Brady et al v. Xe Services LLC et al
| Estate of Kalled Abrahem Al Mafraje, Estate of Sahab Naser Shamake, Estate of Nasear Hamza Latif Rahief, Estate of Ali Kinani, Estate of Mahde Sahab Naser Shamake, Estate of Abrahem Abed Al Mafraje, Estate of Ghassan Abad Alkarem Mahmood, Estate of Mohammed H Abdulrazzaq Kinani and Estate of Majid Salman Abed Al-Kareem |
| Greystone Limited, Raven Development Group LLC, Aviation Worldwide Services, LLC, Blackwater Security Consulting LLC, Samarus Co Ltd, Dustin L Heard, Paul Alvin Slough, Donald Wayne Ball, Greystone LTD, Terrorism Research Center Incorporated, U.S. Training Center, Inc., Presidential Airways, Inc., Nicholas Abram Slatten, Total Intelligence Solutions LLC, Jeremy P Ridgeway, Erik Prince, Air Quest Inc., GSD Manufacturing LLC, Xe Services LLC, Evan Shawn Liberty, Technical Defense Associates Incorporated, STI Aviation Inc, Prince Group LLC and Guardian Flight Systems LLC |
| 5:2009cv00450 |
| October 16, 2009 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAKE |
| Terrence W Boyle |
| P.I.: Other |
| 28 U.S.C. § 1442 |
| Plaintiff |
Docket Report
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Filing 34
ORDER denying #12 Motion to Remand; granting #22 Motion for Extension of Time to File Response/Reply ; granting #23 Motion for Jurisdictional Discovery. Plaintiff has 30 days from the filing of this order to conduct jurisdictionaly discovery and 14 days from the filing of this order to file a response. Additionally, Case number 5:09-cv-449-BO has been designated as the lead case and ALL FUTURE FILINGS should be made ONLY in 5:09-cv-449-BO. 5:09-cv-450-BO will be closed. Signed by Judge Terrence W. Boyle on 5/17/10. (Talbert, S.)
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| Remark - Civil Case Terminated per ORDER at DE# 34 Consolidating cases 5:09-cv-449 and 450 and making 5:09-cv-449-BO the LEAD Case. PLEASE DO NOT FILE ANYTHING FURTHER IN THIS CASE. (Talbert, S.) |
| Filing 33 Minute Entry for proceedings held before Judge Terrence W. Boyle: Motion Hearing held on 4/9/2010 re #23 MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY re #21 Memorandum in Support,, MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY re #21 Memorandum in Support,, filed by Estate of Nasear Hamza Latif Rahief, Estate of Abrahem Abed Al Mafraje, Estate of Ghassan Abad Alkarem Mahmood, Estate of Kalled Abrahem Al Mafraje, Estate of Mohammed H Abdulrazzaq Kinani, Estate of Ali Kinani, Estate of Sahab Naser Shamake, Estate of Majid Salman Abed Al-Kareem, Estate of Mahde Sahab Naser Shamake, #12 MOTION to Remand filed by Estate of Nasear Hamza Latif Rahief, Estate of Abrahem Abed Al Mafraje, Estate of Ghassan Abad Alkarem Mahmood, Estate of Kalled Abrahem Al Mafraje, Estate of Mohammed H Abdulrazzaq Kinani, Estate of Sahab Naser Shamake, Estate of Ali Kinani, Estate of Majid Salman Abed Al-Kareem, Estate of Mahde Sahab Naser Shamake, #22 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss of Defendant Jeremy P. Ridgeway MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss of Defendant Jeremy P. Ridgeway MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss of Defendant Jeremy P. Ridgeway filed by Estate of Nasear Hamza Latif Rahief, Estate of Abrahem Abed Al Mafraje, Estate of Ghassan Abad Alkarem Mahmood, Estate of Kalled Abrahem Al Mafraje, Estate of Mohammed H Abdulrazzaq Kinani, Estate of Sahab Naser Shamake, Estate of Ali Kinani, Estate of Majid Salman Abed Al-Kareem, Estate of Mahde Sahab Naser Shamake. The Court will enter a written Order. Attorneys for all parties were present. THE DOCUMENT ATTACHED IS FOR COURT PERSONNEL ONLY. (Court Reporter Donna Tomawski.) (Talbert, S.) |
