Case: Kindhearts for Charitable Humanitarian Development v. Paulsen

Kindhearts for Charitable Humanitarian Development, Inc. v. Paulson

Kinhearts for Charitable Humanitarian Development, Inc. v. Paulson

Kindhearts for Charitable Humanitarian Development, Inc. v Geithner

KindHearts for Charitable Humanitarian Development, Inc. v. Geithner

Kindhearts for Charitable Humanitarian Development Inc. v. Geithner

KindHearts for Charitable Humanitarian Development, Inc. v. Geithner

Kindhearts for Charitable Humanitarian Development, Inc. v. Geithner

Kindhearts for Charitable Humanitarian Development, Inc. v. Geithner

Kindhearts for Charitable Humanitarian Development, Inc. v. Geithner

Complaint against Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. Filing fee $ 350, receipt number 34660003298, filed by Kindhearts For Charitable Humanitarian Development, Inc.. (Attachments: # 1 Civil Cover Sheet) (C,D) (Entered: 10/09/2008)

1 Civil Cover Sheet

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Motion for temporary restraining order and preliminary injunction filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Attachments: # 1 Certificate of Counsel, # 2 Proposed Order)(C,D) (Entered: 10/09/2008)

1 Certificate of Counsel

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2 Proposed Order

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Memorandum of points and authorities In Support of 2 Motion for temporary restraining order and preliminary injunction filed by Kindhearts For Charitable Humanitarian Development, Inc.. (C,D) (Entered: 10/09/2008)

Motion for order to enlarge page limit filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (C,D) (Entered: 10/09/2008)

Declaration of Alan R. Kabat filed by Kindhearts For Charitable Humanitarian Development, Inc.. (C,D) (Entered: 10/09/2008)

Declaration of John W. Boyd filed by Kindhearts For Charitable Humanitarian Development, Inc.. (C,D) (Entered: 10/09/2008)

Declaration of Ellen Yaroshefsky filed by Kindhearts For Charitable Humanitarian Development, Inc.. (C,D) (Entered: 10/09/2008)

Declaration of Jihad M.Smaili (Complete file held in clerks office for viewing) filed by Kindhearts For Charitable Humanitarian Development, Inc.. (C,D) (Entered: 10/09/2008)

Declaration of Lynne Bernabei (2 Volumes) (Complete file available in Clerk's office) filed by Kindhearts For Charitable Humanitarian Development, Inc.. (C,D) Modified on 10/9/2008 (G,D). (Entered: 10/09/2008)

Motion for attorney David Cole to Appear Pro Hac Vice. Filing fee $ 100, receipt number 34660003300, filed byFritz Byers. (C,D) (Entered: 10/09/2008)

Motion for attorney Hina Shamsi to Appear Pro Hac Vice. Filing fee $ 100, receipt number 34660003299.Filed by Fritz Byers (C,D) (Entered: 10/09/2008)

Order granting plaintiff's Motion for Temporary Restraining Order. (see order for full details). (Related Doc # 2 ). Judge James G. Carr on 10/9/2008.(S,AL) (Entered: 10/09/2008)

Minutes of proceedings [Non Document] before Judge James G. Carr.Motion Hearing held on 10/9/2008 re Motion for temporary restraining order. Motion granted. Pretrial Conference set for 10/16/2008 at 09:00 AM in Chambers 210 before Judge James G. Carr. (Court Reporter Angela Nixon.)Related document(s) 2 (S,AL)

Joint Motion to continue conference filed by Henry M. Paulson, Adam J. Szubin and Michael B. Mukasey. (Powell, Amy) Modified on 10/15/2008 (document unsigned, filer notified) (B,TM). (Entered: 10/14/2008)

Marginal Entry Order: Motion to continue the 10/16/2008 scheduling conference is granted. Telephone status conference is scheduled 10/20/2008 at noon. Parties are to call into the court's bridge line at (419)213-5510. Access code is 551011. Signed by Judge James G. Carr on 10/15/2008. (Related Doc # 13 ). (S,JM) (Entered: 10/15/2008)

Marginal Entry Order granting plaintiff's Motion for order to enlarge page limit for memorandum in support of motion for temporary restraining order and preliminary injunction. (Related Docs # 3 4 ). Signed by Judge James G. Carr on 10/17/2008.(S,JM) (Entered: 10/17/2008)

