Web PACER (v2.4) Docket as of April 17, 2003 6:11 pm Page 1 Proceedings include all events. APPEAL 2:02cv439 Hamdi, et al v. Rumsfeld, et al APPEAL U.S. District Court Eastern District of Virginia (Norfolk) CIVIL DOCKET FOR CASE #: 02-CV-439 Hamdi, et al v. Rumsfeld, et al Filed: 06/11/02 Assigned to: Judge Robert G. Doumar Referred to: Magistrate Judge James E. Bradberry Demand: $0,000 Nature of Suit: 530 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal) YASER ESAM HAMDI Larry W. Shelton petitioner [COR LD NTC] Office of the Federal Public Defender 150 Boush St Suite 403 Norfolk, VA 23510 (757) 457-0800 Frank W. Dunham, Jr. [COR LD NTC] Office of the Public Defender One Capital Square 830 East Main Street Suite 1100 Richmond, VA 23219 (804) 343-0800 Yaser Esam Hamdi [NTC] [PRO SE] Norfolk Naval Brig 825 Ingersoll Street Norfolk, VA 23511-2699 ESAM FOUAD HAMDI, As Next Esam Fouad Hamdi Friend of Yaser Esam Hamdi [NTC] [PRO SE] petitioner P.O. Box 240 Jubail, Saudi Arabia, 31951 v. DONALD H. RUMSFELD Lawrence Richard Leonard respondent [COR LD NTC] Office of United States Docket as of April 17, 2003 6:11 pm Page 2 Proceedings include all events. APPEAL 2:02cv439 Hamdi, et al v. Rumsfeld, et al Attorney 101 West Main Street Suite 8000 Norfolk, VA 23510 (757) 441-6331 Gregory George Garre [COR LD NTC] U.S. Department of Justice Office of the Solicitor General 950 Pennsylvania Ave., NW Washington, DC 20530 ***N/A*** (202) 514-2201 COMMANDER W.R. PAULETTE Lawrence Richard Leonard respondent (See above) [COR LD NTC] Gregory George Garre (See above) [COR LD NTC] ------------------------- FRIENDS OF IMMIGRATION LAW ENFORCEMENT movant Docket as of April 17, 2003 6:11 pm Page 3 Proceedings include all events. APPEAL 2:02cv439 Hamdi, et al v. Rumsfeld, et al 6/11/02 1 PETITION for writ of habeas corpus; FILING FEE $5.00; RECEIPT #34655 (vwar) 6/11/02 -- CASE REFERRED to Magistrate Judge James E. Bradberry (vwar) 6/11/02 2 ORDER that the petition be filed; further ordering that this case and case 2:02cv348 and 2:02cv382 be consolidated; ordering that this case be consolidated with those cases subject to the USCA for the 4th Circuit allowing such consolidation; ordering that the federal public defender's office and/or Frank Dunham and/or Larry Shelton be appointed counsel for the petitioner; ordering that the respondents answer this order to show cause by 12:00 noon on 6/17/02; ordering that the respondents allow either Frank Dunham or Larry Shelton the opportunity to meet with Yaser Esam Hamdi within 72 hours of the entry of this order or immediately following the elimination of the any stay of this order, an interpreter with the appropriate government security clearance will be allowed to attend the meeting; ordering that this order is stayed until 5:00 p.m. on Friday, 6/14/02 to allow the respondents an opportunity to appeal this order or if the USCA allows a consolidation with the other pending cases until further order of the Court of Appeals, entered and filed 6/11/02 ( signed by Judge Robert G. Doumar ) Copies Mailed: 6/11/02 [EOD Date: 6/11/02] (vwar) 6/12/02 3 U.S. Marshals return of service, Returned Executed as to Donald H. Rumsfeld, Commander W.R. Paulette 6/12/02 Answer due on 8/12/02 for Commander W.R. Paulette, for Donald H. Rumsfeld (jcow) 6/12/02 4 ORDER that the petition be served upon the respondents and the US Attorney, directing the clerk to forward copies of both the petition and this order by fax and US mail to