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09-2030 - COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC., et al v. GAUBATZ et al


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09-2030 - COUNCIL ON AMERICAN-ISLAMIC RELATIONS ACTION NETWORK, INC., et al v. GAUBATZ et al
November 3, 2009
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MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on November 3, 2009. (lcckk2 )
June 24, 2011
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MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on June 24, 2011. (lcckk3)
September 17, 2012
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MEMORANDUM OPINION AND ORDER. For the reasons set forth herein, the CSP Defendants' 97 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Count One of the Second Amended Complaint (Federal and D.C. Wiretap Acts) is DISMISSED insofar as Plaintiffs seek to hold the CSP Defendants (or any other Defendant) liable (1) under a theory of secondary liability, with respect to both the Federal and D.C. Wiretap Acts and (2) under a theory of procurement liability, with respect to the Federal Wiretap Act only. Count Two of the Second Amended Complaint (Stored Communications Act) is DISMISSED (1) against the CSP Defendants (and any other Defendant) insofar as Plaintiffs rely on a theory of secondary liability and (2) against the CSP Defendants insofar as Plaintiffs rely on a theory of primary liability. The motion is otherwise DENIED. Plaintiffs' 112 Motion to Amend is GRANTED IN PART and DENIED IN PART. The motion is DENIED insofar as Plaintiffs seek to assert claims against either SANE or Yerushalmi (1) under the Federal Wiretap Act using a theory of procurement liability, (2) under the Federal or D.C. Wiretap Acts using a theory of secondary liability, and (3) under the Stored Communications Act using a theory of secondary liability. Plaintiffs' motion is otherwise GRANTED. The Clerk of the Court shall accept Plaintiffs' [112-1] Third Amended Complaint for filing. By no later than October 1, 2012, Plaintiffs shall effect service of the Summons and Third Amended Complaint on SANE and Yerushalmi and file proof of service with the Court. If Plaintiffs fail to effect service of process by the designated date, the Court will dismiss this action without prejudice against SANE and Yerushalmi. No extensions will be granted absent compelling circumstances. On November 5, 2012, at 9:00 a.m., a Status Hearing shall be held before Judge Colleen Kollar-Kotelly in Courtroom 28A of the United States Courthouse for the United States District Court for the District of Columbia at 333 Constitution Ave., N.W., Washington, D.C. 20001. As a result of the Court's prior decisions and today's decision, the following claims in the Third Amended Complaint are not viable: (1)Count One (Federal and D.C. Wiretap Acts), insofar as Plaintiffs: (a) seek relief under the Federal Wiretap Act against any Defendant under a theory of procurement liability; or (b) seek relief under either the Federal or D.C. Wiretap Acts against any Defendant under a theory of secondary liability;(2)Count Two (Stored Communications Act), insofar as Plaintiffs: (a) seek relief against any Defendant under a theory of secondary liability; or (b) seek relief against the CSP Defendants under a theory of primary liability; and(3)Count Three (Conversion) insofar as Plaintiffs seek relief against any Defendant for the conversion of electronic data. Signed by Judge Colleen Kollar-Kotelly on September 17, 2012. (lcckk3)
March 27, 2014
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MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on March 27, 2014. (lcckk1)
March 6, 2015
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MEMORANDUM AND OPINION. Signed by Judge Colleen Kollar-Kotelly on 3/6/2015. (lcckk2)
August 24, 2015
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MEMORANDUM OPINION and ORDER denying Defendants' 198 MOTION for Reconsideration re 172 Memorandum & Opinion, 171 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on 8/24/2015. (lcckk2)
December 17, 2015
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MEMORANDUM OPINION and ORDER denying Plaintiffs' 220 Motion to Reopen Discovery for Limited Purpose of Disclosing Expert Witnesses. Signed by Judge Colleen Kollar-Kotelly on 12/17/2015. (lcckk2)
March 26, 2018
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MEMORANDUM OPINION AND ORDER granting in part and denying in part the Gaubatz Defendants' 247 Motions in Limine. With regard to the seven Motions in Limine contained therein, Defendants' Motion in Limine No. 4 is GRANTED; Motions in Limine Nos. 2 and 7 are DENIED; Motion in Limine No. 1 is DENIED AS MOOT; and Motions in Limine Nos. 3, 5, and 6 are GRANTED IN PART and DENIED IN PART. Signed by Judge Colleen Kollar-Kotelly on 3/26/2018. (DM) Modified event title on 3/27/2018 (znmw).
March 29, 2018
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MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART CSP Defendants' 248 Motion in Limine; and DENYING WITHOUT PREJUDICE Plaintiffs' 249 Motions in Limine, pending supplemental briefing by the parties. Defendants' supplemental briefing is due by 4/30/2018. Plaintiffs' response to Defendants' supplemental briefing is due by 5/22/2018. See Memorandum Opinion and Order for complete details regarding this Court's rulings on the various motions in limine and detailed instructions regarding the supplemental briefing. Signed by Judge Colleen Kollar-Kotelly on 03/29/2018. (DM) Modified event title on 3/29/2018 (zdot).