADC-11691633 by Lenore Burnley, Sallycar Korasingh. (Attachments: # 1 Exhibit A)(Schlossberg, Suzanne) (Entered: 04/21/2026)

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20 April 21, 2026

MOTION for Leave to Appear Pro Hac Vice for admission of Angelo Guisado Filing fee: $ 125, receipt number AMADC-11691661 by Lenore Burnley, Sallycar Korasingh. (Attachments: # 1 Exhibit A)(Schlossberg, Suzanne) (Entered: 04/21/2026)

1 Exhibit A

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21 April 21, 2026

MOTION for Leave to Appear Pro Hac Vice for admission of Hina Shamsi Filing fee: $ 125, receipt number AMADC-11691698 by Lenore Burnley, Sallycar Korasingh. (Attachments: # 1 Exhibit A)(Schlossberg, Suzanne) (Entered: 04/21/2026)

1 Exhibit A

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22 April 21, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 12 Motion for Leave to Appear Pro Hac Vice Added Jeffrey Stein. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 04/21/2026)

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23 April 21, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 13 Motion for Leave to Appear Pro Hac Vice Added Maria LaHood. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 04/21/2026)

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24 April 21, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 14 Motion for Leave to Appear Pro Hac Vice Added Ayla Kadah. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 04/21/2026)

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25 April 21, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 15 Motion for Leave to Appear Pro Hac Vice Added Steven M. Watt. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 04/21/2026)

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26 April 21, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 16 Motion for Leave to Appear Pro Hac Vice Added Jonathan Hafetz. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 04/21/2026)

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27 April 21, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 17 Motion for Leave to Appear Pro Hac Vice Added Brett Max Kaufman. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 04/21/2026)

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28 April 21, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 18 Motion for Leave to Appear Pro Hac Vice Added Baher Azmy. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 04/21/2026)

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29 April 21, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 19 Motion for Leave to Appear Pro Hac Vice Added Ben Wizner. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 04/21/2026)

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30 April 21, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 20 Motion for Leave to Appear Pro Hac Vice Added Angelo Guisado. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 04/21/2026)

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31 April 21, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 21 Motion for Leave to Appear Pro Hac Vice Added Hina Shamsi. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 04/21/2026)

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April 21, 2026

Order on Motion for Leave to Appear

32 April 22, 2026

NOTICE of Appearance by Maria LaHood on behalf of Lenore Burnley, Sallycar Korasingh (LaHood, Maria) (Entered: 04/22/2026)

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33 April 22, 2026

NOTICE of Appearance by Brett Max Kaufman on behalf of Lenore Burnley, Sallycar Korasingh (Kaufman, Brett) (Entered: 04/22/2026)

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34 April 22, 2026

NOTICE of Appearance by Hina Shamsi on behalf of Lenore Burnley, Sallycar Korasingh (Shamsi, Hina) (Entered: 04/22/2026)

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35 April 22, 2026

NOTICE of Appearance by Jeffrey Stein on behalf of Lenore Burnley, Sallycar Korasingh (Stein, Jeffrey) (Entered: 04/22/2026)

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36 April 22, 2026

NOTICE of Appearance by Ben Wizner on behalf of Lenore Burnley, Sallycar Korasingh (Wizner, Ben) (Entered: 04/22/2026)

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37 April 22, 2026

NOTICE of Appearance by Steven Macpherson Watt on behalf of Lenore Burnley, Sallycar Korasingh (Watt, Steven) (Entered: 04/22/2026)

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38 April 23, 2026

NOTICE of Appearance by Jonathan Hafetz on behalf of Lenore Burnley, Sallycar Korasingh (Hafetz, Jonathan) (Entered: 04/23/2026)

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39 April 28, 2026

NOTICE of Appearance by Ayla Kadah on behalf of Lenore Burnley, Sallycar Korasingh (Kadah, Ayla) (Entered: 04/28/2026)

