Case: Mokdad v. Lynch

2:13-cv-12038 | U.S. District Court for the Eastern District of Michigan

Filed Date: May 8, 2013

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On May 8, 2013, a private individual who was previously denied boarding on commercial airline flights filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. Represented by private counsel, the plaintiff brought this action against the U.S. Department of Justice and the Federal Bureau of Investigation under the Administrative Procedures Act, 5 U.S.C. §§ 551 et seq. and the Declaratory Judgment Act, 28 U.S.C. § 2201. Specifically, the plaintiff, a U.S. citizen, claime…

On May 8, 2013, a private individual who was previously denied boarding on commercial airline flights filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. Represented by private counsel, the plaintiff brought this action against the U.S. Department of Justice and the Federal Bureau of Investigation under the Administrative Procedures Act, 5 U.S.C. §§ 551 et seq. and the Declaratory Judgment Act, 28 U.S.C. § 2201.

Specifically, the plaintiff, a U.S. citizen, claimed that he was previously denied boarding of flights to and from the United States to his home country of Lebanon. The plaintiff claimed that he was listed on the Transportation Security Administration's No Fly List, which is maintained by the Terrorist Screening Center (TSC), a division of the FBI. Individuals who are listed on the No Fly List are able to complain via the Traveler Redress Inquiry Program (TRIP) to the U.S. Department of Homeland Security. The plaintiff claimed to have filed three TRIP inquiries with the DHS, to no avail. As such, he had been unable to visit his family members in Lebanon or be present in Lebanon for an ongoing civil suit that he was a participant in. The plaintiff claimed the government's actions violated his Due Process rights under the Fifth Amendment and his rights under the Administrative Procedures Act to adequate redress regarding his placement on the No Fly List. The plaintiff requested declaratory and injunctive relief, as well as attorneys' fees and litigation costs.

On July 22, 2013, the government moved to dismiss for lack of subject-matter jurisdiction under 49 U.S.C. § 46110. This statute limits jurisdiction of TSA orders to U.S. Courts of Appeal. On December 5, U.S. District Judge Victoria Roberts granted the government's motion and dismissed this case. 2013 WL 8840322.

On January 24, 2014, the plaintiff appealed the District Court's decision to the U.S. Court of Appeals for the Sixth Circuit. The plaintiff argued § 46110 did not apply because he was contesting his placement on the No Fly List by the TSC, which is not part of the TSA. The plaintiff relied on Ibrahim v. Department of Homeland Security, 538 F.3d 1250 (9th Cir. 2008), which held that the TSC was not covered by § 46110. On October 26, 2015, the Sixth Circuit issued a decision reversing the District Court's dismissal. The Sixth Circuit agreed with the Ninth Circuit, holding that the plaintiff was indeed challenging a TSC order, not a TSA order. However, the Sixth Circuit dismissed the plaintiff's challenges to the adequacy of the redress process because the TSA was not joined as a defendant. The Sixth Circuit remanded this case to the District Court for further proceedings on plaintiff's "Challenge to his alleged placement on the No Fly List by TSC." 2015 WL 6444668.

On May 18, 2015, the defendants moved for dismissal for lack of jurisdiction and failure to state a claim. The Court granted the motion on August 10, 2016. The Court found that since the defendants issued a letter stating the plaintiff was not on the No Fly List, plaintiff's claim regarding his inclusion on the No Fly List was moot, no live controversy remained, and the Court lacked subject matter jurisdiction to continue to hear the case. 2016 WL 4205909.

The plaintiff appealed the district court's decision on October 17, 2016. On November 13, 2017, the Sixth Circuit Court (Judge Julia Smith Gibbons, Judge Alice Moore Batchelder, and Judge Ronald Lee Gilman) affirmed the district court's August 10 decision. As the issue on remand was narrowly plaintiff's challenge to his placement on the No Fly List by TSC, and the defendant stipulated that the plaintiff was not on that list, the issue before the court was resolved. Although the plaintiff alleged placement on other watch lists, the district court could not resolve those claims as it was not within the issue before the court, the plaintiff could not identify those lists, and the district court was given no basis for relief regarding those lists. 876 F.3d 167.

