COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC., et al v. GAUBATZ et al
Plaintiff: COUNCIL ON AMERICAN-ISLAMIC RELATIONS, CAIR-FOUNDATION, INC. and COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.
Defendant: CHRIS GAUBATZ, PAUL DAVID GAUBATZ, DAVID MARSHALL, JOHN AND JANE DOE, CENTER FOR SECURITY POLICY, INC., CHRISTINE BRIM, ADAM SAVIT, SARAH PAVLIS, DAVID YERUSHALMI and SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE
Interested Party: UNITED STATES OF AMERICA
Case Number: 1:2009cv02030
Filed: October 29, 2009
Court: US District Court for the District of Columbia
Office: Washington, DC Office
County: 11001
Presiding Judge: Colleen Kollar-Kotelly
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2018 Opinion or Order Filing 266 SUPPLEMENTAL MEMORANDUM to #262 Defendants Supplemental Brief filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Gill, Faisal) Modified on 9/19/2018 to add linkage (ztd).
August 24, 2018 Opinion or Order MINUTE ORDER: The Court has received Gaubatz Defendants' #264 Explanation and Plaintiffs' #265 Response thereto, submitted pursuant to the Court's Minute Order of July 24, 2018. The Court understands that it was only by oversight that the #260 Joint Motion to Extend Briefing Schedule for Motions-in-Limine did not mention that it sought extension for supplemental briefing by Gaubatz Defendants, in addition to that by CSP Defendants. Plaintiffs take no position on Gaubatz Defendants' explanation. Accordingly, the Court shall allow the Gaubatz Defendants' #262 supplemental briefing and #263 attachments to be considered on the merits. Signed by Judge Colleen Kollar-Kotelly on August 24, 2018. (lcckk1)
August 8, 2018 Opinion or Order Filing 265 RESPONSE re #264 Response to Document Gaubatz Defendants' Explanation filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Gill, Faisal)
July 30, 2018 Opinion or Order Filing 264 RESPONSE Explanation Per Minute order of 7/24/2018 filed by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (Horowitz, Daniel)
July 25, 2018 Opinion or Order Set/Reset Deadlines: By 8/1/2018, Gaubatz Defendants shall submit a notice; Plaintiffs shall respond by 8/8/2018. (kt)
July 24, 2018 Opinion or Order Set/Reset Deadlines: Gaubatz Defendants' notice due by 8/1/2018. Plaintiffs' Response due by 8/8/2018. (dot)
July 17, 2018 Opinion or Order Filing 263 LARGE ADDITIONAL ATTACHMENTS TO SUPPLEMENTAL MEMORANDUM to These are JUST the exhibits to the previously filed document (262) filed by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Horowitz, Daniel) Modified text on 7/17/2018 (ztd).
July 16, 2018 Opinion or Order Filing 262 SUPPLEMENTAL MEMORANDUM to filed by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (Attachments: #1 Appendix, #2 Errata Exhibits are not accepted will contact ECF staff in am)(Horowitz, Daniel)
July 16, 2018 Opinion or Order Filing 261 SUPPLEMENTAL MEMORANDUM to re Order on Motion for Extension of Time to,,,,,, #259 Order on Motion in Limine,,,,,, Set/Reset Deadlines/Hearings,, filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Yerushalmi, David)
April 4, 2018 Opinion or Order Set/Reset Deadlines: CSP Defendants shall file any supplemental briefing pursuant to #259 by 7/16/2018. Plaintiffs shall submit any responsive supplemental briefing pursuant to #259 by 9/17/2018. (dot)
April 4, 2018 Opinion or Order MINUTE ORDER: The Court has received the parties' #260 Joint Motion to Extend Briefing Schedule for Motions-in-Limine, with respect to the supplemental briefing called for by this Court's #259 Memorandum Opinion and Order of March 29, 2018. CSP Defendants seek an eleven-week extension from the April 30, 2018, deadline ordered by the Court. For their responsive briefing, Plaintiffs seek an extension of approximately seventeen weeks from the May 22, 2018, deadline ordered by the Court. In addition to citing religious observances and counsel's trial calendars, the parties submit that the extensions should be granted because "most of the evidentiary issues raised in the motions-in-limine are key issues of dispute between and among the parties and that the Court's rulings on these matters will have a substantive and material impact on the trial." In the interest of effective briefing so as to facilitate this trial efficiently, the Court shall GRANT the parties' #260 Motion for good cause shown. CSP Defendants shall file any supplemental briefing pursuant to this Court's #259 Memorandum Opinion and Order on or before JULY 16, 2018. Plaintiffs shall submit any responsive supplemental briefing pursuant to this Court's #259 Memorandum Opinion and Order on or before SEPTEMBER 17, 2018. No further extensions of either deadline shall be granted. Signed by Judge Colleen Kollar-Kotelly on April 4, 2018. (lcckk1 )
March 30, 2018 Opinion or Order Filing 260 Joint MOTION for Extension of Time to File Supplemental Briefing re Motions-in-Limine by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI (Attachments: #1 Text of Proposed Order)(Yerushalmi, David)
March 29, 2018 Opinion or Order Filing 259 MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART CSP Defendants' #248 Motion in Limine; and DENYING WITHOUT PREJUDICE Plaintiffs' #249 Motions in Limine, pending supplemental briefing by the parties. Defendants' supplemental briefing is due by 4/30/2018. Plaintiffs' response to Defendants' supplemental briefing is due by 5/22/2018. See Memorandum Opinion and Order for complete details regarding this Court's rulings on the various motions in limine and detailed instructions regarding the supplemental briefing. Signed by Judge Colleen Kollar-Kotelly on 03/29/2018. (DM) Modified event title on 3/29/2018 (zdot).
March 26, 2018 Opinion or Order Filing 258 MEMORANDUM OPINION AND ORDER granting in part and denying in part the Gaubatz Defendants' #247 Motions in Limine. With regard to the seven Motions in Limine contained therein, Defendants' Motion in Limine No. 4 is GRANTED; Motions in Limine Nos. 2 and 7 are DENIED; Motion in Limine No. 1 is DENIED AS MOOT; and Motions in Limine Nos. 3, 5, and 6 are GRANTED IN PART and DENIED IN PART. Signed by Judge Colleen Kollar-Kotelly on 3/26/2018. (DM) Modified event title on 3/27/2018 (znmw).
October 24, 2017 Opinion or Order MINUTE ORDER: The Court has received Plaintiffs' #256 Motion for Substitution of Counsel. For good cause shown, that Motion is GRANTED, and Attorney Faisal Gill is substituted for Attorney Haytham Faraj, as counsel for the Plaintiffs. Signed by Judge Colleen Kollar-Kotelly on 10/24/2017. (lcckk1)
September 13, 2017 Opinion or Order Filing 257 NOTICE of Appearance by Faisal Mahmood Gill on behalf of All Plaintiffs (Gill, Faisal)
September 12, 2017 Opinion or Order Filing 256 MOTION to Substitute Counsel by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Text of Proposed Order)(Faraj, Haytham)
June 2, 2017 Opinion or Order Filing 255 NOTICE of Change of Address by David Eliezer Yerushalmi (Yerushalmi, David)
May 10, 2017 Opinion or Order Filing 254 REPLY to opposition to motion re #248 MOTION in Limine filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (Yerushalmi, David)
May 10, 2017 Opinion or Order MINUTE ORDER: The Court has received the #239 Pretrial Statement, the objections thereto, and the parties' respective motions in limine. A preliminary review of these materials leads the Court to conclude that a pretrial conference in this matter, at this time, would be premature. Accordingly, the pretrial conference currently scheduled for May 15, 2017 at 9:30 A.M. is VACATED. The pretrial materials currently with the Court indicate that the primary trial-related dispute between the parties stems from the admissibility of evidence regarding Plaintiffs' alleged engagement in terrorist, criminal, or discriminatory practices. Nonetheless, in the Court's view, the materials do not adequately address the merits of either admitting or precluding evidence with respect to these alleged practices, especially as they pertain to the specific elements of the claims at issue in this matter. For this reason, the Court shall, subsequently, issue an order requiring additional briefing on these issues, and setting a new date for a pretrial conference in this matter. This order shall include specific instructions regarding the particular legal and factual points that must be addressed, and the manner in which those points should be addressed. In the Court's view, additional briefing shall facilitate the resolution of these issues, which shall greatly reduce the number of contested pretrial issues, and consequently, shall facilitate the efficient administration of the pretrial process, to the benefit of all involved. Signed by Judge Colleen Kollar-Kotelly on 5/10/2017. (lcckk1)
May 5, 2017 Opinion or Order Filing 253 Memorandum in opposition to re #249 MOTION in Limine of Plaintiff CAIR filed by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (Attachments: #1 Exhibit)(Horowitz, Daniel) (Main Document 253 replaced on 5/8/2017) (znmw). (Attachment 1 replaced on 5/8/2017) (znmw).
May 5, 2017 Opinion or Order Filing 252 Memorandum in opposition to re #247 First MOTION in Limine Nos 1-7 filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Attachments: #1 Text of Proposed Order)(Faraj, Haytham)
May 5, 2017 Opinion or Order Filing 251 Memorandum in opposition to re #248 MOTION in Limine filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Attachments: #1 Text of Proposed Order)(Faraj, Haytham)
May 5, 2017 Opinion or Order Filing 250 Memorandum in opposition to re #249 MOTION in Limine filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (Attachments: #1 Text of Proposed Order)(Yerushalmi, David)
April 28, 2017 Opinion or Order Filing 249 MOTION in Limine by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Text of Proposed Order)(Faraj, Haytham)
April 28, 2017 Opinion or Order Filing 248 MOTION in Limine by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI (Attachments: #1 Text of Proposed Order)(Yerushalmi, David)
April 10, 2017 Opinion or Order Set/Reset Deadlines: Motions in Limine due by 4/28/2017. Responses due by 5/5/2017. Replies due by 5/12/2017. (dot)
April 10, 2017 Opinion or Order MINUTE ORDER: The Court has received the parties' #246 Joint Motion for Enlargement of Time. For good cause shown, it is hereby ORDERED that the parties' Motion is GRANTED; and it is FURTHER ORDERED that the pretrial schedule set forth in the Court's #237 Order is further modified to the following extent: (i) motions in limine shall be filed with the Court by no later than APRIL 28, 2017; (ii) oppositions shall be filed by no later than MAY 5, 2017; and (iii) replies, if any, shall be filed by no later than MAY 12, 2017. Signed by Judge Colleen Kollar-Kotelly on 4/10/2017. (lcckk1)
April 7, 2017 Opinion or Order Filing 247 First MOTION in Limine Nos 1-7 by CHRIS GAUBATZ, PAUL DAVID GAUBATZ (Horowitz, Daniel)
April 6, 2017 Opinion or Order Filing 246 Joint MOTION for Extension of Time to file motions-in-limine by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI (Attachments: #1 Text of Proposed Order)(Yerushalmi, David)
March 21, 2017 Opinion or Order Filing 245 RESPONSE re #239 Pretrial Statement by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (Horowitz, Daniel) Modified event title on 3/22/2017 (znmw).
March 21, 2017 Opinion or Order Filing 244 REPLY re #239 Pretrial Statement by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Faraj, Haytham) Modified event title on 3/22/2017 (znmw).
March 21, 2017 Opinion or Order Filing 243 RESPONSE re #239 Pretrial Statement by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Faraj, Haytham) Modified event title on 3/22/2017 (znmw).
March 21, 2017 Opinion or Order Filing 242 RESPONSE re #239 Pretrial Statement by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Faraj, Haytham) Modified event title on 3/22/2017 (znmw).
March 21, 2017 Opinion or Order Filing 241 RESPONSE re #239 Pretrial Statement by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (Yerushalmi, David) Modified event title on 3/22/2017 (znmw).
March 21, 2017 Opinion or Order Filing 240 RESPONSE re #239 Pretrial Statement by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (Yerushalmi, David) Modified event title on 3/22/2017 (znmw).
March 21, 2017 Opinion or Order Filing 239 PRETRIAL STATEMENT by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (Yerushalmi, David)
January 23, 2017 Opinion or Order Set/Reset Deadlines: Responses to motions in limine due by 4/28/2017. Replies due by 5/5/2017. (dot)
January 23, 2017 Opinion or Order MINUTE ORDER: Upon consideration of the parties' #238 Joint Motion for Extension of Time, and for good cause shown, it is hereby ORDERED that the parties' Motion is GRANTED; and it is FURTHER ORDERED that the pretrial schedule set forth in the Court's #237 Order is modified to the following extent: (i) the deadline for the filing of any oppositions to motions in limine is extended from April 21, 2017 to April 28, 2017; and (ii) the deadline for the filing of any replies in support of motions in limine is extended from April 28, 2017 to May 5, 2017. The other dates and obligations set forth in the Court's #237 Order remain unchanged. Signed by Judge Colleen Kollar-Kotelly on 1/23/2017. (lcckk1)
January 13, 2017 Opinion or Order Filing 238 Joint MOTION for Extension of Time to File Response/Reply re: any motions-in-limine by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI (Attachments: #1 Text of Proposed Order)(Yerushalmi, David)
January 12, 2017 Opinion or Order Set/Reset Deadlines/Hearings: Pretrial Conference set for 5/15/2017 at 09:30 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot)
January 12, 2017 Opinion or Order Filing 237 ORDER denying Plaintiffs' #234 Motion for Relief from Pretrial Order, VACATING Pretrial Conference Set for 4/25/2017, and modifying the pretrial schedule adopted by the #233 Pretrial Schedule and Procedures Order. Signed by Judge Colleen Kollar-Kotelly on 1/12/2017. (lcckk1)
January 8, 2017 Opinion or Order Filing 236 RESPONSE re #234 MOTION Relief from Pretrial Order based on Defendants' Misconduct filed by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (Attachments: #1 Affidavit, #2 Exhibit)(Horowitz, Daniel)
January 8, 2017 Opinion or Order Filing 235 RESPONSE re #234 MOTION Relief from Pretrial Order based on Defendants' Misconduct filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (Attachments: #1 Text of Proposed Order)(Yerushalmi, David)
January 6, 2017 Opinion or Order Filing 234 MOTION Relief from Pretrial Order based on Defendants' Misconduct by COUNCIL ON AMERICAN-ISLAMIC RELATIONS (Attachments: #1 Memorandum in Support Motion for Relief from Court's Pretrial Order, #2 Exhibit 1, #3 Text of Proposed Order)(Faraj, Haytham)
September 6, 2016 Opinion or Order Filing 233 ORDER granting the parties' #232 Joint MOTION for Enlargement of Time, VACATING Pretrial Conference Set for 2/24/2017; and issuing revised Pretrial Scheduling and Procedures Order setting deadlines for pretrial proceedings. Signed by Judge Colleen Kollar-Kotelly on 9/6/2016. (lcckk2) (Main Document 233 replaced on 9/6/2016) (dot). Modified on 9/6/2016 to correct the date (dot).
