1
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Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-3303424 Jury Trial Requested: Yes. Filed by Yonas Fikre against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Proposed Summons, # 7 Proposed Summons, # 8 Proposed Summons, # 9 Proposed Summons). (Nelson, Thomas) (Entered: 05/30/2013)
1 Civil Cover Sheet
View on RECAP
2 Proposed Summons
View on PACER
3 Proposed Summons
View on PACER
4 Proposed Summons
View on PACER
5 Proposed Summons
View on PACER
6 Proposed Summons
View on PACER
7 Proposed Summons
View on PACER
8 Proposed Summons
View on PACER
9 Proposed Summons
View on PACER
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May 30, 2013
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May 30, 2013
RECAP
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2
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Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sss) (Entered: 05/31/2013)
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May 31, 2013
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May 31, 2013
RECAP
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3
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Notice of Case Assignment to Magistrate Judge Paul Papak and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 9/30/2013. Joint Alternate Dispute Resolution Report is due by 10/28/2013. Pretrial Order is due by 10/28/2013. Ordered by Magistrate Judge Paul Papak. (sss) (Entered: 05/31/2013)
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May 31, 2013
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May 31, 2013
PACER
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4
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Motion for Leave to Appear Pro Hac Vice for Attorney Gadeir Abbas . Filing fee in the amount of $100 collected; Receipt No.: 52631. Filed by Yonas Fikre. (Nelson, Thomas) Modified to add correct receipt number on 6/7/2013 (eo). (Entered: 05/31/2013)
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May 31, 2013
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May 31, 2013
PACER
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5
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Motion for Refund of Duplicate Filing Fee. Filed by All Plaintiffs. (Attachments: # 1 Attachment Acknowledge and Notice of Receipt of Payment) (Nelson, Thomas) (Entered: 06/03/2013)
1 Attachment Acknowledge and Notice of Receipt of Payment
View on PACER
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June 3, 2013
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June 3, 2013
PACER
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6
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Order Granting Application for Special Admission Pro Hac Vice of Gadeir I. Abbas for Yonas Fikre. Application Fee in amount of $100 collected. Receipt No. 52631 issued. Signed on 6/4/2013 by Magistrate Judge Paul Papak. (ecp) Modified to correct receipt number on 6/7/2013 (eo). (Entered: 06/04/2013)
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June 4, 2013
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June 4, 2013
RECAP
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7
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Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Paul Papak to Judge Anna J. Brown. (eo) (Entered: 06/12/2013)
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June 12, 2013
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June 12, 2013
RECAP
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8
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Clerk's Notice of Pay.gov Refund regarding Agency Tracking ID: 0979-3302894. The request has been granted and the amount of $400.00 will be refunded to Thomas Nelson Related Doc 5 Motion - Miscellaneous. (ljp) (Entered: 06/12/2013)
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June 12, 2013
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June 12, 2013
PACER
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9
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Notice of Filing of First Amended Complaint Filed by Yonas Fikre (Nelson, Thomas) (Entered: 06/17/2013)
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June 17, 2013
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June 17, 2013
PACER
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10
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First Amended Complaint . Filed by Yonas Fikre against All Defendants. (Nelson, Thomas) (Entered: 06/17/2013)
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June 17, 2013
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June 17, 2013
PACER
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11
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Notice of Appearance of Scott A. Risner appearing on behalf of Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department Filed by on behalf of Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department (Risner, Scott) (Entered: 07/29/2013)
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July 29, 2013
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July 29, 2013
PACER
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12
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Unopposed Motion for Extension of Time to Answer Amended Complaint 10 . Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department. (Attachments: # 1 Proposed Order) (Risner, Scott) (Entered: 07/29/2013)
1 Proposed Order
View on PACER
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July 29, 2013
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July 29, 2013
PACER
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13
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ORDER: Granting Motion for Extension of Time to Answer 12 . Answer or responsive pleading is due 8/22/2013. (bb) (Entered: 07/30/2013)
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July 30, 2013
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July 30, 2013
PACER
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14
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Consent Motion for Extension of Time to Answer Amended Complaint 10 . Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department. (Attachments: # 1 Proposed Order) (Risner, Scott) (Entered: 08/21/2013)
1 Proposed Order
View on PACER
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Aug. 21, 2013
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Aug. 21, 2013