As of March 25, 2018, there has been no action on the docket since November 21, 2017.

Summary Authors

John He (11/11/2015)

Cade Boland (3/25/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4292256/parties/mokdad-v-holder/


Judge(s)

Batchelder, Alice Moore (Ohio)

Gibbons, Julia Smith (Tennessee)

Attorney for Plaintiff

Ayad, Nabih H (Michigan)

Attorney for Defendant

Bowen, Brigham J. (District of Columbia)

Folio, Joseph C III (District of Columbia)

Judge(s)

Batchelder, Alice Moore (Ohio)

Gibbons, Julia Smith (Tennessee)

Gilman, Ronald Lee (Tennessee)

Roberts, Victoria A. (Michigan)

Whalen, R. Steven (Michigan)

Attorney for Plaintiff

show all people

Documents in the Clearinghouse

Document

2:13-cv-12038

Docket [PACER]

Mokdad v. Holder

Jan. 10, 2018

Jan. 10, 2018

Docket
1

2:13-cv-12038

Plaintiff's Verified Complaint for Injunctive and Declaratory Relief

Mokdad v. Holder

May 8, 2013

May 8, 2013

Complaint
34

2:13-cv-12038

Order Granting Defendant's Motion to Dismiss

Mokdad v. Holder

Dec. 5, 2013

Dec. 5, 2013

Order/Opinion

2013 WL 2013

36-2

14-01094

Opinion [of the Sixth Circuit]

U.S. Court of Appeals for the Sixth Circuit

Oct. 26, 2015

Oct. 26, 2015

Order/Opinion

804 F.3d 804

57

2:13-cv-12038

Order Granting Defendant's Motion to Dismiss

Aug. 10, 2016

Aug. 10, 2016

Order/Opinion
62

16-02442

Opinion [USCA 6th Circuit]

Mokdad v. Sessions

U.S. Court of Appeals for the Sixth Circuit

Nov. 13, 2017

Nov. 13, 2017

Order/Opinion

876 F.3d 876

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4292256/mokdad-v-holder/

Last updated Jan. 30, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Saeb Mokdad against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-4083278 - Fee: $ 400. County of 1st Plaintiff: wayne - County Where Action Arose: Wayne - County of 1st Defendant: D.C.. [Previously dismissed case: No] [Possible companion case(s): None] (Ayad, Nabih) (Entered: 05/08/2013)

May 8, 2013

May 8, 2013

RECAP
2

SUMMONS Issued for *Eric Holder* (DWor) (Entered: 05/08/2013)

May 8, 2013

May 8, 2013

PACER
3

SUMMONS Issued for *Robert S Mueller* (DWor) (Entered: 05/08/2013)

May 8, 2013

May 8, 2013

PACER
4

SUMMONS Issued for *Timothy J Healy* (DWor) (Entered: 05/08/2013)

May 8, 2013

May 8, 2013

PACER
5

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (DWor) (Entered: 05/08/2013)

May 8, 2013

May 8, 2013

PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DWor)

May 8, 2013

May 8, 2013

PACER
6

INDEX of Exhibits re 1 Complaint, by Saeb Mokdad (Attachments: # 1 Exhibit Verification, # 2 Exhibit TRIP Inquiries) (Ayad, Nabih) (Entered: 05/09/2013)

1 Exhibit Verification

View on PACER

2 Exhibit TRIP Inquiries

View on PACER

May 9, 2013

May 9, 2013

PACER
7

CERTIFICATE of Service/Summons Returned Executed. Office of U.S. Attorney General served on 05/20/2013. (Ayad, Nabih) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
8

CERTIFICATE of Service/Summons Returned Executed. FBI served on 05/20/2013. (Ayad, Nabih) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
9

CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney General served on 05/20/2013. (Ayad, Nabih) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
10

CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of All Plaintiffs. (Ayad, Nabih) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
11

CERTIFICATE of Service/Summons Returned Executed. FBI served on 05/20/2013. (Ayad, Nabih) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
12

NOTICE of Appearance by Joseph C. Folio, III on behalf of All Defendants. (Folio, Joseph) (Entered: 07/10/2013)