September 6, 2016 Opinion or Order Set/Reset Deadlines/Hearings: Joint Pretrial Statement due by 2/28/2017. Motion in Limine due by 3/17/2017. Response due by 3/31/2017. Reply due by 4/7/2017. Pretrial Conference set for 4/25/2017 at 09:30 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot)
September 2, 2016 Opinion or Order Filing 232 Joint MOTION for Extension of Time to Comply with Pretrial Scheduling Dates by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI (Attachments: #1 Text of Proposed Order)(Yerushalmi, David)
March 21, 2016 Opinion or Order Filing 231 PRETRIAL SCHEDULING AND PROCEDURES ORDER. See document for details. Signed by Judge Colleen Kollar-Kotelly on 3/21/2016. (lcckk2)
March 18, 2016 Opinion or Order Set/Reset Deadlines/Hearings: Pretrial Statement due by 11/15/2016. Motions in limine due by 11/30/2016. Responses due by 12/14/2016. Replies due by 12/23/2016. Pretrial Conference set for 2/24/2017 at 09:30 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot)
March 18, 2016 Opinion or Order Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Status Conference held on 3/18/2016. (Court Reporter Lisa Foradori.) (dot)
March 18, 2016 Opinion or Order Filing 230 First MOTION for Order Allowing David Yerulshalmi to Appear at Status Conference by CHRIS GAUBATZ, PAUL DAVID GAUBATZ (Attachments: #1 Declaration Declaration In Support of Motion, #2 Text of Proposed Order Proposed Order)(Horowitz, Daniel)
March 18, 2016 Opinion or Order Filing 229 TRIAL PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 3/18/2016. (lcckk2)
March 18, 2016 Opinion or Order MINUTE ORDER granting, as modified here, the Gaubatz Defendants' #230 Motion to Allow David Yershulami to Appear for Chris Gaubatz and David Gaubatz. Daniel Horowitz shall participate in the Status Conference by telephone in order to join in the scheduling of future proceedings and in order to obviate any future "snafus." In addition, to the extent it is necessary to have someone present in person, David Yerushalmi may represent the Gaubatz Defendants, as well. Signed by Judge Colleen Kollar-Kotelly on 3/18/2016. (lcckk2)
December 31, 2015 Opinion or Order Set/Reset Hearings: Status Conference set for 3/18/2016 at 01:30 PM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot)
December 31, 2015 Opinion or Order MINUTE ORDER (paperless): In light of the parties' #228 Joint Notice and this Court's Minute Order issued on December 30, 2015, the Status Hearing scheduled for January 8, 2016, is VACATED and a Status Hearing to discuss pretrial matters is SET for MARCH 18, 2016, at 1:30 P.M. in Court Room 28A. Accordingly, Plaintiffs' #227 Unopposed MOTION To Appear Via Telephone is DENIED AS MOOT and the Gaubatz Defendants' #226 Unopposed MOTION to Grant Leave for David Yerushalmi to represent Gaubatz Defendants' Interests at Jan. 8 Status Conference is DENIED AS MOOT. Signed by Judge Colleen Kollar-Kotelly on 12/31/2015. (lcckk2)
December 30, 2015 Opinion or Order Filing 228 NOTICE (JOINT) re Status Conference Scheduling by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI (Yerushalmi, David)
December 30, 2015 Opinion or Order MINUTE ORDER (paperless). The Court has received Plaintiff's #227 Unopposed Motion To Appear Via Telephone and the Gaubatz Defendants' #226 Unopposed Motion to Grant Leave for David Yerushalmi to represent Gaubatz Defendants' Interests at Jan. 8 Status Conference. In light of the subjects to be discussed at this Status Hearing, including the requirements for the Joint Pretrial Statement and any motions in limine, as well as setting related deadlines, it would be preferable for the attorneys representing each party in this case to be able to participate in the Status Hearingin person if possible. However, it may be possible to reschedule the Status Hearing to accommodate the schedules of the attorneys representing the various parties in this case. Accordingly, the parties shall consult with each other and shall file a joint Notice proposing THREE dates and blocks of time that would enable maximum participation of the attorneys in this case. Such Notice shall be filed no later than JANUARY 6, 2016. The Court encourages the parties to consult with the Court's public calendar through the website of the District Court in proposing such times; in particular, the Court draws the parties' attention to the jury trials scheduled to commence in the months to come. (In addition, with respect to the motion of the Gaubatz Defendants, if it ultimately proves impossible to schedule an alternate a time, the Court notes that it wishes to ensure that the parties themselves have consented to have a different attorney representing them.) Signed by Judge Colleen Kollar-Kotelly on 12/30/2015. (lcckk2)
December 30, 2015 Opinion or Order Set/Reset Deadline: Notice shall be filed no later than 1/6/2016. (kt)
December 29, 2015 Opinion or Order Filing 227 Unopposed MOTION To Appear Via Telephone by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Amarin, Matthew)
December 28, 2015 Opinion or Order Filing 226 Unopposed MOTION to Grant Leave for David Yerushalmi to represent Gaubatz Defendants' Interests at Jan. 8 Status Conference by CHRIS GAUBATZ, PAUL DAVID GAUBATZ (Attachments: #1 Text of Proposed Order)(Yerushalmi, David)
December 21, 2015 Opinion or Order Filing 225 NOTICE of Appearance by Matthew M. Amarin on behalf of All Plaintiffs (Amarin, Matthew) (Main Document 225 replaced on 12/22/2015) (znmw).
December 17, 2015 Opinion or Order Set/Reset Hearings: Status Conference set for 1/8/2016 at 01:00 PM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot)
December 17, 2015 Opinion or Order Filing 224 MEMORANDUM OPINION and ORDER denying Plaintiffs' #220 Motion to Reopen Discovery for Limited Purpose of Disclosing Expert Witnesses. Signed by Judge Colleen Kollar-Kotelly on 12/17/2015. (lcckk2)
December 17, 2015 Opinion or Order MINUTE ORDER (paperless). In light of the #224 Memorandum Opinion and Order issued this day and the parties' #221 Joint Status Report, the Court hereby SETS a Status Hearing in this case for JANUARY 8, 2016, at 1 P.M., in Courtroom 28A, to discuss pretrial matters (including the deadline and required contents for the Joint Pretrial Statement and for any motions in limine) and to set a date for the Pretrial Conference. Signed by Judge Colleen Kollar-Kotelly on 12/17/2015. (lcckk2)
October 20, 2015 Opinion or Order Filing 223 REPLY to opposition to motion re #220 MOTION to Reopen Discovery for Limited Purpose of Disclosing Expert Witnesses filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Faraj, Haytham)
October 14, 2015 Opinion or Order Filing 222 Memorandum in opposition to re #220 MOTION to Reopen Discovery for Limited Purpose of Disclosing Expert Witnesses filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order Denying Motion)(Yerushalmi, David)
October 14, 2015 Opinion or Order Filing 221 Joint STATUS REPORT filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Faraj, Haytham)
October 14, 2015 Opinion or Order Filing 220 MOTION to Reopen Discovery for Limited Purpose of Disclosing Expert Witnesses by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Text of Proposed Order)(Faraj, Haytham)
October 5, 2015 Opinion or Order Filing 219 NOTICE OF WITHDRAWAL OF APPEARANCE as to COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. Attorney Frank T. Allen terminated. (Dill, John)
October 5, 2015 Opinion or Order Filing 218 NOTICE OF WITHDRAWAL OF APPEARANCE as to CAIR-FOUNDATION, INC.. Attorney Frank T. Allen terminated. (Dill, John)
October 5, 2015 Opinion or Order Filing 217 NOTICE OF WITHDRAWAL OF APPEARANCE as to CAIR-FOUNDATION, INC.. Attorney John W. Dill terminated. (Dill, John)
October 2, 2015 Opinion or Order Filing 216 NOTICE of Appearance by Haytham Faraj on behalf of CAIR-FOUNDATION, INC. (Faraj, Haytham)
October 2, 2015 Opinion or Order Filing 215 NOTICE OF WITHDRAWAL OF APPEARANCE as to CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. Attorney Michael N. Hanna terminated. (Attachments: #1 Text of Proposed Order)(Hanna, Michael)
October 2, 2015 Opinion or Order NOTICE OF ERROR re #214 Motion to Withdraw as Attorney; emailed to mhanna@forthepeople.com, cc'd 15 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. Entered in error; Refile as a Notice of Withdrawal of Appearance (znmw, )
October 2, 2015 Opinion or Order MINUTE ORDER (paperless). Attorney Michael Hanna's recent filings withdrawing as counsel for Plaintiffs, see ECF Nos. #214 , #215 , have brought to the Court's attention some lack of clarity regarding the attorneys now representing Plaintiffs CAIR-Foundation ("CAIR-F") and CAIR-Action Network ("CAIR-AN"). Hanna's filings represent that Haytham Faraj and Jenifer Wicks will continue to appear as attorneys for Plaintiffs. But the docket does not reflect that representation. Wicks previously filed a #202 Notice of Withdrawal and has not subsequently filed a Notice Appearance. Faraj filed a #213 Notice of Appearance only on behalf of CAIR-AN. If Wicks and Faraj intend to represent both Plaintiffs, they must file notices of appearance to that effect. Moreover, it appears that other counsel remain listed on the docket but may no longer be representing Plaintiffs. Attorney John Dill filed a #207 Notice of Withdrawal of Appearance; it appears that he may have intended to withdraw his appearance with respect to both Plaintiffs but that he mistakenly only filed the document with respect to CAIR-AN and, thus, the docket suggests that he continues to represent CAIR-F. Similarly, the docket continues to reflect that Frank Allen continues to represent CAIR-F and CAIR-AN although that may no longer be correct. In sum, by no later than OCTOBER 8, 2015, counsel for plaintiffs shall file the appropriate notices of withdrawal and notices of appearance to ensure that the docket reflect the current state of Plaintiffs' representation and to ensure that Hanna's #215 Notice of Withdrawal stands on a proper basis. Signed by Judge Colleen Kollar-Kotelly on 10/2/2015. (lcckk2)
October 2, 2015 Opinion or Order Set/Reset Deadline: By no later than 10/8/2015, counsel for plaintiffs shall file the appropriate notices of withdrawal and notices of appearance. (kt)
October 1, 2015 Opinion or Order Filing 214 ENTERED IN ERROR.....Endorsed MOTION to Withdraw as Attorney by Michael N. Hanna by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Text of Proposed Order)(Hanna, Michael) Modified on 10/2/2015 (znmw).
September 25, 2015 Opinion or Order Filing 213 NOTICE of Appearance by Haytham Faraj on behalf of COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Faraj, Haytham)
September 25, 2015 Opinion or Order Filing 212 NOTICE of Appearance by Jenifer Wicks on behalf of All Plaintiffs (Wicks, Jenifer)
September 25, 2015 Opinion or Order MINUTE ORDER (paperless). Plaintiffs' #211 Second Unopposed Motion for Extension of Time is to File a Joint Status Report is GRANTED. The parties shall file a Joint Status Report by no later than OCTOBER 14, 2015, informing the Court how the parties wish to proceed in this matter. If the parties require an additional extension, beyond October 14, they shall provide more specifics regarding the need for such an extension. Signed by Judge Colleen Kollar-Kotelly on 9/25/2015. (lcckk2)
September 25, 2015 Opinion or Order Set/Reset Deadline: The parties shall file a Joint Status Report by no later than 10/14/2015, informing the Court how the parties wish to proceed in this matter. (kt)
September 24, 2015 Opinion or Order Filing 211 Unopposed MOTION for Extension of Time to file Joint Status Report by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Text of Proposed Order)(Hanna, Michael)
September 16, 2015 Opinion or Order MINUTE ORDER (paperless). Plaintiffs' #209 Unopposed Motion for Extension of Time is to File a Joint Status Report is GRANTED, nunc pro tunc. The parties shall file a Joint Status Report by no later than SEPTEMBER 30, 2015, informing the Court how the parties wish to proceed in this matter. Upon the filing of that Joint Status Reportassuming the parties intend to proceed to trial in this matterthe Court will schedule a Status Hearing to discuss pretrial matters. Signed by Judge Colleen Kollar-Kotelly on 9/16/2015. (lcckk2)
September 15, 2015 Opinion or Order Filing 210 STATUS REPORT by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (Yerushalmi, David)
September 15, 2015 Opinion or Order Filing 209 Unopposed MOTION for Extension of Time to File A Joint Status Report by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Hanna, Michael)
August 24, 2015 Opinion or Order Set/Reset Deadlines: Joint Status Report due by 9/15/2015. (dot)
August 24, 2015 Opinion or Order Filing 208 MEMORANDUM OPINION and ORDER denying Defendants' #198 MOTION for Reconsideration re #172 Memorandum & Opinion, #171 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on 8/24/2015. (lcckk2)
August 6, 2015 Opinion or Order Filing 207 NOTICE OF WITHDRAWAL OF APPEARANCE as to COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. Attorney John W. Dill terminated. (Dill, John)
July 29, 2015 Opinion or Order Filing 206 REPLY to opposition to motion re #198 MOTION for Reconsideration re #172 Memorandum & Opinion, #171 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (Yerushalmi, David)
July 15, 2015 Opinion or Order Filing 205 NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES OF AMERICA. Attorney Lynn E. Haaland terminated. (td)
July 15, 2015 Opinion or Order Filing 204 Memorandum in opposition to re #198 MOTION for Reconsideration re #172 Memorandum & Opinion, #171 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment filed by CAIR-FOUNDATION, INC.. (Dill, John)
July 15, 2015 Opinion or Order NOTICE OF ERROR re #203 Memorandum in Opposition; emailed to jenifer@jwickslaw.com, cc'd 10 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. In future, ECF login must match attorney signature on document. (znmw, )
July 14, 2015 Opinion or Order Filing 203 Memorandum in opposition to re #198 MOTION for Reconsideration re #172 Memorandum & Opinion, #171 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Wicks, Jenifer)
July 1, 2015 Opinion or Order Filing 202 NOTICE OF WITHDRAWAL OF APPEARANCE as to CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. Attorney Reshad Staitieh and Jenifer Wicks terminated. (Wicks, Jenifer)
June 30, 2015 Opinion or Order Filing 201 NOTICE of Filing of Declarations as Ordered by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. re Order on Motion for Leave to Appear Pro Hac Vice, (Attachments: #1 Declaration Michael Hanna, #2 Declaration John Dill, #3 Declaration Frank Allen)(Wicks, Jenifer)
June 29, 2015 Opinion or Order Filing 200 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael N. Hanna, :Firm- Morgan & Morgan, P.A., :Address- 600 N. Pine Island Road Suite 400, Plantation, FL 33324. Phone No. - 954-318-0268. Fax No. - 954-327-3015 Filing fee $ 100, receipt number 0090-4155079. Fee Status: Fee Paid. by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Text of Proposed Order, #2 Declaration Michael N Hanna, #3 Declaration John Dill, #4 Declaration Frank Allen)(Wicks, Jenifer)
June 29, 2015 Opinion or Order Filing 199 ENTERED IN ERROR..... MOTION FOR THE ADMISSION OF ATTORNEYS MICHAEL HANNA, JOHN W. DILL, AND FRANK T. ALLEN TO BE ADMITTED AS COUNSEL PRO HAC VICE by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Text of Proposed Order, #2 Declaration Michael Hanna, #3 Declaration John Dill, #4 Declaration Frank T. Allen)(Wicks, Jenifer) Modified on 6/29/2015 (znmw).
