SABRA v. POMPEO
| Mohammed Sabra |
| MICHAEL POMPEO |
| BABY M |
| 1:2019cv02090 |
| July 15, 2019 |
| US District Court for the District of Columbia |
| Emmet G Sullivan |
| Civil Rights: Other |
| 28 U.S.C. § 1361 |
| None |
Docket Report
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MINUTE ORDER. In view of the #50 Joint Status Report and the entire record herein, the parties shall file a joint status report by no later than October 9, 2019, advising the Court as to Plaintiff's response to the offer of a November 2019 appointment at the Erez Border Crossing, and whether the October 15, 2019, administrative deadline will or should be further extended. Signed by Judge Emmet G. Sullivan on 9/10/2019. (lcegs3)
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| Set/Reset Deadlines: Joint Status Report due by 10/9/2019. (mac) |
| Filing 50 Joint STATUS REPORT by MICHAEL POMPEO. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Valdivia, Diana) |
| Filing 49 REPLY to opposition to motion re #39 MOTION for Summary Judgment Public REDACTED filed by MICHAEL POMPEO. (Valdivia, Diana) |
| Filing 48 Memorandum in opposition to re #15 MOTION for Summary Judgment Public REDACTED filed by MICHAEL POMPEO. (Attachments: #1 Declaration (Supplemental) REDACTED of Vice Consul Joshua Woda, #2 Statement of Facts REDACTED Responses to Plaintiff'sStatement of Material Facts)(Valdivia, Diana) |
| Filing 47 REDACTED DOCUMENT- Redacted Declaration of Samera Sabra to #44 Reply to opposition to Motion, by MOHAMMED SABRA. (Jump, Christina) |
| Filing 46 REDACTED DOCUMENT- Redacted Declaration of Ali Sabra to #44 Reply to opposition to Motion, by MOHAMMED SABRA. (Jump, Christina) |
| Filing 45 SEALED DOCUMENT filed by MICHAEL POMPEO(This document is SEALED and only available to authorized persons.)(Valdivia, Diana) |
| Set/Reset Hearings: Status Conference set for 9/4/2019 at 1:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) |
| Set/Reset Deadlines: Defendant To File Under Seal The Medical Doctor's Name And Contact Information due by 9/6/2019. (mac) |
| Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 9/4/2019. Parties Proposed Order due by 9/9/2019. The Court Will Keep The Record Open. (Court Reporter SCOTT WALLACE.) (mac) |
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MINUTE ORDER granting #43 Plaintiff's Motion for Leave to File Declarations Under Seal. Signed by Judge Emmet G. Sullivan on 9/4/2019. (lcegs3)
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| Filing 44 REPLY to opposition to motion re #39 MOTION for Summary Judgment Public REDACTED filed by MOHAMMED SABRA. (Attachments: #1 Exhibit Exhibit Index, #2 Exhibit Notice of Sealed Exhibit 1, #3 Exhibit Notice of Sealed Exhibit 2)(Jump, Christina) |
| Filing 43 MOTION for Leave to File Declarations Under Seal by MOHAMMED SABRA (Attachments: #1 Text of Proposed Order)(Jump, Christina) |
| Filing 42 SEALED REPLY TO OPPOSITION filed by MOHAMMED SABRA re #39 MOTION for Summary Judgment Public REDACTED (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit Exhibit Index, #2 Exhibit Exhibit 1 - Amended Declaration of Ali Sabra, #3 Exhibit Exhibit 2 - Declaration of Samera Sabra)(Jump, Christina) |
| Filing 41 NOTICE of Appearance by Leila E. Mustafa on behalf of MOHAMMED SABRA (Mustafa, Leila) |
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MINUTE ORDER. Due to the Court's calendar, the status hearing currently scheduled for September 4, 2019 at 10:30 AM will now take place on September 4, 2019 at 1:00 PM in Courtroom 24A. PLEASE NOTE THE TIME CHANGE. The Court regrets any inconvenience to the parties. Signed by Judge Emmet G. Sullivan on 9/3/2019. (lcegs3)
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MINUTE ORDER. In view of #40 Defendant's Status Report that states Defendant has contacted a licensed and experienced medical doctor practicing in Gaza who has previously contracted with the U.S. Embassy in Jerusalem to perform medical examinations in connection with visa applications, the Court adopts Defendant's proposal to discuss at the September 4, 2019 status hearing the logistics for retaining the medical doctor, obtaining an independent medical evaluation of Baby M, and submitting a written report to the Court. Defendant is directed to file under seal the medical doctor's name and contact information by no later than September 6, 2019. Signed by Judge Emmet G. Sullivan on 9/3/2019. (lcegs3)
