Case: Cherri v. Mueller

2:12-cv-11656 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 13, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 13, 2012, a number of Muslim Americans residing in Michigan filed this Religious Freedom Restoration Act lawsuit in the U.S. District Court for the Eastern District of Michigan, against the Federal Bureau of Investigation, U.S. Border Patrol, and the Transportation Security Administration. The plaintiffs claimed that they have been subjected to invasive body searches, prolonged detentions, and religious questioning each time they cross the U.S.-Canada border, while never being provided…

On April 13, 2012, a number of Muslim Americans residing in Michigan filed this Religious Freedom Restoration Act lawsuit in the U.S. District Court for the Eastern District of Michigan, against the Federal Bureau of Investigation, U.S. Border Patrol, and the Transportation Security Administration. The plaintiffs claimed that they have been subjected to invasive body searches, prolonged detentions, and religious questioning each time they cross the U.S.-Canada border, while never being provided with a reason for this treatment. Represented by the Council on American Islamic Relations, they asked the court for declaratory and injunctive relief, claiming that targeting and detaining Muslim Americans at the border to question them about their religious beliefs violates the First Amendment, as well as plaintiffs' Equal Protection rights, because people of other faiths are not similarly questioned.

On September 14, 2012, the federal government filed a motion to dismiss. On November 16, 2012, the plaintiffs filed an amended complaint, adding in the Department of Homeland Security as a defendant. Again, the defendants filed a motion to dismiss the amended complaint.

On June 11, 2013, Judge Avern Cohn bifurcated the claims against the official-capacity defendants from the claims against the individual-capacity defendants to handle them separately. Cherri v. Mueller, 12-11656, 2013 WL 2558154 (E.D. Mich. June 11, 2013). Judge Cohn then granted in part and denied in part the official-capacity defendants' motion to dismiss. He held that (1) the plaintiffs had standing to sue and the claims in the plaintiffs' first amended complaint were justiciable; (2) the plaintiffs had adequately pled the existence of an official policy, custom and practice; and (3) pursuant to that official policy, custom, and practice, the plaintiffs sufficiently stated a Fifth Amendment claim (Count IV). However, Judge Cohn held that the plaintiffs did not state a claim upon which relief can be granted under the First Amendment or the RFRA and therefore dismissed those counts. Cherri v. Mueller, 951 F. Supp. 2d 918 (E.D. Mich. 2013).

On June 17, 2013, the plaintiffs filed two additional amended complaints, one for the individual-capacity defendants and another for the official-capacity defendants. On August 14, 2013, the parties agreed to a stipulated order of dismissal of individual-capacity claims only.

The parties engaged in discovery throughout 2014. On March 16, 2015, the plaintiffs moved to compel discovery of several documents that the plaintiffs claimed were improperly withheld under law enforcement privilege along with three depositions. On April 28, 2015, the defendants cross-moved for a protective order from the three depositions.

After a long discovery period, the plaintiffs filed a motion for summary judgment on May 28, 2019, and the plaintiffs filed their own cross-motion for summary judgment on July 29, 2019. The case was reassigned to District Judge Denise Page Hood on January 2, 2020. In a March 24, 2020 memo, she stated that she would rule on the summary judgment motions without oral argument. No judgment has yet been entered.

Summary Authors

Jessica Kincaid (6/16/2014)

Cade Boland (3/25/2018)

Ellen Aldin (6/1/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4291982/parties/cherri-v-mueller-iii/


Judge(s)

Cohn, Avern Levin (Michigan)

Attorney for Plaintiff

Abbas, Gadeir Ibrahim (District of Columbia)

Akbar, Syed (Michigan)

Akeel, Shereef H (Michigan)

Attorney for Defendant

Agents, Unidentified TSA (Michigan)

Documents in the Clearinghouse

Documents in this case

2:12-cv-11656

Docket [PACER]

Nov. 2, 2017

Nov. 2, 2017

Docket
1

2:12-cv-11656

Complaint

April 13, 2012

April 13, 2012

Complaint
44

2:12-cv-11656

Memorandum and Order Granting in Part and Denying in Part Official- Capacity Defendant's Motion to Dismiss