June 29, 2015 Opinion or Order NOTICE OF ERROR re #199 Motion for Miscellaneous Relief; emailed to jenifer@jwickslaw.com, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. Entered in error; Refile as a Motion to Appear Pro Hac Vice and pay filing fee for each attorney. (znmw, )
June 29, 2015 Opinion or Order MINUTE ORDER (paperless). The #200 Motion for the Admission of Attorneys Michael Hanna, John W. Dill, and Frank T. Allen To Be Admitted as Counsel Pro Hac Vice is GRANTED CONTINGENT on each attorney filing a declaration certifying familiarity with this Court's Local Rules by no later than JULY 6, 2015. Counsel shall register for this Court's CM/ECF system. Signed by Judge Colleen Kollar-Kotelly on 6/29/2015. (lcckk2)
June 15, 2015 Opinion or Order Filing 198 MOTION for Reconsideration re #172 Memorandum & Opinion, #171 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Yerushalmi, David)
June 5, 2015 Opinion or Order Set/Reset Deadlines: Defendants' second Motion for Reconsideration due by 6/15/2015. Response due by 7/14/2015; Reply due by 7/30/2015. (dot)
June 5, 2015 Opinion or Order MINUTE ORDER (paperless). The Court has received and considered the parties #197 Joint Motion for Enlargement of Time. In order to accommodate Plaintiffs' retention of new trial counsel and in order to facilitate the efficient resolution of all issues in this case, the Motion is GRANTED. Defendants shall file the expected second Motion for Reconsideration by no later than JUNE 15, 2015, as previously ordered by the Court; Plaintiffs' new trial counsel shall make a formal appearance in this matter by no later than JUNE 30, 2015; Plaintiff shall file any response to Defendants' Motion for Reconsideration by no later than JULY 14, 2015; and Defendants shall file any Reply in support of their motion by JULY 30, 2015. The parties shall file a Joint Status Report within 21 days of the Court's resolution of the expected Motion for Reconsideration, informing the Court how they wish to proceed in this action. Signed by Judge Colleen Kollar-Kotelly on 6/5/2015. (lcckk2)
June 4, 2015 Opinion or Order Filing 197 Joint MOTION for Extension of Time to File Joint Status Report and to Brief Rule 54(b) Motion for Reconsideration by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI (Attachments: #1 Text of Proposed Order)(Yerushalmi, David)
March 26, 2015 Opinion or Order Set/Reset Deadlines: Joint Status Report due by 6/15/2015. (dot )
March 26, 2015 Opinion or Order MINUTE ORDER (paperless). The Court has received and considered the parties #196 Joint Motion for Enlargement of Time. The parties represent that Plaintiffs intend to engage outside counsel for any trial in this matter, and, as a result, the parties request an extension of time to file the Joint Status Report required by the Court's previous Order dated March 6, 2015, and for Defendant to consider whether to file any Rule 54(b) motion for reconsideration. The Motion is GRANTED. By no later than JUNE 15, 2015, the parties shall file the Joint Status Report required by the Court's previous Order, and Defendant shall file any Rule 54(b) motion for reconsideration. Signed by Judge Colleen Kollar-Kotelly on 3/26/2015. (lcckk2)
March 25, 2015 Opinion or Order Filing 196 Joint MOTION FOR ENLARGEMENT OF TIME by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Text of Proposed Order)(Wicks, Jenifer)
March 6, 2015 Opinion or Order Filing 195 MEMORANDUM AND OPINION. Signed by Judge Colleen Kollar-Kotelly on 3/6/2015. (lcckk2)
March 6, 2015 Opinion or Order Filing 194 ORDER granting in part and denying in part Defendants' #180 Renewed Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on 3/6/2015. (lcckk2)
March 6, 2015 Opinion or Order Filing 193 ORDER denying #175 Motion for Reconsideration. Signed by Judge Colleen Kollar-Kotelly on 3/6/2015. (lcckk2)
August 26, 2014 Opinion or Order Filing 192 NOTICE OF SUBSTITUTION OF COUNSEL by Jenifer Wicks on behalf of All Plaintiffs Substituting for attorney Gadeir Abbas and Lena F. Masri (Wicks, Jenifer)
August 11, 2014 Opinion or Order Filing 191 NOTICE OF SUBSTITUTION OF COUNSEL by Jenifer Wicks on behalf of All Plaintiffs Substituting for attorney Nina Kraut and Joseph A. Scrofano (Wicks, Jenifer)
August 8, 2014 Opinion or Order Filing 190 NOTICE of Appearance by Lena F. Masri on behalf of All Plaintiffs (Masri, Lena)
July 1, 2014 Opinion or Order Filing 189 REPLY to opposition to motion re #186 MOTION to Withdraw as Attorney filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Scrofano, Joseph)
July 1, 2014 Opinion or Order Filing 188 NOTICE of Appearance by Joseph A. Scrofano on behalf of All Plaintiffs (Scrofano, Joseph)
July 1, 2014 Opinion or Order MINUTE ORDER (paperless). In light of the #188 Notice of Entry of Appearance of Joseph A. Scrofano as Counsel of Record for Plaintiffs and the #189 Reply to Defendants' Response to Plaintiffs' Motion For Leave to Withdraw Appearance, the #186 Motion for Leave to Withdraw Appearance is GRANTED. See LCvR 83.6(b) ("If no trial date has been set, an attorney may withdraw an appearance in a civil action by filing a notice of withdrawal signed by the attorney and the party represented, if another attorney has previously entered an appearance on behalf of the party."). Signed by Judge Colleen Kollar-Kotelly on July 1, 2014. (lcckk1)
June 30, 2014 Opinion or Order Filing 187 RESPONSE re #186 MOTION to Withdraw as Attorney filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (Yerushalmi, David)
June 30, 2014 Opinion or Order Filing 186 MOTION to Withdraw as Attorney by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Exhibit Consent to Withdrawal of Appearance)(Kraut, Nina)
June 25, 2014 Opinion or Order Filing 185 REPLY to opposition to motion re #180 MOTION for Summary Judgment filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (Yerushalmi, David)
June 19, 2014 Opinion or Order Filing 184 NOTICE of Change of Address by Nina Kraut (Kraut, Nina)
June 12, 2014 Opinion or Order Filing 183 Memorandum in opposition to re #180 MOTION for Summary Judgment filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Kraut, Nina)
June 9, 2014 Opinion or Order Filing 182 REPLY to opposition to motion re #175 MOTION for Reconsideration re #172 Memorandum & Opinion, #171 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (Yerushalmi, David)
May 23, 2014 Opinion or Order Filing 181 Memorandum in opposition to re #175 MOTION for Reconsideration re #172 Memorandum & Opinion, #171 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit Plaintiffs' Exhibit 85)(Kraut, Nina)
May 23, 2014 Opinion or Order Filing 180 MOTION for Summary Judgment by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Yerushalmi, David)
May 22, 2014 Opinion or Order Filing 179 NOTICE OF FAMILIARITY WITH LOCAL RULES FROM RESHAD STAITIEH by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. re Order on Motion for Leave to Appear Pro Hac Vice, (Kraut, Nina)
May 19, 2014 Opinion or Order Filing 178 NOTICE OF WITHDRAWAL OF APPEARANCE as to CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. Attorney Munia Jabbar terminated. (Jabbar, Munia)
May 19, 2014 Opinion or Order Filing 177 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Reshad Staitieh, :Firm- Council on American-Islamic Relations, :Address- 453 New Jersey Ave. SE, Washington D.C. 20003. Phone No. - 202 742 6423. Fax No. - 202 488 0833 by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Declaration Declaration of Reshad Staitieh)(Kraut, Nina)
May 19, 2014 Opinion or Order MINUTE ORDER (paperless). The #177 Motion for Pro Hac Vice Appearance of Reshad Staitieh is GRANTED contingent upon Mr. Staitieh certifying familiarity with the Local Rules of this Court by no later than MAY 23, 2014. Mr. Staitieh shall register with this Court's CM/ECF system. Signed by Judge Colleen Kollar-Kotelly on May 19, 2014. (lcckk1)
April 25, 2014 Opinion or Order Filing 176 NOTICE of Additional Briefing on Common Law and Statutory Claims by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. re #171 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, #172 Memorandum & Opinion (Attachments: #1 Exhibit List of Exhibits, #2 Exhibit Exhibit 75, #3 Exhibit Exhibit 76, #4 Exhibit Exhibit 77, #5 Exhibit Exhibit 78, #6 Exhibit Exhibit 79, #7 Exhibit Exhibit 80, #8 Exhibit Exhibit 81, #9 Exhibit Exhibit 82, #10 Exhibit Exhibit 83, #11 Exhibit Exhibit 84)(Kraut, Nina)
April 24, 2014 Opinion or Order Set/Reset Deadlines: Plainitffs' Responses due by 5/23/2014. Defendants' Replies due by 6/12/2014. (dot )
April 24, 2014 Opinion or Order MINUTE ORDER (paperless). The Court is in receipt of Defendants' #175 Motion for Reconsideration. Plaintiffs shall file their opposition by no later than MAY 23, 2014. Defendants shall file their reply by no later than JUNE 12, 2014. Signed by Judge Colleen Kollar-Kotelly on April 24, 2014. (lcckk1)
April 23, 2014 Opinion or Order Filing 175 MOTION for Reconsideration re #172 Memorandum & Opinion, #171 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Yerushalmi, David)
April 18, 2014 Opinion or Order MINUTE ORDER (paperless). Plaintiffs' #173 Motion to Extend the Time Within Which to File Notice Pursuant to 27 March 2014 Order is DENIED. In its March 27, 2014 #171 Order, the Court generously provided Plaintiffs more than four weeks to clarify damages arguments that should have been set out in their initial summary judgment briefing. The Court will not provide Plaintiffs additional time and allow for further delay in this already long-standing litigation. Plaintiffs' citation to the press of business in other cases is unavailing. Plaintiffs have had substantial notice of this filing deadline, and to the extent this case represents Plaintiffs' own litigation, rather than their representation of another, it should enjoy priority. Accordingly, the Notice required by this Court's March 27, 2014 #171 Order remains due April 25, 2014. Signed by Judge Colleen Kollar-Kotelly on April 18, 2014. (lcckk1)
April 17, 2014 Opinion or Order Filing 174 RESPONSE re #173 MOTION for Extension of Time to File notice filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (Attachments: #1 Text of Proposed Order)(Yerushalmi, David)
April 17, 2014 Opinion or Order Filing 173 MOTION for Extension of Time to File notice by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Kraut, Nina)
March 27, 2014 Opinion or Order Filing 172 MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on March 27, 2014. (lcckk1)
March 27, 2014 Opinion or Order Filing 171 ORDER GRANTING IN PART and DENYING IN PART Defendants' #154 Motion for Summary Judgment; DENYING Plaintiff CAIR-F's #156 Motion for Partial Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on March 27, 2014. (lcckk1)
March 5, 2014 Opinion or Order Filing 170 NOTICE by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. re Order,,, (Attachments: #1 Exhibit Pages 188 to 192 of Chris Gaubatz Deposition)(Jabbar, Munia)
March 5, 2014 Opinion or Order MINUTE ORDER (paperless). On page 32 of Plaintiffs' #164 Memorandum in Opposition to Defendants' Motion for Summary Judgment, Plaintiffs cite to Ex. 48, 187:21-192:4 for the proposition that "Chris Gaubatz also gave electronic access to third parties of documents that appear to be from the shared drive but not from the community outreach portion." The Court notes that the excerpt of Chris Gaubatz's deposition provided in Plaintiffs' Exhibit 48 ends on page 187, and consequently does not include pages 188 through 192. Plaintiffs shall have until 3:00 PM on MARCH 6, 2014 to provide the Court with the remaining pages of this excerpt. If Plaintiffs do not provide these pages by this date, the Court will disregard the statement accompanying this citation as unsupported by the record. Signed by Judge Colleen Kollar-Kotelly on March 5, 2014. (lcckk1)
October 29, 2013 Opinion or Order Filing 169 NOTICE OF WITHDRAWAL OF APPEARANCE as to CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. Attorney Nadhira Al-Khalili terminated. (Al-Khalili, Nadhira)
October 29, 2013 Opinion or Order Filing 168 NOTICE of Appearance by Nina Kraut on behalf of All Plaintiffs (Kraut, Nina)
August 11, 2013 Opinion or Order MINUTE ORDER (paperless). The status conference previously scheduled for August 23, 2013, at 10:00 a.m. is hereby CANCELED. The Court shall issue a schedule for further proceedings in this matter once it has resolved the pending cross-motions for summary judgment. Signed by Judge Colleen Kollar-Kotelly on August 11, 2013. (lcckk1)
June 28, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge John M. Facciola: Settlement Conference held on 6/28/2013. (lcjmf1, )
June 26, 2013 Opinion or Order Filing 167 REPLY to opposition to motion re #154 MOTION for Summary Judgment filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (Attachments: #1 Exhibit A, #2 Exhibit 1 to Ex. A)(Yerushalmi, David)
June 26, 2013 Opinion or Order Filing 166 NOTICE of Certification of Familiarity with the Local Rules by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. re Order,,,,,, (Abbas, Gadeir)
June 26, 2013 Opinion or Order Filing 165 REPLY to opposition to motion re #156 MOTION for Partial Summary Judgment filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Attachments: #1 Statement of Facts Disputed Facts, #2 Affidavit Exhbit 75 Al-Khalili Affidavavit)(Al-Khalili, Nadhira)
June 26, 2013 Opinion or Order MINUTE ORDER (paperless). The Clerk of the Court shall STRIKE the following documents from the record of this case: #160 Defendants' Notice of Possible Unauthorized Practice of Law; #161 Response to the Court's June 3, 2013 Order Regarding Defendants' Notice; and #162 Defendants' Reply in Support of Notice of Possible Unauthorized Practice of Law. Defendants' notice should have been directed to the Committee on Grievances, see LCvR 83.14, which considers allegations of attorney misconduct, see LCvR 83.16(d)). While Defendants are not hereinafter precluded from filing a complaint regarding the issues discussed in their notice with the Committee on Grievances, the Court observes that Defendants have expressly indicated that they have suffered no prejudice and, upon the Court's review of the parties' submissions, the Court is satisfied at this point that Mr. Abbas is in full compliance with the conditions set out by Rule 49(c)(3) of the District of Columbia Court of Appeals, which provides for the provision of legal services in or reasonably related to a pending or potential proceeding in any court of the United States, and which requires, in pertinent part, that a practitioner with an office in the District of Columbia provide prominent notice in all business documents of the practitioner's bar status and that his practice is limited to federal matters. Further, in view of this Minute Order, Mr. Abbas shall re-file his [161-1] Declaration of Gadeir Abbas To Fulfill the Court's Conditional Admittance for Pro Hac Vice Appearance as a separate filing on the public docket. Signed by Judge Colleen Kollar-Kotelly on June 26, 2013. (lcckk1)
June 17, 2013 Opinion or Order Filing 164 Memorandum in Opposition re #154 MOTION for Summary Judgment by Defendants filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Attachments: #1 Statement of Facts Plaintiffs' Response to Defendants' Statement of Material Facts, #2 Text of Proposed Order To Deny Defendants' Motion for Summary Judgment, #3 Affidavit of Gadeir Abbas, #4 Exhibit Exhibit 48, #5 Exhibit Exhibit 49, #6 Exhibit Exhibit 50, #7 Exhibit Exhibit 51, #8 Exhibit Exhibit 52, #9 Exhibit Exhibit 53, #10 Exhibit Exhibit 54, #11 Exhibit Exhibit 55, #12 Exhibit Exhibit 56, #13 Exhibit Exhibit 57, #14 Exhibit Exhibit 58, #15 Exhibit Exhibit 59, #16 Exhibit Exhibit 60, #17 Exhibit Exhibit 61, #18 Exhibit Exhibit 62, #19 Exhibit Exhibit 63, #20 Exhibit Exhibit 64, #21 Exhibit Exhibit 65, #22 Exhibit Exhibit 66, #23 Exhibit Exhibit 67, #24 Exhibit Exhibit 68, #25 Exhibit Exhibit 69, #26 Exhibit Exhibit 70, #27 Exhibit Exhibit 71, #28 Exhibit Exhibit 72, #29 Exhibit Exhibit 73, #30 Exhibit Exhibit 74)(Al-Khalili, Nadhira) Modified event title on 6/18/2013 (znmw, ).
June 17, 2013 Opinion or Order Filing 163 Memorandum in opposition to re #156 MOTION for Partial Summary Judgment filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (Attachments: #1 Statement of Facts in Opposition to Pl.'s Motion for Partial Summ. J., #2 Exhibit A, #3 Exhibit 1 to Ex. A, #4 Exhibit 2 to Ex. A, #5 Exhibit 3 to Ex. A, #6 Exhibit 4 to Ex. A, #7 Exhibit 5 to Ex. A, #8 Exhibit 6 to Ex. A, #9 Exhibit 7 to Ex. A, #10 Exhibit 8 to Ex. A, #11 Exhibit 9 to Ex. A, #12 Exhibit 10 to Ex. A, #13 Exhibit 11 to Ex. A, #14 Exhibit B, #15 Text of Proposed Order)(Yerushalmi, David)
June 11, 2013 Opinion or Order Filing 162 STRICKEN PURSUANT TO MINUTE ORDER FILED 6/26/13.....REPLY in Support of Notice of Possible Unauthorized Practice of Law and Improper Motion for Pro Hac Vice by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE re #161 Response to Order of the Court (Yerushalmi, David) Modified event title on 6/12/2013 (znmw, ). Modified on 6/26/2013 (rdj).
June 10, 2013 Opinion or Order Filing 161 STRICKEN PURSUANT TO MINUTE ORDER FILED 6/26/13.....RESPONSE TO ORDER OF THE COURT re Order, filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Attachments: #1 Declaration)(Abbas, Gadeir) Modified on 6/26/2013 (rdj).
June 3, 2013 Opinion or Order Set/Reset Deadlines: Response due by 6/10/2013. (dot )
June 3, 2013 Opinion or Order Filing 160 STRICKEN PURSUANT TO MINUTE ORDER FILED 6/26/13.....NOTICE of possible unauthorized practice of law and improper motion for admission pro hac vice by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI (Attachments: #1 Exhibit 1)(Yerushalmi, David) Modified on 6/26/2013 (rdj).
June 3, 2013 Opinion or Order Filing 159 ENTERED IN ERROR.....NOTICE POSSIBLE UNAUTHORIZED PRACTICE OF LAW AND IMPROPER MOTION FOR ADMISSION PRO HAC VICE by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI (Attachments: #1 Exhibit 1)(Yerushalmi, David) Modified on 6/3/2013 (jf, ).
June 3, 2013 Opinion or Order Filing 158 NOTICE of Filing with the Clerk of Court by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Al-Khalili, Nadhira)
June 3, 2013 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #159 Notice (Other), was entered in error at the request of counsel and will be refiling said pleading. (jf, )
June 3, 2013 Opinion or Order MINUTE ORDER (paperless). By no later than JUNE 10, 2013, Mr. Abbas shall file a response to Defendants' #160 Notice of Possible Unauthorized Practice of Law and Improper Motion for Admission Pro Hac Vice. Signed by Judge Colleen Kollar-Kotelly on June 3, 2013. (lcckk1)
May 21, 2013 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry #157 MOTION for Partial Summary Judgment was entered in error as a separate docket entry and the Memorandum in Support has been added to Docket Entry #156 MOTION for Partial Summary Judgment. (znmw, )
May 20, 2013 Opinion or Order Filing 157 ENTERED IN ERROR..... MOTION for Partial Summary Judgment by CAIR-FOUNDATION, INC. (Al-Khalili, Nadhira) Modified on 5/21/2013 (znmw, ).
May 20, 2013 Opinion or Order Filing 156 MOTION for Partial Summary Judgment by CAIR-FOUNDATION, INC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit)(Al-Khalili, Nadhira) Modified event title on 5/21/2013 (znmw, ). (Additional attachment(s) added on 5/21/2013: #47 Memorandum in Support) (znmw, ).