| NOTICE of Hearing on Motion #12 MOTION to Remand, #22 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss of Defendant Jeremy P. Ridgeway, #23 MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY : Motion Hearing set for 4/9/2010 11:00 AM in Raleigh - Courtroom TBA before Judge Terrence W. Boyle. (Talbert, S.) |
| Filing 32 NOTICE of Hearing on Motion #22 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss of Defendant Jeremy P. Ridgeway MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss of Defendant Jeremy P. Ridgeway MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss of Defendant Jeremy P. Ridgeway, #23 MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY re #21 Memorandum in Support, MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY re #21 Memorandum in Support, #15 MOTION to Dismiss: Motion Hearing RESET for 4/9/2010 11:00 AM in Raleigh - Courtroom TBA before Judge Terrence W. Boyle. (Ruffin, L.) |
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Filing 31
ORDER granting #30 Motion to Continue April 6, 2010 Hearing. Signed by Judge Terrence W. Boyle on 4/2/2010. (Ruffin, L.)
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| Remark: Please note that in additon to the Motion for Extension of Time and the Motion for Jurisdictional Discovery, the Court may hear the Motion for Remand as well. (Talbert, S.) |
| Motions Submitted: #30 Consent MOTION to Continue April 6, 2010 Hearing submitted to Judge Boyle's chambers. (Talbert, S.) |
| Filing 30 Consent MOTION to Continue April 6, 2010 Hearing by Estate of Ali Kinani, Estate of Abrahem Abed Al Mafraje, Estate of Mahde Sahab Naser Shamake, Estate of Mohammed H Abdulrazzaq Kinani, Estate of Kalled Abrahem Al Mafraje, Estate of Sahab Naser Shamake, Estate of Majid Salman Abed Al-Kareem, Estate of Nasear Hamza Latif Rahief, Estate of Ghassan Abad Alkarem Mahmood. (Attachments: #1 Appendix [Proposed] Order) (Roberts, James) |
| Filing 29 MOTION to Continue April 6, 2010 Hearing by Estate of Ali Kinani, Estate of Abrahem Abed Al Mafraje, Estate of Mahde Sahab Naser Shamake, Estate of Mohammed H Abdulrazzaq Kinani, Estate of Kalled Abrahem Al Mafraje, Estate of Sahab Naser Shamake, Estate of Majid Salman Abed Al-Kareem, Estate of Nasear Hamza Latif Rahief, Estate of Ghassan Abad Alkarem Mahmood. (Attachments: #1 Appendix [Proposed] Order) (Roberts, James) |
| Filing 28 NOTICE of Hearing on Motion #22 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss of Defendant Jeremy P. Ridgeway MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss of Defendant Jeremy P. Ridgeway MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss of Defendant Jeremy P. Ridgeway, #23 MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY re #21 Memorandum in Support,, MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY re #21 Memorandum in Support,, : Motion Hearing set for 4/6/2010 11:00 AM in Raleigh - Courtroom TBA before Judge Terrence W. Boyle. (Talbert, S.) |
| Filing 27 NOTICE by Estate of Ali Kinani, Estate of Abrahem Abed Al Mafraje, Estate of Mahde Sahab Naser Shamake, Estate of Mohammed H Abdulrazzaq Kinani, Estate of Kalled Abrahem Al Mafraje, Estate of Sahab Naser Shamake, Estate of Majid Salman Abed Al-Kareem, Estate of Nasear Hamza Latif Rahief, Estate of Ghassan Abad Alkarem Mahmood SUGGESTION OF SUBSEQUENTLY DECIDED AUTHORITY (Attachments: #1 Exhibit A) (Roberts, James) |
