Yassir Fazaga et al v. Federal Bureau of Investigation et al
| Yassir Fazaga, Ali Uddin Malik and Yasser Abdelrahim |
| Federal Bureau of Investigation, Robert Mueller, Steven M Martinez, J Stephen Tidwell, Barbara Walls, Pat Rose, Kevin Armstrong, Paul Allen, DOES 1-20 and United States of America |
| 8:2011cv00301 |
| February 22, 2011 |
| US District Court for the Central District of California |
| Cormac J Carney |
| Victor B Kenton |
| Civil Rights: Other |
| 28 U.S.C. § 1343 |
| Plaintiff |
Docket Report
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| Filing 173 NOTICE RE: GRANT OF PETITION FOR WRIT OF CERTIORARI filed by GOVERNMENT DEFENDANTS Federal Bureau of Investigation, Steven M Martinez, Robert Mueller, United States of America. (Attachments: #1 Exhibit Order Granting Certiorari)(DeMott, Joseph) |
| Filing 172 NOTICE of Change of Attorney Business or Contact Information: for attorney Ahilan T Arulanantham counsel for Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. Changing address to UCLA School of Law, 385 Charles Young Drive East, Los Angeles, CA 90095. Changing email to arulanantham@law.ucla.edu. Filed by Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Arulanantham, Ahilan) |
| Filing 171 NOTICE OF FILING OF PETITION FOR WRIT OF CERTIORARI filed by Government Defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller, United States of America. (Attachments: #1 Exhibit Petition for Writ of Certiorari)(DeMott, Joseph) |
| Filing 170 Notice of Appearance or Withdrawal of Counsel: for attorney Dina Chehata counsel for Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. Adding Dina Chehata as counsel of record for Yassir Fazaga, Ali Uddin Malik, Yasser Abdelrahim for the reason indicated in the G-123 Notice. Filed by Plaintiff Yassir Fazaga. (Attorney Dina Chehata added to party Yasser Abdelrahim(pty:pla), Attorney Dina Chehata added to party Yassir Fazaga(pty:pla), Attorney Dina Chehata added to party Ali Uddin Malik(pty:pla))(Chehata, Dina) |
| Filing 169 Notice of Appearance or Withdrawal of Counsel: for attorney Amr Shabaik counsel for Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. Adding Amr Shabaik as counsel of record for Yassir Fazaga, Ali Uddin Malik, Yasser Abdelrahim for the reason indicated in the G-123 Notice. Filed by Plaintiff Yassir Fazaga. (Attorney Amr Shabaik added to party Yasser Abdelrahim(pty:pla), Attorney Amr Shabaik added to party Yassir Fazaga(pty:pla), Attorney Amr Shabaik added to party Ali Uddin Malik(pty:pla))(Shabaik, Amr) |
Filing 168
ORDER by Judge Cormac J. Carney: GRANTING GOVERNMENT DEFENDANTS MOTION FOR STAY OF PROCEEDINGS PENDING PETITION FOR WRIT OF CERTIORARI [Dkt. #164 AND STAYING CASE AS TO ALL CLAIMS AND PARTIES. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 167 NOTICE of Change of Attorney Business or Contact Information: for attorney Katie Moran counsel for Defendants J Stephen Tidwell, Barbara Walls. Changing Address to 350 South Grand Avenue, Suite 2400 Los Angeles, CA 90071. Filed by Defendants J Stephen Tidwell, Barbara Walls. (Moran, Katie) |
| Filing 166 REPLY in support of NOTICE OF MOTION AND MOTION to Stay Case pending Petition for Writ of Certiorari #164 filed by Defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller, United States of America. (DeMott, Joseph) |
| Filing 165 Opposition re: NOTICE OF MOTION AND MOTION to Stay Case pending Petition for Writ of Certiorari #164 filed by Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Tajsar, Mohammad) |
| Filing 164 NOTICE OF MOTION AND MOTION to Stay Case pending Petition for Writ of Certiorari filed by Government Defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller, United States of America. Motion set for hearing on 10/5/2020 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum, #2 Proposed Order) (DeMott, Joseph) |
| Filing 163 STATUS REPORT (JOINT) filed by Defendants Paul Allen, Kevin Armstrong, Pat Rose. (Cote, Alexander) |
| Filing 162 MINUTES OF STATUS CONFERENCE held before Judge Cormac J. Carney. Status Conference held. The Court and counsel confer. The parties shall submit their reports as stated on the record by August 28, 2020. Court Reporter: Debbie Hino-Spaan. (lom) |
| Filing 161 NOTICE of Appearance filed by attorney Joseph J DeMott on behalf of Defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller, United States of America (Attorney Joseph J DeMott added to party Federal Bureau of Investigation(pty:dft), Attorney Joseph J DeMott added to party Steven M Martinez(pty:dft), Attorney Joseph J DeMott added to party Robert Mueller(pty:dft), Attorney Joseph J DeMott added to party United States of America(pty:dft))(DeMott, Joseph) |
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Filing 160
ORDER by Judge Cormac J. Carney: Granting #158 Non-Resident Attorney Catherine M.A. Carroll APPLICATION to Appear Pro Hac Vice on behalf of J. Stephen Tidwell and Barbara Walls Defendants, designating Katie Moran as local counsel. (twdb)
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| Filing 159 Notice of Appearance or Withdrawal of Counsel: for attorney Amos Alexander Lowder counsel for Defendants Paul Allen, Kevin Armstrong, Pat Rose. Filed by Defendants Pat Rose, Kevin Armstrong, and Paul Allen. (Attorney Amos Alexander Lowder added to party Paul Allen(pty:dft), Attorney Amos Alexander Lowder added to party Kevin Armstrong(pty:dft))(Lowder, Amos) |
| Filing 158 APPLICATION of Non-Resident Attorney Catherine M.A. Carroll to Appear Pro Hac Vice on behalf of Defendants J Stephen Tidwell, Barbara Walls (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27618446) filed by Defendants J Stephen Tidwell, Barbara Walls. (Attachments: #1 Proposed Order) (Moran, Katie) |
| Filing 157 Notice of Appearance or Withdrawal of Counsel: for attorney Mohammad K Tajsar counsel for Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. Adding Mohammad Tajsar as counsel of record for Yassir Fazaga, Ali Uddin Malik, and Yasser Abdelrahim for the reason indicated in the G-123 Notice. Filed by Plaintiffs Yassir Fazaga, Ali Uddin Malik, and Yasser Abdelrahim. (Attorney Mohammad K Tajsar added to party Yasser Abdelrahim(pty:pla), Attorney Mohammad K Tajsar added to party Yassir Fazaga(pty:pla), Attorney Mohammad K Tajsar added to party Ali Uddin Malik(pty:pla))(Tajsar, Mohammad) |
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Filing 156
MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney: ORDER SETTING TELEPHONIC STATUS CONFERENCE. The Courtroom deputy shall provide the parties with the dial-in directions prior to the hearing. ( Telephonic Status Conference set for 8/18/2020 at 10:00 AM before Judge Cormac J. Carney.) (twdb)
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| Filing 155 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #115 , Notice of Appeal to 9th Circuit Court of Appeals #112 , Notice of Appeal to 9th Circuit Court of Appeals #130 , CCA # 12-56867, 12-56874 and 13-55017. The judgment of this Court, entered February 28, 2019 and amended July 20, 2020, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Opinion #149 , and USCA Order and Amended OPINION #150 , AFFIRMED in part, REVERSED in part, and REMANDED.](mat) |
| Filing 153 Notice of Appearance or Withdrawal of Counsel: for attorney Katie Moran counsel for Defendants J Stephen Tidwell, Barbara Walls. Carl J. Nichols is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendants J. Stephen Tidwell, Barbara Walls. (Moran, Katie) |
| Filing 152 Notice of Electronic Filing re Text Only Bounced Notice of Electronic Filing E-mail,, 151 e-mailed to Reem Salahi at reem@hadsellstormer.com bounced due to 5.1.0 - Unknown address error 550-'invalid mailbox. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY |
| Filing 151 Notice of Electronic Filing re USCA Memorandum/Opinion/Order,,, #150 e-mailed to Carl J Nichols at carl.nichols@wilmerhale.com bounced due to 5.1.0 - Unknown address error 550-'Invalid recipient. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY |
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Filing 150