May 20, 2013 Opinion or Order Filing 155 NOTICE of Proposed Order for Summary Judgment by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI re #154 MOTION for Summary Judgment (Yerushalmi, David)
May 19, 2013 Opinion or Order Filing 154 MOTION for Summary Judgment by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI (Attachments: #1 Exhibit A, #2 Exhibit 1 to Ex. A, #3 Exhibit 2 to Ex. A, #4 Exhibit 3 to Ex. A, #5 Exhibit 4 to Ex. A, #6 Exhibit 5 to Ex. A, #7 Exhibit 6 to Ex. A, #8 Exhibit 7 to Ex. A, #9 Exhibit 8 to Ex. A, #10 Exhibit 9 to Ex. A, #11 Exhibit 10 to Ex. A, #12 Exhibit 11 to Ex. A, #13 Exhibit 12 to Ex. A, #14 Exhibit 13 to Ex. A, #15 Exhibit 14 to Ex. A, #16 Exhibit 15 to Ex. A, #17 Exhibit 16 to Ex. A, #18 Exhibit 17 to Ex. A, #19 Exhibit 18 to Ex. A, #20 Exhibit 19 to Ex. A, #21 Exhibit 20 to Ex. A, #22 Exhibit 21 to Ex. A, #23 Exhibit 22 to Ex. A, #24 Exhibit 23 to Ex. A, #25 Exhibit 24 to Ex. A, #26 Exhibit 25 to Ex. A, #27 Exhibit 26 to Ex. A, #28 Exhibit 27 to Ex. A, #29 Exhibit 28 to Ex. A, #30 Exhibit 29 to Ex. A, #31 Exhibit 30 to Ex. A, #32 Exhibit 31 to Ex. A, #33 Exhibit 32 to Ex. A, #34 Exhibit 33 to Ex. A, #35 Exhibit 34 to Ex. A, #36 Exhibit 35 to Ex. A, #37 Exhibit 36 to Ex. A, #38 Exhibit 37 to Ex. A, #39 Exhibit 38 to Ex. A, #40 Exhibit 39 to Ex. A, #41 Exhibit 40 to Ex. A, #42 Exhibit 41 to Ex. A, #43 Exhibit 42 to Ex. A, #44 Exhibit B, #45 Exhibit C, #46 Exhibit D, #47 Exhibit E, #48 Exhibit F, #49 Exhibit 1 to Ex. F, #50 Exhibit 2 to Ex. F, #51 Exhibit 3 to Ex. F, #52 Exhibit 4 to Ex. F, #53 Exhibit 5 to Ex. F, #54 Exhibit 6 to Ex. F, #55 Exhibit 7 to Ex. F, #56 Exhibit 8 to Ex. F, #57 Exhibit 9 to Ex. F, #58 Exhibit 10 to Ex. F, #59 Exhibit 11 to Ex. F, #60 Exhibit 12 to Ex. F, #61 Exhibit 13 to Ex. F, #62 Exhibit 14 to Ex. F, #63 Exhibit 15 to Ex. F, #64 Memorandum in Support)(Yerushalmi, David)
May 8, 2013 Opinion or Order Filing 153 Unopposed MOTION for Extension of Time to File for Summary Judgment by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Text of Proposed Order)(Al-Khalili, Nadhira)
May 8, 2013 Opinion or Order MINUTE ORDER granting #153 Plaintiffs' Unopposed Motion for Extension of Time to File for Summary Judgment. Accordingly, the parties shall have until and including May 20, 2013, to file Motions for Summary Judgment; until and including June 17, 2013, to file Oppositions; until and including June 26, 2013, to file Replies. Set/Reset Deadlines: Summary Judgment Motions due by 5/20/2013; Response to Motions for Summary Judgment due by 6/17/2013; and Reply to Motions for Summary Judgment due by 6/26/2013. Signed by Judge Colleen Kollar-Kotelly on May 8, 2013. (SM)
April 10, 2013 Opinion or Order Filing 152 CASE DIRECTLY REFERRED to Magistrate Judge John M. Facciola for Mediation extended to August 23, 2013. (ls, )
April 10, 2013 Opinion or Order Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Status Conference held on 4/10/2013. Summary Judgment motions due by 5/14/2013. Responses to Motion for Summary Judgment due by 6/11/2013. Replies to Motion for Summary Judgment due by 6/25/2013. Status Conference set for 8/23/2013 10:00 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (Court Reporter Lisa Foradori.) (dot )
April 10, 2013 Opinion or Order Filing 151 ORDER. Pursuant to Local Civil Rule 72.2(a), this action remains referred to Magistrate Judge John M. Facciola for purposes of mediation. The mediation period previously ordered by the Court - specifically January 19, 2013 until March 25, 2013 - is hereby extended nunc pro nunc to run until and including August 23, 2013. In the event the parties reach an agreement in principle to settle this action, in whole or in part, they shall promptly advise the Court. Signed by Judge Colleen Kollar-Kotelly on April 10, 2013. (lcckk1)
April 10, 2013 Opinion or Order Filing 150 SCHEDULING ORDER. In order to administer this civil action in a manner fair to the litigants and consistent with the parties' interest in completing this litigation in the shortest possible time and at the least possible cost, the parties are directed to comply with each of the directives set forth in this Order. Further,the parties shall adhere to the following schedule: (a) Motions for summary judgment shall be filed by no later than May 14, 2013; with oppositions due by no later than June 11, 2013; and replies due by no later than June 25, 2013; (b) In the event the parties' settlement conference, currently scheduled before Magistrate Judge Facciola for June 27, 2013, results in an agreement in principle to settle this action, the parties shall promptly notify the court; and (c) The parties shall appear for a Status Conference before this Court, in Courtroom 28A, on August 23, 2013, at 10 a.m. The parties shall contact the Court sufficiently in advance to arrange for the possibility of defense counsel's attending the status conference by telephone. The dates identified above are firm; the Court has endeavored to give the parties the schedule that they have requested and expects that they will adhere to that schedule. Signed by Judge Colleen Kollar-Kotelly on April 10, 2013. (lcckk1)
February 26, 2013 Opinion or Order MINUTE ORDER granting #149 Joint Motion to Reset Settlement Conference Date. The settlement conference will be reset for June 27, 2013 at 3:30pm. Signed by Magistrate Judge John M. Facciola on 2/26/13. (lcjmf1, )
February 26, 2013 Opinion or Order Set/Reset Hearings: Settlement Conference previously set for 3/7/13 is hereby RESET for 6/27/2013 03:30 PM in Chambers before Magistrate Judge John M. Facciola. (lcjmf1, ) Modified on 2/26/2013 (lcjmf1, ).
February 25, 2013 Opinion or Order Filing 149 Joint MOTION To Reset Settlement Conference to June 27, 2013 by Plaintiffs and by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI (Attachments: #1 Text of Proposed Order)(Yerushalmi, David)
February 11, 2013 Opinion or Order Set/Reset Hearings: Status Conference set for 4/10/2013 10:00 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot)
February 11, 2013 Opinion or Order Filing 148 Joint MOTION Reset Status Conference from March 28, 2013, to April 10, 2013 at 10:00 AM by CHRISTINE BRIM, CAIR-FOUNDATION, INC., CENTER FOR SECURITY POLICY, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI (Attachments: #1 Text of Proposed Order)(Yerushalmi, David)
February 11, 2013 Opinion or Order MINUTE ORDER granting #148 All Parties' Joint Motion to Reset Status Conference Date to April 10, 2013. Accordingly, the Status Conference date of March 28, 2013, is hereby vacated; and the Status Conference has been rescheduled for April 10, 2013, at 10:00 a.m. Set/Reset Hearing: Status Conference set for 4/10/2013 10:00 AM before Judge Colleen Kollar-Kotelly in Courtroom 28A. Signed by Judge Colleen Kollar-Kotelly on February 11, 2013. (SM)
February 8, 2013 Opinion or Order Filing 147 ORDER denying Plaintiffs' #144 Motion for Extension of Time to Complete Discovery. Signed by Judge Colleen Kollar-Kotelly on February 8, 2013. (lcckk1)
January 29, 2013 Opinion or Order Filing 146 REPLY to opposition to motion re #144 MOTION for Extension of Time to Complete Discovery in Order to Complete Depositions filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Al-Khalili, Nadhira)
January 25, 2013 Opinion or Order Filing 145 Memorandum in opposition to re #144 MOTION for Extension of Time to Complete Discovery in Order to Complete Depositions filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Yerushalmi, David)
January 22, 2013 Opinion or Order Set/Reset Deadlines: Response due by 1/25/2013. Reply due by 1/29/2013. (dot )
January 22, 2013 Opinion or Order MINUTE ORDER (paperless). The Court is in receipt of Plaintiffs' #144 Motion for Extension of Discovery Period. Defendants shall file their opposition to Plaintiffs' motion, if any, by no later than FRIDAY, JANUARY 25, 2013, and Plaintiffs shall file their reply, if any, by no later than TUESDAY, JANUARY 29, 2013. Signed by Judge Colleen Kollar-Kotelly on January 22, 2013. (lcckk1)
January 18, 2013 Opinion or Order Filing 144 MOTION for Extension of Time to Complete Discovery in Order to Complete Depositions by COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Exhibit Attachments A-S in Support of Motion, #2 Text of Proposed Order to Grant Motion)(Al-Khalili, Nadhira)
January 17, 2013 Opinion or Order Set/Reset Hearings: The Settlement Conference previously set for 1/29/13 is hereby RESET for 3/7/2013 10:00 AM in Chambers before Magistrate Judge John M. Facciola. (lcjmf1, )
January 3, 2013 Opinion or Order NOTICE of Hearing: Telephone Conference on the record set for 1/3/2013 03:00 PM in Chambers before Judge Colleen Kollar-Kotelly. (dot )
January 3, 2013 Opinion or Order Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 1/3/2013. (Court Reporter Lisa Foradori.) (dot )
January 3, 2013 Opinion or Order MINUTE ORDER (paperless). On January 3, 2013, the Court held an on-the-record conference call with the parties regarding a dispute arising in connection with Plaintiffs' deposition of nonparty Frank Gaffney, President and CEO of Defendant Center for Security Policy (CSP), and more specifically, Plaintiffs' request to depose Mr. Gaffney for an additional 2.5 hours to further question him regarding CSP's donors. See #143 Joint Status Report Regarding a Discovery Dispute. Counsel participating in the call included: Mr. Abbas for Plaintiffs; Messrs. Horowitz and Garbus for the Gaubatz Defendants; and Messrs. Yerushalmi and Muise for Defendants CSP, SANE, and Yerushalmi. During the call, the parties represented that Plaintiffs' deposition of Defendants' 30(b)(6) witness is scheduled for January 17, 2013 - January 18, 2013. Plaintiffs indicated that, among the topics they would list in the notice of deposition of Defendants' 30(b)(6) witness, Plaintiffs intended to include information concerning the identity of, and CSP's communications with, CSP's donors regarding the CAIR film project. The parties also represented that Defendants will be producing to Plaintiffs additional documents responsive to Plaintiffs' recent discovery requests by no later than January 17, 2013. In light of the pending discovery in this case, and based on the present record, the Court finds that Plaintiffs' request to continue the deposition of Mr. Gaffney is premature and shall therefore be DENIED-WITHOUT-PREJUDICE. In addition to the parties' dispute regarding Mr. Gaffney's deposition, the parties also raised with the Court, for the first time, certain disputes regarding the noticing and scheduling of the depositions of nonparties WorldNetDaily Publishing and Mr. Sperry. The Court held that, based on the insufficient record before it, it could not and would not resolve these issues at this time. Signed by Judge Colleen Kollar-Kotelly on January 3, 2013. (lcckk1)
January 2, 2013 Opinion or Order Filing 143 STATUS REPORT JOINTLY SUBMITTED by CAIR-FOUNDATION, INC., CENTER FOR SECURITY POLICY, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Al-Khalili, Nadhira)
December 29, 2012 Opinion or Order Filing 142 NOTICE by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE re Order on Motion for Leave to Appear Pro Hac Vice, (Attachments: #1 Declaration of J. Thomas Smith Certifying Familiarity with Local Rules)(Muise, Robert)
December 28, 2012 Opinion or Order MINUTE ORDER granting #141 Motion to Admit Pro Hac Vice as to J. Thomas Smith, CONTINGENT upon Attorney Smith certifying to the Court that he is familiar with the Local Rules of this Court. Signed by Judge Colleen Kollar-Kotelly on December 28, 2012. (SM)
December 28, 2012 Opinion or Order MINUTE ORDER (paperless). On December 26, 2012, the parties in this action jointly contacted Chambers by telephone regarding a dispute which the parties represented arose in the course of a deposition of a non-party to this action. To the extent the parties remain unable to resolve this discovery dispute amongst themselves, they shall jointly call Chambers at 3 P.M. on JANUARY 3, 2013. Further, by no later than 4 P.M. on JANUARY 2, 2013, the parties shall file with the Court a JOINT STATUS REPORT, which shall briefly describe the nature of the dispute, as well as the factual and legal basis for the relief requested by each party. Signed by Judge Colleen Kollar-Kotelly on December 28, 2012. (lcckk1)
December 20, 2012 Opinion or Order Filing 141 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- J. Thomas Smith, :Firm- J. Thomas Smith Attorney at Law, :Address- 2020 Fieldstone Parkway, Suite 900-264, Franklin, Tennessee 37069-4337. Phone No. - (615) 790-2150. Fax No. - (800) 506-8304 by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SARAH PAVLIS, ADAM SAVIT, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE (Attachments: #1 Declaration In Support of Motion Pro Hac Vice, #2 Exhibit 1 to Declaration of J. Thomas Smith, #3 Text of Proposed Order)(Muise, Robert)
December 7, 2012 Opinion or Order Filing 140 NOTICE of Appearance by Munia Jabbar on behalf of All Plaintiffs (Jabbar, Munia)
December 3, 2012 Opinion or Order Filing 139 ORDER re referral to Judge Facciola for settlement. Signed by Magistrate Judge John M. Facciola on 12/3/12. (SP, )
December 3, 2012 Opinion or Order Set/Reset Hearings: Settlement Conference set for 1/29/2013 at 02:00 PM in Chambers before Magistrate Judge John M. Facciola. (SP, )
November 29, 2012 Opinion or Order Filing 138 CASE DIRECTLY REFERRED to Magistrate Judge John M. Facciola for MEDIATION TO COMMENCE ON JANUARY 19, 2013 AND TO CONCLUDE BY MARCH 25, 2013. (ls, )
November 29, 2012 Opinion or Order Set/Reset Hearings: Status Conference set for 3/28/2013 09:30 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot )
November 29, 2012 Opinion or Order Filing 137 ORDER referring case to Magistrate Judge Facciola for purposes of mediation to commence on January 19, 2013 and to conclude by March 25, 2013. The parties should directly contact Judge Facciola's Chambers to schedule mediation; counsel and the parties, including persons with settlement authority, shall attend each mediation session. In the event the parties reach an agreement in principle to settle this action, in whole or in part, they shall promptly advise the Court. Further, the parties' upcoming Status Conference, currently set before this Court for JANUARY 22, 2013, at 9:30 a.m., is CANCELLED. The Status Conference, currently set before this Court for MARCH 28, 2013, at 9:30 a.m., shall remain on the calendar. Further, the Clerk of the Court shall issue a Form 299 in connection with this referral. The parties are advised that this order referring the instant case to Magistrate Judge Facciola for mediation purposes does not stay discovery in this matter. Signed by Judge Colleen Kollar-Kotelly on November 29, 2012. (lcckk1)
November 28, 2012 Opinion or Order Filing 136 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gadeir Abbas, :Firm- CAIR, :Address- 453 New Jersey Ave., SE, Washington, DC. Phone No. - 202-742-6410. Fax No. - 202-488-0833 by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Declaration In support of Pro Hac Vice, #2 Text of Proposed Order)(Al-Khalili, Nadhira)
November 28, 2012 Opinion or Order MINUTE ORDER granting #136 Motion for Admission Pro Hac Vice as to Gadeir Abbas, CONTINGENT on Attorney Abbas certifying to the Court that he is familiar with the Local Rules of this Court. Signed by Judge Colleen Kollar-Kotelly on November 28, 2012. (SM)
November 20, 2012 Opinion or Order Filing 135 ANSWER to #126 Amended Complaint, by DAVID YERUSHALMI. Related document: #126 Amended Complaint, filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC., CAIR-FOUNDATION, INC..(Muise, Robert)
November 14, 2012 Opinion or Order Filing 134 NOTICE OF WITHDRAWAL OF APPEARANCE as to CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SARAH PAVLIS, ADAM SAVIT. Attorney Erin Elizabeth Mersino terminated. (Mersino, Erin)
November 7, 2012 Opinion or Order Set/Reset Deadlines/Hearings: Discovery to be completed by 1/18/2013. All discovery-related motions due by 1/18/2013. Status Conference set for 1/22/2013 09:30 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (zmm, )
October 26, 2012 Opinion or Order MINUTE ORDER (paperless). In light of this Court's criminal trial calendar and the only recent service of the Summons and Third Amended Complaint on the additional defendants in this action, the Status Conference, which was originally scheduled for November 5, 2012, is hereby continued until TUESDAY, JANUARY 22, 2013 at 9:30 A.M.. The parties are reminded that pursuant to this Court's #99 Scheduling and Procedures Order, all discovery shall be completed, and all discovery-related motions filed on or before JANUARY 18, 2013. Signed by Judge Colleen Kollar-Kotelly on October 26, 2012. (lcckk1)
October 17, 2012 Opinion or Order Filing 133 ANSWER to #126 Amended Complaint, by SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE. Related document: #126 Amended Complaint, filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC., CAIR-FOUNDATION, INC..(Muise, Robert)
October 17, 2012 Opinion or Order Set/Reset Deadlines: Defendant David Yerushalmi shall file his Answer or Responsive Pleading due by 11/20/2012, (tcb)
October 15, 2012 Opinion or Order Set/Reset Deadlines: Answer or Responsive Pleading due by 11/20/2012. (dot )
October 15, 2012 Opinion or Order Filing 132 Joint MOTION for Extension of Time to Serve Summons & Complaint and Extension of Time to Answer/Respond to Complaint by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC., DAVID YERUSHALMI (Attachments: #1 Text of Proposed Order)(Yerushalmi, David)
October 15, 2012 Opinion or Order MINUTE ORDER (paperless). Plaintiffs' and Defendant David Yerushalmi's #132 Joint Motion to Extend Time for Plaintiffs to Serve Third Amended Complaint Upon David Yerushalmi and for Extension of Time for David Yerushalmi to Answer/Respond to Third Amended Complaint is GRANTED. ORDERED that Plaintiffs shall effect service of process of the Summons and Third Amended Complaint upon Defendant David Yerushalmi by e-mail service on or before OCTOBER 16, 2012. Further, Defendant David Yerushalmi shall file his Answer or Responsive Pleading by no later than NOVEMBER 20, 2012. Signed by Judge Colleen Kollar-Kotelly on October 15, 2012. (lcckk1)
October 8, 2012 Opinion or Order MINUTE ORDER finding as moot Plaintiffs' #128 Motion for Extension of Time, as Plaintiffs filed on October 7, 2012 #131 Return of Service indicating that Plaintiffs timely served the Summons and Third Amended Complaint upon Defendant David Yerushalmi on October 1, 2012. Mr. Yerushalmi shall file a responsive pleading to Plaintiffs' Third Amended Complaint on or before OCTOBER 22, 2012. Signed by Judge Colleen Kollar-Kotelly on October 8, 2012. (lcckk1)
October 7, 2012 Opinion or Order Filing 131 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID YERUSHALMI served on 10/1/2012, answer due 10/22/2012 (Al-Khalili, Nadhira)
October 4, 2012 Opinion or Order Filing 130 ANSWER to #126 Amended Complaint, by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT. Related document: #126 Amended Complaint, filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC., CAIR-FOUNDATION, INC..(Muise, Robert)
October 3, 2012 Opinion or Order Filing 129 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE served on 9/26/2010, answer due 10/17/2010 (Al-Khalili, Nadhira)
October 2, 2012 Opinion or Order NOTICE OF ERROR re #127 Summons Returned Executed; emailed to nalkhalili@cair.com, cc'd 10 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Entered in error; Incorrect party selected (plaintiff); Refile and select the defendant served. (znmw, )
October 1, 2012 Opinion or Order Filing 128 Emergency MOTION for Extension of Time to Effect Service on David Yerushalmi by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Exhibit A--Affidavit from Process Server, #2 Text of Proposed Order Order Granting)(Al-Khalili, Nadhira)
October 1, 2012 Opinion or Order Filing 127 ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Plaintiffs (Al-Khalili, Nadhira) Modified on 10/2/2012 (znmw, ).