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40 June 3, 2026

NOTICE of Appearance by Richard Gordon Winstead Ingebretsen on behalf of United States of America (Ingebretsen, Richard) (Entered: 06/03/2026)

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41 June 5, 2026

MOTION to Dismiss for Lack of Jurisdiction, Improper Venue, and Failure to State a Claim by United States of America.(Ingebretsen, Richard) (Entered: 06/05/2026)

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42 June 5, 2026

MEMORANDUM in Support re 41 MOTION to Dismiss for Lack of Jurisdiction, Improper Venue, and Failure to State a Claim filed by United States of America. (Ingebretsen, Richard) (Entered: 06/05/2026)

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43 June 10, 2026

MOTION to Withdraw as Attorney by United States of America.(Brown, Thomas) (Entered: 06/10/2026)

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44 June 12, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 43 MOTION to Withdraw as Attorney. ALLOWED. Attorney Thomas M. Brown terminated. (SED) (Entered: 06/12/2026)

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June 12, 2026

Order on Motion to Withdraw as Attorney

45 June 26, 2026

AMENDED COMPLAINT against All Defendants, filed by Lenore Burnley, Sallycar Korasingh.(Rossman, Jessie) (Entered: 06/26/2026)

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46 June 29, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered:By July 1, 2026, the parties shall file a status report in which they state their joint or separate positions as to what, if any, effect the filing of the Amended Complaint (Doc. No. 45 ) has on the pending Motion to Dismiss (Doc. No. 41 ) and the parties' previously proposed briefing schedule (Doc. Nos. 10, 11 ).(FGD) (Entered: 06/29/2026)

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June 29, 2026

Order

47 July 1, 2026

STATUS REPORT on the effect of the filing of the Amended Complaint (Doc. No. 45 ) by United States of America. (Ingebretsen, Richard) (Entered: 07/01/2026)

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48 July 2, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 47 STATUS REPORT on the effect of the filing of the Amended Complaint (Doc. No. 45 ).In light of the parties' joint status report, the motion to dismiss now pending (Doc. No. 41 ), which challenged the original complaint, is TERMINATED. The parties shall submit a proposed schedule for the filing and briefing of a motion challenging the Amended Complaint by July 8, 2026. (FGD) (Entered: 07/02/2026)

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July 2, 2026

Order on Motion to Dismiss/Lack of Jurisdiction

49 July 8, 2026

Joint MOTION for Entry of Stay and Scheduling Order and Joint Status Report by Lenore Burnley, Sallycar Korasingh.(Schlossberg, Suzanne) (Entered: 07/08/2026)

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50 July 9, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 49 Joint MOTION for Entry of Stay and Scheduling Order and Joint Status Report.ALLOWED. This case is STAYED pending the completion of proceedings in Trinidad and Tobago regarding the estates of Mr. Joseph and Mr. Samaroo. Plaintiffs shall file with this Court a prompt notice (i.e., within 14 days of notice to counsel in this case) upon completion of the relevant proceedings in Trinidad and Tobago seeking to lift the stay of this case. Fourteen days after the filing of that notice, Plaintiffs shall file a Second Amended Complaint. Defendants have consented to the filing of this complaint. Fourteen days after the filing of the new pleading, the parties shall file a joint status report proposing a schedule for briefing of the anticipated motion to dismiss the Second Amended Complaint. (FGD) Modified on 7/9/2026: updated docket text. (FGD). (Entered: 07/09/2026)

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July 9, 2026

Order AND ~Util - Case Stayed AND ~Util - Terminate Motions

51 Sept. 25, 2026

Withdraw as Attorney

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Case Details

State / Territory:

Massachusetts

Case Type(s):

National Security

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Jan. 27, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Family members of two Trinidadian nationals killed in a US missile strike off the coast of Venezuela

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States of America

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Other Dockets:

District of Massachusetts 1:26-cv-10364

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Damages

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Personal injury

Recommended Citation