Marginal Entry Order granting Motion for attorney David D. Cole to appear pro hac vice for plaintiff Kindhearts For Charitable Humanitarian Development, Inc. (Related Doc # 10 ). Signed by Judge James G. Carr on 10/17/2008.(S,JM) (Entered: 10/17/2008)

Marginal Entry Order granting Motion for attorney Hina Shamsi to appear pro hac vice for Kindhearts For Charitable Humanitarian Development, Inc. (Related Doc # 11 ). Signed by Judge James G. Carr on 10/17/2008.(S,JM) (Entered: 10/17/2008)

Attorney Appearance by Amy E. Powell filed by on behalf of all defendants. (Powell, Amy) (Entered: 10/20/2008)

Joint Motion for extension of motion deadlines and to set a briefing schedule filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. (Powell, Amy) (Entered: 10/20/2008)

Unopposed Motion to vacate Temporary Restraining Order and Preliminary Injunction filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. Related document(s) 12 . (Powell, Amy) (Entered: 10/20/2008)

Marginal Entry Order : plaintiff's motion for summary judgment is due 11/21/08; defendants' opposition/cross motion due 12/12/08; reply/opposition due 1/7/09; reply due 1/26/09. 19 . Judge James G. Carr on 10/24/2008.(S,AL) (Entered: 10/24/2008)

Marginal Entry Order granting the unopposed Motion to vacate the temporary restraining order and preliminary injuction. (Related Doc # 20 ). Judge James G. Carr on 10/24/2008.(S,AL) (Entered: 10/24/2008)

Motion for attorney Lynne Bernebei to Appear Pro Hac Vice. Filing fee $100.00, receipt number 06470000000003269808, filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) Modified on 10/29/2008 (document unsigned, filer notified) (B,TM). (Entered: 10/29/2008)

Motion for attorney Alan Kabat to Appear Pro Hac Vice. Filing fee $100.00, receipt number 06470000000003269825, filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) Modified on 10/29/2008 (document unsigned, filer notified) (B,TM). (Entered: 10/29/2008)

Marginal Entry Order granting Motion for attorney Lynne Bernabei to appear pro hac vice for plaintiff Kindhearts For Charitable Humanitarian Development, Inc. (Related Doc # 23 ). Signed by Judge James G. Carr on 10/30/2008.(S,JM) (Entered: 10/30/2008)

Marginal Entry Order granting Motion for attorney Alan R. Kabat to appear pro hac vice for plaintiff Kindhearts For Charitable Humanitarian Development, Inc. (Related Doc # 24 ). Signed by Judge James G. Carr on 10/30/2008.(S,JM) (Entered: 10/30/2008)

Notice of Filing of OFAC Licenses filed by Kindhearts For Charitable Humanitarian Development, Inc.. (Attachments: # 1 Exhibit)(Kabat, Alan) (Entered: 11/04/2008)

1 Exhibit

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Notice of Intent to Use Foreign Intelligence Surveillance Act Information filed by all defendants. (Powell, Amy) (Entered: 11/20/2008)

Motion for Order to Enlarge Page Limit filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) (Entered: 11/20/2008)

Marginal Entry Order granting Motion to enlarge page limit for Plaintiff's memorandum in support of its motion for partial summaryjudgment. (Related Doc # 29 ). Signed by Judge James G. Carr on 11/20/2008.(S,JM) (Entered: 11/20/2008)

Motion for partial summary judgment filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Shamsi, Hina) (Entered: 11/21/2008)

Memorandum in support of motion for partial summary judgment filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. Related document(s) 31 . (Attachments: # 1 Affidavit Declaration of Lynne Bernabei, # 2 Affidavit Declaration of Jihad Smaili, # 3 Affidavit Declaration of Fritz Byers, # 4 Affidavit Declaration of Alan Kabat, # 5 Affidavit Declaration of John Boyd, # 6 Affidavit Declaration of Ellen Yaroshefsky) (Shamsi, Hina) Modified on 11/25/2008 (B,TM). (Entered: 11/21/2008)