September 19, 2012 Opinion or Order Summons Issued (3)re #126 Third Amended Complaint as to SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE, DAVID YERUSHALMI. (mmh)
September 17, 2012 Opinion or Order Filing 126 THIRD AMENDED COMPLAINT against CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., JOHN AND JANE DOE, CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT, DAVID YERUSHALMI, SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC., CAIR-FOUNDATION, INC..(znmw, )
September 17, 2012 Opinion or Order Set/Reset Deadlines/Hearings: Plaintiffs shall effect service of the Summons and Third Amended Complaint on SANE and Yerushalmi by 10/1/2012.Status Conference set for 11/5/2012 09:00 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot )
September 17, 2012 Opinion or Order Filing 125 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 Defendants 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 against 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 secondary 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 Third 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 extensions 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 theory 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)
June 12, 2012 Opinion or Order Filing 124 NOTICE Supplemental Filing by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT re #120 Consent MOTION for Leave to File Motion for Summary Judgment (Attachments: #1 Exhibit 1)(Yerushalmi, David)
June 12, 2012 Opinion or Order MINUTE ORDER (paperless). Upon careful consideration of Defendants' #120 Motion for Leave to File Motion for Partial Summary Judgment ("Motion for Leave"), the parties' related submissions, see ECF Nos. #121 - #124 , and the record as a whole, Defendants' Motion for Leave is DENIED. In light of the status of discovery, which remains ongoing and is not set to conclude until January 18, 2013, and the nature of Defendants' proposed motion, the Court declines to exercise its discretion to enter a schedule for briefing a partial motion for summary judgment at this time. Signed by Judge Colleen Kollar-Kotelly on June 12, 2012. (lcckk3)
June 1, 2012 Opinion or Order Filing 123 REPLY to opposition to motion re #120 Consent MOTION for Leave to File Motion for Summary Judgment filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT. (Attachments: #1 Exhibit 1)(Yerushalmi, David)
May 21, 2012 Opinion or Order Filing 122 Memorandum in opposition to re #120 Consent MOTION for Leave to File Motion for Summary Judgment filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Attachments: #1 Text of Proposed Order To Deny Motion for Leave)(Al-Khalili, Nadhira)
May 8, 2012 Opinion or Order Filing 121 NOTICE of Non-Consent by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. re #120 Consent MOTION for Leave to File Motion for Summary Judgment (Al-Khalili, Nadhira)
May 2, 2012 Opinion or Order Filing 120 Consent MOTION for Leave to File Motion for Summary Judgment by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Yerushalmi, David)
April 12, 2012 Opinion or Order Filing 119 SEALED DOCUMENT filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (This document is SEALED and only available to authorized persons.)(ztd, )
April 12, 2012 Opinion or Order MINUTE ORDER - Plaintiffs' Unopposed #117 Motion for Leave to File Documents Under Seal, only as to documents relating to the District of Columbia's Office of Bar Counsel Proceedings, is hereby Granted. Signed by Judge Colleen Kollar-Kotelly on April 12, 2012. (SM)
April 5, 2012 Opinion or Order Filing 118 REPLY to opposition to motion re #112 MOTION for Leave to File Third Amended Complaint filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Attachments: #1 Exhibit Exhibit One)(Al-Khalili, Nadhira)
April 5, 2012 Opinion or Order Filing 117 Unopposed MOTION To file under seal Plaintiffs' Reply, MOTION for Order by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Text of Proposed Order)(Al-Khalili, Nadhira)
March 29, 2012 Opinion or Order Filing 116 SEALED DOCUMENT filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Declaration, #2 Exhibit)(ztd, )
March 29, 2012 Opinion or Order MINUTE ORDER - Defendants' consent #114 Motion for Leave to File Documents Under Seal, only as to documents relating to the District of Columbia's Office of Bar Counsel Proceedings, is hereby Granted. Signed by Judge Colleen Kollar-Kotelly on March 29, 2012. (SM)
March 27, 2012 Opinion or Order Filing 115 NOTICE /CERTIFICATE OF COMPLIANCE W/LOCAL CIV RULE 7(m) by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT re #114 MOTION for Leave to File Documents Under Seal (Yerushalmi, David)
March 26, 2012 Opinion or Order Filing 114 MOTION for Leave to File Documents Under Seal by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT (Attachments: #1 Text of Proposed Order To File Documents Under Seal)(Yerushalmi, David)
March 26, 2012 Opinion or Order Filing 113 Memorandum in opposition to re #112 MOTION for Leave to File Third Amended Complaint (REDACTED) filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT. (Attachments: #1 Declaration David Yerushalmi (Redacted), #2 Exhibit 1 (Filed Under Seal), #3 Exhibit 2, #4 Exhibit 3)(Yerushalmi, David)
March 9, 2012 Opinion or Order Filing 112 MOTION for Leave to File Third Amended Complaint by COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Exhibit Proposed Third Amended Complaint, #2 Exhibit Redlined Third Amended Complaint, #3 Text of Proposed Order)(Al-Khalili, Nadhira)
March 5, 2012 Opinion or Order MINUTE ORDER (paperless). Plaintiffs' #111 Motion for Leave to File Third Amended Complaint is DENIED WITHOUT PREJUDICE based on Plaintiffs' failure to include the certification required by Local Civil Rule 7(m). Plaintiffs' certification must indicate that they discussed the anticipated motion with opposing counsel to determine whether there is opposition to the relief sought and, if so, to narrow the areas of disagreement to the greatest extent possible. In particular, the Court expects Plaintiffs' certification to indicate whether opposing counsel consents to any or all of the five principal changes identified in Plaintiffs' motion (pp. 3-4). To the extent Plaintiffs intend to seek leave to file a Third Amended Complaint, they shall file a renewed motion with the required certification by no later than MARCH 9, 2012; any opposition shall be filed by no later than MARCH 26, 2012; and any reply shall be filed by no later than APRIL 5, 2012. In addition, any such motion by Plaintiffs shall include a redline comparing their proposed Third Amended Complaint to the current iteration of the Complaint and shall provide a more particularized discussion as to why leave to amend should be granted as to each of the five principal changes identified, including citations to discovery materials purportedly showing that "information was not previously known by Plaintiffs at the time of filing either of their previous motions for leave to file amended complaints." Signed by Judge Colleen Kollar-Kotelly on March 5, 2012. (lcckk3)
March 2, 2012 Opinion or Order Filing 111 MOTION for Leave to File Third Amended Complaint by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Exhibit Proposed Third Amended Complaint, #2 Text of Proposed Order)(Al-Khalili, Nadhira)
February 22, 2012 Opinion or Order Filing 110 NOTICE of Change of Address by Robert J. Muise (Muise, Robert)
February 8, 2012 Opinion or Order Filing 109 NOTICE of Appearance by Erin Elizabeth Mersino on behalf of Defendants CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SARAH PAVLIS, AND ADAM SAVIT(Mersino, Erin) Modified on 2/21/2012 to reflect that this filing pertained to the defendants noted herein and not all defendants. (jeb, ).
November 8, 2011 Opinion or Order Filing 108 REPLY to opposition to motion re #97 MOTION to Dismiss Counts I & II of the Second Amended Complaint filed by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SARAH PAVLIS, ADAM SAVIT. (Yerushalmi, David)
November 3, 2011 Opinion or Order Filing 107 NOTICE OF WITHDRAWAL OF APPEARANCE as to CHRIS GAUBATZ, PAUL DAVID GAUBATZ. Attorney Bernard S. Grimm terminated. (Grimm, Bernard)
November 1, 2011 Opinion or Order Filing 106 NOTICE of Appearance by Joseph William Eshelman, III on behalf of CHRIS GAUBATZ, PAUL DAVID GAUBATZ (jeb, )
October 25, 2011 Opinion or Order Filing 105 SEALED DOCUMENT filed by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (This document is SEALED and only available to authorized persons.)(ztd, )
October 25, 2011 Opinion or Order MINUTE ORDER (paperless). The Gaubatz Defendants' #71 Motion to Seal is GRANTED; the submission shall be maintained under seal pending further order of the Court. Signed by Judge Colleen Kollar-Kotelly on October 25, 2011. (lcckk3)
October 24, 2011 Opinion or Order MINUTE ORDER (paperless). The CSP Defendants' #104 Stipulated Motion to Extend Time is GRANTED; the CSP Defendants shall have to and including November 8, 2011 to serve and file a reply in support of their Motion to Dismiss. Set/Reset Deadlines: Reply due by 11/8/2011. Signed by Judge Colleen Kollar-Kotelly on October 24, 2011. (lcckk3)
October 18, 2011 Opinion or Order Filing 104 Joint MOTION for Extension of Time to File Response/Reply as to #97 MOTION to Dismiss Counts I & II of the Second Amended Complaint by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SARAH PAVLIS, ADAM SAVIT (Attachments: #1 Text of Proposed Order)(Yerushalmi, David)
October 13, 2011 Opinion or Order MINUTE ORDER (paperless). The Court is in receipt of the parties' #101 Joint Detailed Discovery Plan dated September 21, 2011. The Court notes that the parties appear to anticipate future disagreement on the format in which some electronic documents should be produced. Under Rule 34 of the Federal Rules of Civil Procedure, a request for documents "may specify the form or forms in which electronically stored information is to be produced." Fed. R. Civ. P. 34(b)(1)(C). This Rule "permits the requesting party to designate the form or forms in which it wants electronically stored information produced." Fed. R. Civ. P. 34 advisory comm. note to the 2006 amend. However, the responding party "may state an objection to a requested form for producing electronically stored information." Fed. R. Civ. P. 34(b)(2)(D). In the event a concrete dispute arises, the Court directs the parties to promptly meet and confer in an effort to resolve the matter without the Court's intervention. If the parties are unable to reach an amicable resolution, they shall jointly call Chambers and informally advise the Court of the dispute prior to filing any motions to compel. Signed by Judge Colleen Kollar-Kotelly on October 13, 2011. (lcckk3)
October 13, 2011 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry #103 Memorandum in Opposition is entered in error (incorrect document) at the request of counsel. Docket Entry #102 Reply to opposition to Motion was previously entered in error but is now reinstated as a valid/correct filing. However, the docket entry has been modified to reflect that it is a Memorandum in Opposition, not a reply. (znmw, )
October 12, 2011 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry #102 Reply to opposition to Motion was entered in error and counsel refiled said pleading (using the correct event) as Docket Entry #103 Memorandum in Opposition. (znmw, )
October 11, 2011 Opinion or Order Filing 103 ENTERED IN ERROR.....Memorandum in opposition to re #97 MOTION to Dismiss Counts I & II of the Second Amended Complaint filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Al-Khalili, Nadhira) (Additional attachment(s) added on 10/12/2011: #1 Text of Proposed Order) (znmw, ). Modified on 10/13/2011 (znmw, ).
October 11, 2011 Opinion or Order Filing 102 Memorandum in opposition re #97 MOTION to Dismiss Counts I & II of the Second Amended Complaint filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Attachments: #1 Text of Proposed Order)(Al-Khalili, Nadhira) Modified on 10/12/2011 (znmw, ). Modified on 10/13/2011 (znmw, ).
September 21, 2011 Opinion or Order Filing 101 STATUS REPORT Joint Discovery Plan by CHRISTINE BRIM, CAIR-FOUNDATION, INC., CENTER FOR SECURITY POLICY, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC., CHRIS GAUBATZ, PAUL DAVID GAUBATZ, SARAH PAVLIS, ADAM SAVIT. (Al-Khalili, Nadhira)
September 21, 2011 Opinion or Order Set/Reset Deadlines: Response #97 due by 10/11/2011. Reply due by 10/25/2011. (dot )
September 20, 2011 Opinion or Order MINUTE ORDER (paperless). Plaintiffs' #100 Unopposed Motion to Expand Time is GRANTED; Plaintiffs shall have to and including October 11, 2011, to serve and file their opposition to the CSP Defendants' #97 Motion to Dismiss. The CSP Defendants shall serve and file their reply by no later than October 25, 2011. However, Plaintiffs are reminded that any future motion for an extension must include, inter alia, "[a] proposed schedule for any other affected deadlines." Scheduling & Procedures Order (Sept. 1, 2011), ECF No. #99 , at 2. Plaintiffs' Motion to Expand Time fails to identify a deadline for the CSP Defendants' reply. Signed by Rosemary M. Collyer, sitting as the Motions Judge pursuant to Local Civil Rule 40.8, on September 20, 2011. (lcckk3)
September 16, 2011 Opinion or Order Filing 100 Emergency MOTION for Extension of Time to File Response/Reply as to #97 MOTION to Dismiss Counts I & II of the Second Amended Complaint by COUNCIL ON AMERICAN-ISLAMIC RELATIONS, COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC. (Attachments: #1 Text of Proposed Order)(Al-Khalili, Nadhira)
September 1, 2011 Opinion or Order Filing 99 SCHEDULING AND PROCEDURES ORDER: Initial Disclosures shall be due on or before 10/7/2011. Motions to amend shall be due on or before 3/2/2012; with oppositions due 3/16/2012; and replies due 3/23/2012. Proponent's rule 26(a)(2)(B)&(C) Disclosures shall be due or or before 9/7/2012; with the Opponenent's Rule 26(a)(2)(B)&(C) Disclosures due on or before 12/7/2012. Parties Joint Discovery Plan due 9/21/2011. Discovery shall be completed by 1/18/2013. Parties to notify the Court whether or not they will engage in ADR by 11/29/2012. CSP motions to dismiss shall be due on or before 9/1/2011; with oppositions due 9/29/2011; replies, if any, due on or before 10/12/2011. Status Hearing set for 3/28/2013 9:30 A.M. in Courtroom 28A before Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on 9/1/11. (dot )
September 1, 2011 Opinion or Order Filing 98 ANSWER to #76 Amended Complaint, by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SARAH PAVLIS, ADAM SAVIT. Related document: #76 Amended Complaint, filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC., CAIR-FOUNDATION, INC..(Yerushalmi, David)
September 1, 2011 Opinion or Order Filing 97 MOTION to Dismiss Counts I & II of the Second Amended Complaint by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SARAH PAVLIS, ADAM SAVIT (Attachments: #1 Text of Proposed Order)(Yerushalmi, David)
September 1, 2011 Opinion or Order Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Initial Scheduling Conference held on 9/1/2011. Amended Pleadings due by 3/2/2012; oppositions due 3/16/2012; replies due 3/23/2012. Discovery due by 1/18/2013. Joint Discovery Plan due by 9/21/2011. Initial Disclosure due by 10/7/2011. Parties to notify the Court regarding ADR by 11/29/2012. Motions due by 9/1/2011. Responses due by 9/29/2011. Replies due by 10/12/2011. Proponent's Rule 26(a)(2)(B) & (C) Disclosures due by 9/7/2012. Opponent's Rule 26(a)(2)(B) & (C) due by 12/7/2012. (Court Reporter Lisa Foradori.) (dot )
August 17, 2011 Opinion or Order Filing 96 SEALED ORDER (This document is SEALED and only available to authorized persons.)Signed by Judge Colleen Kollar-Kotelly on 8/15/11.(zdot )
August 9, 2011 Opinion or Order Filing 95 MEET AND CONFER STATEMENT. (Attachments: #1 Supplement)(Al-Khalili, Nadhira)
July 26, 2011 Opinion or Order Set/Reset Hearings: Status Conference set for 9/1/2011 09:00 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot )
July 26, 2011 Opinion or Order Filing 94 MOTION to Continue by PAUL DAVID GAUBATZ, CHRIS GAUBATZ (Attachments: #1 Text of Proposed Order Order)(Grimm, Bernard) Modified filer on 7/27/2011 (znmw, ).
July 26, 2011 Opinion or Order Filing 93 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHRISTINE BRIM served on 7/11/2011, answer due 9/1/2011; CENTER FOR SECURITY POLICY, INC. served on 7/11/2011, answer due 9/1/2011; SARAH PAVLIS served on 7/25/2011, answer due 9/1/2011; ADAM SAVIT served on 7/11/2011, answer due 9/1/2011 (znmw, )
July 26, 2011 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry #92 Summons Returned Executed as to DC Defendant was entered in error and has been refiled as Docket Entry #93 .(znmw, )
July 26, 2011 Opinion or Order MINUTE ORDER granting #94 Motion to Continue the Scheduling Conference. Accordingly, the Scheduling Conference previously set for August 17, 2011, is hereby vacated; and it is FURTHER ORDERED that the Scheduling Conference is hereby RESCHEDULED for September 1, 2011, at 9:00 a.m. in Courtroom 28A. Signed by Judge Colleen Kollar-Kotelly on July 26, 2011. (SM)
July 25, 2011 Opinion or Order Filing 92 ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Plaintiffs (Al-Khalili, Nadhira) Modified on 7/26/2011 (znmw, ).
July 25, 2011 Opinion or Order Filing 91 NOTICE of Appearance by Robert J. Muise on behalf of CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SARAH PAVLIS, ADAM SAVIT (Muise, Robert)
July 25, 2011 Opinion or Order Filing 90 NOTICE of Appearance by David Yerushalmi on behalf of SARAH PAVLIS (Yerushalmi, David)
July 22, 2011 Opinion or Order MINUTE ORDER (paperless). Defendants the Center for Security Policy, Christine Brim, Sarah Pavlis, and Adam Savit (the "CSP Defendants") have filed a #89 Motion to Extend Time to Answer/Respond to the Second Amended Complaint. Over Plaintiffs' objection, the motion is GRANTED; the CSP Defendants shall have to and including September 1, 2011 to file a pleading or pleadings responding to the Second Amended Complaint. However, the extension is granted on two conditions: (a) counsel for the CSP Defendants shall appear on the CSP Defendants' behalf at the Initial Scheduling Conference scheduled for August 17, 2011, at 9:00 a.m.; and (b) counsel for the CSP Defendants shall participate in the preparation of the parties' report required under Local Civil Rule 16.3 and the Court's #74 Scheduling Order. In addition, the Court expects counsel for the CSP Defendants to be able to describe the basic contours of any responsive pleading to be filed on the CSP Defendants' behalf at the Initial Scheduling Conference. Set/Reset Deadlines: CSP Defendants Answer/Responsive Pleading due by 9/1/2011. Signed by Judge Colleen Kollar-Kotelly on July 22, 2011. (lcckk3)
July 21, 2011 Opinion or Order Filing 89 Emergency MOTION for Extension of Time to File Answer re #76 Amended Complaint, by CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., ADAM SAVIT (Attachments: #1 Text of Proposed Order)(Yerushalmi, David)
July 21, 2011 Opinion or Order Filing 88 NOTICE of Appearance by David Yerushalmi on behalf of CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., ADAM SAVIT (Yerushalmi, David)
July 20, 2011 Opinion or Order Filing 87 RESPONSE TO COURT ORDER re 86 Order by PAUL DAVID GAUBATZ (Attachments: #1 Certificate of Service)(Grimm, Bernard) Modified even title and link on 7/21/2011 (znmw, ).
July 18, 2011 Opinion or Order Filing 86 SEALED ORDER (This document is SEALED and only available to authorized persons.)Signed by Judge Colleen Kollar-Kotelly on 7/18/11.(zdot )
July 18, 2011 Opinion or Order Filing 85 ANSWER to #76 Amended Complaint, by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. Related document: #76 Amended Complaint, filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC., CAIR-FOUNDATION, INC.. (Attachments: #1 Certificate of Service)(Grimm, Bernard)
July 13, 2011 Opinion or Order Filing 84 CASE REFERRED to Magistrate Judge John M. Facciola for review of a computer disk. (kb)
July 13, 2011 Opinion or Order Filing 83 ORDER re referral to Judge Facciola for review of a computer disc filed under seal. Signed by Magistrate Judge John M. Facciola on 7/13/11. (SP, )
July 11, 2011 Opinion or Order Summons Issued (4) as to CHRISTINE BRIM, CENTER FOR SECURITY POLICY, INC., SARAH PAVLIS, ADAM SAVIT for #76 SECOND AMENDED COMPLAINT (mmh)
July 11, 2011 Opinion or Order MINUTE ORDER (paperless). The Gaubatz Defendants' #82 Consent Motion to Extend Time to file Answer is GRANTED; the Gaubatz Defendants shall have to and including July 18, 2011 to serve and file an Answer to the Second Amended Complaint. Set/Reset Deadlines: Answer due by 7/18/2011. Signed by Judge Colleen Kollar-Kotelly on July 11, 2011. (lcckk3)
July 8, 2011 Opinion or Order Filing 82 Consent MOTION for Extension of Time to File Answer re #76 Amended Complaint, by CHRIS GAUBATZ, PAUL DAVID GAUBATZ (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Grimm, Bernard)
July 8, 2011 Opinion or Order Filing 81 Amended MOTION for Extension of Time to File Answer re #80 Consent MOTION for Extension of Time to File Answer re #76 Amended Complaint, by CHRIS GAUBATZ, PAUL DAVID GAUBATZ (Attachments: #1 Certificate of Service, #2 Text of Proposed Order)(Grimm, Bernard)
July 8, 2011 Opinion or Order MINUTE ORDER (paperless). The Gaubatz Defendants' #80 Consent Motion to Extend Time to File Answer and #81 Amended Consent Motion to Extend Time to File Answer are DENIED WITHOUT PREJUDICE. The Gaubatz Defendants have previously been reminded that any request for an extension must state the reason(s) for the request. See Min. Order (Jan. 28, 2010); Min. Order (Apr. 28, 2011). Nevertheless, the Gaubatz Defendants' motions fail to articulate why there is good cause for the requested extension. Signed by Judge Colleen Kollar-Kotelly on July 8, 2011. (lcckk3)
July 7, 2011 Opinion or Order Filing 80 Consent MOTION for Extension of Time to File Answer re #76 Amended Complaint, by CHRIS GAUBATZ, PAUL DAVID GAUBATZ (Attachments: #1 Certificate of Service, #2 Text of Proposed Order)(Grimm, Bernard)
July 6, 2011 Opinion or Order Filing 79 CASE REFERRED to Magistrate Judge John M. Facciola for reviewing a computer disk filed under seal with the Court. (kb)
July 6, 2011 Opinion or Order Filing 78 SEALED MEMORANDUM ORDER (This document is SEALED and only available to authorized persons.)Signed by Judge Colleen Kollar-Kotelly on 7/1/11.(zdot )
July 1, 2011 Opinion or Order Filing 77 ORDER REFERRING CASE TO MAGISTRATE JUDGE. In accordance with Local Civil Rule 72.2(a), this case is REFERRED to Magistrate Judge John M. Facciola for purposes of reviewing a computer disk filed under seal with the Court; the Clerk of the Court shall issue a Form 299 in connection with this referral. Signed by Judge Colleen Kollar-Kotelly on July 1, 2011. (lcckk3)
June 24, 2011 Opinion or Order Filing 76 SECOND AMENDED COMPLAINT against JOHN AND JANE DOE, CHRIS GAUBATZ, PAUL DAVID GAUBATZ, CENTER FOR SECURITY POLICY, INC., CHRISTINE BRIM, ADAM SAVIT, SARAH PAVLIS filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.. (Attachments: #1 Exhibit A)(znmw, )
June 24, 2011 Opinion or Order Filing 75 FIRST AMENDED COMPLAINT against JOHN AND JANE DOE, CHRIS GAUBATZ, PAUL DAVID GAUBATZ filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS, CAIR-FOUNDATION, INC..(znmw, )
June 24, 2011 Opinion or Order Filing 74 SCHEDULING ORDER: Initial Scheduling Conference set for 8/17/2011 09:00 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on 6/24/11. (dot )
June 24, 2011 Opinion or Order Filing 73 MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on June 24, 2011. (lcckk3)
June 24, 2011 Opinion or Order Filing 72 ORDER. For the reasons stated in the accompanying memorandum opinion, Plaintiffs' #43 First Motion to Amend and #48 Second Motion to Amend are GRANTED, on the condition that Plaintiffs effect service of the Summons and the Second Amended Complaint on each of the CSP Defendants, and file proof of service with the Court, on or before July 25, 2011; if Plaintiffs fail to effect service of process by the designated date, the Court will dismiss this action without prejudice against the CSP Defendants who have not been served; no extensions will be granted absent compelling circumstances. The Clerk of the Court shall accept Plaintiffs' [48-4] Second Amended Complaint and its [48-5] Exhibit A for filing; the caption in this action is deemed to be amended to the form reflected in Plaintiffs' [48-4] Second Amended Complaint. In addition, the Gaubatz Defendants' #34 Motion to Dismiss is GRANTED-IN-PART and DENIED-IN-PART; specifically, the motion is GRANTED insofar as it seeks dismissal of Plaintiffs' claim for the conversion of electronic data (one component of Count Three of the Second Amended Complaint) and DENIED in all other respects, including with respect to Plaintiffs' claim for the conversion of physical documents (the remainder of Count Three of the Second Amended Complaint); the Gaubatz Defendants shall serve and file their Answer to the Second Amended Complaint on or before July 8, 2011. Finally, an Initial Scheduling Conference will be held on August 17, 2011, at 9:00 a.m., in Courtroom 28A before Judge Colleen Kollar-Kotelly; the Court shall issue a separate scheduling order addressing the obligations of the parties in advance of the conference. Signed by Judge Colleen Kollar-Kotelly on June 24, 2011. (lcckk3)
June 9, 2011 Opinion or Order Filing 71 SEALED MOTION filed by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Certificate of Service, #3 Affidavit)(ztd, )
June 9, 2011 Opinion or Order Filing 70 NOTICE of Filing by PAUL DAVID GAUBATZ (Attachments: #1 Certificate of Service)(Grimm, Bernard)
June 8, 2011 Opinion or Order Set/Reset Deadlines: United States Response due by 6/24/2011. (dot )
June 8, 2011 Opinion or Order MINUTE ORDER (paperless). Upon consideration of a written request received by Chambers on June 8, 2011, the United States shall have to and including Friday, June 24, 2011, to file the response requested by the Courts #68 Sealed Order dated June 1, 2011. Signed by Judge Colleen Kollar-Kotelly on June 8, 2011. (lcckk3)
June 2, 2011 Opinion or Order Filing 69 SEALED MOTION filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit Motion for Extension of time)(ztd, )
June 2, 2011 Opinion or Order Filing 68 SEALED ORDER (This document is SEALED and only available to authorized persons.)Signed by Judge Colleen Kollar-Kotelly on 6/2/11.(zdot, )
May 31, 2011 Opinion or Order Filing 67 ORDER granting Motion to Seal filed by Plaintiff on May 26, 2011. The Clerk of the Court is directed to file Plaintiff's (a) Motion to Seal and (b) Motion for Extension of Time to Respond to Defendant's May 20, 2011 Filing and for Production of Computer Disk at Issue UNDER SEAL pending further order of the Court. Signed by Judge Colleen Kollar-Kotelly on 5/31/11. (dot, )
May 31, 2011 Opinion or Order Filing 66 SEALED Supplemental Response to the Courts May 3, 2011 Order on May 20, 2011 filed by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. re #59 Sealed Order. (This document is SEALED and only available to authorized persons.)(zjf, )
May 31, 2011 Opinion or Order MINUTE ORDER (paperless). Defendant Paul David Gaubatz's #63 Motion to Seal is GRANTED; the Clerk of the Court shall maintain Mr. Gaubatz's [63-1] Supplemental Response to Court's Sealed Order and the accompanying materials UNDER SEAL. Signed by Judge Colleen Kollar-Kotelly on May 31, 2011. (lcckk3)
May 24, 2011 Opinion or Order Filing 65 NOTICE of Filing Sealed Document by PAUL DAVID GAUBATZ re #63 SEALED MOTION filed by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Certificate of Service)(Grimm, Bernard)
May 23, 2011 Opinion or Order Filing 64 REPLY to opposition to motion re #48 MOTION to Amend/Correct Complaint filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS. (Al-Khalili, Nadhira)
May 20, 2011 Opinion or Order Filing 63 SEALED MOTION filed by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(zjf, )
May 13, 2011 Opinion or Order Filing 62 Memorandum in opposition to re #48 MOTION to Amend/Correct Complaint filed by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (Attachments: #1 Text of Proposed Order)(Grimm, Bernard)
May 3, 2011 Opinion or Order Filing 59 SEALED ORDER (This document is SEALED and only available to authorized persons.)Signed by Judge Colleen Kollar-Kotelly on 5/3/11.(zdot, )..... (VACATED IN PART PURSUANT TO ORDER FILED 6/2/2011).....Modified on 6/3/2011 (znmw, ).
May 2, 2011 Opinion or Order Filing 61 SEALED DOCUMENT filed by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit)(ztd, )
May 2, 2011 Opinion or Order Filing 60 SEALED MOTION filed by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (This document is SEALED and only available to authorized persons.)(ztd, )
May 2, 2011 Opinion or Order Filing 58 SEALED ORDER (This document is SEALED and only available to authorized persons.)Signed by Judge Colleen Kollar-Kotelly on 5/2/11.(zdot, )
April 29, 2011 Opinion or Order Filing 57 SEALED ORDER; exhibit (1) (This document is SEALED and only available to authorized persons.)Signed by Judge Colleen Kollar-Kotelly on 4/28/11.(zdot, )
April 28, 2011 Opinion or Order Filing 56 Consent MOTION for Extension of Time to File a Responsive Brief to Plaintiffs Motion to Amend the Complaint by CHRIS GAUBATZ, PAUL DAVID GAUBATZ (Attachments: #1 Text of Proposed Order)(Grimm, Bernard)
April 28, 2011 Opinion or Order MINUTE ORDER (paperless). Defendants' #54 Consent Motion to Extend Time for Defendants to File a Responsive Pleading to Plaintiffs' Motion to Amend the Complaint is DENIED WITHOUT PREJUDICE. Defendants have previously been reminded that "any request for [an] extension must state the reason(s) for the request." Min. Order (Jan. 28, 2010). Nevertheless, Defendants' motion fails to articulate why there is good cause for the requested extension. It also fails to propose a schedule for all other affected deadlines after consulting with opposing counsel; in this case, Plaintiff's deadline to file its reply. Signed by Judge Colleen Kollar-Kotelly on April 28, 2011. (lcckk3)
April 28, 2011 Opinion or Order MINUTE ORDER (paperless). Defendants' #55 Motion to Withdraw Consent Motion to Extend Time to File a Response to the Court's Order to Show Cause is GRANTED. Because the underlying motion has been withdrawn, the Court VACATES its April 27, 2011 Minute Order granted the requested extension. Therefore, Defendants have until and including Friday, April 29, 2011, at 5:00 p.m., to respond to the Court's #49 Order to Show Cause. Signed by Judge Colleen Kollar-Kotelly on April 28, 2011. (lcckk3)
April 28, 2011 Opinion or Order Set/Reset Deadlines: Defendant's Response to Order to Show Cause due by 4/29/2011 (tcb)
April 28, 2011 Opinion or Order MINUTE ORDER granting #56 Consent Motion to Extend Time for Defendants to File a Responsive Brief to Plaintiffs' Motion to Amend the Complaint. Accordingly, Defendants shall have until and including May 13, 2011, to file a responsive brief to Plaintiff's Motion to Amend the Complaint; and Plaintiff shall have until and including May 23, 2011, to reply. Set/Reset Deadlines: Response due by 5/13/2011; Reply due by 5/23/2011. Signed by Judge Colleen Kollar-Kotelly on April 28, 2011. (SM)
April 27, 2011 Opinion or Order Filing 55 MOTION to Withdraw Consent Motion to Extend Time to File a Response to the Courts Order to Show Cause by PAUL DAVID GAUBATZ (Attachments: #1 Text of Proposed Order)(Grimm, Bernard)
April 27, 2011 Opinion or Order Filing 54 Consent MOTION for Extension of Time to File a Responsive Pleading to Plaintiffs Motion to Amend the Complaint by PAUL DAVID GAUBATZ (Attachments: #1 Text of Proposed Order)(Grimm, Bernard)
April 27, 2011 Opinion or Order Filing 53 WITHDRAWN PURSUANT TO MINUTE ORDER FILED 4/28/2011.....Consent MOTION for Extension of Time to File Response/Reply by PAUL DAVID GAUBATZ (Grimm, Bernard) Modified on 4/29/2011 (znmw, ).
April 27, 2011 Opinion or Order VACATED PURSUANT TO MINUTE ORDER FILED 4/28/2011.....MINUTE ORDER granting #53 Defendant's (unopposed) Motion to Extend Time to File Response to the Court's Show Cause Order. Accordingly, Defendant shall have until and including May 13, 2011, to respond to the Court's Show Cause Order. Signed by Judge Colleen Kollar-Kotelly on April 27, 2011. (SM) Modified on 4/29/2011 (znmw, ).
April 25, 2011 Opinion or Order MINUTE ORDER (paperless). On April 12, 2011, CAIR filed a #48 Motion for Leave to File a Second Amended Complaint. Based on that development, the Court directed the parties to file a Joint Status Report designed to clarify the impact, if any, of CAIR's most recent filing on two other pending motions: Defendants' #34 Motion to Dismiss and CAIR's #43 Motion for Leave to File a First Amended Complaint. On April 22, 2011, the parties filed a #52 Joint Status Report, which is "joint" only in name and which the parties apparently took as an opportunity to raise a host of tangential and irrelevant matters that in no way clarify the relationship between the three aforementioned motions. To the extent the parties considered it appropriate to reargue their respective positions, they were mistaken; no such leave was granted and the Court will not consider the parties' submission in resolving the three pending motions. What is clear from the parties' report is that no narrowing of the issues has been achieved. CAIR's #48 Motion for Leave to File a Second Amended Complaint is yet to be fully briefed. Therefore, Consistent with the time limits designated by the Federal Rules of Civil Procedure and the Local Rules of this Court, Defendants shall serve and file their opposition by no later than FRIDAY, APRIL 29, 2011, AT 5:00 P.M.; and CAIR shall file its reply, if any, by no later than MONDAY, MAY 9, 2011, AT 5:00 P.M. On a separate note, the parties are reminded that the Court's alternative dispute resolution procedures (including mediation and a settlement conference before a magistrate judge) are always available; if counsel are interested in pursuing these options, they may contact Chambers jointly at any time. Signed by Judge Colleen Kollar-Kotelly on April 25, 2011. (lcckk3)
April 22, 2011 Opinion or Order Filing 52 STATUS REPORT by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS, CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (Grimm, Bernard)
April 20, 2011 Opinion or Order Filing 51 RESPONSE TO ORDER OF THE COURT re Order,,,,, Redlined (Proposed) Second Amended Complaint filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS. (Al-Khalili, Nadhira)
April 20, 2011 Opinion or Order Filing 50 RESPONSE TO ORDER OF THE COURT re Order,,,,, Redline First Amended Complaint filed by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS. (Al-Khalili, Nadhira)
April 18, 2011 Opinion or Order Filing 49 SEALED ORDER TO SHOW CAUSE (This document is SEALED and only available to authorized persons.)Signed by Judge Colleen Kollar-Kotelly on 4/18/11.(zdot )
April 13, 2011 Opinion or Order MINUTE ORDER (paperless). Pending before the Court are three motions: Defendants' #34 Motion to Dismiss, CAIR's #43 Motion for Leave to File First Amended Complaint, and CAIR's #48 Motion for Leave to File Second Amended Complaint. The relationship between the three motions is reasonably complex, and their factual and legal arguments are to a certain extent overlapping. Accordingly, the parties shall promptly meet and confer and, on or before Friday, April 22, 2011, at 5:00 p.m., file a Joint Status Report with the Court (a) identifying with particularity any and all arguments made in the course of these motions that have been rendered moot or otherwise do not require resolution by virtue of subsequent developments, providing specific references to the record (including docket and page numbers), and (b) providing an explanation as to why Defendants' #34 Motion to Dismiss should not be dismissed without prejudice, with leave to re-file after the Court has resolved the pending motions to amend. Separately, on or before Wednesday, April 20, 2011, at 5:00 p.m., CAIR shall serve and file "redlines" comparing (a) the [48-4] Proposed Second Amended Complaint to the [43-2] Proposed First Amended Complaint; (b) the [48-4] Proposed Second Amendment Complaint to the #1 Complaint; and (c) the [43-2] Proposed First Amended Complaint to the #1 Complaint. Signed by Judge Colleen Kollar-Kotelly on April 13, 2011. (lcckk3)
April 12, 2011 Opinion or Order Filing 48 MOTION to Amend/Correct Complaint by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS (Attachments: #1 Exhibit Exhibit A: CSP Revoked in DC, #2 Memorandum in Support, #3 Exhibit Exhibit A: Brim Deposition, #4 Second Amended Complaint, #5 Exhibit Exhibit A: Confidentiality Agreement)(Al-Khalili, Nadhira)
March 25, 2011 Opinion or Order Filing 47 NOTICE OF SUBSTITUTION OF COUNSEL by Nadhira Al-Khalili on behalf of All Plaintiffs Substituting for attorney Dan Marino, Tillman Finley (Al-Khalili, Nadhira)
April 1, 2010 Opinion or Order Filing 46 NOTICE of Change of Firm Name by CAIR-FOUNDATION, INC., COUNCIL ON AMERICAN-ISLAMIC RELATIONS (Finley, Tillman)
March 15, 2010 Opinion or Order Filing 45 REPLY to opposition to motion re #43 MOTION for Leave to File First Amended Complaint filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS. (Attachments: #1 Exhibit A)(Marino, Daniel)
March 10, 2010 Opinion or Order Filing 44 Memorandum in opposition to re #43 MOTION for Leave to File First Amended Complaint filed by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (Grimm, Bernard)
March 1, 2010 Opinion or Order Filing 43 MOTION for Leave to File First Amended Complaint by COUNCIL ON AMERICAN-ISLAMIC RELATIONS (Attachments: #1 Memorandum in Support, #2 First Amended Complaint)(Marino, Daniel)
February 12, 2010 Opinion or Order MINUTE ORDER (paperless). Plaintiff originally filed its Complaint on October 29, 2009. Defendants Paul David Gaubatz and Chris Gaubatz subsequently filed a #34 Motion to Dismiss on December 20, 2009, which motion is now fully briefed. Thereafter, on February 2, 2010, Plaintiff filed a #40 Notice of Filing First Amended Complaint or, in the Alternative, Motion for Leave to File Same. Plaintiff asserted therein that it is entitled to file the First Amended Complaint as a matter of right under Fed. R. Civ. P. 15(a), as neither Defendant has yet filed an answer, or, alternatively, that the Court should grant Plaintiff leave to amend pursuant to Fed. R. Civ. P. 17(a), so that the claims may be asserted by the real party in interest. It appears that the Clerk's Office automatically docketed the First Amended Complaint based upon Plaintiff's representations that it is entitled to file the First Amended Complaint as a matter of right. Plaintiff, however, was in error, as it failed to acknowledge in its notice that Fed. R. Civ. P. 15(a) was amended, effective December 1, 2009, and no longer permits a party to amend once as a matter of right so long as no responsive pleading has been filed. Rather, the rule now provides that a party may amend its pleading once as a matter of course within either: (a) "21 days after serving it;" or (b) "if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or a motion under Rule 12(b), (e), or (f), whichever is earlier." Accordingly, under the newly-amended Fed. R. Civ. P. 15(a), Plaintiff's deadline for amending its complaint once as a matter of right had passed well before its February 2, 2010 notice. As Plaintiff has misstated the applicable rule, its #40 Notice of Filing First Amended Complaint or, in the Alternative, Motion for Leave to File Same is DENIED WITHOUT PREJUDICE, and the Clerk's Office is directed to correct the docket in this case to reflect that the First Amended Complaint was docketed in error. Plaintiff may re-file an appropriate motion for leave to amend under Fed. R. Civ. P. 15 and/or 17, as it deems appropriate, by no later than March 1, 2010. Finally, in light of this minute order, Defendants' #42 Motion to Extend Time for Filing Answer to Plaintiffs' First Amended Complaint and Jury Demand is DENIED AS MOOT. Signed by Judge Colleen Kollar-Kotelly on February 12, 2010. (lcckk2 )
February 4, 2010 Opinion or Order Filing 42 MOTION for Extension of Time to File Answer re #41 Amended Complaint and Jury Demand by CHRIS GAUBATZ, PAUL DAVID GAUBATZ (Grimm, Bernard)
February 2, 2010 Opinion or Order Filing 41 ENTERED IN ERROR PURSUANT TO ORDER FILED 2/12/2010.....FIRST AMENDED COMPLAINT against JOHN AND JANE DOE, CHRIS GAUBATZ, PAUL DAVID GAUBATZ filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS, CAIR-FOUNDATION, INC..(znmw, ) Modified on 2/16/2010 (znmw, ).
February 2, 2010 Opinion or Order Filing 40 NOTICE of Filing First Amended Complaint or, in the Alternative, Motion for Leave to File Same by COUNCIL ON AMERICAN-ISLAMIC RELATIONS (Attachments: #1 Memorandum in Support, #2 First Amended Complaint)(Marino, Daniel)
January 30, 2010 Opinion or Order Filing 39 REPLY to opposition to motion re #34 First MOTION to Dismiss Rule 12 (b)(6)First MOTION to Dismiss Rule 12 (b)(6) filed by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (Attachments: #1 Declaration Dec. & Exs. in Support of Reply)(Horowitz, Daniel)
January 28, 2010 Opinion or Order Filing 38 Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Memorandum in Opposition to FIRST Motion to Dismiss Rule 12 (b)(6) by CHRIS GAUBATZ, PAUL DAVID GAUBATZ (Grimm, Bernard)
January 28, 2010 Opinion or Order MINUTE ORDER granting Defendants' #38 Consent Motion for Extension of Time to File Reply to Plaintiff's pending response. Accordingly, Defendants shall have until and including Monday, February 1, 2010, to file their reply. However, in the future, any request for extension must state the reason(s) for the request. Set/Reset Deadlines: Replies due by 2/1/2010. Signed by Judge Colleen Kollar-Kotelly on January 28, 2010. (SM)
January 15, 2010 Opinion or Order Filing 37 Memorandum in opposition to re #34 First MOTION to Dismiss Rule 12 (b)(6)First MOTION to Dismiss Rule 12 (b)(6) filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS. (Marino, Daniel)
January 8, 2010 Opinion or Order Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: (SEALED) Telephone Conference held on 1/8/2010. (Court Reporter Wendy C. Ricard.) (zdot, )
January 8, 2010 Opinion or Order MINUTE ORDER (paperless). Having received no indication from Plaintiff, as provided for in the Court's January 7, 2010 minute order, that there is a need to hold the previously scheduled status hearing, the Court hereby VACATES the January 12, 2010 status hearing. The parties shall proceed under the briefing schedule set forth in the Court's December 10, 2009 #30 Order. That is, Plaintiff's opposition to Defendants' Motion to Dismiss is due on or before January 15, 2010, and Defendants' reply, if any, is due on or before January 29, 2010. Signed by Judge Colleen Kollar-Kotelly on January 8, 2010. (lcckk2 )
January 7, 2010 Opinion or Order ENTERED IN ERROR.....Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: (Sealed) Telephone Conference held on 1/7/2010. (Court Reporter Wendy C. Ricard.) (zdot, ) Modified on 1/13/2010 (dot, ).