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| Filing 40 STATUS REPORT by MICHAEL POMPEO. (Valdivia, Diana) |
| Set/Reset Deadlines: Plaintiff Amended Declaration Of Ali Sabra due by 9/3/2019. (mac) |
| Filing 39 MOTION for Summary Judgment Public REDACTED by MICHAEL POMPEO (Attachments: #1 Memorandum in Support Public REDACTED, #2 Declaration of Vice-Consul Joshua Woda, Public REDACTED, #3 Declaration of Darren Sullivan, #4 Statement of Facts Public REDACTED, #5 Text of Proposed Order)(Valdivia, Diana) |
| Filing 38 MOTION for Leave to File supplemental Declaration of Ali Sabra and File Documents Under Seal (Doc 37) by MOHAMMED SABRA (Attachments: #1 Text of Proposed Order)(Jump, Christina) |
| Filing 37 SEALED DOCUMENT filed by MOHAMMED SABRA re #23 Sealed Reply, #32 Status Report (This document is SEALED and only available to authorized persons.)(Jump, Christina) |
| Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion Hearing held on 8/27/2019 re #15 Motion For Summary Judgment. The Court Will Keep The Record Open. Status Conference set for 9/4/2019 at 10:30 AM in Courtroom 24A before Judge Emmet G. Sullivan. (Court Reporter SCOTT WALLACE.) (mac) |
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MINUTE ORDER finding as moot #38 Plaintiff's Motion for Leave to File Supplemental Declaration of Ali Sabra and File Documents Under Seal. For the reasons stated on the record during the hearing held on August 27, 2019, Plaintiff is directed to file an Amended Declaration of Ali Sabra by no later than September 3, 2019. In accordance with the Minute Order of August 6, 2019, Plaintiff shall file a redacted version of the amended declaration on the public docket within ten days of this Order. Signed by Judge Emmet G. Sullivan on 8/27/2019. (lcegs3)
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| Filing 36 MEMORANDUM re #18 SEALED MOTION filed by MICHAEL POMPEO. (This document is SEALED and only available to authorized persons.) filed by MICHAEL POMPEO, #15 MOTION for Summary Judgment filed by MOHAMMED SABRA by BABY M. (Kelly, Caroline) |
| Filing 35 NOTICE of Appearance by Caroline Kelly on behalf of BABY M (Kelly, Caroline) |
| Filing 34 SUPPLEMENTAL MEMORANDUM to re #18 SEALED MOTION filed by MICHAEL POMPEO. (This document is SEALED and only available to authorized persons.) filed by MICHAEL POMPEO. (Attachments: #1 Declaration of Monica Gaw, #2 Declaration of Elisa Beth Greene)(Valdivia, Diana) |
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MINUTE ORDER. Upon consideration of #33 Plaintiff's Motion to Clarify the Court's August 16, 2019 Minute Order, Plaintiff shall file a response to #34 Defendant's Supplemental Memorandum concerning the origins of the biological requirement in the U.S. Department of State's Foreign Affairs Manual by no later than 12:00 PM on September 2, 2019. Signed by Judge Emmet G. Sullivan on 8/26/2019. (lcegs3)
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| Set/Reset Deadlines: Plaintiff Response To #34 Defendant's Supplemental Memorandum Concerning The Origins Of The Biological Requirement In The U.S. Department Of State's Foreign Affairs Manual due on 9/2/2019 by 12:00PM. (mac) |
| Filing 33 MOTION to Clarify re Order,,, as to Supplemental Briefing by MOHAMMED SABRA (Attachments: #1 Text of Proposed Order)(Jump, Christina) |
| Filing 32 Joint STATUS REPORT by MICHAEL POMPEO. (Valdivia, Diana) |
| Filing 31 NOTICE Regarding Parole by MICHAEL POMPEO (Valdivia, Diana) |
| Filing 30 SUPPLEMENTAL MEMORANDUM to re #18 SEALED MOTION filed by MICHAEL POMPEO. (This document is SEALED and only available to authorized persons.) Supplemental Briefing filed by MOHAMMED SABRA. (Attachments: #1 Exhibit Chacoty v. Pompeo Opinion, #2 Text of Proposed Order)(Jump, Christina) |
| Filing 27 NOTICE of Appearance by Dorothy Ames Jeffress on behalf of BABY M (Jeffress, Dorothy) (Main Document 27 replaced on 8/21/2019) (zjf). |
| Filing 29 SEALED REPLY TO OPPOSITION re #18 SEALED MOTION for Summary Judgment filed by MICHAEL POMPEO. (This document is SEALED and only available to authorized persons.) (This document is SEALED and only available to authorized persons.)(zjf) |
| Filing 28 SEALED OPPOSITION filed by MICHAEL POMPEO re #15 MOTION for Summary Judgment (Attachments: #1 Statement of Facts Counter Statement of Facts, #2 Declaration (Supplemental) of Vice-Consul Joshua Woda)(zjf) |
