California Central District Court
Judge:Philip S Gutierrez
Referred: Jean P Rosenbluth
Case #: 2:15-cv-02573
Nature of Suit899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision
Cause46:1156 Administrative Procedure Act
Case Filed:Apr 07, 2015
Terminated:Dec 16, 2015
Last checked: Sunday Oct 04, 2015 10:46 AM PDT
Defendant
James Comey
Represented By
Kathryn L Wyer
United States Department Of Justice
contact info
Defendant
Department of Homeland Security
Represented By
Kathryn L Wyer
United States Department Of Justice
contact info
Defendant
Department of Justice
Represented By
Kathryn L Wyer
United States Department Of Justice
contact info
Defendant
Does
Represented By
Kathryn L Wyer
United States Department Of Justice
contact info
Defendant
Drug Enforcement Administration
Represented By
Kathryn L Wyer
United States Department Of Justice
contact info
Defendant
Federal Bureau of Investigation
Represented By
Kathryn L Wyer
United States Department Of Justice
contact info
Defendant
Eric Holder
Represented By
Kathryn L Wyer
United States Department Of Justice
contact info
Defendant
Jeh Johnson
Represented By
Kathryn L Wyer
United States Department Of Justice
contact info
Defendant
Michele Leonhart
Represented By
Kathryn L Wyer
United States Department Of Justice
contact info
Defendant
United States of America
Represented By
Kathryn L Wyer
United States Department Of Justice
contact info
Plaintiff
Human Rights Watch
Represented By
Nathan Daniel Cardozo
Electronic Frontier Foundation
contact info
Jamie L Williams
Electronic Frontier Foundation
contact info
Andrew Crocker
Electronic Frontier Foundation
contact info
Kurt B Opsahl
Electronic Frontier Foundation
contact info
Lee Tien
Electronic Frontier Foundation
contact info
Hanni Meena Fakhoury
Electronic Frontier Foundation
contact info
Tze Lee Tien
Electronic Frontier Foundation
contact info
David Allen Greene
Electronic Frontier Foundation
contact info
Mark Rumold
Electronic Frontier Foundation
contact info


1. New lawsuit says DEA phone surveillance was illegal (usatoday.com)
Submitted Thu 04/09/2015
Docket last updated: 05/16/2025 11:59 PM PDT
Wednesday, December 16, 2015
47 47 order Order ~Util - Terminate Civil Case Wed 12/16 2:53 PM
NOTICE OF VOLUNTARY DISMISSAL; ORDER by Judge Philip S. Gutierrez, re Notice of Voluntary Dismissal of an Action (Pursuant to FRCP 41a(1))46 : NOTE CHANGES MADE BY THE COURT. (Made JS-6. Case Terminated.) (bm)
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Monday, December 14, 2015
46 46 2 pgs notice Voluntary Dismissal of a Case (Pursuant to FRCP 41a (1)) Mon 12/14 12:04 PM
NOTICE of Voluntary Dismissal filed by PLAINTIFF Human Rights Watch. Dismissal is without prejudice. (Rumold, Mark)
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Wednesday, December 02, 2015
45 45 order Stipulation and Order Wed 12/02 1:27 PM
ORDER ON JOINT STIPULATION TO EXTEND PLAINTIFF'S DEADLINE44 by Judge Philip S. Gutierrez. The parties' Joint Stipulation to Extend Plaintiff's Deadline is hereby APPROVED.The deadlines for supplemental briefing are continued and reset as follows: Deadline for HRW's supplemental briefing: December 14, 2015; Deadline for the Government's response briefing: January 15, 2016. (lom)
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Monday, November 30, 2015
44 44 stip Extension of Time to File Document Mon 11/30 3:07 PM
Joint STIPULATION for Extension of Time to File SUPPLEMENTAL BRIEF filed by PLAINTIFF Human Rights Watch.(Rumold, Mark)
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Att: 1 Proposed Order
Wednesday, November 18, 2015
43 43 order Order Thu 11/19 4:57 PM
ORDER ON STIPULATION TO EXTEND REMAINING DEADLINES by Judge Philip S. Gutierrez, re Stipulation for Extension of Time to File42 : The deadlines for supplemental briefing are continued and reset as follows: Deadline for HRW's supplemental briefing: November 30, 2015; Deadline for the Government's response briefing: January 6, 2015 (bm)
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Friday, November 13, 2015
42 42 stip Extension of Time to File Document Fri 11/13 11:03 AM
Joint STIPULATION for Extension of Time to File Supplemental Briefing filed by plaintiff Human Rights Watch.(Rumold, Mark)
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Att: 1 Proposed Order
Wednesday, October 28, 2015