January 7, 2010 Opinion or Order Filing 36 (SEALED) TRANSCRIPT OF PROCEEDINGS before Judge Colleen Kollar-Kotelly held on December 8, 2009; Court Reporter/Transcriber Wendy C. Ricard, Telephone number (202) 354-3187, 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.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. Redaction Request due 1/28/2010. Redacted Transcript Deadline set for 2/8/2010. Release of Transcript Restriction set for 4/7/2010.(td, )
January 7, 2010 Opinion or Order MINUTE ORDER (paperless). The Court held a status hearing with the parties on December 8, 2009, at which time the Court set a schedule for dispositive motions. See 12/10/09 Order, Docket No. #34 . Pursuant to that schedule, Defendants were to file their dispositive motion by no later than January 8, 2010, and, once such motion was filed and Plaintiff had an opportunity to review it, the Court indicated it would hold a status conference on January 12, 2010, to discuss any jurisdictional discovery issues Plaintiff may wish to raise related to Defendants' motion. As contemplated, Defendants filed their dispositive motion on December 20, 2009. The Court has now reviewed that motion and it does not appear to the Court that the motion raises any jurisdictional discovery issues that need to be discussed at this time or that Plaintiff will require jurisdictional discovery to respond to the arguments raised therein. As such, there appears to be no need to require the parties' attendance at the scheduled January 12th status hearing. The Court therefore proposes that the hearing be vacated and that the parties proceed with the briefing as scheduled. To the extent Plaintiff disagrees, Plaintiff must file a notice with the Court, by no later than12:OO PM NOON on Friday, January 8, 2010, indicating the specific jurisdictional discovery issues that it would raise at the scheduled status hearing. If Plaintiff does not timely file such notice, the Court shall assume Plaintiff agrees that the status hearing is unnecessary and shall vacate the January 12th hearing. The Court shall then either set a motions hearing, as may be necessary, to discuss Defendants' motion to dismiss, or if the motion does not dispose of the case, it shall schedule an initial scheduling conference once the motion has been resolved on the papers alone. Signed by Judge Colleen Kollar-Kotelly on January 7, 2010. (lcckk2 )
December 22, 2009 Opinion or Order Filing 35 ORDER authorizing Wendy Ricard of the Court Reporter's Office to prepare 3 copies of the transcript of the 12/8/09 sealed hearing. The 12/8/09 hearing and any transcript thereof shall remain under seal; The Court's seal shall not preclude counsel from discussing the 12/8/09 hearing and the transcript thereof with their clients, with opposing counsel, or with the Court; Counsel and the parties are precluded from disclosing the 12/8/09 hearing and the transcript thereof to any other third parties.. Signed by Judge Colleen Kollar-Kotelly on 12/22/09. (clv, )
December 20, 2009 Opinion or Order Filing 34 First MOTION to Dismiss Rule 12 (b)(6) by CHRIS GAUBATZ, PAUL DAVID GAUBATZ (Attachments: #1 Memorandum in Support Memorandum of Points and Authorities Motion to Dismiss FrCP 12(b)(6), #2 Declaration Dec & Request for Judicial Notice, #3 Exhibit Exhibits to Dec. & Request for Judicial Notice, #4 Text of Proposed Order Proposed Order)(Horowitz, Daniel)
December 18, 2009 Opinion or Order Filing 33 NOTICE of Proposed Order by CHRIS GAUBATZ, PAUL DAVID GAUBATZ (Attachments: #1 Text of Proposed Order)(Grimm, Bernard)
December 17, 2009 Opinion or Order Filing 32 Memorandum in opposition to re #31 MOTION to Unseal December 8, 2009 Hearing Transcript filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS. (Marino, Daniel)
December 16, 2009 Opinion or Order Filing 31 MOTION to Unseal December 8, 2009 Hearing Transcript by CHRIS GAUBATZ, PAUL DAVID GAUBATZ (Grimm, Bernard)
December 10, 2009 Opinion or Order Filing 30 ORDER. The parties shall abide by the procedures and schedule set forth herein. Signed by Judge Colleen Kollar-Kotelly on December 10, 2009. (lcckk2 )
December 8, 2009 Opinion or Order Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Sealed Hearing held on 12/8/2009. (Court Reporter Lisa Hand.) (dot, )
December 8, 2009 Opinion or Order Filing 29 SEALED ORDER (This document is SEALED and only available to authorized persons.)The emergency status hearing scheduled for December 7, 2009, is hereby continued until December 8, 2009 at 3:00 P.M. in Courtroom 28A.(zdot, )
December 8, 2009 Opinion or Order Filing 28 ORDER Establishing Procedures for Electronic Filing for Cases Assigned to Judge Colleen Kollar-Kotelly, signed on December 8, 2009. (SM)
December 7, 2009 Opinion or Order Filing 27 STATUS REPORT of Rule 26(f) Conference and Case Status by COUNCIL ON AMERICAN-ISLAMIC RELATIONS. (Attachments: #1 Text of Proposed Order by Plaintiff, #2 Text of Proposed Order by Defendants)(Finley, Tillman)
December 4, 2009 Opinion or Order Filing 26 SEALED ORDER: granting Defendant's Motion for Emergency Hearing. The hearing shall be held on December 7, 2009 at 3:00 PM. (This document is SEALED and only available to authorized persons.)(zdot, )
December 2, 2009 Opinion or Order Filing 24 SEALED MOTION filed by CHRIS GAUBATZ, PAUL DAVID GAUBATZ. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Exhibit Joint Motion for an Emergency Hearing, #3 Exhibit Attachment to Emergency Motion for Hearing)(ztd, )
December 2, 2009 Opinion or Order Filing 23 SEALED ORDER re #21 SEALED MOTION filed by UNITED STATES. (This document is SEALED and only available to authorized persons.) filed by UNITED STATES.(This document is SEALED and only available to authorized persons.)(zdot, )
November 30, 2009 Opinion or Order Filing 22 CONSENT ORDER GRANTING PRELIMINARY INJUNCTION #2 . Signed by Judge Colleen Kollar-Kotelly on 11/19/09. (dot, )
November 25, 2009 Opinion or Order Filing 21 SEALED MOTION filed by UNITED STATES. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Notice, #3 Exhibit)(ztd, )
November 20, 2009 Opinion or Order Filing 20 NOTICE of Appearance by Tillman James Finley on behalf of COUNCIL ON AMERICAN-ISLAMIC RELATIONS (Finley, Tillman)
November 19, 2009 Opinion or Order Filing 19 Joint MOTION for Order Granting Motion for Preliminary Injunction by COUNCIL ON AMERICAN-ISLAMIC RELATIONS (Attachments: #1 Text of Proposed Order)(Marino, Daniel)
November 19, 2009 Opinion or Order MINUTE ORDER (paperless). On November 19, 2009, the parties filed a #19 Joint Motion to Enter Consent Order Granting Preliminary Injunction. Upon consideration of the parties' positions set forth therein, the relevant legal authority, and the record of this case as a whole, the Court has today granted the parties' joint motion and has filed a signed copy of the consent order with the Clerk of the Court for posting on the public docket. Accordingly, in light of this consent order granting the parties' proposed preliminary injunction, the Court shall DENY as moot Plaintiff's #2 pending Motion for a Preliminary Injunction and shall VACATE the briefing schedule with respect to that motion, as set forth in the Court's November 13, 2009 Minute Order. Finally, the parties shall file a Joint Status Report, on or before December 11, 2009, advising the Court as to the manner in which the parties want to proceed with this matter and proposing a schedule for further proceedings, as may be appropriate. Signed by Judge Colleen Kollar-Kotelly on November 19, 2009. (lcckk2 )
November 13, 2009 Opinion or Order Filing 18 NOTICE of Proposed Order by PAUL DAVID GAUBATZ, CHRIS GAUBATZ (Grimm, Bernard)
November 13, 2009 Opinion or Order MINUTE ORDER (paperless). On November 13, 2009, the Court held an on-the-record telephone conference call with counsel for all parties. At that time, the parties agreed to extend the #9 Temporary Restraining Order currently in effect in this case pending further Court order. The parties agreed that such an extension was necessary in order to permit the parties additional time to brief (and for the Court to consider) the Plaintiff's now-pending Motion for a Preliminary Injunction. The parties have since confirmed this agreement in writing. See Consent Order, Docket No. #18 . Accordingly, by consent and agreement of all parties and pursuant to Federal Rule of Civil Procedure 65, the Court hereby orders as follows: (1) the Defendants' opposition to Plaintiff's request for a preliminary injunction shall be due on or before Thursday, November 19, 2009; (2) Plaintiff's reply, if any, in support of its request for a preliminary injunction shall be due on or before Monday, November 23, 2009; and (3) the #9 Temporary Restraining Order previously issued in this case shall remain in effect until such time as the Court rules on Plaintiff's motion. Signed by Judge Colleen Kollar-Kotelly on November 13, 2009. (lcckk2 )
November 13, 2009 Opinion or Order Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference held on 11/13/2009, Opposition to the Motion for Temporary Restraining Order due by 11/19/2009; Replies due by 11/23/2009. Counsel shall file their consent to extension of time today. (Court Reporter LISA HAND.) (clv, )
November 12, 2009 Opinion or Order Filing 17 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel Horowitz, :Firm- Law Office of Daniel Horowitz, :Address- P.O. Box 1547, Lafayette, California 94549. Phone No. - 925-283-1863. by PAUL DAVID GAUBATZ, CHRIS GAUBATZ (Grimm, Bernard)
November 12, 2009 Opinion or Order Filing 16 Joint MOTION To Extend Temporary Restraining Order and Modify Briefing Schedule on Plaintiff's Motion for Preliminary Injunction by COUNCIL ON AMERICAN-ISLAMIC RELATIONS (Attachments: #1 Text of Proposed Order Proposed Consent Order, #2 Certificate of Service)(Marino, Daniel)
November 12, 2009 Opinion or Order MINUTE ORDER granting #17 Motion for Leave to Appear Pro Hac Vice as to Attorney Daniel Horowitz. Signed by Judge Colleen Kollar-Kotelly on November 12, 2009. (SM)
November 12, 2009 Opinion or Order MINUTE ORDER (paperless). The Court shall hold an on-the-record telephone conference call tomorrow, Friday, November 13, 2009, at 8:30 A.M., with counsel for all parties to discuss scheduling issues (including the parties' #16 Joint Motion to Extend). Plaintiff's counsel has advised Chambers that he will circulate via e-mail a call-in number that all parties should call at that time. Signed by Judge Colleen Kollar-Kotelly on November 12, 2009. (lcckk2)
November 10, 2009 Opinion or Order Filing 15 NOTICE Supplemental Certification for Motion to Admit Martin Garbus Pro Hac Vice by PAUL DAVID GAUBATZ re Order on Motion for Leave to Appear Pro Hac Vice, (Grimm, Bernard)
November 9, 2009 Opinion or Order Filing 14 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Martin Garbus, :Firm- Eaton & Van Winkle LLP, :Address- 3 Park Avenue, 16th Floor, New York, NY 10016. Phone No. - 212-561-3625. by PAUL DAVID GAUBATZ (Grimm, Bernard)
November 9, 2009 Opinion or Order Filing 13 ORDER REGARDING DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION. The Court hereby advises Defendants that their opposition to Plaintiff's request for a preliminary injunction is currently due on or before Thursday, November 12, 2009. If Defendants do not respond, the Court may treat Plaintiff's motion for a preliminary injunction as conceded. The Clerk of the Court is directed to send a copy of this Order to Defendants at the addresses set forth herein. Signed by Judge Colleen Kollar-Kotelly on November 9, 2009. (lcckk2)
November 9, 2009 Opinion or Order MINUTE ORDER granting #14 Motion for Leave to Appear Pro Hac Vice as to Martin Garbus, contingent upon Mr. Garbus certifying to the Court that he is familiar with the Local Rules of this Court. Signed by Judge Colleen Kollar-Kotelly on November 9, 2009. (SM)
November 4, 2009 Opinion or Order Filing 12 SUPPLEMENTAL MEMORANDUM to re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS. (Attachments: #1 Certificate of Service)(Marino, Daniel)
November 4, 2009 Opinion or Order Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PAUL DAVID GAUBATZ served on 11/4/2009, answer due 11/24/2009; CHRIS GAUBATZ served on 11/4/2009, answer due 11/24/2009 (Attachments: #1 Certificate of Service)(Marino, Daniel)
November 3, 2009 Opinion or Order Filing 10 MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on November 3, 2009. (lcckk2 )
November 3, 2009 Opinion or Order Filing 9 ORDER GRANTING-IN-PART and DENYING-IN-PART CAIR's request for a temporary restraining order, as set forth in its #2 Motion for a Temporary Restraining Order and a Preliminary Injunction. This Order is effective immediately and continuing until and including 11:59 P.M. on November 18, 2009. In addition, CAIR shall have until and including November 4, 2009 in which to file a renewed Motion for a Preliminary Injunction that supplements its previous motion and specifically addresses a number of issues raised by the Court on-the-record at the hearing. CAIR shall also file proof of service with the Court as soon as practicable once service of the Complaint and the Motion for a Preliminary Injunction (as may be supplemented) is made. Signed by Judge Colleen Kollar-Kotelly on November 3, 2009. (lcckk2 )
November 3, 2009 Opinion or Order Filing 8 NOTICE OF Supplemental Certification by COUNCIL ON AMERICAN-ISLAMIC RELATIONS (Attachments: #1 Declaration Pursuant to LCvR 65.1, #2 Declaration of Raabia Wazir, #3 Declaration of Nadhira Al-Khalili)(Marino, Daniel) Modified event title on 11/4/2009 (znmw, ).
November 2, 2009 Opinion or Order Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Motion Hearing held on 11/2/2009 re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS. (Court Reporter Lisa Hand.) (dot, )
October 29, 2009 Opinion or Order Filing 7 NOTICE of Filing of Exhibits by COUNCIL ON AMERICAN-ISLAMIC RELATIONS re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Marino, Daniel)
October 29, 2009 Opinion or Order Filing 6 NOTICE of Defendants' Addresses by COUNCIL ON AMERICAN-ISLAMIC RELATIONS (Marino, Daniel)
October 29, 2009 Opinion or Order Filing 5 NOTICE of Proposed Order by COUNCIL ON AMERICAN-ISLAMIC RELATIONS re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Attachments: #1 Text of Proposed Order)(Marino, Daniel)
October 29, 2009 Opinion or Order Filing 4 ORDER TO APPEAR: the Court shall hold a hearing in this matter to consider Plaintiff's request for a Temporary Restraining Order on 11/2/2009 at 11:30 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. Defendants are directed to appear in person at such hearing in order to respond to Plaintiff's allegations. Plaintiff shall make its best efforts to serve a copy of this Order, along with the summons and complaint and motion for temporary restraining order and preliminary injunction, on Plaintiff in advance of the 11/2/09 hearing. Signed by Judge Colleen Kollar-Kotelly on 10/29/09. (tth, )
October 29, 2009 Opinion or Order Filing 3 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by COUNCIL ON AMERICAN-ISLAMIC RELATIONS identifying Corporate Parent NONE for COUNCIL ON AMERICAN-ISLAMIC RELATIONS. (rdj)
October 29, 2009 Opinion or Order Filing 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by COUNCIL ON AMERICAN-ISLAMIC RELATIONS (Attachments: #1 Memorandum in Support #2 65.0 Certification #3 Text of Proposed Order) (rdj).
October 29, 2009 Opinion or Order Filing 1 COMPLAINT against PAUL DAVID GAUBATZ, CHRIS GAUBATZ, JOHN AND JANE DOE ( Filing fee $ 350, receipt number 4616025014) filed by COUNCIL ON AMERICAN-ISLAMIC RELATIONS. (Attachments: #1 Civil Cover Sheet)(rdj)
October 29, 2009 Opinion or Order Summons (2) Issued as to PAUL DAVID GAUBATZ, CHRIS GAUBATZ. (rdj)

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Search for this case: COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC., et al v. GAUBATZ et al
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Defendant: CHRIS GAUBATZ
Represented By: Bernard S. Grimm
Represented By: Joseph William Eshelman, III
Represented By: Daniel Horowitz
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Defendant: PAUL DAVID GAUBATZ
Represented By: Joseph William Eshelman, III
Represented By: Bernard S. Grimm
Represented By: Daniel Horowitz
Represented By: Martin Garbus
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Defendant: DAVID MARSHALL
Represented By: Bernard S. Grimm
Represented By: Joseph William Eshelman, III
Represented By: Daniel Horowitz
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Defendant: JOHN AND JANE DOE
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Defendant: CENTER FOR SECURITY POLICY, INC.
Represented By: David Eliezer Yerushalmi
Represented By: Erin Elizabeth Mersino
Represented By: J. Thomas Smith
Represented By: Robert Joseph Muise
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Defendant: CHRISTINE BRIM
Represented By: David Eliezer Yerushalmi
Represented By: Erin Elizabeth Mersino
Represented By: J. Thomas Smith
Represented By: Robert Joseph Muise
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Defendant: ADAM SAVIT
Represented By: David Eliezer Yerushalmi
Represented By: Erin Elizabeth Mersino
Represented By: J. Thomas Smith
Represented By: Robert Joseph Muise
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Defendant: SARAH PAVLIS
Represented By: David Eliezer Yerushalmi
Represented By: Erin Elizabeth Mersino
Represented By: J. Thomas Smith
Represented By: Robert Joseph Muise
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Defendant: DAVID YERUSHALMI
Represented By: David Eliezer Yerushalmi
Represented By: Robert Joseph Muise
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Defendant: SOCIETY OF AMERICANS FOR NATIONAL EXISTENCE
Represented By: David Eliezer Yerushalmi
Represented By: Robert Joseph Muise
Represented By: J. Thomas Smith
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Plaintiff: COUNCIL ON AMERICAN-ISLAMIC RELATIONS
Represented By: Faisal Mahmood Gill
Represented By: Haytham Faraj
Represented By: Daniel Marino
Represented By: Jenifer Wicks
Represented By: Michael N. Hanna
Represented By: Nadhira Al-Khalili
Represented By: Nina Kraut
Represented By: Tillman James Finley
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Plaintiff: CAIR-FOUNDATION, INC.
Represented By: Faisal Mahmood Gill
Represented By: Haytham Faraj
Represented By: Daniel Marino
Represented By: Frank T. Allen
Represented By: Gadeir Abbas
Represented By: Jenifer Wicks
Represented By: John W. Dill
Represented By: Joseph A. Scrofano
Represented By: Lena F. Masri
Represented By: Matthew M. Amarin
Represented By: Michael N. Hanna
Represented By: Munia Jabbar
Represented By: Nadhira Al-Khalili
Represented By: Nina Kraut
Represented By: Reshad Staitieh
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Plaintiff: COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC.
Represented By: Faisal Mahmood Gill
Represented By: Haytham Faraj
Represented By: Frank T. Allen
Represented By: Gadeir Abbas
Represented By: Jenifer Wicks
Represented By: John W. Dill
Represented By: Joseph A. Scrofano
Represented By: Lena F. Masri
Represented By: Matthew M. Amarin
Represented By: Michael N. Hanna
Represented By: Munia Jabbar
Represented By: Nadhira Al-Khalili
Represented By: Nina Kraut
Represented By: Reshad Staitieh
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Interested party: UNITED STATES OF AMERICA
Represented By: Lynn E. Haaland
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