| Set/Reset Deadlines/Hearings: Plaintiff's supplemental brief due by 12:00 PM on 8/21/2019. Response due by 12:00 PM on 8/26/2019. Joint status report due by 12:00 PM on 8/23/2019 Motion Hearing set to resume on 8/27/2019 at 1:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (zcdw) |
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MINUTE ORDER. For the reasons stated on the record during the motions hearing held on August 16, 2019, the Court ORDERS supplemental briefing on the following two issues: (1) the applicability of 8 U.S.C. 1503 in this case; and (2) the origins of the biological requirement in the United States Department of State's Foreign Affairs Manual. Plaintiff shall file his supplemental brief by no later than 12:00 PM on August 21, 2019; and the government shall its response by no later than 12:00 PM on August 26, 2019. The parties are directed to submit a joint status report by no later than 12:00 PM on August 23, 2019, updating the Court on the status of the emergency advance parole application process through the United States Citizenship and Immigration Services. The motions hearing shall resume on August 27, 2019 at 1:00 PM in Courtroom 24A. Signed by Judge Emmet G. Sullivan on 8/16/2019. (lcegs3)
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MINUTE ORDER. The Court hereby appoints Amy Jeffress, Esq., Partner at Arnold & Porter LLP, as the guardian ad litem for Baby M. Signed by Judge Emmet G. Sullivan on 8/16/2019. (lcegs3)
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MINUTE ORDER. The Clerk of Court is directed to add Baby M, the minor child, as a party to this case. Signed by Judge Emmet G. Sullivan on 8/16/2019. (lcegs3)
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| Set/Reset Hearings: Motion Hearing set for 8/16/2019 at 1:30 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) |
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MINUTE ORDER. Due to the Court's calendar, the motions hearing currently scheduled for August 16, 2019 at 11:00 AM will now take place on August 16, 2019 at 1:30 PM in Courtroom 24A. PLEASE NOTE THE TIME CHANGE. The Court regrets any inconvenience to the parties. Signed by Judge Emmet G. Sullivan on 8/16/2019. (lcegs3)
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MINUTE ORDER. The parties are directed to be prepared to discuss in today's hearing issues that include, but are not limited to, the following: (1) The decision in Committee on the Judiciary, U.S. House of Representatives v. Miers, 558 F. Supp. 2d 53, 81-82 (D.D.C. 2008) (explaining that, although "in most cases a plaintiff [must] identify a statutory (or a common law) cause of action" as the basis for relief under the Declaratory Judgment Act, that requirement does not apply in cases "requesting declaratory relief where subject matter jurisdiction [is] present and a plaintiff's constitutional rights [are] arguably implicated"); (2) Whether the Court must appoint a guardian ad litem for Baby M, the minor child, under Federal Rule of Civil Procedure 17(c). Signed by Judge Emmet G. Sullivan on 8/16/2019. (lcegs3)
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MINUTE ORDER. Plaintiff is directed to provide an update to the Court on the status of Baby M's medical condition at today's hearing. Signed by Judge Emmet G. Sullivan on 8/16/2019. (lcegs3)
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MINUTE ORDER granting #20 Sealed Motion for Leave to File Document Under Seal; granting #22 Motion for Leave to File Memorandum in Opposition Under Seal; granting #24 Sealed Motion for Leave to File Document Under Seal; granting #26 Motion for Leave to File Plaintiff's Reply in Support of His Motion for Summary Judgment Under Seal. In accordance with the Minute Order of August 6, 2019, the parties shall file redacted versions of the documents on the public docket within twenty-one days of this Order. Signed by Judge Emmet G. Sullivan on 8/16/2019. (lcegs3)
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| Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion Hearing held on 8/16/2019 re #15 Motion for Summary Judgment filed by MOHAMMED SABRA. Motion Hearing will resume on 8/27/2019 at 01:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. The Court Will Issue An Appropriate Minute Order. (Court Reporter WILLIAM ZAREMBA.) (mac) |
| Filing 26 MOTION for Leave to File Plaintiff's Reply in Support of His Motion for Summary Judgment Under Seal (Doc. 23) by MOHAMMED SABRA (Attachments: #1 Text of Proposed Order)(Jump, Christina) |