June 11, 2013

June 11, 2013

Order/Opinion

951 F.Supp.2d 918

45

2:12-cv-11656

Order of Bifurcation

June 11, 2013

June 11, 2013

Order/Opinion

2013 WL 2558154

46

2:12-cv-11656

Second Amended Complaint (Official capacity Defendants)

June 17, 2013

June 17, 2013

Complaint
47

2:12-cv-11656

Second Amended Complaint (Individual Capacity Defendants)

June 17, 2013

June 17, 2013

Complaint
89-1

2:12-cv-11656

Defendants' Response to Plaintiffs' Motion to Compel Discovery and Defendants' Cross-Motion for a Protective Order [Exhibit A: Declaration of Derek N. Benner]

April 28, 2015

April 28, 2015

Pleading / Motion / Brief
90

2:12-cv-11656

Defendants' Response to Plaintiffs' Motion to Compel Discovery and Defendants' Cross Motion for a Protective Order

April 28, 2015

April 28, 2015

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4291982/cherri-v-mueller-iii/

Last updated April 8, 2025, 11:22 a.m.

ECF Number Date Description Link
April 13, 2012

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (KKra) (Entered: 04/13/2012)

PACER
1 April 13, 2012

COMPLAINT AND JURY DEMAND filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-3483917 - Fee: $ 350. County of 1st Plaintiff: Wayne County, MI - County Where Action Arose: Wayne County, MI - County of 1st Defendant: Wayne County, MI. [Previously dismissed case: No] [Possible companion case(s): None] (Masri, Lena) (Entered: 04/13/2012)

Clearinghouse
2 April 13, 2012

SUMMONS Issued for *Michael Jerome Fisher, Robert S Mueller, III, John S Pistole, Jeff Sokolowski, Robert B Thompson* (KKra) (Entered: 04/13/2012)

RECAP
April 13, 2012

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (KKra)

3 April 16, 2012

NOTICE of Appearance by Shereef H. Akeel on behalf of All Plaintiffs. (Akeel, Shereef) (Entered: 04/16/2012)

RECAP
4 April 16, 2012

NOTICE of Appearance by Gadeir I. Abbas on behalf of All Plaintiffs. (Abbas, Gadeir) (Entered: 04/16/2012)

RECAP
5 April 17, 2012

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (KKra) (Entered: 04/17/2012)

RECAP
6 May 3, 2012

CERTIFICATE of Service/Summons Returned Executed. Robert Thompson served on 4/18/12. (Masri, Lena) (Entered: 05/03/2012)

RECAP
7 May 3, 2012

CERTIFICATE of Service/Summons Returned Executed. Jeff Sokolowski served on 4/20/12. (Masri, Lena) (Entered: 05/03/2012)

RECAP
8 May 3, 2012

CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney General served on 4/23/12. (Masri, Lena) (Entered: 05/03/2012)

RECAP
9 May 3, 2012

CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of All Defendants. (Masri, Lena) (Entered: 05/03/2012)

RECAP
10 May 3, 2012

CERTIFICATE of Service/Summons Returned Executed. Robert S. Mueller, III served on 4/23/12. (Masri, Lena) (Entered: 05/03/2012)

RECAP
11 June 7, 2012

STIPULATED ORDER Extending & Consolidating Time to Respond to 1 Complaint. Response due 07/30/2012 Signed by District Judge Avern Cohn. (JOwe) (Entered: 06/07/2012)

RECAP
12 July 23, 2012

STIPULATED ORDER Extending Time to Respond to 1 Complaint, Answer due 08/29/2012 Signed by District Judge Avern Cohn. (JOwe) (Entered: 07/23/2012)

RECAP
13 Aug. 30, 2012

STIPULATION AND ORDER EXTENDING & CONSOLIDATING TIME TO RESPOND TO COMPLAINT re 1 Complaint, Signed by District Judge Avern Cohn. (Bankston, T) (Entered: 08/30/2012)

RECAP
Sept. 4, 2012

Set Deadlines/Hearings: Responses due by 9/14/2012 (JOwe) (Entered: 09/04/2012)

PACER
Sept. 4, 2012

Set Deadlines/Hearings: Responses due by 9/14/2012 (JOwe)