July 10, 2013

July 10, 2013

PACER
13

STIPULATION to Extend Time for Defendants to Answer or Otherwise Respond by All Parties (Folio, Joseph) (Entered: 07/10/2013)

July 10, 2013

July 10, 2013

PACER
14

ORDER Extending Time, (Responses due by 7/22/2013). Signed by District Judge Victoria A. Roberts. (Ciesla, C) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
15

STIPULATION AND ORDER ENLARGING PAGE LIMITS FOR BRIEFING ON MOTION TO DISMISS, Signed by District Judge Victoria A. Roberts. (Ciesla, C) (Entered: 07/18/2013)

July 18, 2013

July 18, 2013

PACER
16

MOTION to Dismiss by All Defendants. (Attachments: # 1 Exhibit Exhibit A) (Folio, Joseph) (Entered: 07/22/2013)

1 Exhibit Exhibit A

View on PACER

July 22, 2013

July 22, 2013

PACER
17

Emergency MOTION for Order Permitting Immediate Travel by All Plaintiffs. (Ayad, Nabih) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

PACER
18

**STICKEN** ORDER EXPEDITING BRIEFING ON PENDING MOTIONS re 16 MOTION to Dismiss filed by Timothy J Healy, Eric Holder, Robert S Mueller AND 17 Emergency MOTION for Order Permitting Immediate Travel filed by Saeb Mokdad. Set Motion and R&R Deadlines/Hearings as to 16 MOTION to Dismiss AND 17 Emergency MOTION: (Responses due by 7/29/2013, Replies due by 8/2/2013). Signed by District Judge Victoria A. Roberts. (Ciesla, C) Modified on 7/26/2013 (LVer). (Entered: 07/24/2013)

July 24, 2013

July 24, 2013

PACER
19

Emergency MOTION for Extension of Time to File Response/Reply as to 18 Order, Set Motion and R&R Deadlines/Hearings,,,, by Saeb Mokdad. (Ayad, Nabih) (Entered: 07/25/2013)

July 25, 2013

July 25, 2013

PACER
20

RESPONSE to 19 Emergency MOTION for Extension of Time to File Response/Reply as to 18 Order, Set Motion and R&R Deadlines/Hearings,,,, filed by All Defendants. (Folio, Joseph) (Entered: 07/25/2013)

July 25, 2013

July 25, 2013

PACER
21

ORDER Granting 19 Motion and Striking Briefing Schedule. Signed by District Judge Victoria A. Roberts. (see image for details and dates) (LVer) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

PACER
22

RESPONSE to 16 MOTION to Dismiss filed by Saeb Mokdad. (Ayad, Nabih) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
23

STIPULATED ORDER Enlarging Page Limits for Defendants' Response to Plaintiff's 17 Emergency MOTION for Order Permitting Immediate Travel. Signed by District Judge Victoria A. Roberts. (Loury, R) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

PACER
24

RESPONSE to 17 Emergency MOTION for Order Permitting Immediate Travel filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Lubman Declaration, # 3 Exhibit B - Allied Erecting and Dismantling Co., Inc. v. Genesis Equip. & Mfg., Inc., 511 F. App'x 398 (6th Cir. 2013)) (Folio, Joseph) (Entered: 08/16/2013)

1 Index of Exhibits

View on PACER

2 Exhibit A - Lubman Declaration

View on PACER

3 Exhibit B - Allied Erecting and Dismantling Co., Inc. v. Genesis Equip. & Mfg.,

View on PACER

Aug. 16, 2013

Aug. 16, 2013

PACER
25

REPLY to Response re 17 Emergency MOTION for Order Permitting Immediate Travel & MOTION TO STRIKE RESPONSE filed by Saeb Mokdad. (Ayad, Nabih) (Entered: 08/20/2013)

Aug. 20, 2013

Aug. 20, 2013

PACER
26

RESPONSE to 25 Reply to Response to Motion Defendants' Response to Plaintiff's Motion to Strike by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Stirton v. Mich. Tooling Ass'n, 2005 WL 3502153 (E.D. Mich. 2005), # 3 Exhibit Dearborn Lodging, Inc. v. City of Dearborn, 2012 WL 1658684 (E.D. Mich. 2012)) (Folio, Joseph) (Entered: 08/22/2013)