| Motions Submitted: #23 MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY re #21 Memorandum in Support, #22 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss of Defendant Jeremy P. Ridgeway submitted to Judge Boyle's chambers. (Talbert, S.) |
| Filing 26 REPLY to Response to Motion re #23 MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY re #21 Memorandum in Support,, MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY re #21 Memorandum in Support,, filed by Estate of Ali Kinani, Estate of Abrahem Abed Al Mafraje, Estate of Mahde Sahab Naser Shamake, Estate of Mohammed H Abdulrazzaq Kinani, Estate of Kalled Abrahem Al Mafraje, Estate of Sahab Naser Shamake, Estate of Majid Salman Abed Al-Kareem, Estate of Nasear Hamza Latif Rahief, Estate of Ghassan Abad Alkarem Mahmood. (Attachments: #1 Addendum of Unpublished Cases) (Roberts, James) |
| Filing 25 Memorandum in Support re #24 Response in Opposition to Motion to Conduct Jurisdictional Discovery filed by Jeremy P Ridgeway. (Maginnis, Edward) |
| Filing 24 RESPONSE in Opposition re #23 MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY re #21 Memorandum in Support,, MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY re #21 Memorandum in Support,, filed by Jeremy P Ridgeway. (Maginnis, Edward) |
| Filing 23 MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY re #21 Memorandum in Support,, by Estate of Ali Kinani, Estate of Abrahem Abed Al Mafraje, Estate of Mahde Sahab Naser Shamake, Estate of Mohammed H Abdulrazzaq Kinani, Estate of Kalled Abrahem Al Mafraje, Estate of Sahab Naser Shamake, Estate of Majid Salman Abed Al-Kareem, Estate of Nasear Hamza Latif Rahief, Estate of Ghassan Abad Alkarem Mahmood. (Attachments: #1 Text of Proposed Order) (Roberts, James) |
| Filing 22 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss of Defendant Jeremy P. Ridgeway by Estate of Ali Kinani, Estate of Abrahem Abed Al Mafraje, Estate of Mahde Sahab Naser Shamake, Estate of Mohammed H Abdulrazzaq Kinani, Estate of Kalled Abrahem Al Mafraje, Estate of Sahab Naser Shamake, Estate of Majid Salman Abed Al-Kareem, Estate of Nasear Hamza Latif Rahief, Estate of Ghassan Abad Alkarem Mahmood. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order) (Roberts, James) |
| Filing 21 Memorandum in Support re #20 MOTION for Discovery MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY, OR IN THE ALTERNATIVE, FOR AN EXTENSION OF TIME TO RESPOND TO RIDGEWAY'S MOTION TO DISMISS filed by Estate of Ali Kinani, Estate of Abrahem Abed Al Mafraje, Estate of Mahde Sahab Naser Shamake, Estate of Mohammed H Abdulrazzaq Kinani, Estate of Kalled Abrahem Al Mafraje, Estate of Sahab Naser Shamake, Estate of Majid Salman Abed Al-Kareem, Estate of Nasear Hamza Latif Rahief, Estate of Ghassan Abad Alkarem Mahmood. (Attachments: #1 Exhibit A, #2 Exhibit B) (Roberts, James) |
| Filing 20 MOTION for Discovery MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY, OR IN THE ALTERNATIVE, FOR AN EXTENSION OF TIME TO RESPOND TO RIDGEWAY'S MOTION TO DISMISS by Estate of Ali Kinani, Estate of Abrahem Abed Al Mafraje, Estate of Mahde Sahab Naser Shamake, Estate of Mohammed H Abdulrazzaq Kinani, Estate of Kalled Abrahem Al Mafraje, Estate of Sahab Naser Shamake, Estate of Majid Salman Abed Al-Kareem, Estate of Nasear Hamza Latif Rahief, Estate of Ghassan Abad Alkarem Mahmood. (Attachments: #1 Text of Proposed Order) (Roberts, James) |
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Filing 19
ORDER granting #17 Motion to Withdraw as Attorney. Attorney Jack Morris Knight, Jr terminated. Signed by Judge Terrence W. Boyle on 1/20/10. (Talbert, S.)
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Filing 18
ORDER granting #16 Motion for Extension of Time to File Response/Reply. Responses due by 1/23/2010. Signed by Judge Terrence W. Boyle on 1/19/10. (Talbert, S.)
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| Filing 17 MOTION to Withdraw as Attorney by Jeremy P Ridgeway. (Attachments: #1 Text of Proposed Order Proposed Order) (Knight, Jack) |
| Motions Submitted: #17 MOTION to Withdraw as Attorney submitted to Judge Boyle's Chambers. (Talbert, S.) |
| Motions Submitted: #16 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss submitted to Judge Boyle's chambers. (Talbert, S.) |
| Motions No Longer Referred: #16 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss. (Talbert, S.) |
| MOTIONS REFERRED: #16 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss referred to Clerk of Court. (Talbert, S.) |
| Filing 16 MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss by Estate of Ali Kinani, Estate of Abrahem Abed Al Mafraje, Estate of Mahde Sahab Naser Shamake, Estate of Mohammed H Abdulrazzaq Kinani, Estate of Kalled Abrahem Al Mafraje, Estate of Sahab Naser Shamake, Estate of Majid Salman Abed Al-Kareem, Estate of Nasear Hamza Latif Rahief, Estate of Ghassan Abad Alkarem Mahmood. (Attachments: #1 Proposed Order) (Dickinson, Paul) |
| Filing 15 MOTION to Dismiss by Jeremy P Ridgeway. Responses due by 1/13/2010 (Attachments: #1 Memorandum in Support, #2 Supplement Addendum of Unpublished Cases, #3 Affidavit Declaration of Jeremy P. Ridgeway) (Maginnis, Edward) |
| Filing 14 NOTICE of Appearance by Edward Hallett Maginnis on behalf of Jeremy P Ridgeway (Maginnis, Edward) |
| REMINDER TO COUNSEL Pursuant to Judge Boyles Practice and Procedures located on the courts website, http://www.nced.uscourts.gov/html/chambersTWB.htm, counsel shall provide a courtesy copy of motions and memoranda for documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. If your recently filed document(s) is less than 20 pages or if you have already mailed the courtesy copy(ies), please disregard this notice. Thank you. (Talbert, S.) |
| Filing 13 AMENDED DOCUMENT by Estate of Ali Kinani, Estate of Abrahem Abed Al Mafraje, Estate of Mahde Sahab Naser Shamake, Estate of Mohammed H Abdulrazzaq Kinani, Estate of Kalled Abrahem Al Mafraje, Estate of Sahab Naser Shamake, Estate of Majid Salman Abed Al-Kareem, Estate of Nasear Hamza Latif Rahief, Estate of Ghassan Abad Alkarem Mahmood. Amendment to #12 MOTION to Remand This document (Campbell v. Brook Trout Coal LLC) should replace D.E. 12-3, filed by mistake.. (Mauney, Gary) |
| Filing 12 MOTION to Remand by Estate of Ali Kinani, Estate of Abrahem Abed Al Mafraje, Estate of Mahde Sahab Naser Shamake, Estate of Mohammed H Abdulrazzaq Kinani, Estate of Kalled Abrahem Al Mafraje, Estate of Sahab Naser Shamake, Estate of Majid Salman Abed Al-Kareem, Estate of Nasear Hamza Latif Rahief, Estate of Ghassan Abad Alkarem Mahmood. (Attachments: #1 Plaintiffs' Memorandum of Law in Support of Motion for Remand, #2 Appendix Westlaw case: Campbell v. Brook Trout Coal LLC, #3 Appendix Westlaw case: Ohio v. Sherwin-Williams Co., #4 Appendix Westlaw case: Saleh v. Titan Corp., #5 Appendix Westlaw case: In re: Xe Services Alien Tort Litig., #6 Exhibit A: USA v. Ball, et al: Memorandum in Support of Defendants' Motion for Finding of No Probable Cause Due to Absence of Subject Matter Jurisdiction and Lack of Venue..., #7 Exhibit B: In re: Xe Services Alien Tort Litig.: USA's Consolidated Brief in Opp. to Defendants' Motion to Substitute the US in Place of All Defendants...) (Mauney, Gary) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to Answer re #1 Notice of Removal/Complaint. Answer due on 12/24/09. Signed by Clerk of Court on 11/13/09. (Talbert, S.)
