U.S. District Court District of South Carolina (Charleston) CIVIL DOCKET FOR CASE #: 2:07-cv-00410-HFF-RSC Lebron et al v. Rumsfeld et al Assigned to: Honorable Henry F. Floyd Referred to: Magistrate Judge Robert S Carr related Case: 2:04-cv-02221-HFF-RSC Cause: 28:1331 Federal Question: Bivens Act Date Filed: 02/09/2007 Jury Demand: Plaintiff Nature of Suit: 360 P.I.: Other Jurisdiction: U.S. Government Defendant Plaintiff Estela Lebron for herself and as Mother and Next Friend of Jose Padilla represented by Jonathan Marc Freiman National Litigation Project 127 Wall Street New Haven, CT 06570 203-498-4584 Email: jonathan.freiman@yale.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael P O'Connell Stirling O'Connell and Pennington PO Box 882 Charleston, SC 29402 843-577-9890 Fax: 843-577-9826 Email: moconnell@stirlingoconnell.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Hope R Metcalf Yale Law School Allard K Lowenstein Human Rights Litigation Project PO Box 208215 New Haven, CT 06520 203-432-9404 Email: hope.metcalf@yale.edu ATTORNEY TO BE NOTICED Jennifer S Martinez Stanford Law School 559 Nathan Abbott Way Stanford, CA 94305 650-725-2749 Email: jmartinez@law.stanford.edu ATTORNEY TO BE NOTICED Plaintiff Jose Padilla represented by Jonathan Marc Freiman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael P O'Connell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant Donald H Rumsfeld represented by Barbara Murcier Bowens US Attorneys Office 1441 Main Street Suite 500 Columbia, SC 29201 803-929-3000 Fax: 803-252-2759 Email: barbara.bowens@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED William Scott Simpson US Department of Justice (FPB) Federal Programs Branch PO Box 883 Washington, DC 20044 202-514-3495 Email: scott.simpson@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant John Ashcroft represented by Barbara Murcier Bowens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Scott Simpson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Secretary of Defense Robert M Gates represented by Barbara Murcier Bowens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Scott Simpson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Commander C T Hanft Commander Consolidated Naval Brig represented by Barbara Murcier Bowens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Scott Simpson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Commander M A Marr Commander Consolidated Naval Brig represented by Barbara Murcier Bowens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Scott Simpson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Vice Admiral Lowell E Jacoby Director Defense Intelligence Agency represented by Barbara Murcier Bowens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Scott Simpson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Michael H Mobbs Special Advisor to Undersecretary of Defense for Policy represented by Barbara Murcier Bowens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Scott Simpson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant John Does 1-50 in their individual capacities Defendant Paul Wolfowitz Former Deputy Secretary of Defense represented by Barbara Murcier Bowens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Scott Simpson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Senior Chief Keen Consolidated Naval Brig represented by Barbara Murcier Bowens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Dr. Craig Noble represented by Barbara Murcier Bowens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William Scott Simpson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED All Defendants Dr. Craig Noble represented by William Scott Simpson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 02/09/2007 1 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 893680.), filed by Estela Lebron, Jose Padilla.(alew, ) (Entered: 02/12/2007) 02/14/2007 3 MOTION for Extension of Time to file Local Rule 26.01 Interrogatories by Estela Lebron, Jose Padilla.Response to Motion due by 3/5/2007 No proposed order(alew, ) (Entered: 02/14/2007) 02/14/2007 4 ORDER granting 3 Motion for Extension of Time to file Local Rule 26.01 Interrogatories. Interrogatories due on or before 2/19/07. Signed by Judge Henry F Floyd on 2/14/2007.