1 Index of Exhibits

View on PACER

2 Exhibit A - Stirton v. Mich. Tooling Ass'n, 2005 WL 3502153 (E.D. Mich. 200

View on PACER

3 Exhibit Dearborn Lodging, Inc. v. City of Dearborn, 2012 WL 1658684 (E.D. Mich.

View on PACER

Aug. 22, 2013

Aug. 22, 2013

PACER
27

REPLY to Response re 17 Emergency MOTION for Order Permitting Immediate Travel With Request to Strike filed by Saeb Mokdad. (Ayad, Nabih) (Entered: 08/23/2013)

Aug. 23, 2013

Aug. 23, 2013

PACER
28

MOTION for Leave to File Excess Pages by All Defendants. (Folio, Joseph) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

PACER
29

ORDER Granting 28 Motion for Leave to File Excess Pages. Signed by District Judge Victoria A. Roberts. (Loury, R) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

PACER
30

REPLY to Response re 16 MOTION to Dismiss filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Thomson v. Stone (E.D. Mich.), # 3 Exhibit B - Latif v. Holder (D. Or.), # 4 Exhibit C - Bennafield v. City of Canton Police Dep't (6th Cir.), # 5 Exhibit D - Shearson v. Holder (6th Cir.)) (Folio, Joseph) (Entered: 08/29/2013)

1 Index of Exhibits

View on PACER

2 Exhibit A - Thomson v. Stone (E.D. Mich.)

View on PACER

3 Exhibit B - Latif v. Holder (D. Or.)

View on PACER

4 Exhibit C - Bennafield v. City of Canton Police Dep't (6th Cir.)

View on PACER

5 Exhibit D - Shearson v. Holder (6th Cir.)

View on PACER

Aug. 29, 2013

Aug. 29, 2013

PACER
31

MOTION to Strike 30 Reply to Response to Motion, by Saeb Mokdad. (Ayad, Nabih) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
32

ORDER Denying Motions to Strike 25 and 31 . Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 09/04/2013)

Sept. 4, 2013

Sept. 4, 2013

PACER
33

EXHIBIT re 25 Reply to Response to Motion, 17 Emergency MOTION for Order Permitting Immediate Travel by Saeb Mokdad (Attachments: # 1 Exhibit Letter from General Consulate of Lebanon) (Ayad, Nabih) (Entered: 10/25/2013)

1 Exhibit Letter from General Consulate of Lebanon

View on PACER

Oct. 25, 2013

Oct. 25, 2013

PACER
34

ORDER granting 16 Motion to Dismiss; terminating 17 Motion for Order for Emergency Travel. See order for details. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 12/05/2013)

Dec. 5, 2013

Dec. 5, 2013

PACER
35

JUDGMENT in favor of Defendants against Plaintiff Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 12/05/2013)

Dec. 5, 2013

Dec. 5, 2013

PACER
36

NOTICE OF APPEAL by Saeb Mokdad re 35 Judgment, 34 Order on Motion to Dismiss, Order on Motion for Order. Receipt No: 0645-4470669 - Fee: $ 505 - Fee Status: Fee Paid. (Ayad, Nabih) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

PACER
37

Certificate of Service re 36 Notice of Appeal. (TMcg) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

PACER
38

ORDER from U.S. Court of Appeals - Sixth Circuit re 36 Notice of Appeal filed by Saeb Mokdad [Appeal Case Number 14-1094] (KKra) (Entered: 06/26/2014)

June 25, 2014

June 25, 2014

PACER
41

OPINION from U.S. Court of Appeals - Sixth Circuit re 36 Notice of Appeal filed by Saeb Mokdad [Appeal Case Number 14-1094] (Ahmed, N) (Entered: 12/15/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
42

JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 36 Notice of Appeal filed by Saeb Mokdad [Appeal Case Number 14-1094] (Ahmed, N) (Entered: 12/15/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference set for 11/17/2015 at 4:00 PM before District Judge Victoria A. Roberts. The Court will initiate the call. (LVer)

