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Docket sheet: February 20 2008 Bancoult, 370 F.Supp.2d 1 (December 21 2004), subsequently, 445 F.3d 427 (No. 05-5049, April 21 2006) (deportation/exile of the Chagos Islanders).


United States District Court for the District of Colombia (Washington DC): http://www.dcd.uscourts.gov/

United States District Court for the District of Columbia (Washington, D.C.)

Appeal, Jury, Type-E

Bancoult, et al. v. McNamara, et al.

Civil docket for case #: 01-cv-2629-RMU

Bancoult, et al v. McNamara, et al
Assigned to: Judge Ricardo M. Urbina
Date Filed: 07/24/03
Date Terminated: 12/21/2004
Demand: $10,046,000
Jury Demand: Both
Case in other court: U.S. Court of Appeals, 05-05049
Nature of Suit: 890 Other Statutory Actions
Cause: 28:1346 Tort Claim
Jurisdiction: U.S. Government Defendant
PartiesLawyers

 

PlaintiffRepresented by
 
Olivier Bancoult Michael Edward Tigar
Washington College of Law
4801 Massachusetts Avenue, NW
Washington, DC 20016
(202) 274-4088
Email: metigar|@|gmail.com
Lead attorney
Attorney to be noticed
 
Terese Mein
Terminated: 11/18/2003

Marie Isabelle France-Charlot, on their own behalf, and on behalf of all those similarly situated

Chagos Refugee Group, on its own behalf, and on behalf of its members

Chagossians Committee, on its own behalf, and on behalf of its members {formerly: Chagos Social Committee}

Jeanette Therese Alexis
Michael Edward Tigar
(See above for address)
Lead attorney
Attorney to be noticed

v.
 
DefendantRepresented by
 
Robert S. Mcnamara {Secretary of Defense, Jan. 21 1961-1968 Feb. 29} Richard Montague
U.S. Department of Justice
Civil Division
Ben Franklin Station
P.O. Box 7146
Washington, DC 20044
(202) 616-4158
Fax : 202-616-4314
Email: Rich.montague|@|usdoj.gov
Lead attorney
Attorney to be noticed
 
Donald H. Rumsfeld {Secretary of Defense, Nov. 20 1975-1977 Jan. 20 and Jan. 20 2001-present}

Thomas Moorer, Admiral {Chief of Naval Operations, Joint Chiefs of Staff: August 1 1967-1970 July 1; Chairman, Joint Chiefs of Staff: July 2 1970-1974 July 1}

Melvin R. Laird {Secretary of Defense, Jan. 22 1969-1973 Jan. 29}

James R. Schlesinger {Secretary of Defense, July 2 1973-1975 Nov. 19}

George T. Churchill {Director, Office of International Security Operations, Bureau of Political-Military Affairs, U.S. State Department, 1974-1977}

James L. Holloway III {Commander, Seventh Fleet, May 23 1972-1973 July 28; Chief of Naval Operations, Joint Chiefs of Staff: July 1 1974-1978 July 1}

Eric D. Newsom {Assistant Secretary of State for Political-Military Affairs, US State Department, Oct. 25 1998-2001 Jan. 20}
Richard Montague
(See above for address)
Lead attorney
Attorney to be noticed
 
United States of America Elaine Marzetta Lacy
U.S. Department of Justice
Torts Branch
1331 Pennsylvania Avenue, NW
Room 8096 North
Washington, DC 20004
(202) 616-4248
Fax : 202-616-5200
Lead attorney
Attorney to be noticed
 
Halliburton Corporation John David Taurman
Vinson & Elkins, L.L.P.
1455 Pennsylvania Avenue, NW
Suite 700
Washington, DC 20004-1008
(202) 639-6650
Fax : 202-639-6604
Email: jtaurman|@|velaw.com
Lead attorney
Attorney to be noticed

Michael R. Charness, I
Vinson & Elkins, L.L.P.
1455 Pennsylvania Avenue, NW
Washington, DC 20004-1008
(202) 639-6780
Email: mcharness|@|velaw.com
Attorney to be noticed
 