1 Affidavit Declaration of Lynne Bernabei

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2 Affidavit Declaration of Jihad Smaili

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3 Affidavit Declaration of Fritz Byers

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4 Affidavit Declaration of Alan Kabat

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5 Affidavit Declaration of John Boyd

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6 Affidavit Declaration of Ellen Yaroshefsky

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Exhibit V Volume 1 of 2 (224 pages) to the Declaration of Lynne Bernabei in support of Motion for Partial Summary Judgment filed by Kindhearts For Charitable Humanitarian Development, Inc. (Complete document on file) Related document(s) 31 (C,D) (Entered: 11/24/2008)

Exhibit V Volume 2 of 2 (309 pages) to the Declaration of Lynne Bernabei in support of Motion for Partial Summary Judgment (Complete document on file)filed by Kindhearts For Charitable Humanitarian Development, Inc. Related document(s) 31 . (C,D) (Entered: 11/24/2008)

Unopposed Motion for Expansion of Page Limitations filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. (Attachments: # 1 Proposed Order)(Powell, Amy) (Entered: 12/12/2008)

1 Proposed Order

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Motion to dismiss or in the alternative, Motion for summary judgment and Opposition to plaintiff's Partial Motion for Summary Judgment filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. Related document(s) 1 . (Attachments: # 1 Exhibit A - Declaration of Adam Szubin, # 2 Exhibit B - GRF Slip Op, # 3 Exhibit C - Holy Land Slip Op, # 4 Proposed Order, # 5 Certificate of Service)(Powell, Amy) Modified on 12/18/2008 (B,TM). (Entered: 12/12/2008)

1 Exhibit A - Declaration of Adam Szubin

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2 Exhibit B - GRF Slip Op

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3 Exhibit C - Holy Land Slip Op

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4 Proposed Order

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5 Certificate of Service

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Notice of Manual Filing of Administrative Record filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. (Powell, Amy) (Entered: 12/12/2008)

DUPLICATE OF 36 Opposition to 31 Motion for partial summary judgment filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. (Powell, Amy) Modified on 12/18/2008 (B,TM). (Entered: 12/13/2008)

Notice of Lodging Ex Parte, In Camera Materials filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. (Powell, Amy) (Entered: 12/13/2008)

Administrative Record (Vol. 1 of 5) - Blocking Notice & BPI Exhibits 1 - 57 filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. Complete document on file in Clerk's Office. (G,D) (Entered: 12/15/2008)

Administrative Record (Vol. 2 of 5) - BPI Exhibits 58 - 92 & Correspondence filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. Complete document on file in Clerk's Office. (G,D) (Entered: 12/15/2008)

Administrative Record (Vol. 3 of 5) - PDM Exhibits 1 - 60 filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. Complete document on file in Clerk's Office (G,D) (Entered: 12/15/2008)

Administrative Record (Vol. 4 of 5) - PDM Exhibits 61 - 104 filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. Complete document on file in Clerk's Office (G,D) (Entered: 12/15/2008)

Administrative Record (Vol. 5 of 5) - PDM Exhibits 105 - 114 & Correspondence filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. Complete document on file in Clerk's Office. (G,D) (Entered: 12/15/2008)

Reply (classified) in support of defendants' motion to dismiss, or in the alternative, for summary judgment and opposition to plaintiff's motion for partial summary judgment filed by all defendants. 31 36 (S,AL) (Entered: 12/18/2008)

Order granting Motion by Defendants Paulson, Szubin and Mukasey to file its Memorandum in Support of Defendants' Motion to Dismiss or in the Alternative for Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment not to exceed eighty (80) pages in length. (Related Doc # 35 ). Signed by Judge James G. Carr on 12/22/2008.(S,JM) (Entered: 12/22/2008)

Unopposed Motion for extension of Parties' Opposition/Reply Briefs until Jan. 16, 2009/February 6, 2009 filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) (Entered: 12/30/2008)

Marginal Entry Order granting 47 plaintiff's motion for extention of deadlines. Plaintiff's reply in support of its motion for summary judgment and opposition to defendants' motion for summary judgment is due 1/16/2009; Defendants' reply in support of its motion for summary judgment is due 2/6/2009. Signed by Judge James G. Carr on 1/5/2009.(S,JM) (Entered: 01/05/2009)