(alew, ) (Entered: 02/14/2007) 02/19/2007 5 Local Rule 26.01 Answers to Interrogatories by Estela Lebron.(O'Connell, Michael) Modified text on 2/20/2007 (alew, ). (Entered: 02/19/2007) 05/07/2007 6 AMENDED COMPLAINT against all defendants, filed by Estela Lebron. (O'Connell, Michael) (Entered: 05/07/2007) 05/31/2007 8 Summons Issued(Restricted Access) as to C T Hanft, M A Marr, Lowell E Jacoby, Michael H Mobbs, John Does 1-50, Paul Wolfowitz, Senior Chief Keen, Estela Lebron, Donald H Rumsfeld, John Ashcroft, Robert M Gates, U.S. Attorney and U.S. Attorney General (jwol, ) (Entered: 05/31/2007) 06/08/2007 9 First MOTION for Extension of Time by Estela Lebron and Jose Padilla. Response to Motion due by 6/28/2007 (Attachments: # 1 # 2 Affidavit)No proposed order(O'Connell, Michael) Modified on 6/13/2007 (alew, ). (Entered: 06/08/2007) 06/11/2007 12 SUMMONS Returned Executed by Estela Lebron. M A Marr served on 6/6/2007, answer due 6/26/2007. (O'Connell, Michael) (Entered: 06/11/2007) 06/11/2007 13 SUMMONS Returned Executed by Estela Lebron. Michael H Mobbs served on 6/5/2007, answer due 6/25/2007. (O'Connell, Michael) (Entered: 06/11/2007) 06/11/2007 14 SUMMONS Returned Executed by Estela Lebron. Paul Wolfowitz served on 6/4/2007, answer due 6/25/2007. (O'Connell, Michael) (Entered: 06/11/2007) 06/11/2007 15 SUMMONS Returned Executed by Estela Lebron. Lowell E Jacoby served on 6/5/2007, answer due 6/25/2007. (O'Connell, Michael) (Entered: 06/11/2007) 06/11/2007 16 SUMMONS Returned Executed by Estela Lebron. Donald H Rumsfeld served on 6/5/2007, answer due 6/25/2007. (O'Connell, Michael) (Entered: 06/11/2007) 06/11/2007 17 SUMMONS Returned Executed by Estela Lebron. Craig Noble served on 6/5/2007, answer due 6/25/2007 (O'Connell, Michael) Modified text on 6/13/2007 (alew, ). (Entered: 06/11/2007) 06/11/2007 18 SUMMONS Returned Executed by Estela Lebron. C T Hanft served on 6/5/2007, answer due 6/25/2007. (O'Connell, Michael) (Entered: 06/11/2007) 06/11/2007 19 SUMMONS Returned Executed by Estela Lebron. John Ashcroft served on 6/4/2007, answer due 6/25/2007. (O'Connell, Michael) (Entered: 06/11/2007) 06/13/2007 ENTRY DELETED, documents 10,11 and 20. The plaintiff filed these documents in multiples. (alew, ) (Entered: 06/13/2007) 06/13/2007 DOCKET ANNOTATION - NO Correction by attorney required. The Clerk has added Jose Padilla as a filer of the motion for extension of tiime, document #9. In the future when filing a joint document, choose all pertinent filers. (alew, ) (Entered: 06/13/2007) 06/26/2007 21 MOTION to Appear Pro Hac Vice by Jonathan Freiman ( Filing fee $ 250 receipt number 1065843) by Estela Lebron.Response to Motion due by 7/16/2007 (Attachments: # 1 required attachments for pro hace vice admission)No proposed order(O'Connell, Michael) Additional attachment(s) added on 6/27/2007 (ssan, ). Modified on 6/27/2007 to replace original documents with corrected ones (ssan, ). (Entered: 06/26/2007) 06/27/2007 22 Deficiency Memo: Document 21, Motion to Appear Pro Hac Vice; See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 6/28/2007. (ssan, ) (Entered: 06/27/2007) 06/27/2007 23 DOCKET ANNOTATION - NO Correction by attorney required. Documents associated with Motion to Appear Pro Hac Vice 21 have been replaced with corrected documents per Deficiency memo. (ssan, ) (Entered: 06/27/2007) 06/27/2007 24 TEXT ORDER granting 21Motion to Appear Pro Hac Vice for Jonathan M Frieman. Signed by Judge Henry F. Floyd on 6/27/2007.(ssan, ) Modified on 6/27/2007 to edit docket text(ssan, ). (Entered: 06/27/2007) 06/28/2007 30 AFFIDAVIT in Support re 9 First MOTION for Extension of Time. (Attachments: # 1 Affidavit Supplemental Affidavit of Hope Metcalf)(O'Connell, Michael) Modified filing date on 6/29/2007 (alew, ). (Entered: 06/29/2007) 06/29/2007 27 ORDER granting 9 Motion for Extension of Time to serve Defendant Gates. Deadline is extended to 7/14/2007. Signed by Judge Henry F. Floyd on 6/29/2007.