De Chazal Du Mee {sic: Mée} Cynthia T. Andreason
Wiley Rein & Fielding, LLP
1776 K Street, NW
Washington, DC 20006
(202) 719-7364
Lead attorney
Attorney to be noticed
 
XXX DEFENDANTS XXX
 
Brown & Root, Inc. John David Taurman
(See above for address)
Lead attorney
Attorney to be noticed
 

Docket

Date # Docket Entry
12/20/01 1 Complaint filed by plaintiffs Olivier Bancoult, Terese Mein, Marie Isabelle France-Charlot, Chagos Refugee Group, and Chagos Social Comm; jury demand (bm) [Entry date 12/21/01]
12/20/01 Summons (8) issued to federal party(s) federal defendants Robert S. Mcnamara, Donald H. Rumsfeld, Thomas Moorer, Melvin R. Laird, James R. Schlesinger, James L. Holloway III, USA, and non-parties: U.S. Attorney and U.S. Attorney General. (bm) [Entry date 12/21/01]
12/20/01 Summons (4) issued for defendants George T. Churchill, Eric D. Newsom, Halliburton Corp, and De Chazal Du Mee {sic: Mée} (bm) [Entry date 12/21/01]
2/13/02 2 Motion filed by defendant George T. Churchill, defendant Eric D. Newsom, federal defendant USA to extend time to 03/21/02 to answer complaint [1-1], and to establish schedule for briefing. (td) [Entry date 02/15/02]
2/14/02 3 Motion filed by plaintiff for preliminary injunction enjoining defendants USA and De Chazal Du Mee and their officers, employees, agents and any persons in active concert and participation with the defendants, pending trial on the merits and final order; attachments (6) (td) [Entry date 02/21/02]
{by CJHjr} Attachments-1,2,3,4,5:  4 affidavits, by Jacques Gervais Florian, Pierre Willy Jaffa, Louis Olivier Bancoult, Benoit Emilien (quoted in this document); and print-out of a webpage (quoted and linked in this document)}
{by CJHjr} Attachment-6:  ‘Declaration of international law scholars on forced relocation’ (Feb. 25 2000)}
2/20/02 4 Return of Service/Affidavit of summons and complaint executed on 1/10/02 upon federal defendant James R. Schlesinger (nmr) [Entry date 02/26/02]
2/20/02 5 Return of Service/Affidavit of summons and complaint executed on 1/25/02 upon federal defendant Melvin R. Laird (nmr) [Entry date 02/26/02]
2/20/02 7 Return of Service/Affidavit of summons and complaint executed upon U.S. Attorney on 12/20/01 (nmr) [Entry date 02/26/02]
2/20/02 8 Return of Service/Affidavit of summons and complaint executed on 1/11/02 upon defendant Eric D. Newsom (nmr) [Entry date 02/26/02]
2/20/02 9 Return of Service/Affidavit of summons and complaint executed upon U.S. Attorney General on 12/20/01 (nmr) [Entry date 02/26/02]
2/20/02 10 Waiver of Service of Summons by defendant George T. Churchill (nmr) [Entry date 02/26/02]
2/25/02 6 Return of Service/Affidavit of summons and complaint executed on 12/20/01 upon federal defendant Robert S. Mcnamara, federal defendant Donald H. Rumsfeld, federal defendant Thomas Moorer, defendant Halliburton Corp (nmr) [Entry date 02/26/02]
2/25/02 11 Response by federal defendant USA in opposition to motion for preliminary injunction [3-1]; attachments (3) (td) [Entry date 02/26/02]
3/4/02 12 Motion filed by plaintiffs for permission to supplement plaintiffs’ reply to defendant United States’ opposition to plaintiffs’ motion for preliminary injunction; attachments (7); exhibit-Reply (bm) [Entry date 03/07/02] [Edit date 03/07/02]
{by CJHjr} Attachment-1:  Memorandum dated July 25 1968 from Michael Stewart (UK Foreign Minister) to Harold Wilson (UK Prime Minister) (quoted in this document)}