14 Sept. 14, 2012

MOTION to Dismiss by Jeff Sokolowski, Robert B Thompson. (Levine, Brant) (Entered: 09/14/2012)

RECAP
15 Sept. 14, 2012

STIPULATED ORDER Allowing Official-Capacity Defendants to File a Twenty-Six Page Brief in Support of Their 14 MOTION to Dismiss Signed by District Judge Avern Cohn. (JOwe) (Entered: 09/14/2012)

RECAP
16 Sept. 14, 2012

MOTION to Dismiss by Michael Jerome Fisher, Robert S Mueller, III, John S Pistole. (Littleton, Judson) (Entered: 09/14/2012)

RECAP
17 Sept. 17, 2012

NOTICE TO APPEAR: Status Conference set for 10/18/2012 02:00 PM before District Judge Avern Cohn (JOwe) (Entered: 09/17/2012)

RECAP
18 Sept. 19, 2012

NOTICE of Appearance by Jennifer E. Nimer on behalf of All Plaintiffs. (Nimer, Jennifer) (Entered: 09/19/2012)

RECAP
Oct. 1, 2012

TEXT−ONLY NOTICE: Status Conference on 10/18/2012 is Cancelled re 17 Notice to Appear (JOwe) (Entered: 10/01/2012)

PACER
19 Oct. 1, 2012

NOTICE TO APPEAR: Status Conference reset for 11/13/2012 02:00 PM before District Judge Avern Cohn (JOwe) (Entered: 10/01/2012)

RECAP
Oct. 1, 2012

TEXT-ONLY NOTICE: Status Conference on 10/18/2012 is Cancelled re 17 Notice to Appear (JOwe)

20 Oct. 4, 2012

STIPULATED ORDER Extending Time to Respond to Motions to Dismiss, Set Motion and R&R Deadlines/Hearings as to 14 MOTION to Dismiss, 16 MOTION to Dismiss :( Responses due by 11/16/2012) Signed by District Judge Avern Cohn. (JOwe) (Entered: 10/04/2012)

RECAP
Nov. 13, 2012

Minute Entry − Status Conference held on 11/13/2012 before District Judge Avern Cohn. (JOwe) (Entered: 11/13/2012)

PACER
Nov. 13, 2012

Minute Entry - Status Conference held on 11/13/2012 before District Judge Avern Cohn. (JOwe)

Nov. 16, 2012

REQUEST for SUMMONS for David V Aguilar, Janet Napolitano. (Masri, Lena) (Entered: 11/16/2012)

PACER
21 Nov. 16, 2012

AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against Unidentified CBP Agents, Unidentified FBI Agents, Robert S Mueller, III, Jeff Sokolowski, Robert B Thompson, Janet Napolitano, David V Aguilar. NEW PARTIES ADDED. (Attachments: # 1 Exhibit DHS CRCL Legal Memorandum - October 1, 2010, # 2 Exhibit DHS CRCL Letter - May 3, 2011, # 3 Exhibit CBP Memorandum - May 3, 2011) (Masri, Lena) (Entered: 11/16/2012)

1 Exhibit DHS CRCL Legal Memorandum - October 1, 2010

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2 Exhibit DHS CRCL Letter - May 3, 2011

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3 Exhibit CBP Memorandum - May 3, 2011

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RECAP
Nov. 16, 2012

REQUEST for SUMMONS for David V Aguilar, Janet Napolitano. (Masri, Lena)

22 Nov. 19, 2012

SUMMONS Issued for *David V Aguilar, Janet Napolitano* (TMcg) (Entered: 11/19/2012)

RECAP
23 Nov. 19, 2012

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (TMcg) (Entered: 11/19/2012)

RECAP
24 Nov. 30, 2012

NOTICE by David V Aguilar, Robert S Mueller, III, Janet Napolitano, Jeff Sokolowski, Robert B Thompson Regarding Responses to Amended Complaint (Littleton, Judson) (Entered: 11/30/2012)

RECAP
25 Dec. 15, 2012

CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of David V Aguilar served on 11/28/2012, answer due 1/28/2013; Janet Napolitano served on 11/28/2012, answer due 1/28/2013. (Masri, Lena) (Entered: 12/15/2012)

