AL-AULAQI v. OBAMA et al
| NASSER AL-AULAQI |
| BARACK H. OBAMA, LEON C. PANETTA and ROBERT M. GATES |
| 1:2010cv01469 |
| August 30, 2010 |
| US District Court for the District of Columbia |
| Washington, DC Office |
| 11001 |
| John D. Bates |
| Other Civil Rights |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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Filing 32
ORDER granting 15 defendants' motion to dismiss and denying 3 plaintiff's motion for a preliminary injunction as moot. See text of Order and accompanying Memorandum Opinion for details. Signed by Judge John D. Bates on 12/7/10.(lcjdb1)
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Filing 31
MEMORANDUM OPINION. Signed by Judge John D. Bates on 12/7/10. (lcjdb1)
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| Filing 30 TRANSCRIPT OF PROCEEDINGS before Judge John D. Bates held on 11/8/10; Page Numbers: 1 - 122. Date of Issuance:12/1/10. Court Reporter/Transcriber Bryan A. Wayne, Telephone number 202-354-3186, Court Reporter Email Address : bryanawayne@verizon.net.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 12/22/2010. Redacted Transcript Deadline set for 1/1/2011. Release of Transcript Restriction set for 3/1/2011.(Wayne, Bryan) |
| Minute Entry: Motion Hearing held on 11/8/2010 before Judge John D. Bates: re 3 MOTION for Preliminary Injunction filed by NASSER AL-AULAQI, and 15 MOTION to Dismiss filed by LEON C. PANETTA, ROBERT M. GATES, BARACK H. OBAMA ; motions heard and taken under advisement. (Court Reporter Bryan Wayne) (tb, ) |
| MINUTE ENTRY: The motion hearing scheduled for Monday, November 8, 2010 at 2 p.m. will be held in Ceremonial Courtroom 20 on the sixth floor, not in Courtroom 8 on the fourth floor, as previously scheduled. (lcjdb2) |
| Set/Reset Hearings: Motion Hearing reset for 11/8/2010 02:00 PM in Courtroom 8 before Judge John D. Bates. (tb, ) |
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MINUTE ORDER: Pursuant to plaintiff's request (to which defendants have not objected) made during the parties' joint telephone conference held with chambers on this date, it is hereby ORDERED as follows: the motions hearing currently set for October 22, 2010 is CANCELLED and RESET for November 8, 2010 at 2:00 pm in Courtroom 8. The parties have agreed that no further briefing shall be submitted prior to the hearing, absent new factual developments in the case. At the hearing on November 8, 2010, the Court will hear argument only from the parties in this case, and not from any amici who have filed briefs with the Court. The Court will hear first from defendants, then from plaintiff, and then defendants' rebuttal, if any, and plaintiff's sur-rebuttal, if any. Each side shall have a total of one (1) hour to argue, which they may apportion as they see fit. SO ORDERED. Signed by Judge John D. Bates on 10/19/10. (lcjdb1)
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| Filing 29 REPLY to opposition to motion re 15 MOTION to Dismiss filed by ROBERT M. GATES, BARACK H. OBAMA, LEON C. PANETTA. (Attachments: # 1 Exhibit, # 2 Exhibit)(Leary, Peter) |
| Filing 28 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT M. GATES served on 9/1/2010 (Spitzer, Arthur) |
| Filing 27 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BARACK H. OBAMA served on 9/10/2010 (Spitzer, Arthur) |
| Filing 26 MOTION for Extension of Time to File Response/Reply by ROBERT M. GATES, BARACK H. OBAMA, LEON C. PANETTA (Attachments: # 1 Text of Proposed Order)(Leary, Peter) |
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MINUTE ORDER: Upon consideration of 26 defendants' motion for extension of time to file a response/reply to 24 25 plaintiff's memorandum in opposition to 15 defendants' motion to dismiss, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendants may file a reply in support of 15 their previously filed motion to dismiss by not later than noon (12:00 pm) on October 18, 2010. SO ORDERED. Signed by Judge John D. Bates on 10/13/10. (lcjdb1)
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| Filing 25 Memorandum in opposition to re 15 MOTION to Dismiss filed by NASSER AL-AULAQI. (Attachments: # 1 Declaration of Bernard Haykel, # 2 Declaration of Mary Ellen O'Connell, # 3 Declaration of Jonathan Manes)(Spitzer, Arthur) |
| Filing 24 REPLY to opposition to motion re 3 MOTION for Preliminary Injunction filed by NASSER AL-AULAQI. (Attachments: # 1 Declaration of Bernard Haykel, # 2 Declaration of Mary Ellen O'Connell, # 3 Declaration of Jonathan Manes)(Spitzer, Arthur) |