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| MOTIONS REFERRED: #10 Second MOTION for Extension of Time to File Answer (Unopposed) referred to Clerk of Court. (Talbert, S.) |
| Filing 10 Second MOTION for Extension of Time to File Answer (Unopposed) by Jeremy P Ridgeway. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion for Extension of Time to Respond to Complaint) (Knight, Jack) |
| Remark - Counsel, regarding the inadvertant filing of this case after the 5:09-cv-449 case, if, in fact, all parties can agree that these cases are the same, and for the efficiency and simplicity of case managment, you may file a Joint Motion to Consolidate the two cases or a Joint Dismissal of 5:09-cv-450 on the grounds that the same case exists under 5:09-cv-449. I hope this clarifies some of the confusion of how to proceed with the two cases. (Talbert, S.) |
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Filing 9
ORDER granting #7 Motion for Extension of Time to Answer re Complaint up to an including 11/12/09. Signed by Clerk of Court on 10/23/09. (Talbert, S.)
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| MOTIONS REFERRED: #7 MOTION for Extension of Time to File Answer (Unopposed) referred to Clerk of Court. (Talbert, S.) |
| Filing 8 NOTICE by Jeremy P Ridgeway re #7 MOTION for Extension of Time to File Answer (Unopposed) CORRECTED Proposed Order Granting Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to the Complaint (Knight, Jack) |
| Filing 7 MOTION for Extension of Time to File Answer (Unopposed) by Jeremy P Ridgeway. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to the Complaint) (Knight, Jack) |
| Filing 6 NOTICE of Appearance by Keith Harrison Johnson on behalf of Donald Wayne Ball, Dustin L Heard, Evan Shawn Liberty, Nicholas Abram Slatten, Paul Alvin Slough (Johnson, Keith) |
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Filing 5
ORDER REASSIGNING CASE: Case reassigned to Judge Terrence W. Boyle for all further proceedings. Judge James C. Dever III no longer assigned to case. Signed by Clerk of Court on 10/20/2009. (Mears, C.)
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| Filing 4 NOTICE of Appearance by Jack Morris Knight, Jr on behalf of Jeremy P Ridgeway (Knight, Jack) |
| Filing 3 NOTICE by Jeremy P Ridgeway re #1 Notice of Removal, Civil Cover Sheet (Knight, Jack) |
| Filing 2 FINANCIAL DISCLOSURE STATEMENT by Jeremy P Ridgeway (Knight, Jack) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Jeremy P Ridgeway. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerks office and on the courts website. FURTHER, counsel failed to file a JS44 Civil Cover Sheet. Counsel should file a Civil Cover Sheet using the event "Notice-Other" located under the Notices option on the main menu. (Heath, D.) |
| Filing 1 NOTICE OF REMOVAL by Jeremy P Ridgeway from General Court of Justice, Superior Court Division, Wake County, North Carolina, case number 09CVS18387. ( Filing fee $ 350 receipt number 04170000000001004933) (Attachments: #1 Exhibit A - State Court Summons and Complaint) (Knight, Jack) Modified on 10/19/2009 to correct the Wake County case number as per counsel(Jones, J.). |
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