RECAP
26 Dec. 15, 2012

CERTIFICATE of Service/Summons Returned Executed. Office of the Attorney General served on 12/3/2012. (Masri, Lena) (Entered: 12/15/2012)

RECAP
27 Dec. 15, 2012

CERTIFICATE of Service/Summons Returned Executed. David V Aguilar served on 12/3/2012. (Masri, Lena) (Entered: 12/15/2012)

RECAP
28 Dec. 15, 2012

CERTIFICATE of Service/Summons Returned Executed. Janet Napolitano served on 12/3/2012. (Masri, Lena) (Entered: 12/15/2012)

RECAP
29 Jan. 9, 2013

NOTICE TO APPEAR: Status Conference set for 1/24/2013 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 01/09/2013)

RECAP
30 Jan. 18, 2013

STIPULATED ORDER ENLARGING PAGE LIMITS FOR BRIEFING ON MOTION TO DISMISS. Signed by District Judge Avern Cohn. (SCha) (Entered: 01/18/2013)

RECAP
31 Jan. 18, 2013

MOTION to Dismiss Amended Complaint by Jeff Sokolowski, Robert B Thompson. (Levine, Brant) (Entered: 01/18/2013)

RECAP
32 Jan. 18, 2013

MOTION to Dismiss Amended Complaint by David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Littleton, Judson) (Entered: 01/18/2013)

RECAP
Jan. 24, 2013

Minute Entry − Status Conference held on 1/24/2013 before District Judge Avern Cohn. (SCha) (Entered: 01/24/2013)

PACER
Jan. 24, 2013

Minute Entry - Status Conference held on 1/24/2013 before District Judge Avern Cohn. (SCha)

33 Jan. 25, 2013

PRETRIAL ORDER. Signed by District Judge Avern Cohn. (SCha) (Entered: 01/25/2013)

RECAP
34 March 8, 2013

Stipulated Order Extending Time to Respond to Motions to Dismiss. Signed by District Judge Avern Cohn. (SCha) (Entered: 03/08/2013)

RECAP
35 March 19, 2013

Stipulated Order Dismissing Selected Defendants, Michael Jerome Fisher and John S Pistole terminated. Signed by District Judge Avern Cohn. (SCha) (Entered: 03/19/2013)

RECAP
36 March 22, 2013

Stipulated Order Enlarging Page Limit for Plaintiffs' Response to Motion to Dismiss Amended Complaint by Official-Capacity Defendants. Signed by District Judge Avern Cohn. (SCha) (Entered: 03/22/2013)

RECAP
37 March 22, 2013

RESPONSE to 31 MOTION to Dismiss Amended Complaint by Defendants Robert B. Thompson & Jeff Sokolowski filed by All Plaintiffs. (Masri, Lena) (Entered: 03/22/2013)

RECAP
38 March 22, 2013

RESPONSE to 32 MOTION to Dismiss Amended Complaint by Official-Capacity Defendants filed by All Plaintiffs. (Masri, Lena) (Entered: 03/22/2013)

RECAP
39 March 28, 2013

NOTICE OF HEARING on 32 MOTION to Dismiss Amended Complaint, 31 MOTION to Dismiss Amended Complaint. Motion Hearing set for 5/1/2013 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 03/28/2013)

RECAP
40 April 15, 2013

Stipulated Order Enlarging Page Limits for Briefing on Motion to Dismiss Signed by District Judge Avern Cohn. (SCha) (Entered: 04/15/2013)

RECAP
41 April 15, 2013

REPLY to Response re 31 MOTION to Dismiss Amended Complaint filed by Jeff Sokolowski, Robert B Thompson. (Levine, Brant) (Entered: 04/15/2013)

RECAP
42 April 15, 2013

REPLY to Response re 32 MOTION to Dismiss Amended Complaint filed by David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Littleton, Judson) (Entered: 04/15/2013)

1 Exhibit A

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2 Exhibit B

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RECAP
April 30, 2013

Set/Reset Deadlines as to 32 MOTION to Dismiss Amended Complaint , 31 MOTION to Dismiss Amended Complaint . Motion Hearing reset for 5/22/2013 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 04/30/2013)