all counsel of record in the consolidated action, to Gregory Garre of the US Department of Justice, to the US Court of Appeals for the Fourth Circuit and to Yaser Esam Hamdi, further directing the clerk to forward a copy of both the petition and this order to the US Marshal for service of both upon the respondents and the US Attorney; directing the US Marshal's office to serve both the petition and this order upon the respondents and the US Attorney, entered and filed 6/12/02 ( signed by Judge Robert G. Doumar ) Copies Mailed: 6/12/02 [EOD Date: 6/12/02] (jcow) 6/13/02 5 NOTICE OF APPEAL by Donald H. Rumsfeld, Commander W.R. Paulette (jcow) 6/13/02 -- Copy of Notice of Appeal, Order and docket sheet to USCA: copy of notice of appeal to respondent/appellant re: [5-1] appeal by Commander W.R. Paulette, Donald H. Rumsfeld; copy of notice of appeal to counsel of record (jcow) Docket as of April 17, 2003 6:11 pm Page 4 Proceedings include all events. APPEAL 2:02cv439 Hamdi, et al v. Rumsfeld, et al 6/13/02 6 Copy of USCA Order Granting the emergency motion for temporary stay and staying the district court's order of 6/11/02, pending this Court's ruling on appellants' motion for a stay pending appeal of that order; directing appellees to file a response to the motion for stay pending appeal to be received by the clerk no later than 2:00pm on 6/14/02. (jcow) 6/17/02 7 Copy of USCA Order Granting a stay of the district court's June 11 order in this case, the Court further stays all proceedings before the district court in connection with this detainee until resolution of this appeal and appeal No. 02-6827; all stays shall remain in effect pending further order of this Court; directing the parties to file briefs on the merits of the appeal. (jcow) 6/18/02 8 U.S. Marshal Service Process form Returned Executed as to Donald H. Rumsfeld, Commander W.R. Paulette 6/13/02 (jcow) 6/19/02 -- USCA Case Number Re: [5-1] appeal by Commander W.R. Paulette, Donald H. Rumsfeld CASE MANAGER: Lisa Jernigan USCA NUMBER: 02-6895 (jcow) 6/20/02 9 Copy of USCA Order directing tht oral argument in appeal No. 02-6895 be scheduled for 6/25/02 at 2:30 (jcow) [Entry date 06/21/02] 6/21/02 10 Two U.S. Marshals Service process receipt and return forms Returned Executed as to Donald H. Rumsfeld 6/12/02 (jcow) 6/27/02 11 SUMMONS Returned Executed as to Donald H. Rumsfeld 6/19/02 (jcow) 7/15/02 12 Advanced copy of Opinion of USCA re: [5-1] appeal by Commander W.R. Paulette, Donald H. Rumsfeld - REVERSED AND REMANDED by published opinion (lbax) [Entry date 07/16/02] [Edit date 07/17/02] 7/18/02 13 TRANSCRIPT OF PROCEEDINGS for dates of 7/18/02, before USDJ Robert G. Doumar, OCR - Penny C. Wile (vwar) 7/18/02 14 Court Proceedings: RGD, USDJ. Counsel appeared. Came on for scheduling conference. Govt. to answer petition on or before 12:00 p.m., 7/25/02; replies due on or before 12:00 p.m., 7/30/02. Govt. to file any motion to terminate appointment of counsel on or before 12:00 p.m., 7/23/02; replies due on or before 7/24/02. Rule 26 disclosures due on or before 12:00 p.m., 7/22/02. (bwin) 7/19/02 15 Advanced copy of Opinion of USCA re: [5-1] appeal by Commander W.R. Paulette, Donald H. Rumsfeld 7/12/02 (jcow) 7/22/02 16 Respondents' Rule 26 Statement filed by Donald H. Rumsfeld, Commander W.R. Paulette (jcow) Docket as of April 17, 2003 6:11 pm Page 5 Proceedings include all events. APPEAL 2:02cv439 Hamdi, et al v. Rumsfeld, et al 7/22/02 17 ORDER that the US Attorney