Order and Amended Opinion from Ninth Circuit Court of Appeals. The opinion filed on February 28, 2019, reported at 916 F.3d 1202, is hereby amended. An amended opinion is filed concurrently with this order re: Notice of Appeal to 9th Circuit Court of Appeals #112 filed by Barbara Walls, J Stephen Tidwell; Notice of Appeal to 9th Circuit Court of Appeals #115 filed by Paul Allen, Kevin Armstrong, Pat Rose; Notice of Appeal to 9th Circuit Court of Appeals #130 filed by Ali Uddin Malik, Yassir Fazaga, Yasser Abdelrahim. CCA # 12-56867; 12-56874; 13-55017. We affirm in part and reverse in part the district court's orders, and remand for further proceedings in accordance with this opinion. [See document for completed details.] (lom)
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| Filing 149 OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #115 filed by Paul Allen, Kevin Armstrong, Pat Rose, Notice of Appeal to 9th Circuit Court of Appeals #112 filed by Barbara Walls, J Stephen Tidwell, Notice of Appeal to 9th Circuit Court of Appeals #130 filed by Ali Uddin Malik, Yassir Fazaga, Yasser Abdelrahim. CCA # 12-56867, 12-56874, 13-55017. The decision of the District Court is AFFIRMED in part, REVERSED in part, and REMANDED. (iv) |
| Filing 148 MINUTES OF TELEPHONIC STATUS CONFERENCE RE SETTLEMENT held before Magistrate Judge David T. Bristow: Upon inquiry by the Court, the parties confirmed that they were unable to agree upon terms for a possible partial settlement of this action involving only the individual plaintiffs. Accordingly, the Court confirmed that settlement discussions had been exhausted, as it appeared that negotiations had reached an intractable impasse. The Court noted that the settlement discussions in this case had been extraordinary, and that they had encompassed nearly two years. Notwithstanding the absence of a settlement agreement, the Court advised the parties of its willingness to conduct further settlement negotiations in the future if the parties believed such efforts were warranted by any factual or procedural developments. The Clerk shall serve a copy of this Order on the Ninth Circuit Court of Appeals settlement coordinator, Claudia Lynn Bernard. Court Recorder: RS-4 02-05-14. (ad) |
| Filing 147 MINUTES OF Telephonic Status Conference held before Magistrate Judge David T. Bristow: Plaintiffs counsel informed the Court that they have been unable to agree with defense counsel on acceptable languagefor a proposed written statement regarding the settlement of the case, and that such a statement was a requirement of any proposed settlement. Accordingly, plaintiffscounsel believed any further settlement discussions regarding a global settlement would be futile. Defense counsel thereafter again inquired as to whether plaintiffs believed a settlement with only the individual plaintiffs was a possibility. Following further discussion, the Court thereafter directed counsel to confer as to whether a settlement between the plaintiffs and the individual defendants would be possible. The Court set a further telephonic conference for February 5, 2014, at 11:00 a.m.Court Recorder: RS-4 01-17-14. (dts) |
| Filing 146 SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T. Bristow Telephone Conference set for 1/17/2014 11:00 AM before Magistrate Judge David T. Bristow. Call in number is 213-894-0800, Meeting ID:1112#, and User Password:6154#:THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dts) TEXT ONLY ENTRY |
| Filing 145 MINUTES OF Telephonic Status Conference held before Magistrate Judge David T. Bristow: The Court and counsel discussed the status on the case. The Court ordered plaintiffs counsel to respond, in writing, to the governments most recent draft with red-line revisions within one week prior to determining that a settlement would not be possible. The Court set a further telephonic conference for January 17, 2014, at 11:00 a.m.Court Recorder: RS-3 01-07-14. (mrgo) |
| Filing 144 Telephone Conference set for 1/7/2014 11:00 AM before Magistrate Judge David T. Bristow. The call in number is 213-894-0800, please follow the prompts and enter the codes meeting id: 7002# and user password: 4524# THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dts) TEXT ONLY ENTRY |
| Filing 143 MINUTES OF TELEPHONIC STATUS CONFERENCE RE SETTLEMENT held before Magistrate Judge David T. Bristow: The Court and counsel discussed the status on the case. The Court directed the government to provide a final statement, in light of plaintiffs previously-stated position regarding such, and to have a further telephonic conference with the plaintiffs regarding the same. Following the telephonic conference the Court and counsel shall confer regarding settlement status, and, accordingly, the Court set a further telephonic conference for January 7, 2014, at 11:00am. Court Recorder: RS-4 12-19-13. (ad) |
| Filing 142 SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T. Bristow Telephone Conference set for 12/19/2013 11:00 AM before Magistrate Judge David T. Bristow. Call-in Number:213.894.0800, Please follow the prompts and enter the codes.Meeting ID:1116#, User Password:5612#, THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dts) TEXT ONLY ENTRY |
| Filing 141 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #136 . The following error(s) was found: Incorrect event selected. The correct event is: Notices/Notice o Appearance or Withdrawal of Counsel (G-123). Note: Wrong event does not provide relief or changes sought. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) |
| Filing 140 Notice of Appearance or Withdrawal of Counsel: for attorney Peter Bibring counsel for Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. Yaman Salahi is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Peter Bibring. (Bibring, Peter) |
| Filing 139 MINUTES OF TELEPHONIC STATUS CONFERENCE RE SETTLEMENT held before Magistrate Judge David T. Bristow: The Court and counsel discussed the status on the case. The Court directed counsel to confer and contact the Court with an updated status on Friday, November 8, 2013, at 11:30am. Court Recorder: RS-4 04-05-13. (ad) |
| Filing 138 SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T. Bristow Telephone Settlement Conference set for 11/7/2013 10:00 AM before Magistrate Judge David T. Bristow. Call-in Number:213.894.0800, Please follow the prompts and enter the codes Meeting ID:1112#, User Password:7312#, THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dts) TEXT ONLY ENTRY |
| Filing 137 Notice of Appearance or Withdrawal of Counsel: for attorney Annie L Owens counsel for Defendants J Stephen Tidwell, Barbara Walls. Annie L. Owens is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Stephen Tidwell and Barbara Walls. (Owens, Annie) |
| Filing 136 NOTICE of Withdrawal of Appearance of P. Patty Li filed by Defendants J Stephen Tidwell, Barbara Walls. (Moran, Katie) |
| Filing 135 MINUTES OF Telephone Conference held before Magistrate Judge David T. Bristow: A telephonic status conference regarding settlement was held as previously scheduled. Attorneys Ahilan T. Arulanantham and Peter Bibring appeared on behalf of plaintiffs. Assistant United States Attorneys Anthony Joseph Coppolino and Lynn Y.Lee appeared on behalf of the United States of America, Federal Bureau of Investigation, Robert Mueller, and Steven M. Martinez. Assistant United States Attorney Stephen F. Handler appeared on behalf of the United States of America.Attorney Annie L. Owens appeared on behalf of J. Stephen Tidwell and Barbara Walls. Attorney Alexander H. Cote appeared on behalf Pat Rose and Kevin Armstrong. The Court and counsel discussed the status on the case. Counsel indicated that further discussions with the Court would be beneficial, prior to scheduling any further settlement conference. Accordingly, defense counsel will contact the Court telephonically no later than April 30, 2013, and the Court will thereafter contact plaintiffs counsel regarding the settlement status. Thereafter, the Court will calendar a further settlement conference if it deems it appropriate.Court Recorder: RS-4 04-05-13. (am) |