PACER
April 30, 2013

Set/Reset Deadlines as to 32 MOTION to Dismiss Amended Complaint, 31 MOTION to Dismiss Amended Complaint. Motion Hearing reset for 5/22/2013 02:00 PM before District Judge Avern Cohn (SCha)

May 3, 2013

Set/Reset Deadlines as to 32 MOTION to Dismiss Amended Complaint , 31 MOTION to Dismiss Amended Complaint . Motion Hearing set for 5/29/2013 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 05/03/2013)

PACER
May 3, 2013

Set/Reset Deadlines as to 32 MOTION to Dismiss Amended Complaint, 31 MOTION to Dismiss Amended Complaint. Motion Hearing set for 5/29/2013 02:00 PM before District Judge Avern Cohn (SCha)

May 16, 2013

Set/Reset Deadlines as to 32 MOTION to Dismiss Amended Complaint , 31 MOTION to Dismiss Amended Complaint . Motion Hearing set for 5/29/2013 11:00 AM (TIME CHANGE ONLY) before District Judge Avern Cohn (SCha) (Entered: 05/16/2013)

PACER
May 16, 2013

Set/Reset Deadlines as to 32 MOTION to Dismiss Amended Complaint, 31 MOTION to Dismiss Amended Complaint. Motion Hearing set for 5/29/2013 11:00 AM (TIME CHANGE ONLY) before District Judge Avern Cohn (SCha)

43 May 28, 2013

NOTICE of Appearance by Munia Farhana Jabbar on behalf of All Plaintiffs. (Jabbar, Munia) (Entered: 05/28/2013)

RECAP
May 29, 2013

Minute Entry − Motion Hearing held on 5/29/2013 re 32 MOTION to Dismiss Amended Complaint filed by Robert S Mueller, III, David V Aguilar, Janet Napolitano, 31 MOTION to Dismiss Amended Complaint filed by Robert B Thompson, Jeff Sokolowski before District Judge Avern Cohn. Disposition: taken under advisement(Court Reporter Sheri Ward) (SCha) (Entered: 05/29/2013)

PACER
May 29, 2013

Minute Entry - Motion Hearing held on 5/29/2013 re 32 MOTION to Dismiss Amended Complaint filed by Robert S Mueller, III, David V Aguilar, Janet Napolitano, 31 MOTION to Dismiss Amended Complaint filed by Robert B Thompson, Jeff Sokolowski before District Judge Avern Cohn. Disposition: taken under advisement(Court Reporter Sheri Ward) (SCha)

44 June 11, 2013

Memorandum and Order Granting in Part and Denying in Part Official-Capacity Defendants' 32 Motion to Dismiss. Signed by District Judge Avern Cohn. (SCha) (Entered: 06/11/2013)

Clearinghouse
45 June 11, 2013

Order of Bifurcation. Signed by District Judge Avern Cohn. (SCha) (Entered: 06/11/2013)

Clearinghouse
46 June 17, 2013

AMENDED COMPLAINT, SECOND (OFFICIAL-CAPACITY DEFENDANTS) filed by All Plaintiffs against David V Aguilar, Robert S Mueller, III, Janet Napolitano. NO NEW PARTIES ADDED. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Masri, Lena) (Entered: 06/17/2013)

1 Exhibit

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2 Exhibit

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3 Exhibit

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Clearinghouse
47 June 17, 2013

AMENDED COMPLAINT, SECOND (INDIVIDUAL-CAPACITY DEFENDANTS) filed by All Plaintiffs against Unidentified CBP Agents, Unidentified FBI Agents, Jeff Sokolowski, Robert B Thompson. NO NEW PARTIES ADDED. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Masri, Lena) (Entered: 06/17/2013)

1 Exhibit

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2 Exhibit

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3 Exhibit

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Clearinghouse
48 June 19, 2013

Order Staying Proceedings as to Individual-Capacity Defendants Signed by District Judge Avern Cohn. (SCha) (Entered: 06/19/2013)

RECAP
49 June 26, 2013

Stipulated Order Extending Time to Respond to Second Amended Complaint Signed by District Judge Avern Cohn. (SCha) (Entered: 06/26/2013)