Oct. 29, 2015

Oct. 29, 2015

PACER
39

NOTICE of Appearance by Brigham Bowen on behalf of Timothy J Healy, Eric Holder, Robert S Mueller. (Bowen, Brigham) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
40

STIPULATION AND ORDER of Attorney Withdrawal by Joseph Folio. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference set for 12/3/2015 at 2:00 PM before District Judge Victoria A. Roberts. The Court will initiate the call. (LVer)

Nov. 23, 2015

Nov. 23, 2015

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference reset for 12/3/2015 at 12:30 PM before District Judge Victoria A. Roberts. PLEASE NOTE THIS IS A TIME CHANGE ONLY. (LVer)

Nov. 24, 2015

Nov. 24, 2015

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference set for 12/14/2015 at 10:00 AM before District Judge Victoria A. Roberts. (LVer)

Dec. 3, 2015

Dec. 3, 2015

PACER

Minute Entry for proceedings before District Judge Victoria A. Roberts: Telephonic Status Conference held on 12/14/2015 (CPin)

Dec. 14, 2015

Dec. 14, 2015

PACER
43

ORDER. TELEPHONIC Status Conference set for 1/12/2016 at 9:30 AM before District Judge Victoria A. Roberts. Signed by District Judge Victoria A. Roberts. (see image for details and dates) (LVer) (Entered: 12/16/2015)

Dec. 16, 2015

Dec. 16, 2015

PACER
44

MANDATE from U.S. Court of Appeals - Sixth Circuit as to 42 Appeal Order/Opinion/Judgment [Appeal Case Number 14-1094] (Ahmed, N) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

PACER
45

NOTICE by All Defendants re 43 Order, Set Deadlines/Hearings - Notice of DHS TRIP Response (Attachments: # 1 Exhibit - DHS TRIP Response Letter) (Bowen, Brigham) (Entered: 12/24/2015)

1 Exhibit - DHS TRIP Response Letter

View on PACER

Dec. 24, 2015

Dec. 24, 2015

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference set for 4/4/2016 at 10:00 AM before District Judge Victoria A. Roberts. The Court will initiate the call. (LVer)

Jan. 12, 2016

Jan. 12, 2016

PACER

Minute Entry for proceedings before District Judge Victoria A. Roberts: Telephonic Status Conference held on 1/12/2016 (CPin)

Jan. 12, 2016

Jan. 12, 2016

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference set for 4/14/2016 at 2:00 PM before District Judge Victoria A. Roberts. The Court will initiate the call. (LVer)

April 4, 2016

April 4, 2016

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference reset for 4/26/2016 03:00 PM before District Judge Victoria A. Roberts (CPin)

April 12, 2016

April 12, 2016

PACER

Minute Entry for proceedings before District Judge Victoria A. Roberts: Telephonic Status Conference held on 4/27/2016 (CPin)

April 27, 2016

April 27, 2016

PACER
46

Order Setting Briefing Schedule. Signed by District Judge Victoria A. Roberts. (see image for details and dates) (LVer) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

PACER
47

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted by Timothy J Healy, Eric Holder, Robert S Mueller. (Bowen, Brigham) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
48

(STRICKEN)STIPULATION by Saeb Mokdad (Ayad, Nabih)[STIPULATION TO EXTEND RESPONSE DEADLINE] Modified on 6/10/2016 (DPer). Modified on 6/10/2016 (CPin). (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER

TEXT-ONLY ORDER STRIKING 48 Stipulation and Order filed by Saeb Mokdad Signed by District Judge Victoria A. Roberts. (CPin)

June 10, 2016

June 10, 2016

PACER
49

STIPULATION AND ORDER to Extend Time to Filre Response re 47 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted filed by Timothy J Healy, Eric Holder, Robert S Mueller. Response due by 6/24/2016 Reply due by 7/15/2016 Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

PACER
50

RESPONSE to 47 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted filed by Saeb Mokdad. (Ayad, Nabih) (Entered: 06/24/2016)

