
Plaintiffs Erich Scherfen and Rubina Tareen alleged that Defendants' failed to provide any procedural due process to allow Plaintiffs to contest their continued designation on terrorist watch lists. Plaintiffs also alleged that Defendants selected and maintained Plaintiffs on the watch lists because of their Muslim faith and attendant religious activities.
Erich Scherfen and Rubina Tareen |
United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation, Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement and Julie L. Myers |
3:2008cv01554 |
August 19, 2008 |
U.S. District Court for the Middle District of Pennsylvania |
Civil Rights: Other Office |
Schuylkill |
Thomas I. Vanaskie |
None |
U.S. Government Defendant |
28:1343 Violation of Civil Rights |
This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.
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Filing 79 SEALED ORDER (kn, ) |
Filing 78 Unopposed MOTION Modification of Court's March 2, 2010 Order re 75 Order,, by Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation. (Attachments: # 1 Proposed Order)(Kelleher, Diane) |
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Filing 76 MOTION for Extension of Time to Enlargement of Time to Comply with Court's Order of March 2, 2010 by Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation. (Attachments: # 1 Proposed Order)(Thiel, Michael) |
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Filing 74 Letter from Atty Foerster to Judge Vanaskie In accordance with footnote 5 of your opinion in this matter dated February 2,2010, Plaintiffs respectfully request that the Court prepare a separate opinion setting forth the contentsof documents reviewed in camera and explaining more directly why Plaintiffs do not have standing. We understand that this document will not be available for inspection by the Plaintiffs, Plaintiffs' counsel, or the public, but that it will be held in the custody of the Court Security Office of the Litigation Security Section of the Department of Justice so that it will be availablein the event that further review is sought. (jfg) |
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Filing 72 MEMORANDUM AND ORDER 1. Defendants Motion to Dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure (Dkt. 42) is GRANTED. 2. The Clerk of Court is directed to mark this matter CLOSED. Signed by Honorable Thomas I. Vanaskie on 2/2/10. (jfg) |
Filing 71 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral argument held on 6/18/09 before Judge Vanaskie. Court Reporter Kristin Yeager, Telephone number 570.344.1323. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/29/2010. Redacted Transcript Deadline set for 2/8/2010. Release of Transcript Restriction set for 4/8/2010. (cr, ) |
Filing 70 Letter from Atty Foerster to Judge Vanaskie Re: Determination of subject matter jurisdiction to this Court. (jfg) |
Filing 69 Letter from Attorney Amy C. Foerster. (Foerster, Amy) |
Filing 68 NOTICE by Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation re 64 Order,, of Compliance with this Court's July 28, 2009 Order (Kelleher, Diane) |
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Filing 66 MOTION to Withdraw as Attorney Varu Chilakamarri by Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation.(Chilakamarri, Varu) |
SPECIAL ADMISSION FORM & ECF REGISTRATION FORM SENT to Attorney Dian Kelleher. (am) |
Filing 65 NOTICE of Appearance by Diane Kelleher on behalf of all defendants (Attachments: # 1 Exhibit(s) Supervisor's Letter)(Kelleher, Diane) |
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Filing 63 NOTICE by Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation (Chilakamarri, Varu) |
Filing 61 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Oral argument before Judge Vanaskie on 6/18/09. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Vanaskie on 6/18/09. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr, ) |
Filing 60 REPLY BRIEF re 42 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)(Chilakamarri, Varu) |
Filing 59 SPECIAL ADMISSIONS FORM APPROVED as to Varu ChilakamarriSigned by Honorable Thomas I. Vanaskie on 5/29/09. (ts, ) |