RECAP
50 July 25, 2013

NOTICE of Appearance by Patrick Nemeroff on behalf of David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Nemeroff, Patrick) (Entered: 07/25/2013)

RECAP
51 July 25, 2013

ANSWER to Amended Complaint with Affirmative Defenses by Robert S Mueller, III, Janet Napolitano. (Nemeroff, Patrick) (Entered: 07/25/2013)

RECAP
52 July 26, 2013

NOTICE TO APPEAR: Status Conference set for 8/19/2013 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 07/26/2013)

RECAP
53 July 31, 2013

Notice of E-mail Delivery Failure as to attorney Judson O. Littleton. Bounced NEF for 50 Notice of Appearance, 52 Notice to Appear, 51 Answer to Amended Complaint. (KCla) (Entered: 07/31/2013)

RECAP
54 Aug. 2, 2013

ORDER of Attorney Substitution. Attorney Patrick Nemeroff substitued for Judson O. Littleton Signed by District Judge Avern Cohn. (DTyl) (Entered: 08/05/2013)

RECAP
Aug. 7, 2013

Set Deadlines/Hearings: Status Conference RESET for 8/26/2013 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 08/07/2013)

PACER
Aug. 7, 2013

Set Deadlines/Hearings: Status Conference RESET for 8/26/2013 02:00 PM before District Judge Avern Cohn (SCha)

Aug. 14, 2013

Set Deadlines/Hearings: Status Conference RESET for 9/23/2013 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 08/14/2013)

PACER
55 Aug. 14, 2013

Stipulated Order of Dismissal of Individual Capacity Claims Only, Jeff Sokolowski and Robert B Thompson terminated. Signed by District Judge Avern Cohn. (SCha) (Entered: 08/14/2013)

RECAP
Aug. 14, 2013

Set Deadlines/Hearings: Status Conference RESET for 9/23/2013 02:00 PM before District Judge Avern Cohn (SCha)

56 Sept. 16, 2013

NOTICE of Appearance by Jonathan G. Cooper on behalf of David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Cooper, Jonathan) (Entered: 09/16/2013)

RECAP
57 Sept. 16, 2013

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Cooper, Jonathan) (Entered: 09/16/2013)

RECAP
58 Sept. 17, 2013

ORDER Substituting Counsel for the Official Capacity Defendants. Attorney Patrick Nemeroff terminated. Signed by District Judge Avern Cohn. (PMil) (PMil). (Entered: 09/17/2013)

RECAP
Sept. 23, 2013

Minute Entry for proceedings held before District Judge Avern Cohn: Status Conference held on 9/23/2013 (SCha) (Entered: 09/24/2013)

PACER
Sept. 23, 2013

Minute Entry for proceedings held before District Judge Avern Cohn: Status Conference held on 9/23/2013 (SCha)

59 Oct. 18, 2013

NOTICE TO APPEAR: Final Pretrial Conference set for 12/16/2014 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 10/18/2013)

RECAP
60 Feb. 14, 2014

Joint MOTION for Protective Order by David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Attachments: # 1 Exhibit Proposed Privacy Act Protective Order & Acknowledgement) (Cooper, Jonathan) (Entered: 02/14/2014)

1 Exhibit Proposed Privacy Act Protective Order & Acknowledgement

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RECAP
61 Feb. 18, 2014

Stipulated Order Amending Discovery Plan for Claims Against Official - Capacity Defendants, ( Discovery due by 7/7/2014) Signed by District Judge Avern Cohn. (SCha) (Entered: 02/18/2014)

RECAP
62 Feb. 18, 2014

Stipulated Privacy Act Protective Order Signed by District Judge Avern Cohn. (SCha) (Entered: 02/18/2014)

RECAP
63 April 8, 2014

NOTICE of Appearance by Joseph C. Folio, III on behalf of David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Folio, Joseph) (Entered: 04/08/2014)

RECAP
64 May 2, 2014

MOTION AMEND DISCOVERY PLAN FOR CLAIMS AGAINST OFFICIAL-CAPACITY DEFENDANTS re 57 Discovery Plan - Rule 26f, 61 Stipulation and Order, Set Scheduling Order Deadlines by All Plaintiffs. (Masri, Lena) (Entered: 05/02/2014)