| Filing 134 SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T. Bristow Telephone Conference set for 4/5/2013, 10:00 AM before Magistrate Judge David T. Bristow. Please dial 213.894.0800, Please follow the prompts and enter the codes, Meeting ID:7002#, User Password:6674#Note: To mute the Hold Music, the first participant in the conference should enter *99 after entering the meeting and hearing the music. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dts) TEXT ONLY ENTRY |
| Filing 133 TRANSCRIPT ORDER as to Plaintiff Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik Court Reporter. Court will contact Christian Lebano at clebano@aclu-sc.org with any questions regarding this order. Transcript portion requested: Other: 8/14/2012 MTD Hearing. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Bibring, Peter) |
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Filing 132
MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney: Case should have been closed on entry dated November 2, 2012 #123 . Make JS-6.(Made JS-6. Case Terminated.) (rla)
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| Filing 131 NOTICE of Change of Attorney Information for attorney Peter Bibring counsel for Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. Adding Yaman Salahi as attorney as counsel of record for Yassir Fazaga; Ali Uddin Malik; Yasser AbdelRahim for the reason indicated in the G-06 Notice. Filed by Plaintiff Fazaga; Malik; AbdelRahim (Bibring, Peter) |
| Filing 154 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 13-55017 assigned to Notice of Appeal to 9th Circuit Court of Appeals #130 as to plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. [Late Docketing due to Clerk Error.] (mat) |
| Filing 130 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. Appeal of Judgment, #129 (Appeal fee of $455 receipt number 0973-11463653 paid.) (Bibring, Peter) |
| Filing 129 PARTIAL FINAL JUDGMENT by Judge Cormac J. Carney, in favor of Federal Bureau of Investigation, United States of America, Barbara Walls, J Stephen Tidwell, Kevin Armstrong, Pat Rose, Paul Allen, Robert Mueller, Steven M Martinez. Related to: Order Granting Motion for Issuance of Partial Final Judgment pursuant to Rule 54(b, #128 . (rla) |
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Filing 128
ORDER by Judge Cormac J. Carney: GRANTING PLAINTIFFS' MOTION FOR ISSUANCE OF PARTIAL FINAL JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(b) #121 : (See document for details.) For the foregoing reasons, The Court GRANTS Plaintiffs' motion for issuance of partial final judgment. The Court will sign and enter Plaintiffs' proposed order concurrently herewith. (rla)
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| Filing 127 NOTICE OF FILING TRANSCRIPT filed for proceedings AUGUST 14, 2012 re Transcript #126 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Dellaneve, Maria) TEXT ONLY ENTRY |
| Filing 126 TRANSCRIPT for proceedings held on AUGUST 14, 2012. Court Reporter/Electronic Court Recorder: MARIA DELLANEVE, phone number 714-564-9259. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/20/2012. Redacted Transcript Deadline set for 12/30/2012. Release of Transcript Restriction set for 2/27/2013. (Dellaneve, Maria) |
| Filing 125 REPLY in support of MOTION for Entry of Judgment pursuant to Rule 54(b) Partial MOTION for Entry of Judgment pursuant to Rule 54(b) Partial #121 filed by Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Arulanantham, Ahilan) |
| Filing 124 MEMORANDUM in Opposition to MOTION for Entry of Judgment pursuant to Rule 54(b) Partial MOTION for Entry of Judgment pursuant to Rule 54(b) Partial #121 Government Defendants' Opposition to Plaintiffs' Motion for Issuance of Partial Final Judgment Pursuant to F.R.C.P. 54(b) filed by Defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller, United States of America. (Coppolino, Anthony) |
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Filing 123
ORDER by Judge Cormac J. Carney, STAY OF FISA CLAIMS AND DATE OF STATUS CONFERENCE AND HEARING FOR PLAINTIFFS' MOTION FOR PARTIAL FINAL JUDGMENT, re Stipulation #122 : (NOTE: CHANGES MADE BY THE COURT): Court ORDERS that the FISA claims against the Individual Capacity Defendants be immediately stayed pending resolution of the appeal; that the Court will hear and subsequently rule on Plaintiffs' pending Motion for Issuance of Partial Final Judgment on Tuesday, December 11, 2012 at 4:30 p.m.; and that the November 5, 2012 status conference be continued until Tuesday, December 11, 2012 at 4:30 p.m. (rla)
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| Filing 122 Joint STIPULATION to Stay Case pending Appeal by Individual Defendants filed by Plaintiff Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Attachments: #1 Proposed Order)(Bibring, Peter) |
| Filing 121 NOTICE OF MOTION AND MOTION for Entry of Judgment pursuant to Rule 54(b) Partial filed by Plaintiff Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. Motion set for hearing on 12/10/2012 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum, #2 Proposed Order)(Bibring, Peter) |
| Filing 120 TRANSCRIPT ORDER as to Defendants Paul Allen, Kevin Armstrong, Pat Rose Court Reporter. Court will contact Melissa Vasquez at mvasquez@scheperkim,com with any questions regarding this order. Transcript portion requested: Other: Motion to Dismiss (8/14/12). Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Lowder, Amos) |
| Filing 117 SCHEDULING NOTICE by Judge Cormac J. Carney. Status Conference set for 11/5/2012 at 3:00 PM before Judge Cormac J. Carney. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(mu) TEXT ONLY ENTRY |
| Filing 119 NOTIFICATION by Circuit Court of Appellate Docket Number 12-56874 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #115 as to Defendants Paul Allen, Kevin Armstrong, Pat Rose. (dmap) |
| Filing 118 NOTIFICATION by Circuit Court of Appellate Docket Number 12-56867, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #112 as to Defendants J Stephen Tidwell, Barbara Walls. (car) |
| Filing 116 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #112 as to Defendants J Stephen Tidwell, Barbara Walls; Receipt Number: SA006182 in the amount of $455. (car) |
| Filing 115 NOTICE OF APPEAL to the 9th CCA filed by Defendants Paul Allen, Kevin Armstrong, Pat Rose. Appeal of Order, #102 (Appeal fee of $455 receipt number 0973-11094403 paid.) (Attachments: #1 Supplement)(Machala, Angela) |
| Filing 114 NOTICE filed by Individual-Capacity Defendants J Stephen Tidwell, Barbara Walls. NOTICE OF ERRATA (Moran, Katie) |
| Filing 113 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #112 . (Moran, Katie) |
| Filing 112 NOTICE OF APPEAL to the 9th CCA filed by Individual-Capacity Defendants J Stephen Tidwell, Barbara Walls. Appeal of Order, #102 (Appeal fee FEE NOT PAID.) (Moran, Katie) |
| Filing 111 NOTICE filed by Individual-Capacity Defendants J Stephen Tidwell, Barbara Walls. Notice of Appeal (Moran, Katie) |
| Filing 110 MINUTES OF CONTINUED SETTLEMENT CONFERENCE held before Magistrate Judge David T Bristow: At approximately 6:00 p.m., the parties concluded settlement discussions without reaching a settlement agreement. However, the parties did agree that the proposed settlement framework could lead to a settlement in this matter. It was anticipated that Counsel for Plaintiffs will contact Counsel for the Defendants within one week of todays date to discuss the potential terms of settlement. As discussed with the parties the Court will make itself available should either side wish to continue discussions on the four areas with Counsel in this matter.Court Recorder: RS-4 10-04-12. (am) |
| Filing 109 MINUTES OF TELEPHONIC STATUS CONFERENCE RE SETTLEMENT CONFERENCE held before Magistrate Judge David T Bristow: Following discussion with counsel, the Court set a further settlement conference for October 4, 2012, at 9:00am. Counsel for the individual capacity defendants and the defendants themselves are not required to be present, although they may attend. The parties indicated that they will each separately contact the Court prior to October 4, 2012 to discuss settlement issues.Court Recorder: RS-4 08-31-12. (ad) |
| Filing 108 SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T Bristow Telephone Conference set for 8/31/2012 10:00 AM before Magistrate Judge David T Bristow. Please follow the prompts and enter the codes below.Meeting ID:7002#User Password4115#THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dts) TEXT ONLY ENTRY |
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Filing 107
ORDER by Judge Cormac J. Carney, re Stipulation to Extend Time for Individual-Capacity Defendants to Answer the Tenth Cause of Action of the First amended Complaint #106 : Court ORDERS that the time for Defendants J. Stephen Tidwell, Barbara Walls, Pat Rose, Kevin Armstrong, and Paul Allen to answer the Tenth Cause of Action of the First Amended Complaint shall be extended until October 27, 2012. (rla)
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| Filing 106 STIPULATION for Extension of Time to File Answer to October 27, 2012 re Amended Complaint, #49 filed by Defendants Kevin Armstrong. (Attachments: #1 Proposed Order)(Cote, Alexander) |
| Filing 105 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #104 . The following error(s) was found: Incorrect event selected. The correct event is: Change of Attorney Information (G-06). Note: Wrong event does not provide relief or change sought. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) |
| Filing 104 NOTICE of Withdrawal of Appearance of Brian R. Michael filed by Defendants J Stephen Tidwell, Barbara Walls. (Li, Peiyin) |
| Filing 103 MINUTES OF Motion Hearing held before Judge Cormac J. Carney: Motion hearing held. RE: motions filed 11/4/11; 11/11/11; 11/11/11. Court confers with counsel and hears oral argument. Defendantsmotions to dismiss are taken under submission. Court Reporter: Maria Dellaneve. (twdb) |
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Filing 102
ORDER by Judge Cormac J. Carney, GRANTING IN PART DEFENDANTS' MOTIONS TO DISMISS PLAINTIFFS' FISA CLAIM: (See document for details.) For the foregoing reasons, with respect to Plaintiffs' FISA Section 1810 claim, the Government's motion to dismiss is GRANTED and the Agent Defendants' motions to dismiss are DENIED. (rla)
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Filing 101
ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS BASED ON THE STATE SECRETS PRIVILEGE by Judge Cormac J. Carney: (See document for details.) Accordingly, all of Plaintiffs causes of action against Defendants, aside from their FISA claim, are DISMISSED. (rla)
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| Filing 100 SUPPLEMENT AL AUTHORITY IN OPPOSITION TO INDIVIDUAL CAPACITY DEFENDANTS MOTIONS TO DISMISS filed by Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Bibring, Peter) |
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Filing 99
ORDER RE TRANSFER PURSUANT TO Local Rule 83-1.3.1 and General Order 08.05 -Related Case-, declining transfer filed. Related Case No: SACV07-01088 CJC (ANx). Transfer is DECLINED by Magistrate Judge Arthur Nakazato for the following reasons: Judge Bristow has already spent a substantial amount of time becoming familiar with the underlying facts, and it would be a waste of judicial resources to transfer the case to me at this juncture. Signed by Magistrate Judge Arthur Nakazato. (dro)
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| Filing 98 NOTICE United States Correction to Memorandum in Support of Motion to Dismiss Amended Complaint and for Summary Judgment filed by Defendant United States of America. (Handler, Stephen) |
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Filing 97
ORDER RE CONTINUING AUGUST 3, 2012 HEARING by Judge Cormac J. Carney: NOTE CHANGES HAVE BEEN MADE TO THIS DOCUMENT: Having reviewed the stipulation and request by the parties to reschedule the hearing date on all Defendants motions to dismiss Plaintiffs First Amended Complaint #95 , the Court hereby ORDERS that the hearing on the pending dispositive motions filed by all Defendants shall be continued to August 14, 2012, at 9:00 a.m. (mu)
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| Filing 95 Joint STIPULATION to Continue Hearing on MTD from August 3, 2012 to August 14, 2012 filed by Plaintiff Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Attachments: #1 Proposed Order)(Bibring, Peter) |
| Filing 96 MINUTES OF TELEPHONIC STATUS CONFERENCE RE SETTLEMENT CONFERENCE held before Magistrate Judge David T Bristow: The Court directed counsel to confer with their clients regarding the prospect of settling the action prior to the scheduled motion to dismiss on July 19, 2012.Court Recorder: RS-4 07-06-12. (ad) |
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Filing 94
IN CHAMBERS MINUTE ORDER CONTINUING HEARING ON DEFENDANTS MOTIONS TO DISMISS FIRST AMENDED COMPLAINT #55 , #57 , #58 by Judge Cormac J. Carney: The Court hereby CONTINUES the hearing on Defendants motions to dismiss firstamended complaint from July 19, 2012 at 10:00 a.m. to August 3, 2012 at 9:00 a.m. (mu)
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| Filing 93 NOTICE filed by DEFENDANTS Paul Allen, Kevin Armstrong, Pat Rose. NOTICE OF SUPPLEMENTAL AUTHORITY OF INDIVIDUAL-CAPACITY DEFENDANTS PAT ROSE, KEVIN ARMSTRONG AND PAUL ALLEN IN SUPPORT OF MOTION TO DISMISS FIRST AMENDED COMPLAINT (Attachments: #1 Exhibit)(Machala, Angela) |
| Filing 91 SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T Bristow Telephone Conference set for 7/6/2012 09:30 AM before Magistrate Judge David T Bristow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dts) TEXT ONLY ENTRY |
| Filing 90 NOTICE of Change of Attorney Information for attorney Dan Stormer counsel for Plaintiff Yassir Fazaga. Changing firm name to Hadsell Stormer Richardson & Renick LLP. Filed by plaintiff Yassir Fazaga, et al. (Stormer, Dan) |
| Filing 92 MINUTES OF Settlement Conference held before Magistrate Judge David T Bristow: A third settlement conference was held as previously scheduled. Attorneys Peter Bibring, Ahilan T. Arulanantham, Laura Moran and Reem Salahi, appeared on behalf of plaintiffs. Assistant United States Attorney Anthony Joseph Coppolino appeared on behalf defendants United States of America, Federal Bureau of Investigation, Robert Mueller, and Steven M. Martinez. Also present was Federal Bureau of Investigation Attorneys Ted Schwartz. Following consultation with the Court, and after significant discussions between the Court and counsel, the parties were unable to agree upon settlement terms. The parties indicated that they would continue to discuss settlement terms, and the Court set a telephonic status conference for Friday, July 6, 2012. The Court encouraged counsel to confer with their clients and continue to work towards a settlement, and offered to assist in any manner necessary, including engaging with the parties telephonically regarding settlement. However, the Court also indicated that the parties had until July 6, 2012, to agree to settle the matter or the Court would conclude the Courts settlement process.Court Recorder: RS-4 06-28-12. (am) |
| Filing 89 NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF MOTION TO DISMISS FIRST AMENDED COMPLAINT filed by defendants J Stephen Tidwell, Barbara Walls. (Attachments: #1 Exhibit A)(Michael, Brian) |
| SCHEDULING NOTICE of Settlement Conference by Magistrate Judge David T Bristow previously scheduled for 06/19/2012 at 9:00 a.m. has been rescheduled. Settlement Conference set for 6/28/2012 at 9:00 a.m. before Magistrate Judge David T Bristow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dsb) TEXT ONLY ENTRY |
| Filing 88 MINUTES OF TELEPHONIC STATUS CONFERENCE RE SETTLEMENT CONFERENCE held before Magistrate Judge David T Bristow: The case was called for a telephonic status conference. Attorneys Peter Bibring, Ahilan T. Arulanantham, Laura Moran, and Reem Salahi appeared on behalf of plaintiffs. Assistant United States Attorneys Anthony Joseph Coppolino and Lynn Y. Lee appeared on behalf of defendants United States of America, Federal Bureau of Investigation, Robert Mueller, and Steven M. Martinez. Assistant United States Attorney Stephen E. Handler appeared on behalf of the United States of America. Attorneys Brian R. Michael, Carl J. Nichols, Peiyin Patty Li, and Katie Moran appeared on behalf of defendants J. Stephen Tidwell and Barbara Walls. Attorney Alexander H. Cote appeared on behalf of defendants Pat Rose, Kevin Armstrong, and Paul Allen. Also present were Federal Bureau of Investigation Attorneys Ted Schwartz and Kim Schwartz. Following discussion with counsel, the Court granted the request to continue the settlement conference that was previously scheduled for June 14, 2012 to June 19, 2012, at 9:00 a.m.Court Recorder: RS-4 06-12-12. (am) |
| SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T Bristow Telephone Conference set for 6/12/2012 03:00 PM before Magistrate Judge David T Bristow. Please dial the telephone number below during the reservation date and time: Call-in Number:213.894.0800, Please follow the prompts and enter the codes below: Meeting ID:1114#User Password:3333#THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dts) TEXT ONLY ENTRY |
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Filing 87
ORDER by Judge Cormac J. Carney, granting Stipulation to Continue #86 . The hearings re Motion originally scheduled have been rescheduled re #55 .( Motion set for hearing on 7/19/2012 at 10:00 AM before Judge Cormac J. Carney.) (twdb)
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| Filing 86 Joint STIPULATION to Continue Hearing on MTD from June 13, 2012 to July 19, 2012 filed by Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Attachments: #1 Proposed Order)(Bibring, Peter) |
| SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T Bristow Third Settlement Conference previously scheduled for 5/31/12 9:30 a.m. has been rescheduled. Third Settlement Conference set for 6/14/2012 09:30 AM before Magistrate Judge David T Bristow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dts) TEXT ONLY ENTRY |
| Filing 84 NOTICE filed by defendants J Stephen Tidwell, Barbara Walls. NOTICE OF SUPPLEMENTAL AUTHORITY OF INDIVIDUAL-CAPACITY DEFENDANTS IN SUPPORT OF MOTIONS TO DISMISS FIRST AMENDED COMPLAINT (Attachments: #1 Exhibit A)(Michael, Brian) |
| Filing 85 MINUTES OF Settlement Conference held before Magistrate Judge David T Bristow:Following consultation with the Court, and after significant discussions between the Court and counsel, the parties were unable to agree upon settlement terms. The parties indicated that they would continue to discuss settlement terms, and would like to have a third settlement conference. The Court set a third settlement conference for May 31, 2012, at 10:00 a.m. without further notice. The Court encouraged counsel to continue to work towards a settlement, and offered to assist in any manner necessary, including engaging with the parties telephonically regarding settlement.Court Recorder: RS-4 03-32-12. (am) |
| SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T Bristow previously scheduled for 5/16/12 9:30 a.m. has been rescheduled. Settlement Conference set for 5/16/2012 09:15 AM before Magistrate Judge David T Bristow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dts) TEXT ONLY ENTRY |
| Filing 83 MINUTES OF TELEPHONIC STATUS CONFERENCE RE SETTLEMENT CONFERENCE held before Magistrate Judge David T Bristow: The Court and counsel discussed the status of settlement, as well as preparations for the upcoming settlement conference.Court Recorder: RS-4 03-29-12. (ad) |
| SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T Bristow Telephone Status Conference set for 5/3/2012 09:30 AM before Magistrate Judge David T Bristow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dts) TEXT ONLY ENTRY |
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Filing 82
ORDER RE CONTINUING APRIL 20, 2012 HEARING by Judge Cormac J. Carney, re Stipulation #81 : Court hereby ORDERS that the hearing on the pending dispositive motions filed by all Defendants shall be continued to June 13, 2012, at 10 a.m. (rla)
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| SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T Bristow Second Settlement Conference set for 5/16/2012 09:30 AM before Magistrate Judge David T Bristow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dts) TEXT ONLY ENTRY |
| Filing 81 STIPULATION to Continue Hearing on MTD from 04/20/2012 to 06/13/2012 filed by Plaintiff Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Attachments: #1 Proposed Order to Continue Hearing on MTD)(Bibring, Peter) |
| Filing 80 MINUTES OF SETTLEMENT CONFERENCE held before Magistrate Judge David T Bristow: Following consultation with the Court, and after significant discussionsbetween the Court and counsel, the parties were unable to agree upon settlement terms. The parties indicated that they would continue to discuss settlement terms, and would also provide tentative dates to the Court for a possible second settlement conference.Court Recorder: RS-4 03-29-12. (ad) |
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Filing 79
ORDER STIPULATION TO EXCUSE ATTENDANCE AT SETTLEMENT CONFERENCE by Magistrate Judge David T Bristow: Having reviewed the stipulation and request by the parties to excuse the presence of Defendants Pat Rose, Kevin Armstrong, Paul Allen, J. Stephen Tidwell and Barbara Walls and Plaintiffs Ali Uddin Malik and Yasser AbdelRahim, and good cause appearing, the Court hereby EXCUSES Defendants Rose, Armstrong, Allen, Tidwell and Walls and Plaintiffs Malik and AbdelRahim from attendance at the March 29, 2012 Settlement Conference. #78 (am)
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| Filing 78 STIPULATION to Waive (Excuse) Attendance at Settlement Conference filed by Defendants Paul Allen, Kevin Armstrong, Pat Rose. (Attachments: #1 Proposed Order)(Scheper, David) |
| Filing 77 CERTIFICATE of Interested Parties filed by Defendants J Stephen Tidwell, Barbara Walls, identifying J Stephen Tidwell; Hudson Specialty Insurance Company; Barbara Walls. (Michael, Brian) |
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Filing 75
ORDER by Judge Cormac J. Carney, CONTINUING HEARING DATE re Stipulation to Continue #74 : Court ORDERS that the hearing on the pending dispositive motions filed by all Defendants shall be continued to April 20, 2012 at 10 a.m. (rla)
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Filing 76
ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge David T Bristow.( Settlement Conference set for 3/29/2012 at 09:30 AM before Magistrate Judge David T Bristow.) (mrgo)
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| Filing 74 Joint STIPULATION to Continue Motions Hearing from February 10, 2012 to April 20, 2012 filed by Government Defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller. (Attachments: #1 Proposed Order)(Coppolino, Anthony) |
| Filing 73 NOTICE OF SUPPLEMENTAL AUTHORITY OF INDIVIDUAL-CAPACITY DEFENDANTS J. STEPHEN TIDWELL AND BARBARA WALLS IN SUPPORT OF MOTION TO DISMISS FIRST AMENDED COMPLAINT filed by defendants J Stephen Tidwell, Barbara Walls. (Attachments: #1 Exhibit A)(Michael, Brian) |
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Filing 72
MINUTE ORDER IN CHAMBERS REFERRAL OF MATTER FOR SETTLEMENT CONFERENCE by Magistrate Judge David T Bristow: At the request of the parties, this matter has been referred to the Honorable David T. Bristow, United States Magistrate Judge for purposes of settlement proceedings. The Honorable Victor B. Kenton shall remain as the Magistrate Judge assigned to this matter in all other respects. The parties are advised that Judge Bristow has agreed to act as the settlement officer in this matter. Counsel are directed to contact Judge Bristows Court Room Deputy, Deb Taylor at (951) 328-4466 for purposes of scheduling a settlement conference. (am)
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| Filing 71 REPLY IN SUPPORT OF MOTION to Dismiss Case First Amended Complaint #58 filed by Defendants J Stephen Tidwell, Barbara Walls. (Li, Peiyin) |
| Filing 70 REPLY In Support Of MOTION to Dismiss Case First Amended Class Action Complaint and Joinder in Motions to Dismiss by (1) Defendants United States of America, Federal Bureau of Investigation, Robert Mueller and Steven Martinez, and (2) Defendants Stephen Tidwell and Ba MOTION to Dismiss Case First Amended Class Action Complaint and Joinder in Motions to Dismiss by (1) Defendants United States of America, Federal Bureau of Investigation, Robert Mueller and Steven Martinez, and (2) Defendants Stephen Tidwell and Ba #57 filed by Defendants Paul Allen, Kevin Armstrong, Pat Rose. (Attachments: #1 Attachment: 11/3/11 Opinion in Mirmehdi v. United States)(Scheper, David) |
| Filing 69 REPLY support MOTION to Dismiss Case Amended Complaint and for Summary Judgment #55 Government Defendants' Reply in Support of Motion to Dismiss Amended Compaint and for Summary Judgment filed by Defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller, United States of America. (Coppolino, Anthony) |
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Filing 68
ORDER by Judge Cormac J. Carney, Extending Stipulation for Extension of Time to File Response/Reply #67 . It Is Ordered that Defendants respective replies to plaintiffs oppositions shall be due on January 20, 2012; A hearing on pending dispositive motions shall be held on February 10, 2012 at 10:00 a.m. ( Motion set for hearing on 2/10/2012 at 10:00 AM before Judge Cormac J. Carney.) (twdb)
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| Filing 67 Joint STIPULATION for Extension of Time to File Reply as to MEMORANDUM in Opposition to Motion #64 , Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related) #63 filed by defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller. (Attachments: #1 Proposed Order)(Lee, Lynn) |
| Filing 66 DECLARATION of Craig Monteilh In Opposition to MOTION to Dismiss Case First Amended Class Action Complaint and Joinder in Motions to Dismiss by (1) Defendants United States of America, Federal Bureau of Investigation, Robert Mueller and Steven Martinez, and (2) Defendants Stephen Tidwell and Ba MOTION to Dismiss Case First Amended Class Action Complaint and Joinder in Motions to Dismiss by (1) Defendants United States of America, Federal Bureau of Investigation, Robert Mueller and Steven Martinez, and (2) Defendants Stephen Tidwell and Ba #57 , MOTION to Dismiss Case First Amended Complaint #58 , MOTION to Dismiss Case Amended Complaint and for Summary Judgment #55 filed by Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Arulanantham, Ahilan) |
| Filing 65 DECLARATION of Ahilan Arulanantham In Opposition to MOTION to Dismiss Case First Amended Class Action Complaint and Joinder in Motions to Dismiss by (1) Defendants United States of America, Federal Bureau of Investigation, Robert Mueller and Steven Martinez, and (2) Defendants Stephen Tidwell and Ba MOTION to Dismiss Case First Amended Class Action Complaint and Joinder in Motions to Dismiss by (1) Defendants United States of America, Federal Bureau of Investigation, Robert Mueller and Steven Martinez, and (2) Defendants Stephen Tidwell and Ba #57 , MOTION to Dismiss Case First Amended Complaint #58 , MOTION to Dismiss Case Amended Complaint and for Summary Judgment #55 filed by Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Attachments: #1 Exhibit #1 - #3)(Arulanantham, Ahilan) |
| Filing 64 MEMORANDUM in Opposition to MOTION to Dismiss Case Amended Complaint and for Summary Judgment #55 filed by Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Attachments: #1 Statement of Genuine Issues)(Arulanantham, Ahilan) |
| Filing 63 In Opposition re: MOTION to Dismiss Case First Amended Class Action Complaint and Joinder in Motions to Dismiss by (1) Defendants United States of America, Federal Bureau of Investigation, Robert Mueller and Steven Martinez, and (2) Defendants Stephen Tidwell and Ba MOTION to Dismiss Case First Amended Class Action Complaint and Joinder in Motions to Dismiss by (1) Defendants United States of America, Federal Bureau of Investigation, Robert Mueller and Steven Martinez, and (2) Defendants Stephen Tidwell and Ba #57 , MOTION to Dismiss Case First Amended Complaint #58 filed by Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Attachments: #1 Attachment A - Claims Chart)(Bibring, Peter) |
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Filing 62
ORDER by Judge Cormac J. Carney, ALLOWING PARTIES TO COMBINE OPPOSITION OR REPLY BRIEFS ON MOTIONS TO DISMISS re Stipulation #61 : In filing their oppositions to Defendants' dispositive motions challenging their First Amended Complaint (Dkt. Nos. 55, 57, and 58), Plaintiffs may combine any or all of their opposition briefs, or re-allocate pages between briefs, so long as the total number of pages of all opposition briefs filed does not exceed the total of 125 pages allowed in the Court's orders of July 20, 2011 (Dkt. No. 26) and October 3, 2011 (Dkt. No. 48). (See document for further details.) (rla)
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| Filing 61 STIPULATION for Order to Allow Parties to Combine Opposition or Reply Briefs on Motions to Dismiss filed by plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Attachments: #1 Proposed Order Allowing Parties to Combine Oppositions Or Reply Briefs on Motions to Dismiss)(Bibring, Peter) |
| Filing 60 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss Case First Amended Complaint #58 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (db) |
| Filing 59 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss Case #57 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (db) |
| Filing 58 NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint filed by Defendants J Stephen Tidwell, Barbara Walls. Motion set for hearing on 1/30/2012 at 01:30 PM before Judge Cormac J. Carney. (Li, Peiyin) |
| Filing 57 NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Class Action Complaint and Joinder in Motions to Dismiss by (1) Defendants United States of America, Federal Bureau of Investigation, Robert Mueller and Steven Martinez, and (2) Defendants Stephen Tidwell and Barbara Walls filed by Defendants Paul Allen, Kevin Armstrong, Pat Rose. Motion set for hearing on 1/30/2012 at 01:30 PM before Judge Cormac J. Carney. (Scheper, David) |
| Filing 56 NOTICE OF LODGING filed of Classified Supplemental Declaration of Mark F. Giuliano, Federal Bureau of Investigation for In Camera, Ex Parte Review re MOTION to Dismiss Case Amended Complaint and for Summary Judgment #55 (Coppolino, Anthony) |
| Filing 55 NOTICE OF MOTION AND MOTION to Dismiss Case Amended Complaint and for Summary Judgment filed by Government Defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller, United States of America. Motion set for hearing on 1/30/2012 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration Christopher N. Morin, Federal Bureau of Investigation, #2 Appendix Statement of Undisputed Facts)(Coppolino, Anthony) |
| Filing 54 NOTICE of Appearance filed by attorney Stephen E Handler on behalf of Defendant United States of America (Handler, Stephen) |
| Filing 53 PROOF OF SERVICE Executed by Plaintiff Ali Uddin Malik, Yasser Abdelrahim, Yassir Fazaga, upon Defendant United States of America served on 9/15/2011, answer due 11/14/2011. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Pat Myles. Executed upon the Attorney Generals Office of the United States by delivering a copy to Unknown. Executed upon the officer agency or corporation by delivering a copy to Unknown. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Attachments: #1 Exhibit Receipt for Mail to AG)(Bibring, Peter) |
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Filing 52
ORDER by Judge Cormac J. Carney, granting Stipulation for Extension of Time to File Response/Reply #51 . (twdb)
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| Filing 51 Joint STIPULATION for Extension of Time to File Response to First Amended Complaint filed by Defendant Federal Bureau of Investigation, Steven M Martinez, Robert Mueller. (Attachments: #1 Proposed Order)(Coppolino, Anthony) |
| Filing 50 NOTICE OF SERVICE filed by plaintiff Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik, re Amended Complaint, #49 served on 9/13/2011. (Bibring, Peter) |
| 60 DAY Summons Issued re First Amended Complaint, #49 as to defendant(s) United States of America. (rla) |
| Filing 49 FIRST AMENDED COMPLAINT against defendants Paul Allen, Kevin Armstrong, Federal Bureau of Investigation, Steven M Martinez, Robert Mueller, Pat Rose, J Stephen Tidwell, Barbara Walls, Does 1-10; amending Complaint - (Discovery) #1 ; filed by plaintiffs Ali Uddin Malik, Yasser Abdelrahim, Yassir Fazaga (Attachments: #1 PART 2, #2 PART 3)(rla) (Additional attachment(s) added on 9/15/2011: #3 SUMMONS ISSUED) (rla). |
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Filing 48
ORDER by Judge Cormac J. Carney, granting Stipulation for Extension of Time to Amend #47 . Plaintiffs First Amended Complaint shall be due on September 13, 2011; See order for more information. (twdb)
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| Filing 47 Joint STIPULATION for Extension of Time to Amend Complaint - (Discovery), Complaint - (Discovery) #1 filed by Plaintiff Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Attachments: #1 Proposed Order)(Bibring, Peter) |
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Filing 46
MINUTES (IN CHAMBERS): ORDER by Judge Cormac J. Carney: DENYING #39 Ex Parte Application: Plaintiffs' ex parte application is DENIED. The Court needs to consider the Government's classified submissions in order to conduct a "searching judicial review" of the basis for and merits of the Government's assertion of the state secrets privilege. (rla)
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| Filing 45 NOTICE OF ERRATA filed by Defendants Paul Allen, Kevin Armstrong, Pat Rose. correcting MOTION to Dismiss Plaintiffs' Class Action Complaint ; Notice of Joinder in Motions to Dismiss by (1) Defendants FBI, Robert Mueller, and Steven Martinez and (2) Defendants Stephen Tidwell and Barbara Walls MOTION to Dismiss Plaintiffs' Class Action Complaint ; Notice of Joinder in Motions to Dismiss by (1) Defendants FBI, Robert Mueller, and Steven Martinez and (2) Defendants Stephen Tidwell and Barbara Walls #41 (Attachments: #1 Exhibit 1 - CORRECTED Motion to Dismiss)(Machala, Angela) |
| Filing 44 JOINDER in EX PARTE APPLICATION for Order for Staying Review of Defendants' Ex Parte In Camera Submissions #39 JOINDER TO GOVERNMENT DEFENDANTS' RESPONSE TO PLAINTIFFS' EX PARTE APPLICATION filed by Defendant Pat Rose. (Cote, Alexander) |
| Filing 43 OPPOSITION to EX PARTE APPLICATION for Order for Staying Review of Defendants' Ex Parte In Camera Submissions #39 filed by Defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller. (Attachments: #1 Exhibit 1)(Lee, Lynn) |
| Filing 42 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants J Stephen Tidwell, Barbara Walls. Motion set for hearing on 11/14/2011 at 01:30 PM before Judge Cormac J. Carney. (Li, Peiyin) |
| Filing 41 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Class Action Complaint ; Notice of Joinder in Motions to Dismiss by (1) Defendants FBI, Robert Mueller, and Steven Martinez and (2) Defendants Stephen Tidwell and Barbara Walls filed by defendants Paul Allen, Kevin Armstrong, Pat Rose. Motion set for hearing on 11/14/2011 at 01:30 PM before Judge Cormac J. Carney. (Scheper, David) |
| Filing 40 NOTICE of Appearance filed by attorney Katie Moran on behalf of Defendants J Stephen Tidwell, Barbara Walls (Moran, Katie) |
| Filing 39 EX PARTE APPLICATION for Order for Staying Review of Defendants' Ex Parte In Camera Submissions filed by Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Attachments: #1 Proposed Order)(Bibring, Peter) |
| Filing 38 NOTICE of Appearance filed by attorney Angela Machala on behalf of Defendants Paul Allen, Kevin Armstrong, Pat Rose (Machala, Angela) |
| Filing 37 NOTICE of Appearance filed by attorney David C Scheper on behalf of Defendants Paul Allen, Kevin Armstrong, Pat Rose (Scheper, David) |
| Filing 36 NOTICE OF LODGING filed Notice of Lodging of Classified In Camera, Ex Parte Supplemental Memorandum by Government Defendants re MOTION to Dismiss Case and for Summary Judgment #32 (Coppolino, Anthony) |
| Filing 35 NOTICE OF LODGING filed Notice of Lodging of Classified In Camera, Ex Parte Declaration of Mark F. Giuliano, Federal Bureau of Investigation re MOTION to Dismiss Case and for Summary Judgment #32 (Coppolino, Anthony) |
| Filing 34 EXHIBIT 1-3 to MOTION to Dismiss Case and for Summary Judgment #32 Exhibits to Public Declaration of Mark F. Giuliano, Federal Bureau of Investigation filed by Defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller. (Coppolino, Anthony) |
| Filing 33 DECLARATION of Mark F. Giuliano, Federal Bureau of Investigation in Support of MOTION to Dismiss Case and for Summary Judgment #32 filed by Defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller. (Coppolino, Anthony) |
| Filing 32 NOTICE OF MOTION AND MOTION to Dismiss Case and for Summary Judgment filed by Defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller. Motion set for hearing on 11/14/2011 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration Christopher N. Morin, FBI, #2 Appendix Statement of Material Facts, #3 Declaration Attorney General Eric H. Holder)(Coppolino, Anthony) |
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Filing 31
ORDER RE: EXTENSION OF TIME FOR DEFENDANTS TO ANSWER OR OTHERWISE RESPOND TOCOMPLAINT; REVISION TO BRIEFING AND HEARING SCHEDULE by Judge Cormac J. Carney: This Court hereby ORDERS as follows: (1) The time for DOJ to file its motion to dismiss shall be extended until August 1, 2011; the time for the individual-capacity defendants to file their motions to dismiss shall be extended until August 9, 2011; the time for plaintiffs to file opposition briefs to all defendants motions shall be extended until October 14, 2011; and the time for all defendants to file their reply briefs shall be extended until October 28, 2011. (see document for details) (mu)
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| Filing 30 Joint STIPULATION for Extension of Time to File Answer filed by Defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller. (Attachments: #1 Declaration Declaration of Anthony J. Coppolino, U.S. Department of Justice, #2 Proposed Order)(Coppolino, Anthony) |
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Filing 29
ORDER by Judge Cormac J. Carney: granting #22 Application to Appear Pro Hac Vice by Attorney CArl J. Nichols on behalf of J. Stephen Tidwell and Barbara Wells, designating Brian R. Michael as local counsel. (lt)
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Filing 28
ORDER by Judge Cormac J. Carney: granting #21 Application to Appear Pro Hac Vice by Attorney Annie L. Owens on behalf of J. Stephen Tidwell and Barbara Wells, designating Brian R. Michael as local counsel. (lt)
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Filing 27
ORDER by Judge Cormac J. Carney: granting #20 Application to Appear Pro Hac Vice by Attorney Howard M. Shapiro on behalf of J. Stephen Tidwell and Barbara Wells, designating Brian R. Michael as local counsel. (lt)
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Filing 26
ORDER granting Stipulation to Extend Time to Answer or Otherwise Respond to Complaint #23 by Judge Cormac J. Carney: (1) U.S. Department of Justice, on behalf of FBI and Robert Mueller and Steven M. Martinez, deadline to file its contemplated motion to dismiss shall be extended until 7/26/11; the time for J. Stephen Tidwell, Barbara Walls, Pat Rose, Kevin Armstrong, and Paul Allen to file their motions to dismiss shall be extended until 8/2/11 at 5:00 p.m. PDT; the time for Plaintiffs to file opposition briefs to all Defendants' motions shall be extended until 10/7/11; and the time for all Defendants to file their reply briefs shall be extended until 10/21/11; (2) That the date for a hearing on all Defendants' motions to dismiss shall be 11/7/11 at 1:30 p.m.; (3) That the time for Plaintiffs to amend their Complaint pursuant to Fed.R.Civ.P 15(a)(1)(B) as to all Defendants shall be 21 days from the date the individual-capacity Defendants file their motions to dismiss; and (4) That the parties' briefs in support of or in opposition to Defendants' motions to dismiss shall not exceed 35 pages. (rla)
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| Filing 25 NOTICE of Change of Attorney Information for attorney Amos Alexander Lowder counsel for Defendant Pat Rose. Adding Amos A. Lowder as attorney as counsel of record for Defendants Pat Rose, Kevin Armstrong and Paul Allen for the reason indicated in the G-06 Notice. Filed by Defendants Pat Rose, Kevin Armstrong and Paul Allen (Lowder, Amos) |
| Filing 24 NOTICE of Change of Attorney Information for attorney Alexander H Cote counsel for Defendant Pat Rose. Adding Alexander H. Cote as attorney as counsel of record for Defendants Pat Rose, Kevin Armstrong and Paul Allen for the reason indicated in the G-06 Notice. Filed by Defendant Pat Rose, Kevin Armstrong, Paul Allen (Cote, Alexander) |
| Filing 23 Joint STIPULATION for Extension of Time to File Answer filed by Defendant J Stephen Tidwell, Barbara Walls. (Attachments: #1 Proposed Order RE: Extension of Time for Defendants to Answer or Otherwise Respond to Complaint and Request for Extension of Page Limits)(Michael, Brian) |
| Filing 22 APPLICATION for attorney Carl J. Nichols to Appear Pro Hac Vice (PHV FEE PAID) filed by Defendants J Stephen Tidwell, Barbara Walls. Lodged Proposed Order. (Attachments: #1 Proposed Order)(nbo) |
| Filing 21 APPLICATION for attorney Annie L. Owens to Appear Pro Hac Vice (PHV FEE PAID) filed by Defendants J Stephen Tidwell, Barbara Walls. (nbo) |
| Filing 20 APPLICATION for attorney Howard M. Shapiro to Appear Pro Hac Vice (PHV FEE PAID.) filed by Defendant J Stephen Tidwell, Barbara Walls. Lodged Proposed Order. (Attachments: #1 Proposed Order)(nbo) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Ali Uddin Malik, Yasser Abdelrahim, Yassir Fazaga, upon Plaintiff Paul Allen served on 4/8/2011, answer due 7/22/2011; Kevin Armstrong served on 4/8/2011, answer due 7/22/2011; Pat Rose served on 4/8/2011, answer due 7/22/2011; Barbara Walls served on 4/8/2011, answer due 7/22/2011. Service of the Summons and Complaint were executed upon Kimberly Harberson, Clerk authorized to accept service in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Bibring, Peter) |
| Filing 18 WAIVER OF SERVICE Returned Executed filed by plaintiff Ali Uddin Malik, Yasser Abdelrahim, Yassir Fazaga. upon J Stephen Tidwell waiver sent by Plaintiff on 3/3/2011, answer due 7/22/2011. Waiver of Service signed by J. Stephen Tidwell. (Bibring, Peter) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Ali Uddin Malik, Yasser Abdelrahim, Yassir Fazaga, upon Defendant Federal Bureau of Investigation served on 3/3/2011, answer due 7/22/2011; Steven M Martinez served on 3/3/2011, answer due 7/22/2011; Robert Mueller served on 3/3/2011, answer due 7/22/2011. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Pat Myles. Executed upon the Attorney Generals Office of the United States by delivering a copy to illegible. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Attachments: #1 Exhibit POS Atty General, #2 Exhibit POS Govt. Defendants)(Bibring, Peter) |
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Filing 16
ORDER granting Stipulation to Extend Time to Answer (More than 30 days) #14 , defendant Paul Allen answer due 7/22/2011; Kevin Armstrong answer due 7/22/2011; Federal Bureau of Investigation answer due 7/22/2011; Steven M Martinez answer due 7/22/2011; Robert Mueller answer due 7/22/2011; Pat Rose answer due 7/22/2011; J Stephen Tidwell answer due 7/22/2011; Barbara Walls answer due 7/22/2011 by Judge Cormac J. Carney (twdb)
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| Filing 15 NOTICE of Appearance filed by attorney Peiyin Patty Li on behalf of Defendants J Stephen Tidwell, Barbara Walls (Li, Peiyin) |
| Filing 14 Joint STIPULATION for Extension of Time to File Answer to July 22, 2011 filed by defendants J Stephen Tidwell, Barbara Walls. (Attachments: #1 Proposed Order re Extension of Time to Answer or Otherwise Respond to Complaint and Briefing Schedule)(Michael, Brian) |
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Filing 13
ORDER by Judge Cormac J. Carney granting Stipulation to Extend Time to Answer #11 : Court hereby ORDERS that: (i) the date on which the Official Capacity Defendants must respond to the Complaint shall be extended to June 7, 2011; and that (ii) the date on which Defendant Stephen Tidwell must respond to the Complaint shall also be extended to June 7, 2011. (rla)
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Filing 12
ORDER by Judge Cormac J. Carney, re Stipulation to Defer Class Certification Proceedings #10 : Court hereby ORDERS that Plaintiffs are relieved from the requirement set forth in Local Rule 23-3 that a motion for class certification be filed within 90 days after service of a pleading purporting to commence a class action. (See document for further details.) (rla)
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| Filing 11 STIPULATION for Extension of Time to File Answer to June 7, 2011 re Complaint - (Discovery), Complaint - (Discovery) #1 filed by plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Attachments: #1 Proposed Order re: Stipulation to Extend Time for Initial Response to Complaint)(Bibring, Peter) |
| Filing 10 STIPULATION for Order To Defer Class Certification Proceedings filed by plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malik. (Attachments: #1 Proposed Order Re: Stipulation to Defer Class Certification Proceedings)(Bibring, Peter) |
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Filing 9
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge James V. Selna, for the reasons set forth on this order. Related Case No. SACV10-00102 JVS (RNBx) (ade)
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| Filing 8 RESPONSE filed by Plaintiffs Yasser Abdelrahim, Yassir Fazaga, Ali Uddin Malikto Notice of Related Case(s) #7 (Attachments: #1 Exhibit)(Bibring, Peter) |
| Filing 7 NOTICE of Related Case(s) filed by defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller. Related Case(s): 10-102 (Lee, Lynn) |
| Filing 6 NOTICE of Appearance filed by attorney Lynn Y Lee on behalf of Defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller (Lee, Lynn) |
| Filing 5 NOTICE of Appearance filed by attorney Anthony Joseph Coppolino on behalf of Defendants Federal Bureau of Investigation, Steven M Martinez, Robert Mueller (Coppolino, Anthony) |
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Filing 4
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: SACV07-01088 CJC (ANx). Case transferred from Judge Josephine Staton Tucker to Judge Cormac J. Carney for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV11-00301 CJC (VBKx). Signed by Judge Cormac J. Carney. (dro)
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| Filing 3 NOTICE of Related Case(s) filed by Plaintiffs Yasser Abdelrahim, Yassir Fazaga and Ali Uddin Malik. Related Case(s): 8:07-cv-01088-CJC(ANx). (lwag) |
| Filing 2 NOTICE of Interested Parties filed by Plaintiffs Yasser Abdelrahim, Yassir Fazaga and Ali Uddin Malik. (lwag) |
| Filing 1 COMPLAINT against Defendants Paul Allen, Kevin Armstrong, Federal Bureau of Investigation, Steven M Martinez, Robert Mueller, Pat Rose, J Stephen Tidwell and Barbara Walls. Case assigned to Judge Josephine Staton Tucker for all further proceedings. Discovery referred to Magistrate Judge Victor B. Kenton.(Filing fee $ 350 Paid). Jury Demanded. Filed by Plaintiffs Ali Uddin Malik, Yasser Abdelrahim and Yassir Fazaga.(lwag) |
| 60 DAY Summons Issued re Complaint - (Discovery), Complaint - (Discovery) #1 as to Defendants Paul Allen, Kevin Armstrong, Federal Bureau of Investigation, Steven M Martinez, Robert Mueller, Pat Rose, J Stephen Tidwell and Barbara Walls. (lwag) |
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