either submit the disclosures required by Rule 26 or make a proper motion for relief by 7/24/02 at noon, entered and filed 7/22/02 ( signed by Judge Robert G. Doumar ) Copies Mailed: 7/22/02 [EOD Date: 7/23/02] (jcow) [Entry date 07/23/02] 7/23/02 18 Response by Yaser Esam Hamdi to respondents' refusal to file Rule 26 disclosures filed [16-1] by Commander W.R. Paulette, Donald H. Rumsfeld (jcow) 7/23/02 19 MOTION by Commander W.R. Paulette, Donald H. Rumsfeld to terminate appointment of counsel or in the alternative to require counsel to show cause why the financial eligibility requirements of 18 U.S.C. 3006A are met (jcow) 7/23/02 20 MEMORANDUM in support of [19-1] motion to terminate appointment of counsel or in the alternative to require counsel to show cause why the financial eligibility requirements of 18 U.S.C. 3006A are met by Commander W.R. Paulette, Donald H. Rumsfeld, received (jcow) 7/24/02 21 RESPONSE by Yaser Esam Hamdi, Esam Fouad Hamdi to [19-1] motion to terminate appointment of counsel by Commander W.R. Paulette, Donald H. Rumsfeld (jcow) 7/24/02 22 MOTION by Commander W.R. Paulette, Donald H. Rumsfeld for relief from this court's order dated July 18, 2002 requiring the government to file Federal Rule of Civil Procedure 26(a)(1) initial disclosures (jcow) 7/24/02 23 MEMORANDUM in support of [22-1] motion by Commander W.R. Paulette, Donald H. Rumsfeld for relief from this court's order dated July 18, 2002 requiring the government to file Federal Rule of Civil Procedure 26(a)(1) initial disclosures, received (jcow) 7/24/02 24 TRANSCRIPT of telephonic conference for date of 7/24/02 before U.S. District Judge Robert G. Doumar, Penny Wile, OCR (jcow) [Entry date 07/25/02] 7/25/02 25 ANSWER to Complaint by Donald H. Rumsfeld, Commander W.R. Paulette (jcow) 7/25/02 25 MOTION with Memorandum in Support by Commander W.R. Paulette, Donald H. Rumsfeld to Dismiss (jcow) 7/25/02 26 MOTION by Commander W.R. Paulette, Donald H. Rumsfeld for Gregory George Garre to appear pro hac vice (jcow) 7/26/02 27 RESPONSE by Yaser Esam Hamdi, Esam Fouad Hamdi to [22-1] motion for relief from this court's July 18, 2002 order by Commander W.R. Paulette, Donald H. Rumsfeld (jcow) Docket as of April 17, 2003 6:11 pm Page 6 Proceedings include all events. APPEAL 2:02cv439 Hamdi, et al v. Rumsfeld, et al 7/26/02 28 REPLY by Donald H. Rumsfeld, Commander W.R. Paulette to response to [19-1] motion by Commander W.R. Paulette, Donald H. Rumsfeld by Commander W.R. Paulette, Donald H. Rumsfeld (jcow) 7/29/02 -- So Ordered: granting [26-1] motion by Commander W.R. Paulette, Donald H. Rumsfeld for Gregory George Garre to appear pro hac vice, fee waiver granted, entered and filed 7/29/02 ( signed by Judge Robert G. Doumar ) Copies Mailed: 7/29/02 (jcow) 7/30/02 29 RESPONSE by Yaser Esam Hamdi, Esam Fouad Hamdi to [25-1] motion to Dismiss by Commander W.R. Paulette, Donald H. Rumsfeld (jcow) 7/31/02 30 ORDER setting a hearing to hear argument on materials submitted, set Hearing Deadline for 2:00 8/8/02, further ordering the government to produce certain materials (see order for specifics) by noon on 8/6/02, entered and filed 7/31/02 ( signed by Judge Robert G. Doumar ) Copies Mailed: and faxed 7/31/02 [EOD Date: 7/31/02] (jcow) 8/1/02 31 Notice of supplemental authority filed by petitioner Yaser Esam Hamdi, petitioner Esam Fouad Hamdi (jcow) 8/5/02 32 MOTION by Commander W.R. Paulette, Donald H. Rumsfeld for relief from this court's production order of July 