RECAP
65 May 16, 2014

RESPONSE to 64 MOTION AMEND DISCOVERY PLAN FOR CLAIMS AGAINST OFFICIAL-CAPACITY DEFENDANTS re 57 Discovery Plan - Rule 26f, 61 Stipulation and Order, Set Scheduling Order Deadlines filed by David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Attachments: # 1 Exhibit Email (Feb 1, 2014), # 2 Exhibit Email (Apr 7, 2014), # 3 Exhibit Email (May 1, 2014), # 4 Exhibit Email (Apr 1, 2014)) (Folio, Joseph) (Entered: 05/16/2014)

1 Exhibit Email (Feb 1, 2014)

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2 Exhibit Email (Apr 7, 2014)

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3 Exhibit Email (May 1, 2014)

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4 Exhibit Email (Apr 1, 2014)

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RECAP
May 19, 2014

TEXT−ONLY ORDER Granting re 67 MOTION for Withdrawal of Attorney Munia Jabbar filed by Ali Suleiman Ali, Abdulrahman Cherri, Kheireddine Bouzid, Wissam Charafeddine. Signed by District Judge Avern Cohn. (SCha) (Entered: 05/19/2014)

PACER
66 May 19, 2014

NOTICE OF HEARING on 64 MOTION AMEND DISCOVERY PLAN FOR CLAIMS AGAINST OFFICIAL-CAPACITY DEFENDANTS re 57 Discovery Plan - Rule 26f, 61 Stipulation and Order, Set Scheduling Order Deadlines . Motion Hearing set for 6/25/2014 02:00 PM before District Judge Avern Cohn (SCha) (Entered: 05/19/2014)

RECAP
67 May 19, 2014

MOTION for Withdrawal of Attorney Munia Jabbar by All Plaintiffs. (Jabbar, Munia) (Entered: 05/19/2014)

RECAP
May 19, 2014

TEXT-ONLY ORDER Granting re 67 MOTION for Withdrawal of Attorney Munia Jabbar filed by Ali Suleiman Ali, Abdulrahman Cherri, Kheireddine Bouzid, Wissam Charafeddine. Signed by District Judge Avern Cohn. (SCha)

68 May 21, 2014

NOTICE of Appearance by Susan K. Ullman on behalf of David V Aguilar, Robert S Mueller, III, Janet Napolitano. (Ullman, Susan) (Entered: 05/21/2014)

RECAP
69 May 23, 2014

Stipulated Order Extending Time to Respond to re 65 Response to Motion Plaintiffs Motion to Amend Discovery Plan :( Reply due by 5/30/2014) Signed by District Judge Avern Cohn. (SCha) (Entered: 05/23/2014)

RECAP
70 May 27, 2014

Notice of E-mail Delivery Failure as to attorney Jonathan G. Cooper. Bounced NEF for 65 Response to Motion,. (SSch) (Entered: 05/27/2014)

RECAP
71 May 27, 2014

Notice of E-mail Delivery Failure as to attorney Jonathan G. Cooper. Bounced NEF for Text-Only Order, 67 MOTION for Withdrawal of Attorney Munia Jabbar, 66 Notice of Hearing on Motion,. (SSch) (Entered: 05/27/2014)

RECAP
72 May 27, 2014

Notice of E-mail Delivery Failure as to attorney Jonathan G. Cooper. Bounced NEF for 68 Notice of Appearance. (SSch) (Entered: 05/27/2014)

RECAP

Case Details

State / Territory:

Michigan

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 13, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Muslim Americans living in Eastern Michigan who have been subjected to questioning about their religious beliefs at the U.S.-Canada border

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Council on American-Islamic Relations (CAIR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Homeland Security

Federal Bureau of Investigation

Transportation Security Administration

U.S. Border Patrol

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Constitutional Clause(s):

Equal Protection

Free Exercise Clause

Unreasonable search and seizure

Other Dockets:

Eastern District of Michigan 2:12-cv-11656

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Search policies

Terrorism/Post 9-11 issues

Discrimination Basis:

Religion discrimination

Affected National Origin/Ethnicity(s):

Arab/Afgani/Middle Eastern

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Recommended Citation