Unopposed Motion to Modify Briefing Schedule filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) Modified on 1/20/2009 (B,TM). (Entered: 01/15/2009)

Marginal Entry Order granting 49 plaintiff's Motion to Modify Briefing Schedule. Plaintiffs reply in support of its motion for summary judgment and opposition to defendants' motion for summary judgment are due 2/2/2009. Defendants' reply in support of their motion for summary judgment is due 2/27/2009. Signed by Judge James G. Carr on 1/20/2009.(S,JM) (Entered: 01/20/2009)

Notice of Manual Filing of Supplement to Administrative Record filed by all defendants. (Powell, Amy) (Entered: 01/30/2009)

Notice of Hearing [Non Document]: Pretrial/Scheduling Conference set for 2/9/2009 at 04:30 PM in Chambers 210 before Judge James G. Carr. Prior to said conference the parties shall file status reports/agendas on February 6, 2009. (S,AL)

Unopposed Motion for Order to Enlarge Page Limit for Reply Memorandum in support of Motion for Partial Summary Judgment and in Opposition to defendants Motion for Summary Judgment filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) Modified on 2/3/2009 (B,TM). (Entered: 01/31/2009)

Reply to response to 31 Motion for partial summary judgment, 36 Motion to dismiss or in the alternative Motion for summary judgment filed by Kindhearts For Charitable Humanitarian Development, Inc.. (Attachments: # 1 Second Declaration of Alan Kabat)(Shamsi, Hina) (Entered: 02/02/2009)

1 Second Declaration of Alan Kabat

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Supplement to Administrative Record (KH1 - 675) filed by all defendants. Complete document on file in Clerk's Office (G,D) (Entered: 02/03/2009)

Supplement to Administrative Record (KH676 - 1369) filed by all defendants. Complete document on file in Clerk's Office (G,D) (Entered: 02/03/2009)

Certification of Supplement to Administrative Record filed by all defendants. Complete document on file in Clerk's Office. (59 pgs) Related document(s) 54, 55 .(G,D) (Entered: 02/03/2009)

Marginal Entry Order granting Motion to enlarge page limit for plaintiff's reply memorandum in support of its motion for summary judgment and in opposition to the defendants' motion for summary judgment. (Related Documents 52 53 ). Signed by Judge James G. Carr on 2/6/2009.(S,JM) (Entered: 02/06/2009)

Status Report filed by all defendants. (Powell, Amy) (Entered: 02/06/2009)

Status Report filed by Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) (Entered: 02/06/2009)

Order: Status Conference was held on 2/9/2009 before Judge James G. Carr. Oral arguments on pending motions are scheduled 3/24/2009 at 8:30 a.m., in Chambers 210 before Judge James G. Carr. Signed by Judge James G. Carr on 2/12/2009. (Court reporter: Cynthia Lee.) (Time: 20 min.) (S,JM) (Entered: 02/12/2009)

Unopposed Motion for extension of Reply Memorandum in Support of Motion for Summary Judgment until March 6, 2009 filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. (Powell, Amy) Modified on 2/23/2009 (document unsigned, filer notified) (B,TM). (Entered: 02/20/2009)

Marginal Entry Order granting 61 the defendant's Motion for an extension of time until 3/6/09 to file their reply brief. Judge James G. Carr on 2/26/2009.(S,AL) (Entered: 02/26/2009)

Motion for attorney Ranjana Natarajan to Appear Pro Hac Vice. Filing fee paid of $100.00, receipt number 06470000000003442247, filed by Amicus Curiae parties. (Maloney, Daniel) Modified on 3/3/2009 (B,TM). (Entered: 02/27/2009)

Affidavit/Declaration of Ranjana Natarajan filed by Grantmakers Without Borders, OMB Watch, Kay Guinane, American-Arab Anti-Discrimination Committee, Appleton Foundation, Bill of Rights Defense Committee, Defending Dissent Foundation, Fund for Nonviolence, Grassroots International, Kinder USA, Muslim Advocates, Muslim Public Affairs Council. (Maloney, Daniel) Modified on 3/3/2009 (signature of Ranjana Natarajan) (B,TM). (Entered: 02/27/2009)

Motion for Leave to File Proposed Brief Amicus Curiae filed by Grantmakers Without Borders, OMB Watch, Kay Guinane, American-Arab Anti-Discrimination Committee, Appleton Foundation, Bill of Rights Defense Committee, Defending Dissent Foundation, Fund for Nonviolence, Grassroots International, Kinder USA, Muslim Advocates, Muslim Public Affairs Council. (Maloney, Daniel) Modified on 3/3/2009 (B,TM). (Entered: 02/27/2009)

Affidavit/Declaration in Support of Motion For Leave to File Proposed Brief Amicus Curiae filed by Grantmakers Without Borders, OMB Watch, Kay Guinane, American-Arab Anti-Discrimination Committee, Appleton Foundation, Bill of Rights Defense Committee, Defending Dissent Foundation, Fund for Nonviolence, Grassroots International, Kinder USA, Muslim Advocates, Muslim Public Affairs Council. (Attachments: # 1 Brief of Amici Curiae)(Maloney, Daniel) (Entered: 02/27/2009)

1 Brief of Amici Curiae

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Proposed Order in support of 65 Motion for Leave to File Proposed Brief Amicus Curiae filed by Grantmakers Without Borders, OMB Watch, Kay Guinane, American-Arab Anti-Discrimination Committee, Appleton Foundation, Bill of Rights Defense Committee, Defending Dissent Foundation, Fund for Nonviolence, Grassroots International, Kinder USA, Muslim Advocates, Muslim Public Affairs Council. (Maloney, Daniel) Modified on 3/3/2009 (B,TM). (Entered: 02/27/2009)

Memorandum In Support of 65 Motion for Leave to File Proposed Brief Amicus Curiae filed by Grantmakers Without Borders, OMB Watch, Kay Guinane, American-Arab Anti-Discrimination Committee, Appleton Foundation, Bill of Rights Defense Committee, Defending Dissent Foundation, Fund for Nonviolence, Grassroots International, Kinder USA, Muslim Advocates, Muslim Public Affairs Council. (Maloney, Daniel) Modified on 3/3/2009 (B,TM). (Entered: 02/27/2009)

Corporate Disclosure Statement filed by Grantmakers Without Borders, OMB Watch, Kay Guinane, American-Arab Anti-Discrimination Committee, Appleton Foundation, Bill of Rights Defense Committee, Defending Dissent Foundation, Fund for Nonviolence, Grassroots International, Kinder USA, Muslim Advocates, Muslim Public Affairs Council. (Maloney, Daniel) Modified on 3/3/2009 (B,TM). (Entered: 02/27/2009)

Marginal Entry Order granting Motion for attorney Ranjana Natarajan to appear pro hac vice for Amicus Curiae parties Grantmakers Without Borders, OMB Watch, Kay Guinane, American-Arab Anti-Discrimination Committee, Appleton Foundation, Bill of Rights Defense Committee, Defending Dissent Foundation, Fund for Nonviolence, Grassroots International, Kinder USA, Muslim Advocates and Muslim Public Affairs Council. Signed by Judge James G. Carr on 3/3/2009. (Related Doc # 63 )(S,JM) (Entered: 03/03/2009)

Order granting Motion for leave to file an amicus curiae. (Related Doc # 65 ). Judge James G. Carr on 3/5/2009. (S,AL) Modified on 3/6/2009 (B,TM). (Entered: 03/05/2009)

Unopposed Motion for expansion of page limits to the Reply Memorandum in support of Motion to Dismiss or in the alternative Summary Judgment filed by Henry M. Paulson, Adam J. Szubin, Michael B. Mukasey. (Powell, Amy) Modified on 3/10/2009 (B,TM). (Entered: 03/06/2009)

Reply to response to 36 Motion to dismiss or in the alternative Motion for summary judgment filed by all defendants. (Attachments: # 1 Exhibit 1 - Supplemental Declaration of Adam Szubin)(Powell, Amy) (Entered: 03/06/2009)

1 Exhibit 1 - Supplemental Declaration of Adam Szubin

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Notice of Filing Second Supplement to Public Administrative Record filed by all defendants. (Attachments: # 1 Certification of Second Supplement by William Schisa, # 2 Second Supplement to Public Administrative Record)(Powell, Amy) (Entered: 03/06/2009)

1 Certification of Second Supplement by William Schisa

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2 Second Supplement to Public Administrative Record

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Response to 65 Motion for leave to file Brief of Amici Curiae filed by all defendants. (Powell, Amy) Modified on 3/10/2009 (B,TM). (Entered: 03/06/2009)

Marginal Entry Order granting defendants' Motion for order to exceed the page limitation. (Related Doc # 72 ). Judge James G. Carr on 3/12/2009.(S,AL) (Entered: 03/12/2009)

Notice of Filing Third Supplement to Public Administrative Record filed by all defendants. (Attachments: # 1 Third Supplement to Public Administrative Record)(Powell, Amy) (Entered: 03/13/2009)

1 Third Supplement to Public Administrative Record

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Notice of Hearing [Non Document]: Telephone Conference set for 3/24/2009 09:30 AM in to be held before Judge James G. Carr. Counsel to call: 419-213-5509, access code 550911. (S,AL)

Statement of Supplemental Issues filed by all defendants. (Attachments: # 1 Certification)(Powell, Amy) Modified on 3/19/2009 (B,TM). (Entered: 03/18/2009)

1 Certification

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Statement of Supplemental Issues filed by Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) Modified on 3/19/2009 (B,TM). (Entered: 03/18/2009)

Order: Telephone Conference was held on 3/24/2009 before Judge James G. Carr. Oral argument on pending motions for summary judgment are rescheduled for 5/1/2009, at 8:30 a.m. Clerk to note the appearance of John Czarnecki as counsel of Khalid Smali. Signed by Judge James G. Carr on 3/25/2009. (Time: 45 min.) (S,JM) (Entered: 03/25/2009)

Questions for counsel re. Oral Argument scheduled for 5/1/09. (S,AL) (Entered: 04/30/2009)

Notice Of Filing Of Fourth Supplement To Administrative Record filed by all defendants. (Attachments: # 1 Exhibit Letter to Bernabei from OFAC, # 2 Exhibit Attachments 1-3, # 3 Exhibit Attachments 4-6, # 4 Exhibit Attachments 7-13, # 5 Exhibit Attachments 14-19, # 6 Exhibit License)(Powell, Amy) (Entered: 04/30/2009)

1 Exhibit Letter to Bernabei from OFAC

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2 Exhibit Attachments 1-3

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3 Exhibit Attachments 4-6

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4 Exhibit Attachments 7-13

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5 Exhibit Attachments 14-19

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6 Exhibit License

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Minutes of proceedings [Non Document] before Judge James G. Carr.Oral Argument held on 5/1/2009. Matter taken under advisement. (Court Reporter: Tracy Spore.)Time: 7.5. (S,AL)

Notice of Filing of OFAC Fee Petitions filed by Kindhearts For Charitable Humanitarian Development, Inc.. (Attachments: # 1 Exhibit 1-2 (OFAC Fee Petitions))Related document(s) 53, 32, 31 .(Kabat, Alan) (Entered: 05/07/2009)

1 Exhibit 1-2 (OFAC Fee Petitions)

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Notice of Filing of OFAC's Decision on Request for Extension of Time filed by all plaintiffs. (Attachments: # 1 Exhibit)(Kabat, Alan) (Entered: 06/26/2009)

1 Exhibit

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Transcript of Oral Argument held on 5/1/09 before Judge James G. Carr. To obtain a bound copy of this transcript please contact court reporter Tracy Spore at 419-392-6626. [274 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 7/16/2009. Redaction Request due 7/28/2009. Redacted Transcript Deadline set for 8/7/2009. Release of Transcript Restriction set for 10/5/2009. (S,Tr) (Entered: 07/07/2009)

Notice of Filing of OFAC's Decision on Plaintiff's Fee Petitions filed by Kindhearts For Charitable Humanitarian Development, Inc.. Related document(s) 83 .(Kabat, Alan) (Entered: 08/05/2009)

Order : Secretary of the Treasury Timothy Geithner and Attorney General Eric H. Holder are hereby substituted as defendants for former Secretary of the Treasury Henry M. Paulson and former Attorney General Michael B. Mukasey, respectively. Def endant's motion to dismiss [Doc. 36] is granted with regard to plaintiffs claims that: The Fourth Amendment precludes final designation of plaintiff as a Specially Designated Global Terrorist, without prejudice; OFAC's authority is void for vagueness; OFAC's block pending investigation of plaintiff's assets contravened due process of law on its face; As applied, OFACs provisional designation of KindHearts as a Specially Designated Global Terrorist contravened due process, wit hout prejudice; OFAC's impairment of plaintiffs investigation violated due process; OFACs restriction of access to blocked funds to compensate counsel, and otherwise is denied. Defendant's motion to dismiss is otherwise denied. Plaintiff 39;s motion for partial summary judgment is granted with regard to its claims: that OFAC violated the Fourth Amendment claim when it seized plaintiffs assets without probable cause and prior judicial review and issuance of a warrant for such seizure; OFAC's failure to provide notice, and an opportunity to be heard, and its restrictions on plaintiff's access to its documents; OFAC's limitation on the extent to which plaintiffs' blocked funds are available to it to compensate i ts counsel was arbitrary and capricious and violated the Administrative Procedure Act.Plaintiffs motion for summary judgment is otherwise denied. A status/scheduling conference is set for September 21, 2009 at 3:30 p.m.; not later than one week befor e the conference the parties shall submit an agreed or separate status report[s] specifying issues needing further consideration and suggesting a timetable for adjudication or other disposition of such issues. (Related Doc # 36 ) (Related Doc # 31 ). Judge James G. Carr on 8/18/2009.(S,AL)

Status Report of Plaintiffs in Response to Court's Order of August 18, 2009 filed by Kindhearts For Charitable Humanitarian Development, Inc.. (Byers, Fritz) (Entered: 09/14/2009)

Status Report filed by defendants, Geithner, Szubin and Holder. (Powell, Amy) Modified on 10/27/2009 (B,TM). (Entered: 09/14/2009)

Notice denying request for extension of deadline to provisional designation determination filed by defendants. (Attachments: # 1 Attachment A)(Zimmerman, Jonathan) Modified on 9/21/2009 (B,TM). (Entered: 09/18/2009)

1 Attachment A

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Motion for temporary restraining order and/or for interim relief filed by Plaintiff Kindhearts For Charitable Humanitarian Development, Inc.. (Attachments: # 1 Affidavit Wizner Declaration)(Kabat, Alan) (Entered: 09/21/2009)

1 Affidavit Wizner Declaration

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Notice [non-document]. Counsel are to call into the Court's bridge line for the telephone conference this afternoon at 3:30 p.m.(EST.) The call-in number is 419-213-5509 (passcode is 550911). (S,JM)

Joint Motion to continue dates for briefing of Plaintiff's motion for interim relief and hearing filed by defendants. (Powell, Amy) Modified on 10/27/2009 (B,TM). (Entered: 09/22/2009)

Order: Status/scheduling conference was held 9/21/2009 before Judge James G. Carr. Plaintiff's post-opinion brief is due 10/30/2009; defendants' post-hearing brief is due 12/15/2009; plaintiff's post-hearing reply is due 1/20/2010; defendants' sur-reply is due 2/1/2010. Defendants' response to plaintiff's motion for temporary restraining order is due 9/24/2009; plaintiff's reply is due 9/27/2009. Status/scheduling telephone conference re. plaintiff's motion for temporary restraining order is scheduled 9/28/2009, at 9:30 a.m. Counsel are to call into the court bridge line at 419-213-5509 (passcode is 550911). Signed by Judge James G. Carr on 9/22/2009. (Time: 1 hr.) (S,JM) (Entered: 09/22/2009)

Marginal Entry Order granting the parties joint motion to continue. Defendants' brief in opposition to interim relief is due 10/2/09; reply due 10/9/09, with a status conference set for 10/13/09 at 10:00 a. m. (Related Doc # 92 ). Judge James G. Carr on 9/24/2009.(S,AL) (Entered: 09/24/2009)

Unopposed Motion for leave to file Opposition to Motion for Interim Relief and or Temporary Restraining Order in excess of pages filed by defendants. (Powell, Amy) Modified on 10/27/2009 (B,TM). (Entered: 10/02/2009)