PACER
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15
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ORDER: Granting Motion for Extension of Time to Answer 14 . Answer or responsive pleading is now due 9/20/2013. (bb) (Entered: 08/22/2013)
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Aug. 22, 2013
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Aug. 22, 2013
PACER
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16
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Joint Motion for Extension of Time to Answer Amended Complaint 10 . Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department. (Attachments: # 1 Proposed Order) (Risner, Scott) (Entered: 09/11/2013)
1 Proposed Order
View on PACER
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Sept. 11, 2013
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Sept. 11, 2013
PACER
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17
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ORDER: Granting Motion for Extension of Time to Answer 16 . Answer or responsive pleading is due 10/21/2013. (bb) (Entered: 09/12/2013)
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Sept. 12, 2013
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Sept. 12, 2013
PACER
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18
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Consent Motion for Stay of Deadline to Respond to Complaint in Light of Lapse of Appropriations. Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department. (Attachments: # 1 Proposed Order) (Risner, Scott) (Entered: 10/15/2013)
1 Proposed Order
View on PACER
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Oct. 15, 2013
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Oct. 15, 2013
PACER
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19
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ORDER by Judge Anna J. Brown. Granting as modified Official-Capacity Defendants' Consent Motion for Stay 18 of Deadline to Respond to Complaint in Light of Lapse of Appropriations. Official-Capacity Defendants' shall file their answer or responsive pleading to the First Amended Complaint no later than 11/4/2013. (bb) (Entered: 10/18/2013)
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Oct. 18, 2013
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Oct. 18, 2013
PACER
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20
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Notice of Appearance of Brigham J. Bowen appearing on behalf of Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department Filed by on behalf of Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department (Bowen, Brigham) (Main Document replaced with corrected PDF on 11/1/2013) (eo). (Entered: 11/01/2013)
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Nov. 1, 2013
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Nov. 1, 2013
PACER
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21
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Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction . Oral Argument requested. Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department. (Risner, Scott) (Entered: 11/04/2013)
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Nov. 4, 2013
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Nov. 4, 2013
RECAP
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22
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Memorandum in Support . Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department. (Related document(s): Motion to Dismiss for Failure to State a Claim,, Motion to Dismiss/Lack of Jurisdiction, 21 .) (Risner, Scott) (Entered: 11/04/2013)
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Nov. 4, 2013
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Nov. 4, 2013
RECAP
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23
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Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 21 . Filed by Yonas Fikre. (Nelson, Thomas) (Entered: 11/12/2013)
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Nov. 12, 2013
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Nov. 12, 2013
PACER
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24
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Notice of Attorney Withdrawal: Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department (Risner, Scott) (Entered: 11/12/2013)
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Nov. 12, 2013
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Nov. 12, 2013
PACER
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25
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ORDER: Granting Plaintiff's Unopposed Motion 23 to Extend Deadline to Respond to Defendants' Motion to Dismiss 21 . Plaintiff's Response to official capacity Defendants' Motion to Dismiss 21 is due 12/9/2013. Defendants' Reply is due 12/27/2013. (bb) (Entered: 11/14/2013)
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Nov. 14, 2013
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Nov. 14, 2013
PACER
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26
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Notice of Appearance of Brandon B. Mayfield appearing on behalf of Yonas Fikre Filed by on behalf of Yonas Fikre (Mayfield, Brandon) (Entered: 11/26/2013)
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Nov. 26, 2013
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Nov. 26, 2013
PACER
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27
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Memorandum in Opposition to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 21 Oral Argument requested. Filed by Yonas Fikre. (Attachments: # 1 Exhibit 1- Order Dismissing Indictment, # 2 Exhibit 2 - DHS TRIP Redress letter, # 3 Exhibit 3 - Declaration of Thomas H. Nelson, # 4 Exhibit 4 - Notice of Intention to Use FISA Information) (Nelson, Thomas) (Entered: 12/09/2013)
1 Exhibit 1- Order Dismissing Indictment
View on PACER
2 Exhibit 2 - DHS TRIP Redress letter
View on PACER
3 Exhibit 3 - Declaration of Thomas H. Nelson
View on PACER
4 Exhibit 4 - Notice of Intention to Use FISA Information
View on PACER
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Dec. 9, 2013
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Dec. 9, 2013
RECAP
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28
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Unopposed Motion for Extension of Time to File a Response/Reply to Opposition to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 21 . Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department. (Bowen, Brigham) (Entered: 12/16/2013)
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Dec. 16, 2013
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Dec. 16, 2013
PACER
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29
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ORDER by Judge Anna J. Brown. Granting Unopposed Motion for Extension of Time to File Reply 28 to Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction 21 . Reply is now due 1/10/2014. (bb) (Entered: 12/18/2013)
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Dec. 18, 2013
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Dec. 18, 2013
PACER
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30
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Scheduling Order by Judge Anna J. Brown. Oral Argument on Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction 21 is SET for 2/26/2014 at 09:30 AM in Portland Courtroom 14A before Judge Anna J. Brown. (bb) (Entered: 12/18/2013)
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Dec. 18, 2013
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Dec. 18, 2013
PACER
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31
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Reply to Opposition to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 21 Oral Argument requested. Filed by Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, State Department. (Bowen, Brigham) (Entered: 01/10/2014)
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Jan. 10, 2014
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Jan. 10, 2014
RECAP
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32
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Order to Judge Anna J. Brown. Due to a conflict in the Court's schedule, the Oral Argument on Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction 21 set for 02/26/2014 is VACATED and is RESET for 3/14/2014 at 09:00 AM in Portland Courtroom 14A before Judge Anna J. Brown. (bb) (Entered: 01/21/2014)
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Jan. 21, 2014
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Jan. 21, 2014
PACER
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33
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Notice of Supplemental Authority . Filed by All Plaintiffs. (Related document(s): Memorandum in Opposition, 27 .) (Attachments: # 1 Exhibit DHS Initial Decision, # 2 Exhibit Request for DHS Clarification and Stay) (Nelson, Thomas) Modified text on 3/4/2014 (sss). (Entered: 03/04/2014)
1 Exhibit DHS Initial Decision
View on PACER
2 Exhibit Request for DHS Clarification and Stay
View on PACER
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March 4, 2014
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March 4, 2014
PACER
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34
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MINUTES of Proceedings: Oral Argument on Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction 21 . Motion is taken under advisement as of 3/14/2014. Order to issue. Thomas Nelson, Brandon Mayfield present as counsel for plaintiff(s). Brigham Bowen present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) (Entered: 03/14/2014)
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March 14, 2014
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March 14, 2014
PACER
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35
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OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on March 14, 2014 before Judge Anna J. Brown, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/2/2014. Redaction Request due 5/16/2014. Redacted Transcript Deadline set for 5/27/2014. Release of Transcript Restriction set for 7/24/2014. (LeGore, Amanda) (Entered: 04/22/2014)
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April 22, 2014
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April 22, 2014
PACER
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36
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Opinion and Order: The Court GRANTS the Official Capacity Defendants Motion 21 to Dismiss for Failure to State a Claim and for Lack of Jurisdiction; DISMISSES with prejudice Claim One; DISMISSES without prejudice Claims Two, Five, and Six with leave to file a Second Amended Complaint consistent with this Opinion and Order no later than June 27, 2014; and directs these Defendants to file their responsive pleading to the Second Amended Complaint no later than July 25, 2014. Signed on 05/29/2014 by Judge Anna J. Brown. See attached 30 page Opinion and Order for full text. (bb) (Entered: 05/29/2014)
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May 29, 2014
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May 29, 2014
RECAP
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37
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Second Amended Complaint . Filed by Yonas Fikre against All Defendants. (Nelson, Thomas) (Entered: 06/27/2014)
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June 27, 2014
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June 27, 2014
RECAP
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38
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Unopposed Motion for Extension of Time to Answer . Filed by Eric Holder, Christopher M. Piehota, State Department, Federal Bureau of Investigation, James B. Comey, John Kerry. (Bowen, Brigham) (Entered: 07/21/2014)
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July 21, 2014
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July 21, 2014
PACER
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39
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ORDER: Granting Unopposed Motion for Extension of Time to Answer 38 . Answer or responsive pleading is now due 8/8/2014. (bb) (Entered: 07/21/2014)
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July 21, 2014
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July 21, 2014
PACER
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40
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Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction . Oral Argument requested. Filed by Eric Holder, Christopher M. Piehota, State Department, Federal Bureau of Investigation, James B. Comey, John Kerry. (Bowen, Brigham) (Entered: 08/08/2014)
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Aug. 8, 2014
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Aug. 8, 2014
RECAP
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41
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Memorandum in Support . Filed by James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, Christopher M. Piehota, State Department. (Related document(s): Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction,, 40 .) (Bowen, Brigham) (Entered: 08/08/2014)
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Aug. 8, 2014
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Aug. 8, 2014
RECAP
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42
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Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 40 . Filed by Yonas Fikre. (Nelson, Thomas) (Entered: 08/20/2014)
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Aug. 20, 2014
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Aug. 20, 2014
PACER
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43
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ORDER: The Court GRANTS Plaintiff's Unopposed Motion (#42) for Extension of Time. Plaintiff's response to Defendants' Motion (#40) to Dismiss is now due 9/19/14, and Defendants' reply is due 10/6/14. Ordered by Judge Anna J. Brown. (pvh) (Entered: 08/21/2014)
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Aug. 21, 2014
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Aug. 21, 2014
PACER
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44
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Second Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 40 . Filed by Yonas Fikre. (Nelson, Thomas) (Entered: 09/12/2014)
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Sept. 12, 2014
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Sept. 12, 2014
PACER
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45
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ORDER by Judge Anna J. Brown. Granting Plaintiff's Second Unopposed Motion for Extension of Time 44 to File Response to Motion to Dismiss 40 . Response is due by 9/26/2014. Reply is due by 10/14/2014. (bb) (Entered: 09/16/2014)
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Sept. 16, 2014
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Sept. 16, 2014
PACER
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46
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Response in Opposition to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 40 Oral Argument requested. Filed by All Plaintiffs. (Nelson, Thomas) (Entered: 09/26/2014)
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Sept. 26, 2014
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Sept. 26, 2014
RECAP
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47
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Motion for Leave to Appear Pro Hac Vice for Attorney William J. Burgess . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3852903. Filed by All Plaintiffs. (Nelson, Thomas) (Entered: 10/01/2014)
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Oct. 1, 2014
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Oct. 1, 2014
PACER
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48
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Order Granting Application for Special Admission Pro Hac Vice of William J. Burgess for Yonas Fikre. Application Fee in amount of $100 collected. Receipt No. 0979-3852903 issued. Signed on 10/2/2014 by Judge Anna J. Brown. (ecp) (Entered: 10/02/2014)
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Oct. 2, 2014
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Oct. 2, 2014
PACER
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49
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Notification of CM/ECF Account: Attorney William J. Burgess (appearing Pro Hac Vice). Login ID: wjburgess. Complete your account setup by following the instructions available on the Court's website. (ecp) (Entered: 10/02/2014)
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Oct. 2, 2014
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Oct. 2, 2014
PACER
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50
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MINUTES of Proceedings: On October 3, 2014, the Court conferred briefly with counsel concerning Plaintiff's stated intention to seek leave to file a Third Amended Complaint notwithstanding that Defendants' Motion 40 to Dismiss (against Plaintiff's Second Amended Complaint) is pending Defendants' Reply and the Court's consideration. Although the Court is willing to deem the Motion 40 withdrawn and to grant Plaintiff leave to file the Third Amended Complaint, Defendants' counsel requested time to consider the matter more fully. Accordingly, no later than October 14, 2014, Defendants shall file either (a) their Reply in further support of the Motion, in which case the Court will consider the merits of the Motion and any Motion by Plaintiff for leave to file a Third Amended Complaint, or (b) Defendants' consent that Plaintiff file his Third Amended Complaint and Defendants' withdrawal of their Motion 40 with leave to refile similar arguments in response to the Third Amended Complaint. Thomas Nelson present as counsel for plaintiff(s). Brigham Bowman present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) (Entered: 10/03/2014)
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Oct. 3, 2014
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Oct. 3, 2014
PACER
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51
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Unopposed Motion for Extension of Time to Reply or Provide Consent to the Filing of Proposed Third Amended Complaint. Filed by James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, Christopher M. Piehota, State Department. (Bowen, Brigham) (Entered: 10/09/2014)
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Oct. 9, 2014
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Oct. 9, 2014
PACER
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52
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ORDER by Judge Anna J. Brown. Granting Unopposed Motion to Extend Deadline to Reply or Respond Concerning Proposed Amendment of Complaint 51 . No later than 11/4/2014, Defendants shall file either (a) their Reply in further support of the Motion, in which case the Court will consider the merits of the Motion and any Motion by Plaintiff for leave to file a Third Amended Complaint, or (b) Defendants' consent that Plaintiff file his Third Amended Complaint and Defendants' withdrawal of their Motion 40 with leave to refile similar arguments in response to the Third Amended Complaint. (bb) (Entered: 10/10/2014)
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Oct. 10, 2014
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Oct. 10, 2014
PACER
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53
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Notice Concerning Proposed Amendment of Plaintiff's Complaint Filed by James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, Christopher M. Piehota, State Department (Bowen, Brigham) (Entered: 11/04/2014)
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Nov. 4, 2014
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Nov. 4, 2014
PACER
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54
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Order by Judge Anna J. Brown. The Court has reviewed Defendants' Notice 53 and, in light thereof, GRANTS Plaintiff leave to file his Third Amended Complaint no later than 11/14/14. In the exercise of its case-management discretion, the Court also GRANTS Defendants until 1/14/15 to file their Answer or other responsive pleadings to the Third Amended Complaint. Accordingly, it appears to the Court that the filing of such Third Amended Complaint will render moot the Motion 40 of some Defendants to dismiss Plaintiff's Second Amended Complaint and, unless the Court receives by 11/14/14 a justification to maintain Motion #40 on the docket, the Court will strike Motion #40 as moot as of that date. (bb) (Entered: 11/05/2014)
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Nov. 5, 2014
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Nov. 5, 2014
PACER
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55
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Third Amended Complaint . Filed by Yonas Fikre against All Defendants. (Nelson, Thomas) (Entered: 11/13/2014)
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Nov. 13, 2014
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Nov. 13, 2014
RECAP
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56
|
Unopposed Motion for Stay, or in the Alternative, Extension of Time to Answer or Otherwise Respond. Filed by James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department. (Bowen, Brigham) (Entered: 01/13/2015)
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Jan. 13, 2015
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Jan. 13, 2015
RECAP
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57
|
ORDER by Judge Anna J. Brown. The Court GRANTS in part and DENIES in part the Official-Capacity Defendants' Unopposed Motion 56 for Stay, or in the Alternative, Extension of Time. The Court agrees it is appropriate for the Official-Capacity Defendants to reconsider Plaintiff's DHS TRIP inquiry under new procedures, but the Court finds a stay is unnecessary to permit Defendants to do so. In addition, the Court notes this case is now over 18 months old and has not yet proceeded beyond the pleading stage. Accordingly, no later than March 9, 2015, Defendants shall complete a substantive reconsideration of Plaintiff's DHS TRIP inquiry consistent with Defendants' newly-created procedures and shall notify Plaintiff of the result of Defendants' reconsideration. No later than March 16, 2015, the parties shall submit a single, Joint Status Report in which they present their recommendations for the next steps in this case, including whether it is appropriate for Plaintiff to be permitted to file a Fourth Amended Complaint that takes into account Defendants' newly-created procedures before Defendants file their responsive pleading to Plaintiff's operative Complaint. The Joint Status Report shall specify an efficient schedule to advance this action past the initial pleadings and to make progress toward a final resolution without further delay. The Court will review the Joint Status Report upon its receipt and set a final case-management schedule shortly thereafter. (bb) (Entered: 01/14/2015)
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Jan. 14, 2015
|
Jan. 14, 2015
PACER
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58
|
Joint Status Report . Filed by James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department. (Bowen, Brigham) (Entered: 03/16/2015)
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March 16, 2015
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March 16, 2015
PACER
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59
|
Scheduling Order by Judge Anna J. Brown. Based on the Joint Status Report 58 the following deadlines are set: Plaintiff's Amended Complaint is due 04/01/2015. Defendants' response to Amended Complaint is due 5/15/2015. If defendants' response is an answer, a jointly proposed case-management schedule is due 5/22/2015. If defendants' response to the Amended Complaint is a Motion to Dismiss, then Plaintiff's opposition is due 06/15/2015. Defendants' reply is due 06/29/2015. Oral Argument is SET for 07/30/2015 at 9:00 am in Courtroom 14A before Judge Anna J. Brown. (bb) (Entered: 03/17/2015)
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March 17, 2015
|
March 17, 2015
PACER
|
60
|
Fourth Amended Complaint . Filed by Yonas Fikre against All Defendants. (Nelson, Thomas) (Entered: 04/01/2015)
|
April 1, 2015
|
April 1, 2015
RECAP
|
61
|
Order by Judge Anna J. Brown. Upon review of Plaintiffs Fourth Amended Complaint 60, the Court notes Plaintiffs procedural due-process claim (Claim Six) still does not allege the denial of any specific protected liberty or property interest. Plaintiffs previous failure in his First Amended Complaint to plead and specifically to identify in his procedural due-process claim the protected liberty or property interest that he contends has been denied was the basis for the Courts dismissal of that claim without prejudice and with leave to amend. See Opin. and Order 36 at 28-29. Notwithstanding any other challenges Defendants may assert against Plaintiff's Fourth Amended Complaint and in the interest of advancing this almost two-year-old litigation that has not yet moved beyond the pleading stage, the Court exercises its discretion and hereby GRANTS to Plaintiff leave to file a Corrected Fourth Amended Complaint to address this issue if Plaintiff chooses to do so no later than April 8, 2015. The Court does not intend to grant to Plaintiff any further leave to amend his procedural due-process claim. (bb) (Entered: 04/02/2015)
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April 2, 2015
|
April 2, 2015
PACER
|
62
|
Fourth Amended Complaint (corrected). Filed by Yonas Fikre against All Defendants. (Nelson, Thomas) (Entered: 04/06/2015)
|
April 6, 2015
|
April 6, 2015
RECAP
|
63
|
Notice re: Revisions to DHS TRIP Procedures Filed by James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department (Bowen, Brigham) (Entered: 04/13/2015)
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April 13, 2015
|
April 13, 2015
PACER
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64
|
Scheduling Order by Judge Anna J. Brown. Oral Argument set for 07/30/2015 is VACATED and is RESET for 8/24/2015 at 09:30 AM in Portland Courtroom 14A before Judge Anna J. Brown. (bb) (Entered: 04/28/2015)
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April 28, 2015
|
April 28, 2015
PACER
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65
|
Notice of Appearance of Samuel M. Singer appearing on behalf of All Defendants Filed by on behalf of All Defendants (Singer, Samuel) (Entered: 05/07/2015)
|
May 7, 2015
|
May 7, 2015
PACER
|
66
|
Unopposed Motion for Extension of Time to Answer - Motion to Modify Briefing Schedule. Filed by Michael S. Rogers, State Department, Federal Bureau of Investigation, Eric Holder, Christopher M. Piehota, National Security Agency, James B. Comey, John Kerry. (Bowen, Brigham) (Entered: 05/13/2015)
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May 13, 2015
|
May 13, 2015
PACER
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67
|
Unopposed Motion to File Excess Pages . Filed by James B. Comey, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department. (Bowen, Brigham) (Entered: 05/13/2015)
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May 13, 2015
|
May 13, 2015
PACER
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68
|
ORDER: Granting Defendant's Unopposed Motion 66 to Modify Briefing Schedule and Granting Unopposed Motion to File Brief in Excess of 35 Pages 67 .Defendants' response to Fourth Amended Complaint is due 5/22/2015. If defendants' response is an answer, a jointly proposed case-management schedule is due 5/22/2015. If defendants' response to the Amended Complaint is a Motion to Dismiss, then Plaintiff's opposition is due 07/6/2015. Defendants' reply is due 07/24/2015. Oral Argument is SET for 08/24/2015 at 9:00 am in Courtroom 14A before Judge Anna J. Brown. (bb) (Entered: 05/14/2015)
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May 14, 2015
|
May 14, 2015
PACER
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69
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Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim. Oral Argument requested. Filed by Michael S. Rogers, State Department, Federal Bureau of Investigation, Eric Holder, Christopher M. Piehota, National Security Agency, James B. Comey, John Kerry, Robert S. Mueller, III. (Attachments: # 1 Exhibit 1 - Patriot Act Section 223) (Bowen, Brigham) (Entered: 05/22/2015)
1 Exhibit 1 - Patriot Act Section 223
View on PACER
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May 22, 2015
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May 22, 2015
PACER
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70
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Consent Motion to File Excess Pages . Filed by All Plaintiffs. (Nelson, Thomas) (Entered: 06/24/2015)
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June 24, 2015
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June 24, 2015
PACER
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71
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ORDER by Judge Anna J. Brown. Granting Motion to File Excess Pages 70 .Plaintiff's responsive memorandum shall be no more than 60 pages. (bb) (Entered: 06/26/2015)
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June 26, 2015
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June 26, 2015
PACER
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72
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Memorandum in Opposition to Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 69 Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit DHS Letter, Feb. 12, 2015, # 2 Exhibit DHS Decision and Order, March 9, 2015) (Nelson, Thomas) (Entered: 07/06/2015)
1 Exhibit DHS Letter, Feb. 12, 2015
View on RECAP
2 Exhibit DHS Decision and Order, March 9, 2015
View on RECAP
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July 6, 2015
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July 6, 2015
PACER
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73
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Reply in response to Plaintiff's Opposition to Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 69 Oral Argument requested. Filed by James B. Comey, Federal Bureau of Investigation, Timothy Healy, Eric Holder, John Kerry, Robert S. Mueller, III, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department. (Singer, Samuel) (Entered: 07/24/2015)
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July 24, 2015
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July 24, 2015
PACER
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74
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Notice re Motion to Dismiss, 69 Notice of Case Relevant to Oral Argument on August 24, 2015 Filed by Yonas Fikre (Related document(s): Motion to Dismiss, 69 .) (Attachments: # 1 Attachment Opinion in Mohamed v. Holder, 1:11-cv-00050-AJT (July 16, 2015)) (Nelson, Thomas) (Entered: 08/19/2015)
1 Attachment Opinion in Mohamed v. Holder, 1:11-cv-00050-AJT (July 16, 2015)
View on PACER
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Aug. 19, 2015
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Aug. 19, 2015
PACER
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75
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MINUTES of Proceedings: Oral Argument on Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 69 . Matter under advisement. Order to issue. Thomas Nelson, Brandon Mayfield present as counsel for plaintiff(s). Brigham Bowen, Samuel Singer present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (bb) (Entered: 08/25/2015)
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Aug. 24, 2015
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Aug. 24, 2015
PACER
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76
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Notice of Appearance of David G. Cutler appearing on behalf of David Noordeloos Filed by on behalf of David Noordeloos (Cutler, David) (Entered: 09/21/2015)
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Sept. 21, 2015
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Sept. 21, 2015
PACER
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77
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Motion to Contest Service and Dismiss Claims Against Defendant David Noordeloos. Filed by David Noordeloos. (Cutler, David) (Entered: 09/21/2015)
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Sept. 21, 2015
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Sept. 21, 2015
PACER
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78
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Memorandum in Support of Motion to Contest Service and Dismiss Claims Against Defendant David Noordeloos. Filed by David Noordeloos. (Related document(s): Motion - Miscellaneous 77 .) (Cutler, David) (Entered: 09/21/2015)
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Sept. 21, 2015
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Sept. 21, 2015
PACER
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79
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Response in Opposition to Motion to Contest Service and Dismiss Claims Against Defendant David Noordeloos 77 Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1, Declaration of Thomas H. Nelson) (Nelson, Thomas) (Entered: 10/05/2015)
1 Exhibit Exhibit 1, Declaration of Thomas H. Nelson
View on PACER
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Oct. 5, 2015
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Oct. 5, 2015
PACER
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80
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Reply in Support of to Motion to Contest Service and Dismiss Claims Against Defendant David Noordeloos 77 . Filed by David Noordeloos. (Attachments: # 1 Exhibit Transcript (Excerpt)) (Cutler, David) (Entered: 10/16/2015)
1 Exhibit Transcript (Excerpt)
View on PACER
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Oct. 16, 2015
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Oct. 16, 2015
PACER
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81
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Opinion and Order: The Court GRANTS in part and DENIES in part the Official Capacity Defendants' Motion to Dismiss 69 as stated in the attached 49 page Opinion and Order. Plaintiff has leave to amend claim sixteen only as to injunctive relief and claim seventeen no later than 11/27/2015. Signed on 11/4/2015 by Judge Anna J. Brown. (bb) (Entered: 11/04/2015)
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Nov. 4, 2015
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Nov. 4, 2015
RECAP
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82
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Order by Judge Anna J. Brown. In the Court's Opinion and Order (#81) the Court set the Amended Complaint due date of 11/27/2015 which is a Court holiday. The Court hereby gives Plaintiff leave to amend claim sixteen only as to injunctive relief and claim seventeen no later than 11/30/2015. (bb) (Entered: 11/04/2015)
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Nov. 4, 2015
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Nov. 4, 2015
PACER
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83
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Opinion and Order: The Court GRANTS Agent Noordeloos's Limited Appearance 77 to Contest Service and DISMISSES this matter as to Agent Noordeloos without prejudice. Signed on 11/4/2015 by Judge Anna J. Brown. See attached 14 page Opinion and Order for full text. (bb) (Entered: 11/04/2015)
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Nov. 4, 2015
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Nov. 4, 2015
RECAP
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84
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Motion for Relief regarding Opinion and Order 83 . Filed by Yonas Fikre. (Mayfield, Brandon) Modified to correct text and link to Order on 11/30/2015 (sss). (Entered: 11/25/2015)
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Nov. 25, 2015
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Nov. 25, 2015
PACER
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85
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Declaration of Brandon Mayfield. Filed by Yonas Fikre. (Related document(s): Motion - Miscellaneous 84 .) (Mayfield, Brandon) (Entered: 11/25/2015)
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Nov. 25, 2015
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Nov. 25, 2015
PACER
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86
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Memorandum in Support of Motion. Filed by Yonas Fikre. (Related document(s): Motion - Miscellaneous 84 .) (Mayfield, Brandon) (Entered: 11/25/2015)
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Nov. 25, 2015
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Nov. 25, 2015
PACER
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87
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Fifth Amended Complaint . Filed by Yonas Fikre against All Defendants. (Nelson, Thomas) (Entered: 11/29/2015)
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Nov. 29, 2015
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Nov. 29, 2015
PACER
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88
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Consent Motion for Extension of Time to Answer Rule 60(b) Motion for Relief and Fifth Amended Complaint 87 . Filed by James Clapper, Michael S. Rogers, State Department, Federal Bureau of Investigation, United States of America, Timothy Healy, Eric Holder, Christopher M. Piehota, National Security Agency, James B. Comey, John Kerry, Robert S. Mueller, III. (Singer, Samuel) (Entered: 12/08/2015)
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Dec. 8, 2015
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Dec. 8, 2015
PACER
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89
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ORDER by Judge Anna J. Brown. Granting Defendants' Unopposed Motion to Modify Briefing Schedule 88 . Answer to Fifth Amended Complaint 87 and Response to Motion for Relief 84 are due 1/21/2016. (bb) (Entered: 12/09/2015)
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Dec. 9, 2015
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Dec. 9, 2015
PACER
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90
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Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim. Oral Argument requested. Filed by James Clapper, Michael S. Rogers, State Department, Federal Bureau of Investigation, United States of America, Eric Holder, Christopher M. Piehota, National Security Agency, James B. Comey, John Kerry. (Bowen, Brigham) (Entered: 01/21/2016)
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Jan. 21, 2016
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Jan. 21, 2016
RECAP
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91
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Unopposed Motion for Stay (Partial) of Due Process Claims, in the Alternative to Dismissal. Oral Argument requested. Filed by James Clapper, James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department, United States of America. (Bowen, Brigham) (Entered: 01/21/2016)
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Jan. 21, 2016
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Jan. 21, 2016
PACER
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92
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Memorandum in Opposition to Motion for Reconsideration 84 Oral Argument requested. Filed by James Clapper, James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department, United States of America. (Bowen, Brigham) (Entered: 01/21/2016)
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Jan. 21, 2016
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Jan. 21, 2016
PACER
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93
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Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 90 . Filed by All Plaintiffs. (Nelson, Thomas) (Entered: 02/02/2016)
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Feb. 2, 2016
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Feb. 2, 2016
PACER
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94
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ORDER by Judge Anna J. Brown. The Court GRANTS Plaintiff's Unopposed Motion 93 for Extension of Time. Plaintiff's responses to Official Capacity Defendants' Motion 90 to Dismiss Plaintiff's Fifth Amended Complaint and Official Capacity Defendants' Unopposed Motion 91, in the Alternative [to the Motion to Dismiss if denied], to Stay Plaintiff's Due Process Claims are due 2/11/16 and Official Capacity Defendants' replies are due 3/3/16. (bb) (Entered: 02/02/2016)
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Feb. 2, 2016
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Feb. 2, 2016
PACER
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95
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Response in Opposition to Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 90 Oral Argument requested. Filed by All Plaintiffs. (Nelson, Thomas) (Entered: 02/11/2016)
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Feb. 11, 2016
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Feb. 11, 2016
PACER
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96
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Reply to Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim 90 Oral Argument requested. Filed by James Clapper, James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department, United States of America. (Bowen, Brigham) (Entered: 03/03/2016)
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March 3, 2016
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March 3, 2016
PACER
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97
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ORDER by Judge Anna J. Brown. The Court has reviewed Plaintiff's Motion 84 for Relief FRCP 60(B), which, although docketed as pertaining to the Court's Opinion and Order 83 issued November 4, 2015, appears, in fact, to challenge the Court's Opinion and Order 81 issued on that same day. The Court GRANTS Plaintiff's Motion to the extent that the Court reconsiders its Opinion and Order 81 . Having reconsidered Plaintiff's arguments, however, the Court adheres to its conclusion that Plaintiff lacks standing to seek declaratory relief on Plaintiff's Claim Fifteen brought under the Fourth Amendment to the United States Constitution. Accordingly, the Court declines to alter or to amend its November 4, 2015, Opinion and Order 81 . (bb) (Entered: 03/16/2016)
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March 16, 2016
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March 16, 2016
PACER
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98
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Notice Regarding Plaintiff's Status Filed by James Clapper, James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department, United States of America (Bowen, Brigham) (Entered: 05/09/2016)
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May 9, 2016
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May 9, 2016
RECAP
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99
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Order by Judge Anna J. Brown. In light of Defendants' Notice 98 Regarding Plaintiff's Status in which Defendants advise the Court that Plaintiff has been removed from the No-Fly List, the Court directs the parties to confer and to file no later than May 16, 2016, a single, joint status report in which the parties set out their positions regarding the effect that Plaintiff's removal from the No-Fly List has on Defendants' pending Motion 90 to Dismiss Plaintiff's Fifth Amended Complaint and Plaintiff's Unopposed Motion 91 to Stay Due Process Claims and, in particular, that specifies which portions of the pending Motions now are moot and which portions are unaffected by the Notice. (bb) (Entered: 05/09/2016)
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May 9, 2016
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May 9, 2016
PACER
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100
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Joint Status Report . Filed by James Clapper, James B. Comey, Federal Bureau of Investigation, Eric Holder, John Kerry, National Security Agency, Christopher M. Piehota, Michael S. Rogers, State Department, United States of America. (Bowen, Brigham) (Entered: 05/16/2016)
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May 16, 2016
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May 16, 2016
PACER
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