41 41 3 pgs notice Notice of Appearance or Withdrawal of Counsel (G-123) Wed 10/28 11:01 AM
Notice of Appearance or Withdrawal of Counsel: for attorney Hanni Meena Fakhoury counsel for Plaintiff Human Rights Watch. Hanni M. Fakhoury is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Human Rights Watch. (Fakhoury, Hanni)
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Wednesday, October 14, 2015
40 40 order Order Wed 10/14 3:33 PM
ORDER ON PROPOSED STIPULATION TO EXTEND REMAINING DEADLINES SET FORTH IN COURTS AUGUST 14, 2015 ORDER by Judge Philip S. Gutierrez, re Stipulation for Extension of Time to File,39 : The parties' Joint Proposed Stipulation and Order to Extend the Remaining Deadlines set forth in the Courts August 14, 2015 Order is hereby APPROVED. The remaining deadlines are hereby extended as follows: Deadline for the Government's interrogatory responses: October 20, 2015; Deadline for HRW's supplemental briefing: November 16, 2015; Deadline for the Governments response briefing: December 2, 2015; IT IS SO ORDERED (bm)
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Tuesday, October 13, 2015
39 39 stip Extension of Time to File Document Tue 10/13 11:20 AM
Joint STIPULATION for Extension of Time to File Supplemental Briefing and serve Interrogatory Responses filed by defendants James Comey, Department of Homeland Security, Department of Justice, Does, Drug Enforcement Administration, Federal Bureau of Investigation, Eric Holder, Jeh Johnson, Michele Leonhart, United States of America.(Wyer, Kathryn)
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Att: 1 Proposed Order
Friday, August 14, 2015
38 38 order Hearing Fri 08/14 2:52 PM
MINUTES (IN CHAMBERS) Order HOLDING IN ABEYANCE Ruling on the Motion to Dismiss and GRANTING IN PART Plaintiff's Request for Discovery by Judge Philip S. Gutierrez granting in part33 REQUEST: For the foregoing reasons, the Court HOLDS IN ABEYANCE ruling on the Government's motion to dismiss for lack of subject matter jurisdiction and GRANTS IN PART HRWs request for discovery. The Court orders that HWR may serve no more than five interrogatories on the Government. The timing of this limited discovery shall proceed as follows: Deadline for HRW to serve interrogatories: September 11, 2015; Deadline for the Government's responses: October 13, 2015; Deadline for HRW's supplemental briefing: November 9, 2015; Deadline for the Government's response briefing:3 November 23, 2015; HRW's request for discovery is otherwise denied. The Court will not rule on HRW's request for an evidentiary hearing at this point. After reviewing the evidence and arguments submitted to the Court in the supplemental and response briefing, the Court will determine whether an evidentiary hearing is necessary. (see document for further details) (bm)
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Thursday, August 13, 2015
37 37 testxtonly Text Only Scheduling Notice Thu 08/13 2:52 PM
TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: DEFENDANTS' MOTION TO DISMISS24 set for hearing on 08/17/15 is taken under submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
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Wednesday, August 05, 2015
36 36 respm Reply (Motion related) Wed 08/05 12:07 PM
REPLY in Support of REQUEST for Hearing Evidentiary and Discovery 33 filed by Plaintiff Human Rights Watch. (Rumold, Mark)
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Monday, August 03, 2015
35 35 respm Objection/Opposition (Motion related) Mon 08/03 2:16 PM
OPPOSITION in opposition to re: REQUEST for Hearing Evidentiary and Discovery 33 filed by Defendants James Comey, Department of Homeland Security, Department of Justice, Does, Drug Enforcement Administration, Federal Bureau of Investigation, Eric Holder, Jeh Johnson, Michele Leonhart, United States of America.(Wyer, Kathryn)
Related: [-]
Att: 1 Proposed Order
34 34 respm Reply (Motion related) Mon 08/03 1:55 PM
REPLY in support of MOTION to Dismiss for Lack of Jurisdiction 24 filed by Defendants James Comey, Department of Homeland Security, Department of Justice, Does, Drug Enforcement Administration, Federal Bureau of Investigation, Eric Holder, Jeh Johnson, Michele Leonhart, United States of America. (Wyer, Kathryn)
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Monday, July 27, 2015
33 33 motion Hearing Mon 07/27 2:11 PM
REQUEST for Hearing Evidentiary and Discovery filed by Plaintiff Human Rights Watch. (Rumold, Mark)
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Att: 1 Proposed Order
32 32 31 pgs respm Memorandum in Opposition to Motion Mon 07/27 12:50 PM
MEMORANDUM in Opposition to MOTION to Dismiss for Lack of Jurisdiction 24 filed by Plaintiff Human Rights Watch.(Rumold, Mark)
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Att: 1 Declaration of Mark Rumold
Friday, July 10, 2015
31 31 order Minutes of In Chambers Order/Directive - no proceeding held Fri 07/10 2:14 PM
MINUTE ORDER (In Chambers): Order DENYING Plaintiff's Motion for Expedited Discovery19 by Judge Philip S. Gutierrez. For the foregoing reasons, the Court DENIES Plaintiff's motion for leave to conduct expedited discovery. IT IS SO ORDERED. (lom)
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Thursday, July 09, 2015
30 30 2 pgs order Continue Thu 07/09 4:47 PM
DENIED BY ORDER OF THE COURT re DEFENDANTS' REQUEST TO CONTINUE HEARING ON PLAINTIFF'S MOTION FOR EXPEDITED DISCOVERY AND COMBINE IT WITH HEARING ON DEFENDANTS' MOTION TO DISMISS27 by Judge Philip S. Gutierrez. (lom)
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Wednesday, July 08, 2015
29 29 respm Reply (Motion related) Wed 07/08 11:03 AM
REPLY in support of REQUEST to Continue Hearing on Plaintiff's Motion for Expedited Discovery from July 13, 2015 to August 17, 2015 Re: MOTION to Expedite Discovery 19 27 filed by Defendants James Comey, Department of Homeland Security, Department of Justice, Does, Drug Enforcement Administration, Federal Bureau of Investigation, Eric Holder, Jeh Johnson, Michele Leonhart, United States of America. (Wyer, Kathryn)
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28 28 respm Response in Opposition to Motion Wed 07/08 9:56 AM
OPPOSITION to REQUEST to Continue Hearing on Plaintiff's Motion for Expedited Discovery from July 13, 2015 to August 17, 2015 Re: MOTION to Expedite Discovery 19 27 filed by Plaintiff Human Rights Watch.(Rumold, Mark)
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Att: 1 Proposed Order
Tuesday, July 07, 2015
27 27 motion Continue Tue 07/07 2:02 PM
REQUEST to Continue Hearing on Plaintiff's Motion for Expedited Discovery from July 13, 2015 to August 17, 2015 Re: MOTION to Expedite Discovery 19 filed by defendants James Comey, Department of Homeland Security, Department of Justice, Does, Drug Enforcement Administration, Federal Bureau of Investigation, Eric Holder, Jeh Johnson, Michele Leonhart, United States of America. Request set for hearing on 8/17/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Wyer, Kathryn)
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Att: 1 Proposed Order
Monday, June 29, 2015
26 26 respm Reply (Motion related) Mon 06/29 2:18 PM
REPLY in Support of MOTION to Expedite Discovery 19 filed by Plaintiff Human Rights Watch. (Rumold, Mark)
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Monday, June 22, 2015
25 25 respm Memorandum in Opposition to Motion Mon 06/22 1:50 PM
MEMORANDUM in Opposition to MOTION to Expedite Discovery 19 filed by Defendants James Comey, Department of Homeland Security, Department of Justice, Does, Drug Enforcement Administration, Federal Bureau of Investigation, Eric Holder, Jeh Johnson, Michele Leonhart, United States of America.(Wyer, Kathryn)
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Att: 1 Proposed Order
Monday, June 15, 2015
24 24 motion Dismiss for Lack of Jurisdiction Mon 06/15 2:29 PM
NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by defendants James Comey, Department of Homeland Security, Department of Justice, Does, Drug Enforcement Administration, Federal Bureau of Investigation, Eric Holder, Jeh Johnson, Michele Leonhart, United States of America. Motion set for hearing on 8/17/2015 at 01:30 PM before Judge Philip S. Gutierrez.(Wyer, Kathryn)
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Att: 1 24 pgs Memorandum,
Att: 2 3 pgs Declaration of Robert W. Patterson,
Att: 3 Proposed Order
Wednesday, May 13, 2015
23 23 order Expedite Wed 05/13 1:27 PM
ORDER ON JOINT PROPOSED STIPULATION VACATING JULY 6 HEARING DATE AND RESETTING HEARING FOR JULY 13, 201519 by Judge Philip S. Gutierrez: The parties Joint Proposed Stipulation and Order Vacating July 6 HearingDate and Resetting Hearing for July 13 is hereby APPROVED. The currently scheduled hearing date of July 6, 2015, on Plaintiffs Motion for ExpeditedDiscovery is hereby VACATED, and the hearing is RESET for July 13, 2015,pending further consideration of Plaintiffs Request for Expedited Considerationand Defendants opposition thereto. Defendants shall file a response to Plaintiffs Request for Expedited Consideration on or before May 12, 2015. IT IS SO ORDERED. (ab)
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Tuesday, May 12, 2015
22 22 respm Response in Opposition to Motion Tue 05/12 1:01 PM
OPPOSITION to REQUEST to Expedite Hearing Date 16 (Pursuant to Deadline Identified in Joint Proposed Stipulation) filed by Defendants James Comey, Department of Homeland Security, Department of Justice, Does, Drug Enforcement Administration, Federal Bureau of Investigation, Eric Holder, Jeh Johnson, Michele Leonhart, United States of America.(Wyer, Kathryn)
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Att: 1 Proposed Order
Monday, May 11, 2015
21 21 motion Vacate Reschedule Mon 05/11 6:30 PM
Joint REQUEST to Vacate Order on Request to Expedite,20 Setting July 6 Hearing Date , Joint REQUEST to Reschedule Hearing to July 13, 2015 filed by Defendants James Comey, Department of Homeland Security, Department of Justice, Does, Drug Enforcement Administration, Federal Bureau of Investigation, Eric Holder, Jeh Johnson, Michele Leonhart, United States of America.(Attorney Kathryn L Wyer added to party James Comey(pty:dft), Attorney Kathryn L Wyer added to party Department of Homeland Security(pty:dft), Attorney Kathryn L Wyer added to party Department of Justice(pty:dft), Attorney Kathryn L Wyer added to party Does(pty:dft), Attorney Kathryn L Wyer added to party Drug Enforcement Administration(pty:dft), Attorney Kathryn L Wyer added to party Federal Bureau of Investigation(pty:dft), Attorney Kathryn L Wyer added to party Eric Holder(pty:dft), Attorney Kathryn L Wyer added to party Jeh Johnson(pty:dft), Attorney Kathryn L Wyer added to party Michele Leonhart(pty:dft), Attorney Kathryn L Wyer added to party United States of America(pty:dft))(Wyer, Kathryn)
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Att: 1 Proposed Order
20 20 order Expedite Mon 05/11 1:53 PM
ORDER SETTING HEARING DATE16 by Judge Philip S. Gutierrez: On May 6, 2015, Plaintiff Human Rights Watch filed a Request for Expedited Hearing on its pending Motion for Expedited Discovery (ECF No. 11). After full consideration and with good cause appearing:(Please see attached document fur further details and dates.) (dgon)
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Thursday, May 07, 2015
19 19 motion Expedite Thu 05/07 10:53 AM
NOTICE OF MOTION AND MOTION to Expedite Discovery filed by Plaintiff Human Rights Watch. Motion set for hearing on 7/13/2015 at 01:30 PM before Judge Philip S. Gutierrez.(Rumold, Mark)
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Att: 1 Memorandum,
Att: 2 Proposed Order
18 18 service Proof of Service (subsequent documents) Thu 05/07 10:51 AM
PROOF OF SERVICE filed by Plaintiff Human Rights Watch, re Striking Electronically Filed Documents (G-106),17 served on May 7, 2015. (Rumold, Mark)
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Wednesday, May 06, 2015
17 17 order Striking Electronically Filed Documents (G-106) Wed 05/06 3:04 PM
ORDER by Judge Philip S. Gutierrez: the following document be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION to Expedite Discovery11 , for the following reasons: Hearing information is missing, incorrect, or not timely. The hearing date selected was closed on 5/1/15 as to any new motions. (dgon)
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16 16 motion Expedite Wed 05/06 2:36 PM
REQUEST to Expedite Hearing Date filed by Plaintiff Human Rights Watch.(Rumold, Mark)
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Att: 1 Proposed Order
15 15 service Proof of Service (subsequent documents) Wed 05/06 2:33 PM
PROOF OF SERVICE filed by Plaintiff Human Rights Watch, re Notice of Deficiency in Electronically Filed Documents (G-112A),,14 served on May 6, 2015. (Rumold, Mark)
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Tuesday, May 05, 2015
14 14 notice Deficiency in Electronically Filed Documents (G-112A) Tue 05/05 4:57 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Expedite Discovery11 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s) are specified below: Hearing is noticed for a date that is closed on the court's calendar. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
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Monday, May 04, 2015
13 13 notice Appearance Mon 05/04 10:05 AM
NOTICE of Appearance filed by attorney Andrew Crocker on behalf of Plaintiff Human Rights Watch (Attorney Andrew Crocker added to party Human Rights Watch(pty:pla))(Crocker, Andrew)
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12 12 notice Appearance Mon 05/04 10:04 AM
NOTICE of Appearance filed by attorney Jamie L Williams on behalf of Plaintiff Human Rights Watch (Attorney Jamie L Williams added to party Human Rights Watch(pty:pla))(Williams, Jamie)
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11 11 motion Expedite Mon 05/04 10:00 AM
NOTICE OF MOTION AND MOTION to Expedite Discovery filed by Plaintiff Human Rights Watch. Motion set for hearing on 6/22/2015 at 01:30 PM before Judge Philip S. Gutierrez.(Rumold, Mark)
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Att: 1 Memorandum,
Att: 2 Proposed Order
Wednesday, April 15, 2015
10 10 service Service of Summons and Complaint Returned Executed as to USA (60 days) Wed 04/15 1:42 PM
PROOF OF SERVICE Executed by Plaintiff Human Rights Watch, upon Defendant James Comey served on 4/15/2015, answer due 6/14/2015; Department of Homeland Security served on 4/15/2015, answer due 6/14/2015; Department of Justice served on 4/15/2015, answer due 6/14/2015; Drug Enforcement Administration served on 4/15/2015, answer due 6/14/2015; Federal Bureau of Investigation served on 4/15/2015, answer due 6/14/2015; Eric Holder served on 4/15/2015, answer due 6/14/2015; Jeh Johnson served on 4/15/2015, answer due 6/14/2015; Michele Leonhart served on 4/15/2015, answer due 6/14/2015; United States of America served on 4/15/2015, answer due 6/14/2015. Service of the Summons and Complaint were Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons returned. (Rumold, Mark)
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Friday, April 10, 2015
9 9 order Initial Order upon Filing of Complaint - form only Fri 04/10 8:58 AM
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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Tuesday, April 07, 2015
8 8 service Summons Issued (Attorney Civil Case Opening) Tue 04/07 5:10 PM
60 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendants James Comey, Department of Homeland Security, Department of Justice, Drug Enforcement Administration, Federal Bureau of Investigation, Eric Holder, Jeh Johnson, Michele Leonhart, United States of America. (et)
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7 7 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Tue 04/07 5:07 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
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6 6 notice Notice of Assignment to United States Judges (CV-18) - optional html form Tue 04/07 5:07 PM
NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Jean P. Rosenbluth. (et)
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5 5 misc Corporate Disclosure Statement Tue 04/07 3:44 PM
CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Human Rights Watch identifying none as Corporate Parent. (Rumold, Mark)
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4 4 notice Certificate/Notice of Interested Parties Tue 04/07 3:43 PM
CERTIFICATE of Interested Parties filed by Plaintiff Human Rights Watch, (Rumold, Mark)
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3 3 notice Summons Request Tue 04/07 3:41 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Human Rights Watch. (Rumold, Mark)
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2 2 misc Civil Cover Sheet (CV-71) Tue 04/07 3:39 PM
CIVIL COVER SHEET filed by Plaintiff Human Rights Watch. (Rumold, Mark)
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1 1 19 pgs cmp Complaint (Attorney Civil Case Opening) Tue 04/07 3:26 PM
COMPLAINT Receipt No: 0973-15506341 - Fee: $400, filed by Plaintiff Human Rights Watch. (Attorney Mark Rumold added to party Human Rights Watch(pty:pla))(Rumold, Mark)
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Att: 1 Exhibit A