| Filing 25 REPLY to opposition to motion re #15 MOTION for Summary Judgment REDACTED filed by MOHAMMED SABRA. (Attachments: #1 Statement of Facts Redacted Reply to Counter Statement of Facts, #2 Declaration Redacted Declaration of M. Sabra with Redacted Internal Exhibits)(Jump, Christina) |
| Filing 24 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by MICHAEL POMPEO (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order for Defendant's Sealing Motion, #2 Reply in Further Support of Defendant's Motion for Summary Judgment)(Valdivia, Diana) |
| Filing 23 SEALED REPLY TO OPPOSITION filed by MOHAMMED SABRA re #15 MOTION for Summary Judgment (This document is SEALED and only available to authorized persons.) (Attachments: #1 Statement of Facts Reply to Counter Statement of Facts, #2 Declaration Supplemental Declaration of M. Sabra with Exhibits, #3 Text of Proposed Order)(Jump, Christina) |
| Filing 22 MOTION for Leave to File memorandum in opposition under seal by MOHAMMED SABRA (Attachments: #1 Text of Proposed Order)(Jump, Christina) |
| Filing 21 SEALED OPPOSITION filed by MOHAMMED SABRA. re #18 SEALED MOTION filed by MICHAEL POMPEO. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Declaration Declaration of M. Sabra, #2 Statement of Facts Counter Statement of Facts, #3 Text of Proposed Order)(Jump, Christina) |
| Filing 20 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by MICHAEL POMPEO (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order re motion to seal, #2 Memorandum in Support of Defendant's Opposition to Plaintiff's Motion for Summary Judgment, #3 Declaration (Supplemental) of Vice-Consul Joshua Woda, #4 Defendant's Responses to Plaintiff's Statement of Facts)(Valdivia, Diana) |
| Filing 19 Memorandum in opposition to re #18 SEALED MOTION filed by MICHAEL POMPEO. (This document is SEALED and only available to authorized persons.) filed by MOHAMMED SABRA. (Attachments: #1 Statement of Facts Counter Statement of Facts, #2 Declaration Declaration of M. Sabra, #3 Text of Proposed Order)(Jump, Christina) |
| Filing 18 SEALED MOTION for Summary Judgment filed by MICHAEL POMPEO. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Declaration of Joshua Woda, #4 Declaration, #5 Text of Proposed Order Darren Sullivan)(zjf) |
| Filing 16 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by MICHAEL POMPEO (This document is SEALED and only available to authorized persons.) (Attachments: #1 Text of Proposed Order, #2 Motion for Summary Judgment, #3 Memorandum in Support, #4 Declaration of Joshua Woda, #5 Declaration Darren Sullivan, #6 Statement of Facts, #7 Text of Proposed Order)(Valdivia, Diana) |
| Filing 15 MOTION for Summary Judgment by MOHAMMED SABRA (Attachments: #1 Statement of Facts, #2 Memorandum in Support, #3 Text of Proposed Order)(Jump, Christina) |
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MINUTE ORDER granting #16 Sealed Motion for Leave to File Documents Under Seal. However, there is a strong presumption in favor of public access to judicial records. See, e.g., Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978) ("It is clear that the courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents."). Given this presumption and the ease with which confidential and proprietary information may be redacted from documents before they are filed publicly, Defendant is directed to file redacted versions of the documents on the public docket within twenty-one days of this Order. Defendant is cautioned that redactions shall be made solely to the extent necessary to preserve the confidential or proprietary nature of the relevant information. Signed by Judge Emmet G. Sullivan on 8/6/2019. (lcegs3)
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| Filing 17 MOTION to Vacate Status Conference by MICHAEL POMPEO. (See Docket Entry #14 to view document) (jf) |
| Filing 14 Joint STATUS REPORT and Motion to Vacate by MICHAEL POMPEO. (Attachments: #1 Text of Proposed Order)(Valdivia, Diana) |
| Set/Reset Hearings: Status Conference set for 8/2/2019 at 4:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) |