June 24, 2016

June 24, 2016

PACER
51

Ex Parte MOTION for Leave to File Excess Pages by All Defendants. (Bowen, Brigham) (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

PACER
52

ORDER granting 51 Motion for Leave to File Excess Pages. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 07/11/2016)

July 11, 2016

July 11, 2016

PACER
53

REPLY to Response re 47 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted filed by Timothy J Healy, Eric Holder, Robert S Mueller. (Bowen, Brigham) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
54

ORDER Requiring Briefing regarding 47 Motion to Dismiss Notice of Hearing on Motion 47 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted :( Motion Hearing set for 8/9/2016 at 2:30 PM before District Judge Victoria A. Roberts) Response due by 7/27/2016 Signed by District Judge Victoria A. Roberts. (see image for details and dates) (LVer) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER
55

SUPPLEMENTAL BRIEF re 54 Order Requiring Responsive Pleading, Order Setting Hearing on Motion,, filed by Timothy J Healy, Eric Holder, Robert S Mueller. (Bowen, Brigham) (Entered: 07/27/2016)

July 27, 2016

July 27, 2016

PACER
56

SUPPLEMENTAL BRIEF re 54 Order Requiring Responsive Pleading, Order Setting Hearing on Motion,, 50 Response to Motion filed by All Plaintiffs. (Attachments: # 1 Exhibit) (Ayad, Nabih) (Entered: 07/27/2016)

1 Exhibit

View on PACER

July 27, 2016

July 27, 2016

PACER

Minute Entry for proceedings before District Judge Victoria A. Roberts: Motion Hearing held on 8/9/2016 re 47 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted filed by Timothy J Healy, Eric Holder, Robert S Mueller Disposition: Motion granted (Court Reporter: Janice Coleman) (CPin)

Aug. 9, 2016

Aug. 9, 2016

PACER
57

ORDER Granting 47 Motion to Dismiss. Signed by District Judge Victoria A. Roberts. (see image for details and dates) (LVer) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

RECAP
58

DECLARATION by Timothy P. Groh re 57 Order on Motion to Dismiss filed by Timothy J Healy, Eric Holder, Robert S Mueller (Bowen, Brigham) (Entered: 08/16/2016)

Aug. 16, 2016

Aug. 16, 2016

PACER
59

NOTICE OF APPEAL by Saeb Mokdad. Receipt No: 0645-5904639 - Fee: $ 505 - Fee Status: Fee Paid. (Ayad, Nabih) (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

PACER
60

Certificate of Service re 59 Notice of Appeal. (SOso) (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

PACER
61

TRANSCRIPT of Motion to Dismiss held on August 9, 2016. (Court Reporter/Transcriber: Janice Coleman) (Number of Pages: 43) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 1/3/2017. Redacted Transcript Deadline set for 1/13/2017. Release of Transcript Restriction set for 3/13/2017. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber at www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Coleman, J.) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
62

OPINION from U.S. Court of Appeals - Sixth Circuit re 59 Notice of Appeal filed by Saeb Mokdad [Appeal Case Number 16-2442] (DWor) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
63

ORDER from U.S. Court of Appeals - Sixth Circuit re 59 Notice of Appeal filed by Saeb Mokdad [Appeal Case Number 16-2442] (DWor) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
64

OPINION and JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 62 Appeal Order/Opinion/Judgment, 59 Notice of Appeal filed by Saeb Mokdad [Appeal Case Number 16-2442] (DWor) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

RECAP
65

Appeal Mandate

Jan. 10, 2018

Jan. 10, 2018

PACER

Case Details

State / Territory: Michigan

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 8, 2013

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A private individual who was previously denied boarding on commercial airline flights.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Transportation Security Administration (Washington), Federal

U.S. Department of Justice (Washington), Federal

Federal Bureau of Investigation (Washington), Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Racial profiling

Record-keeping

Records Disclosure

Terrorism/Post 9-11 issues

Watchlist

Policing:

Inadequate citizen complaint investigations and procedures

Discrimination-basis:

National origin discrimination

Affected Sex or Gender:

Male

Immigration/Border:

Border police

Constitutional rights

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern