COUNCIL ON AMERICAN-ISLAMIC RELATIONS v. GAUBATZ et al

Plaintiff: COUNCIL ON AMERICAN-ISLAMIC RELATIONS
Defendant: PAUL DAVID GAUBATZ, CHRIS GAUBATZ and JOHN AND JANE DOE
Case Number: 1:2009cv02030
Filed: October 29, 2009
Court: District Of Columbia District Court
Office: Washington, DC Office
County: 11001
Presiding Judge: Colleen Kollar-Kotelly
Nature of Suit: Plaintiff
Cause of Action: 28:1331 Fed. Question
Jury Demanded By: Plaintiff

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Date Filed#Document Text
November 3, 2009 10 Opinion or Order of the Court MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on November 3, 2009. (lcckk2 )
September 17, 2012 125 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER. For the reasons set forth herein, the CSP Defendants' 97 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Count One of the Second Amended Complaint (Federal and D.C. Wiretap Acts) is DISMISSED insofar as Plaintiffs seek to hold the CSP Defendants (or any other Defendant) liable (1) under a theory of secondary liability, with respect to both the Federal and D.C. Wiretap Acts and (2) under a theory of procurement liability, with respect to the Federal Wiretap Act only. Count Two of the Second Amended Complaint (Stored Communications Act) is DISMISSED (1) against the CSP Defendants (and any other Defendant) insofar as Plaintiffs rely on a theory of secondary liability and (2) against the CSP Defen dants insofar as Plaintiffs rely on a theory of primary liability. The motion is otherwise DENIED. Plaintiffs' 112 Motion to Amend is GRANTED IN PART and DENIED IN PART. The motion is DENIED insofar as Plaintiffs seek to assert claims agains t either SANE or Yerushalmi (1) under the Federal Wiretap Act using a theory of procurement liability, (2) under the Federal or D.C. Wiretap Acts using a theory of secondary liability, and (3) under the Stored Communications Act using a theory of sec ondary liability. Plaintiffs' motion is otherwise GRANTED. The Clerk of the Court shall accept Plaintiffs' [112-1] Third Amended Complaint for filing. By no later than October 1, 2012, Plaintiffs shall effect service of the Summons and T hird Amended Complaint on SANE and Yerushalmi and file proof of service with the Court. If Plaintiffs fail to effect service of process by the designated date, the Court will dismiss this action without prejudice against SANE and Yerushalmi. No ext ensions will be granted absent compelling circumstances. On November 5, 2012, at 9:00 a.m., a Status Hearing shall be held before Judge Colleen Kollar-Kotelly in Courtroom 28A of the United States Courthouse for the United States District Court for the District of Columbia at 333 Constitution Ave., N.W., Washington, D.C. 20001. As a result of the Court's prior decisions and today's decision, the following claims in the Third Amended Complaint are not viable: (1)Count One (Federal and D.C. Wiretap Acts), insofar as Plaintiffs: (a) seek relief under the Federal Wiretap Act against any Defendant under a theory of procurement liability; or (b) seek relief under either the Federal or D.C. Wiretap Acts against any Defendant under a the ory of secondary liability;(2)Count Two (Stored Communications Act), insofar as Plaintiffs: (a) seek relief against any Defendant under a theory of secondary liability; or (b) seek relief against the CSP Defendants under a theory of primary liability; and(3)Count Three (Conversion) insofar as Plaintiffs seek relief against any Defendant for the conversion of electronic data. Signed by Judge Colleen Kollar-Kotelly on September 17, 2012. (lcckk3)
March 27, 2014 172 Opinion or Order of the Court MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on March 27, 2014. (lcckk1)
June 24, 2011 73 Opinion or Order of the Court MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on June 24, 2011. (lcckk3)

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Plaintiff: COUNCIL ON AMERICAN-ISLAMIC RELATIONS
Represented By: Daniel Marino
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Defendant: PAUL DAVID GAUBATZ
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Defendant: CHRIS GAUBATZ
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Defendant: JOHN AND JANE DOE
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