| Filing 23 MOTION for Leave to File Excess Pages by NASSER AL-AULAQI (Attachments: # 1 Text of Proposed Order)(Wizner, Benjamin) |
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MINUTE ORDER: Upon consideration of 23 plaintiff's unopposed motion to file excess pages, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that plaintiff's memorandum in opposition to defendants' motion to dismiss and in reply to defendants' opposition to plaintiff's motion for a preliminary injunction shall not exceed 55 pages in length. Signed by Judge John D. Bates on 10/7/10. (lcjdb1)
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| Filing 22 AMICUS BRIEF by ALLIED EDUCATIONAL FOUNDATION, JOHN D ALTENBURG, JAMES J. CAREY, ADRIAN CRONAUER, THOMAS L. HEMINGWAY, STEVEN B. KANTROWITZ, JACK W. KLIMP, ALFRED L. MICHAUD, NATIONAL DEFENSE COMMITTEE, WILLIAM D. PIVARNIK, PETER J. REYNIERSE, ERIC ROJO, NORMAN T. SAUNDERS, THOMAS A. SMITH, WASHINGTON LEGAL FOUNDATION. (znmw, ) |
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MINUTE ORDER: Upon consideration of 21 the motion of Jack W. Klimp et al. for leave to file an amicus curiae brief in support of 15 defendants' motion to dismiss, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the brief of Jack W. Klimp et al. as amicus curiae in support of defendants' motion to dismiss is hereby accepted and deemed filed as of this date. SO ORDERED. Signed by Judge John D. Bates on 10/6/10. (lcjdb1)
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| Filing 21 MOTION for Leave to File Amicus Curiae Brief in Support of Defendants' Motion to Dismiss by JACK W. KLIMP, JOHN D ALTENBURG, JAMES J. CAREY, STEVEN B. KANTROWITZ, NORMAN T. SAUNDERS, THOMAS L. HEMINGWAY, ALFRED L. MICHAUD, WILLIAM D. PIVARNIK, ERIC ROJO, PETER J. REYNIERSE, THOMAS A. SMITH, ADRIAN CRONAUER, WASHINGTON LEGAL FOUNDATION, NATIONAL DEFENSE COMMITTEE, ALLIED EDUCATIONAL FOUNDATION (Attachments: # 1 Text of Proposed Order, # 2 Proposed Amicus Brief)(znmw, ) |
| Filing 20 AMICUS BRIEF by VETERANS OF FOREIGN WARS OF THE US. (dr) |
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MINUTE ORDER: Upon consideration of 19 the unopposed motion of The Veterans of Foreign Wars of the United States for leave to file an amicus curiae brief in support of 15 defendants' motion to dismiss, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the brief of The Veterans of Foreign Wars of the United States as amicus curiae in support of defendants' motion to dismiss is hereby accepted and deemed filed as of this date. SO ORDERED. Signed by Judge John D. Bates on 10/1/10. (lcjdb1)
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| Filing 19 MOTION for Leave to File Amicus Curiae by VETERANS OF FOREIGN WARS OF THE US (Attachments: # 1 Text of Proposed Order, # 2 Proposed Amicus Curiae)(rdj) |
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MINUTE ORDER: Upon consideration of 14 defendants' motion for leave to file out of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED. Signed by Judge John D. Bates on 9/27/10. (lcjdb1)
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| Filing 18 NOTICE of Lodging of in camera, ex parte classified declaration by ROBERT M. GATES, BARACK H. OBAMA, LEON C. PANETTA re 15 MOTION to Dismiss (Leary, Peter) |
| Filing 17 NOTICE of Lodging of in camera, ex parte classified declaration by ROBERT M. GATES, BARACK H. OBAMA, LEON C. PANETTA re 15 MOTION to Dismiss (Leary, Peter) |
| Filing 16 NOTICE of Lodging of in camera, ex parte classified declaration by ROBERT M. GATES, BARACK H. OBAMA, LEON C. PANETTA re 15 MOTION to Dismiss (Leary, Peter) |
| Filing 15 MOTION to Dismiss by ROBERT M. GATES, BARACK H. OBAMA, LEON C. PANETTA (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Text of Proposed Order)(Leary, Peter) |
| Filing 14 MOTION for leave to file out of time by ROBERT M. GATES, BARACK H. OBAMA, LEON C. PANETTA (Leary, Peter) |
| Filing 13 Unopposed MOTION for Leave to File Excess Pages by ROBERT M. GATES, BARACK H. OBAMA, LEON C. PANETTA (Attachments: # 1 Text of Proposed Order)(Leary, Peter) |
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MINUTE ORDER: Upon consideration of 13 defendants' unopposed motion to file excess pages in support of their opposition to plaintiff's motion for a preliminary injunction, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendants' memorandum in support of their opposition to plaintiff's motion for a preliminary injunction shall not exceed 60 pages in length. Signed by Judge John D. Bates on 9/23/10.(lcjdb1).