31, 2002 (jcow) [Entry date 08/06/02] 8/5/02 33 MEMORANDUM in support of [32-1] motion for relief from this court's production order of July 31, 2002 by Commander W.R. Paulette, Donald Rumsfeld, received (jcow) [Entry date 08/06/02] 8/7/02 34 ORDER that the hearing scheduled for 8/8/02 at 2:00pm is cancelled and suspending all proceedings in this case until the Court of Appeals has acted on the motion of the petitioner for relief from the stay, entered and filed 8/7/02 ( signed by Judge Robert G. Doumar ) Copies Mailed: and faxed 8/7/02 [EOD Date: 8/7/02] (jcow) 8/8/02 35 Copy of USCA Order Dissolving the stay in order that the district court may proceed in strict compliance with our July 12, 2002 decision which directed the court to consider the most cautious procedures first, conscious of the prospect that the least drastic procedures may promptly resolve Hamdi's case and make more intrusive measures unnecessary; in accordance with the principles set forth in Hamdi v. Rumsfeld 2002 WL 1483908 (4th Cir. July 12, 2002 the district court shall consider the sufficiency of the Mobbs declaration as an independent matter before proceeding further, entered at the direction of Chief Judge Wilkinson with the concurrence of Judge Wilkins and Judge Traxler (jcow) Docket as of April 17, 2003 6:11 pm Page 7 Proceedings include all events. APPEAL 2:02cv439 Hamdi, et al v. Rumsfeld, et al 8/9/02 36 Opinion of USCA re: [5-1] appeal by Commander W.R. Paulette, Donald H. Rumsfeld 7/12/02 (jcow) 8/9/02 37 JUDGMENT OF USCA Reversing the District Court's June 11 order mandating access to counsel, REMANDING to the District Court for further proceedings consistent with the Court's opinion (certified copy) Re: [5-1] appeal, filed. (jcow) 8/9/02 38 ORDER setting this matter for a hearing on 8/13/02, at 11:00 a.m., for argument on the sufficiency of the Mobbs declaration, entered and filed 8/9/02 ( signed by Judge Robert G. Doumar ) Copies Mailed: 8/9/02 [EOD Date: 8/9/02] (vwar) 8/9/02 -- Hearing Deadline set at 11:00, on 8/13/02 before Judge Robert G. Doumar (vwar) 8/12/02 39 ORDER directing counsel to file an additional copy of pleadings, which are not in camera or under seal which copy the Clerk shall provide to the Court's contract copy service for access to the media and the public at the usual fee, the copy service telephone number is 757-533-9126, entered and filed 8/12/02 ( signed by Judge Robert G. ) Copies Mailed: 8/12/02 [EOD Date: 8/12/02] (vwar) [Edit date 08/12/02] 8/12/02 40 NOTICE of Supplemental Materials by Donald H. Rumsfeld, Commander W.R. Paulette (vwar) 8/13/02 41 Court Proceedings: RGD, USDJ. Penny Wile, OCR. Counsel appeared. Came on for hearing on the sufficiency of the Mobbs declaration. Arguments heard. Court takes matter under advisement. (bwin) 8/14/02 42 TRANSCRIPT OF PROCEEDINGS for dates of 8/13/02, before USDJ Doumar, Penny C. Wile, OCR (vwar) 8/16/02 43 ORDER denying [32-1] motion by Commander W.R. Paulette, Donald H. Rumsfeld for relief from this court's production order of July 31, 2002; directing the respondents to submit to the court the materials previously requested in the 7/31/02 order, together with the screening criteria utilized to determine the status of Hamdi with the names and addresses of the persons who made the determination; such sealed documents to be produced by 4:30 p, on 8/21/02 for the Judge's in camera review, entered and filed 8/16/02, ( signed by Judge Robert G. Doumar) Copies Mailed: 8/16/02 [EOD Date: 8/16/02] (ariv) 8/19/02 44 MOTION by Commander W.R. Paulette, Donald H. Rumsfeld for certification of interlocutory appeal and for stay (jcow) [Entry date 08/20/02] Docket as of April 17, 2003 6:11 pm Page 8 Proceedings include all events. APPEAL 2:02cv439 Hamdi, et al v. Rumsfeld, et al 8/20/02 45 Chambers Proceedings (Conference Call): RGD, USDJ. Penny Wile, OCR. Participants: Larry W. Shelton, Lawrence R. Leonard and Gergory G. Garre. Respondents' motion to extend time to submit materials to the court granted. Materials to be submitted to Judge Doumar's Chambers, under seal, by 12:00 p.m., 8/26/02. Petitioner to reply to respondents' motion for interlocutory appeal by 10:00 a.m., 8/21/02. (bwin) 8/20/02 46 ORDER that the petitioners file their brief, set Brief deadline to 10:00 8/21/02, Ordering the respondents to produce the documents outlined in the 8/16/02 production order, set Respond Deadline 12:00 8/26/02, or at such time as the court directs after the court decides the respondents' motion for certification of interlocutory appeal, entered and filed 8/20/02 ( signed by Judge Robert G. Doumar ) Copies Mailed and faxed: 8/20/02 [EOD Date: 8/20/02] (jcow) 8/21/02 47 Response by Yaser Esam Hamdi, Esam Fouad Hamdi to [44-1] motion by Commander W.R. Paulette, Donald H. Rumsfeld for Certification of Interlocutory Appeal and for Stay, received. (vwar) 8/21/02 48 TRANSCRIPT of TELEPHONIC CONFERENCE for dates of 8/20/02; before USDJ Robert G. Doumar, Penny C. Wile, OCR (vwar) 8/21/02 49 ORDER certifying the question regarding the Mobbs Declaration, as outlined in the order, to the Fourth Circuit Court of Appeals and staying the deadline for compliance with its 8/16/02 production order until 5 days after the Court of Appeals for the Fourth Circuit either declines jurisdiction over the appeal or issues a ruling on the certified question, entered and filed 8/21/02 ( signed by Judge Robert G. Doumar ) Copies Mailed: 8/21/02 [EOD Date: 8/21/02] (vwar) 8/22/02 50 MOTION by Friends of Immigration to Intervene (vwar) 8/23/02 51 RESPONSE by Yaser Esam Hamdi, Esam Fouad Hamdi to [50-1] motion by Friends of Immigration to Intervene (ariv) [Entry date 08/26/02] 8/28/02 52 REPLY by Friends of Immigra. to response to [50-1] motion to Intervene, received. (vwar) 9/12/02 53 Copy of USCA Order granting respondents' petition for permission to appeal the district court's 8/16/02 order; respondents' opening brief is due 10/4/02, petitioners' answering brief is due by 10/18/02, respondents' reply brief is due 10/24/02 and oral argument is scheduled for 10/28/02 at 2:30 (jcow) Docket as of April 17, 2003 6:11 pm Page 9 Proceedings include all events. APPEAL 2:02cv439 Hamdi, et al v. Rumsfeld, et al 9/18/02 54 RESPONSE in Opposition by Donald H. Rumsfeld, Commander W.R. Paulette to [50-1] motion by Friends of Immigration Law Enforcement to Intervene (jcow) [Entry date 09/19/02] 10/3/02 55 Response by Friends of Immigration Law Enforcement to [54-1] motion response by Commander W.R. Paulette, Donald H. Rumsfeld (jcow) [Entry date 10/04/02] 1/9/03 56 Advanced copy of Opinion of USCA re: appeal filed in U.S. Court of Appeals, decided 1/8/03 (jcow) 1/14/03 57 Advanced copy of published Opinion of USCA re: 1/8/03 (jcow) 2/25/03 -- A timely petition for rehearing and for rehearing en banc has been filed (jcow) [Entry date 02/26/03] 3/25/03 -- Certified and transmitted Record on Appeal to U.S. Court of Appeals (jcow) [END OF DOCKET: 2:02cv439] # # #