Filing 58 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Varu Chilakamarri on behalf of all defendants Attorney Chilakamarri is seeking special admission. Filing Fee waived. (Attachments: # 1 Letter)(kc, ) |
SPECIAL ADMISSION FORM SENT to Varu Chilakamarri. (jc) |
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Filing 55 Unopposed MOTION to Exceed Page Limitation by Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation.(Chilakamarri, Varu) |
Filing 54 Unopposed MOTION for Extension of Time to File Brief to 53 Brief in Opposition filed by Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation.(Chilakamarri, Varu) |
Filing 53 BRIEF IN OPPOSITION re 42 MOTION to Dismiss or, in the Alternative, for Summary Judgment //Supplemental Brief filed by Erich Scherfen, Rubina Tareen. (Attachments: # 1 Exhibit(s) Exhibit A)(Foerster, Amy) |
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Filing 51 MOTION for Leave to File Supplemental Brief in Opposition to Defendants' Motion for Judgment on the Pleadings by Erich Scherfen, Rubina Tareen. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit(s) Exhibit A)(Foerster, Amy) |
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Filing 49 MOTION for Extension of Time to File Brief to 42 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation.(Glass, David) |
Filing 48 BRIEF IN OPPOSITION re 42 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by Erich Scherfen, Rubina Tareen. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Proposed Order)(Foerster, Amy) |
Filing 47 RESPONSE by Erich Scherfen, Rubina Tareen TO DEFENDANTS' STATEMENT PURSUANT TO MIDDLE DISTRICT L.R. 56.1. (Foerster, Amy) |
DOCKET ANNOTATION - Documents 47 and 48 Deleted - Filed in error. Filer will refile. (pw, ) |
Filing 46 NOTICE by Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation of Recently Decided Authority (Glass, David) |
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Filing 43 MOTION for Extension of Time to File Brief to 42 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by Erich Scherfen, Rubina Tareen. (Attachments: # 1 Proposed Order)(Foerster, Amy) |
Filing 42 MOTION to Dismiss or, in the Alternative, for Summary Judgment by Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation. (Attachments: # 1 Def. Mot. Dis. or, in Alt., Summ. J. (Mem. Supp.), # 2 Def. Mot. Dis. or, in Alt., Summ. J. (Exs. 1-2), # 3 Def. Mot. Dis. or, in Alt., Summ. J. (Ex. 3), # 4 Def. Mot. Dis. or, in Alt., Summ. J. (Exs. 4-9), # 5 Def. Mot. Dis. or, in Alt., Summ. J. (Exs. 10-20), # 6 Def. Mot. Dis. or, in Alt., Summ. J. (Exs. 21-30), # 7 Def. Mot. Dis. or, in Alt., Summ. J. (Prop. Order), # 8 Def. Mot. Dis. or, in Alt., Summ. J. (Rule 56.1 Statement))(Glass, David) |
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Filing 40 Unopposed MOTION to Exceed Page Limitation by Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation.(Glass, David) |
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Filing 37 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Telephone conference Re: Stay of proceedings before Judge Vanaskie on 1/9/09. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Vanaskie on 1/9/09. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr, ) |
Filing 36 BRIEF IN OPPOSITION re 33 MOTION to Stay or, in the Alternative, for Extension of Time filed by Erich Scherfen, Rubina Tareen.(Foerster, Amy) |
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Filing 34 Plaintiffs' Answer in Opposition to Defendants' Motion for a Stay of Proceedings or, in the alternative, for an Extension of Time. (Attachments: # 1 Proposed Order Order)(Foerster, Amy) |
Filing 33 MOTION to Stay or, in the Alternative, for Extension of Time by Robert S. Mueller, III, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation. (Attachments: # 1 Def. Mot. Stay or, in Alt., Ext. (Mem. Supp.), # 2 Def. Mot. Stay or, in Alt., Ext. (Prop. Order), # 3 Def. Mot. Stay or, in Alt., Ext. (Exs.))(Glass, David) |
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Filing 31 REPLY BRIEF re 29 MOTION for Extension of Time to File Dispositive Motion and Memorandum in Support Thereof filed by Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation.(Glass, David) |