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| Filing 12 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 09/02/2010. (Spitzer, Arthur) |
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MINUTE ORDER: Upon consideration of the parties' representations during the teleconference held on September 3, 2010, and the entire record herein, it is hereby ORDERED that defendants shall respond to 3 plaintiff's motion for a preliminary injunction by not later than September 24, 2010; plaintiff may file a response in support of his motion by not later than October 8, 2010. The Court will hold a motions hearing on October 22, 2010 at 2:00 p.m. in Courtroom 8. SO ORDERED. Signed by Judge John D. Bates on 9/7/2010. (lcjdb1)
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| Minute Entry: Telephone Conference held on 9/2/2010 before Judge John D. Bates. ( No Court Reporter) (tb, ) |
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MINUTE ORDER: Upon consideration of 8 , 9 , 10 , 11 plaintiff's motions for leave for Jameel Jaffer, Ben Wizner, Pardiss Kebriaei, and Maria C. LaHood to appear pro hac vice, and the entire record herein, it is hereby ORDERED that the motions are GRANTED. Signed by Judge John D. Bates on 9/2/2010. (lcjdb1)
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| Filing 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Maria C. LaHood, :Firm- Center for Constitutional Rights, :Address- 666 Broadway, 7th fl., New York, NY 10012. Phone No. - 212-614-6430. Fax No. - (212) 614-6499 by NASSER AL-AULAQI (Attachments: # 1 Declaration of Maria C. LaHood, # 2 Text of Proposed Order)(Spitzer, Arthur) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Pardiss Kebriaei, :Firm- Center for Constitutional Rights, :Address- 666 Broadway, 7th fl., New York, NY 10012. Phone No. - (212) 614-6452. Fax No. - (212) 614-6499 by NASSER AL-AULAQI (Attachments: # 1 Declaration of Pardiss Kebriaei, # 2 Text of Proposed Order)(Spitzer, Arthur) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ben Wizner, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York, NY 10004. Phone No. - 212-519-7860. Fax No. - 212-549-2651 by NASSER AL-AULAQI (Attachments: # 1 Declaration of Ben Wizner, # 2 Text of Proposed Order)(Spitzer, Arthur) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jameel Jaffer, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York, NY 10004. Phone No. - 212-519-7814. Fax No. - 212-549-2651 by NASSER AL-AULAQI (Attachments: # 1 Declaration of Jameel Jaffer, # 2 Text of Proposed Order)(Spitzer, Arthur) |
| Filing 7 Consent MOTION for Extension of Time to File an Opposition to Plaintiff's Motion for a Preliminary Injunction and for Entry of an Order Setting Forth Deadlines by ROBERT M. GATES, BARACK H. OBAMA, LEON C. PANETTA (Attachments: # 1 Text of Proposed Order)(Leary, Peter) |
| Filing 6 NOTICE of Appearance by Peter Decklin Leary on behalf of ROBERT M. GATES, BARACK H. OBAMA, LEON C. PANETTA (Leary, Peter) |
| Filing 5 NOTICE of Appearance by Anthony J. Coppolino on behalf of ROBERT M. GATES, BARACK H. OBAMA, LEON C. PANETTA (Coppolino, Anthony) |
| Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. BARACK H. OBAMA served on 8/30/2010, answer due 10/29/2010 (Spitzer, Arthur) |
| Filing 3 MOTION for Preliminary Injunction by NASSER AL-AULAQI (Attachments: # 1 Memorandum in Support, # 2 Declaration Ben Wizner, # 3 Exhibits, # 4 Declaration Nassar Al-Aulaqi, # 5 Text of Proposed Order)(dr) |
| Filing 2 NOTICE OF RELATED CASE by NASSER AL-AULAQI. Case related to Case No. 10-1303. (dr) |
| Filing 1 COMPLAINT against ROBERT M. GATES, BARACK H. OBAMA, LEON C. PANETTA ( Filing fee $ 350, receipt number 4616032287) filed by NASSER AL-AULAQI. (Attachments: # 1 Civil Cover Sheet)(dr) |
| SUMMONS (5) Issued as to ROBERT M. GATES, BARACK H. OBAMA, LEON C. PANETTA, U.S. Attorney and U.S. Attorney General (dr) |
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