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MINUTE ORDER. Upon consideration of the parties' #14 joint proposed briefing schedule, and for the reasons stated in the Status Conference held on August 2, 2019, the following schedule shall govern the proceedings in this case: (1) the parties shall file their cross-motions for summary judgment by no later than 12:00 PM on August 6, 2019; (2) the parties shall file their opposition briefs by no later than 12:00 PM on August 13, 2019; and (3) the parties shall file their reply briefs by no later than 12:00 PM on August 15, 2019. The parties shall submit to the Court two hard copies and one USB drive containing all pleadings by no later than 3:00 PM on August 15, 2019. All submissions to the Court shall be single-sided, double-spaced, and use 12-point Times New Roman font and one-inch page margins. Each set of hard copies shall be in three-ring binders, with appropriate tables of contents and tabs, and the binders shall be clearly labeled to identify the pleading therein. A hearing on the cross-motions for summary judgment is scheduled for August 16, 2019 at 11:00 AM in Courtroom 24A. Signed by Judge Emmet G. Sullivan on 8/2/2019. (lcegs3)
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MINUTE ORDER denying #14 Motion to Vacate the Status Conference. Signed by Judge Emmet G. Sullivan on 8/2/2019. (lcegs3)
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| Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 8/2/2019. Cross Motions due by 12:00PM on 8/6/2019. Responses to Cross Motions due by 12:00PM on 8/13/2019. Replies to Cross Motions due by 12:00PM on 8/15/2019. Motion Hearing set for 8/16/2019 at 11:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (Court Reporter SCOTT WALLACE.) (mac) |
| Filing 13 NOTICE of Appearance by Diana Viggiano Valdivia on behalf of MICHAEL POMPEO (Valdivia, Diana) |
| Filing 12 Emergency MOTION to Expedite by MOHAMMED SABRA (Attachments: #1 Text of Proposed Order)(Jump, Christina) |
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MINUTE ORDER. Upon consideration of #12 Plaintiff's Emergency Motion for Expedited Consideration of the #1 Complaint for Declaratory, Injunctive and Mandamus Relief, the Court, sua sponte, schedules a Status Conference for August 2, 2019 at 4:00 PM in Courtroom 24A. On August 1, 2019, the Court contacted a representative in the United States Attorney's Office for the District of Columbia in order for the Chief of the Civil Division to identify government counsel. Signed by Judge Emmet G. Sullivan on 8/1/2019. (lcegs3)
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MINUTE ORDER. Chambers received a voicemail message from Plaintiff's counsel requesting to appear via telephone at the Status Conference currently scheduled for August 2, 2019. For the reasons stated therein, the Court hereby grants Plaintiff's request. Plaintiff's counsel shall contact Mr. Mark Coates, the Courtroom Deputy Clerk, for the dial-in information. See Standing Order, ECF No. #11 at 2 3. Signed by Judge Emmet G. Sullivan on 8/1/2019. (lcegs3)
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Filing 11
STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 07/29/19. (Attachment: Exhibit 1) (mac)
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| Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MICHAEL POMPEO served on 7/22/2019 (Jump, Christina) |
| Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/22/2019. (Jump, Christina) |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/22/2019. Answer due for ALL FEDERAL DEFENDANTS by 9/20/2019. (Jump, Christina) |
| Filing 7 SUMMONS (4) Issued Electronically as to MICHAEL POMPEO, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zsb) |
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Filing 6
ORDER granting #2 Motion for Leave to File complaint under seal. Signed by Chief Judge Beryl A. Howell on 07/19/2019. (zsb)
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| Case Assigned to Judge Emmet G. Sullivan. (zsb) |
| Filing 5 NOTICE of Appearance by Charles Davidson Swift on behalf of Mohammed Sabra (Swift, Charles) |
| Filing 4 NOTICE of Appearance by Christina A. Jump on behalf of Mohammed Sabra (Jump, Christina) |
| Filing 3 SEALED DOCUMENT filed by Mohammed Sabra re #2 MOTION for Leave to File complaint under seal (This document is SEALED and only available to authorized persons.)(Jump, Christina) |
| Filing 2 MOTION for Leave to File complaint under seal by Mohammed Sabra (Attachments: #1 Text of Proposed Order Proposed Order)(Jump, Christina) |
| Filing 1 COMPLAINT against MICHAEL POMPEO ( Filing fee $ 400 receipt number 0090-6253559) filed by Mohammed Sabra. (Attachments: #1 Civil Cover Sheet, #2 Summons Requests for Summons, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K)(Jump, Christina) |
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