Filing 30 REPLY by Erich Scherfen, Rubina Tareen. to 29 MOTION for Extension of Time to File Dispositive Motion and Memorandum in Support Thereof. (Attachments: # 1 Proposed Order Proposed Order)(Foerster, Amy) |
Filing 29 MOTION for Extension of Time to File Dispositive Motion and Memorandum in Support Thereof by Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation.(Glass, David) |
Filing 28 AFFIDAVIT of Service for Complaint and original Summonses served on All Defendants on August 27 through September 2008, filed by Erich Scherfen, Rubina Tareen. (Foerster, Amy) |
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Filing 26 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Telephone conference Re: Motion for extension of time before Judge Vanaskie on 10/14/08. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Vanaskie on 10/14/08. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr, ) |
Set/Reset Hearings: Oral Argument set for 2/27/2009 10:00 AM in Scranton before Honorable Thomas I. Vanaskie. (jfg) |
Filing 24 CASE MANAGEMENT PLAN //Joint by Erich Scherfen, Rubina Tareen. (Foerster, Amy) |
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Filing 22 Plaintiffs' Answer in Opposition to Defendants' Motion for Extension of Time. (Attachments: # 1 Proposed Order)(Foerster, Amy) |
Filing 21 MOTION for Extension of Time to File Answer re 1 Complaint by Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation.(Glass, David) |
Filing 20 DISCLOSURE REPORT. (Foerster, Amy) |
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Filing 17 MOTION to Withdraw 5 MOTION for Preliminary Injunction by Erich Scherfen, Rubina Tareen. (Attachments: # 1 Exhibit(s), # 2 Proposed Order)(Foerster, Amy) |
Filing 16 NOTICE of Appearance by David M. Glass on behalf of all defendants (Glass, David) |
Filing 15 NOTICE of Appearance by George Michael Thiel on behalf of all defendants. (Thiel, George) |
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Filing 13 NOTICE of Appearance by Valerie Burch on behalf of all plaintiffs (Burch, Valerie) |
Filing 11 Letter from Attorney Amy Foerster. (Foerster, Amy) |
Filing 10 NOTICE of Appearance, filed by Erich Scherfen, Rubina Tareen.(Walczak, Witold) |
Filing 9 Praecipe to attach documents to Verified Complaint. (Attachments: # 1 Exhibit(s) Attachments)(Foerster, Amy) |
Filing 8 COURT REPORTER NOTES OF PROCEEDINGS filed by K. Yeager of Telephone conference Re: Emergency Matter before Judge Vanaskie on 8/20/08. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Vanaskie on 8/20/08. By s/ K. Yeager. (Court Reporter Notes are viewable by court staff only). (cr, ) |
Case assigned to Judge Vanaskie. (kc, ) |
Filing 7 EXHIBITS by Erich Scherfen, Rubina Tareen re 5 Expedited MOTION for Preliminary Injunction. (ao, ) (admin, ). |
Filing 6 BRIEF IN SUPPORT re 5 EXPEDITED MOTION for Preliminary Injunction filed by Erich Scherfen, Rubina Tareen.(ao, ) (admin, ). |
Filing 5 EXPEDITED MOTION for Preliminary Injunction by Erich Scherfen, Rubina Tareen. (Attachments: # 1 Proposed Order, # 2 Proposed Order)(ao, ) |
Filing 4 EXHIBIT C by Erich Scherfen, Rubina Tareen re 1 Complaint. (ao, ) (admin, ). |
Filing 3 EXHIBIT B by Erich Scherfen, Rubina Tareen re 1 Complaint. (ao, ) (admin, ). |
Filing 2 EXHIBIT A by Erich Scherfen, Rubina Tareen re 1 Complaint. (ao, ) (admin, ). |
Filing 1 COMPLAINT against all defendants ( Filing fee $350, Receipt Number 1363563), filed by Erich Scherfen, Rubina Tareen. (ao, ) (Additional attachment(s) added on 8/20/2008: # 1 Civil Cover Sheet) (admin, ). |
Summons Issued as to Robert S. Mueller, III, United States Department of Justice, Michael B. Mukasey, National Counter Terrorism Center, Michael E. Leiter, Terrorist Screening Center, Donna Bucella, Transportation Security Administration, Kip Hawley, United States Customs and Border Protection, W. Ralph Basham, United States Immigration and Customs Enforcement, Julie L. Myers, United States Department of Homeland Security, Michael Chertoff, Federal Bureau of Investigation and provided to Atty Foerster for service on Defendant(s). (ao, ) |
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