(ssan, ) (Entered: 06/29/2007) 06/29/2007 28 Deficiency Memo document #26, Affidavit in Support. See attached Deficiency Memo for correction instructions. Any response due is based on the filing date of the original document. Docket Correction due 7/2/2007. (alew, ) (Entered: 06/29/2007) 06/29/2007 31 ENTRY DELETED re 28 Deficiency Memo Corrected Filing Document Number: document #30 Modified filing date to that of original filing: 6/28/2007 (alew, ) (Entered: 06/29/2007) 07/17/2007 32 SUMMONS Returned Executed by Estela Lebron, Jose Padilla. Robert M Gates served on 7/3/2007, answer due 7/31/2007. (Attachments: # 1 Affidavit of service on Robert M. Gates)(O'Connell, Michael) Modified text on 7/17/2007 (alew, ). Modified by adding plaintiff as filer on 7/17/2007 (alew, ). (Entered: 07/17/2007) 07/30/2007 33 Joint MOTION for Extension of Time and for Consolidated Response Date and Briefing Schedule by C T Hanft, M A Marr, Lowell E Jacoby, Michael H Mobbs, Paul Wolfowitz, Craig Noble, Donald H Rumsfeld, John Ashcroft, Robert M Gates.Response to Motion due by 8/17/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Simpson, William) (Entered: 07/30/2007) 07/31/2007 34 MOTION to Appear Pro Hac Vice by Jenny S. Martinez ( Filing fee $ 250 receipt number 1111019) by Estela Lebron.Response to Motion due by 8/20/2007 (Attachments: # 1 pro hac vice application for Jenny s. Martinez) Proposed order is being emailed to chambers with copy to opposing counsel(O'Connell, Michael) Additional attachment(s) added on 8/1/2007 (alew, ). (Entered: 07/31/2007) 07/31/2007 35 Deficiency Memo document #34, Motion to Appear Pro Hac Vice. See attached Deficiency Memo for correction instructions. Any response due is based on the filing date of the original document. Docket Correction due 8/1/2007. (alew, ) (Entered: 07/31/2007) 07/31/2007 36 ORDER granting 33 Motion for Extension of Time. Refer to order for deadlines. Signed by Judge Henry F. Floyd on 7/31/2007.(alew, ) (Entered: 07/31/2007) 08/01/2007 38 DOCKET ANNOTATION - NO Correction by attorney required. All parties please note: the Clerk has substituted the image of the motion for pro hac vice, document #34 for correction purposes. (alew, ) (Entered: 08/01/2007) 08/01/2007 40 ORDER REFERRING CASE to Magistrate Judge Robert S Carr. Signed by Judge Henry F. Floyd on 8/1/2007. (alew, ) (Entered: 08/01/2007) 08/28/2007 42 ORDER granting 34Motion to Appear Pro Hac Vice as to Jennifer S. Martinez for Estela Lebron. Signed by Judge Henry F. Floyd on 8/28/2007.(alew, ) (Entered: 08/28/2007) 09/06/2007 43 SUMMONS Returned Executed by Estela Lebron. Senior Chief Keen served on 8/28/2007, answer due 10/28/2007. (O'Connell, Michael) Modified answer due date on 9/7/2007. (ssan, ). (Entered: 09/06/2007) 09/09/2007 45 MOTION to Appear Pro Hac Vice by Hope R. Metcalf ( Filing fee $ 250 receipt number 1160878) by Estela Lebron.Response to Motion due by 9/27/2007 (Attachments: # 1 Application for pro hac vice admission)Proposed order is being emailed to chambers with copy to opposing counsel(O'Connell, Michael) (Entered: 09/09/2007) 09/10/2007 46 DOCKET ANNOTATION - NO Correction by attorney required. Attention attorney Michael O'Connell: the motion for pro hac vice is scanned. Per ECF filing requirements, all main documents must be created PDFs. The Clerk will leave this document as is but in the future, make sure that the main document is a created PDF. (alew, ) (Entered: 09/10/2007) 09/10/2007 47 ORDER granting45Motion to Appear Pro Hac Vice as to Hope Metcalf. Signed by Judge Henry F. Floyd on 9/10/2007.(alew, ) (Entered: 09/10/2007) 10/10/2007 49 MOTION to Appear Pro Hac Vice by Glenn S. Greene by C T Hanft, M A Marr, Lowell E Jacoby, Michael H Mobbs, Paul Wolfowitz, Senior Chief Keen, Craig Noble, Donald H Rumsfeld, John Ashcroft, Robert M Gates.Response to Motion due by 10/29/2007 (Attachments: # 1 Application and Certificate of Good Standing)No proposed order(Bowens, Barbara) (Entered: 10/10/2007) 10/10/2007 50 MOTION for Leave to File Excess Pages by C T Hanft, M A Marr, Lowell E Jacoby, Michael H Mobbs, Paul Wolfowitz, Senior Chief Keen, Craig Noble, Donald H Rumsfeld, John Ashcroft, Robert M Gates.Response to Motion due by 10/29/2007 Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Robert S Carr.(Bowens, Barbara) (Entered: 10/10/2007) 10/11/2007 51 RESPONSE in Support re 50 MOTION for Leave to File Excess Pages Response filed by Estela Lebron. (O'Connell, Michael) (Entered: 10/11/2007) 10/11/2007 52 ORDER granting 50 Motion for Leave to File Excess Pages. Signed by Judge Robert S Carr on 10/11/07. (rpol, ) (Entered: 10/11/2007) { PACER - 2007.10.14 21:04:49 - CBG }