{by CJHjr} Attachments-2-5:  print-out of 5 Webpages (linked in this document) and a photocopy of a magazine article (quoted in this document)}
{by CJHjr} Attachment-6:  34-page affidavit of plaintiff Olivier Bancoult (to be added here as a separate document)}
{by CJHjr} Attachment-7:  print-out of a map of the Chagos Archipelago (linked in this document)}
Note: Missing from the docket sheet, as a separate item, is “Plaintiffs’ Reply to Defendant United States’ Opposition to Plaintiffs’ Motion for Preliminary Injunction”. Because the Judge never granted the Plaintiffs’ Motion to submit additional evidence (12), the Clerk treats the Plaintiffs’ Reply Brief (legal argument which doubtless refers to these documents) as not part of the record in the case, even though the documents themselves are part of the record (weird), and even though the Judge quotes from the brief in his Memorandum Opinion (note 9), as do the defendants in their subsequent briefs. Not being part of the record in the case, the Reply Brief not available to the public; ie: it’s secret. Though the Clerk has her way of doing things in managing the legal record in the case, this secrecy from the public is an unwarranted consequence, and I’m hoping to get a photocopy of this brief, eventually.   CJHjr
3/7/02 13 Motion (Agreed) by Plaintiffs regarding time for Halliburton Corporation to answer, plead or otherwise respond to plaintiffs’ class action complaint (td) [Entry date 03/12/02]
3/15/02 17 Errata by federal defendant USA notice of filing of certified true copy of declaration of Michael C. Lucarelli and explanatory declaration of Michael D. Lawrence. (td) [Entry date 03/25/02] {This document is identical to docket-item 16, Exhibit-B (below)}
3/20/02 15 Motion  filed by plaintiffs Olivier Bancoult, Terese Mein, Marie Isabelle France-Charlot, Chagos Refugee Group, Chagos Comm to certify class action; attachment (1) (bm) [Entry date 03/25/02]
3/21/02 14 Motion filed by defendants Robert S. Mcnamara, Donald H. Rumsfeld, Thomas Moorer, Melvin R. Laird, James R. Schlesinger, T. Churchill, James L. Holloway III, Eric D. Newsom to dismiss complaint [1-1] (bm) [Entry date 03/25/02]
{by CJHjr} Exhibit-1:  Certification: Scope of Employment (U.S. Department of Justice, Acting Director, Torts Branch, Civil Division), that U.S. officials acted within the scope of their federal office or employment, when they exiled/banned the citizens of Chagos archipelago from their homeland (including Diego Garcia).
3/21/02 16 Motion filed by federal defendant USA to dismiss complaint [1-1]; attachments (4) bulky pleading (bm) [Entry date 03/25/02]
{by CJHjr} Exhibit-A:  ‘BIOT Immigration Ordinance, Nov. 3 2000
{by CJHjr} Exhibit-B:  ‘Declaration of Michael C. Lucarelli, Captain, United States Navy’ (Feb. 21 2002)}
{by CJHjr} Exhibit-B, Attachment:  US/UK BIOT agreements, supplements, and amendments (1966-1982)}
{by CJHjr} Exhibit-C:  Regina (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs and Another {225 kb}, [2001] Q.B. 1067 (Nov. 3 2000).}
{by CJHjr} Exhibit-D:  Congressional hearings: ‘Diego Garcia, 1975: The Debate over the Base and the Island's Former Inhabitants’ {575 kb}}
3/26/02 18 Motion  filed by federal defendants to defer ruling and additional briefing on class certification until after court has ruled on pending motions to dismiss (td) [Entry date 03/27/02]
3/27/02 19 Motion  filed by defendant De Chazal Du Mee to dismiss complaint [1-1] for lack of jurisdiction and ineffective service of process; exhibits (4) (jf) [Entry date 03/28/02]
3/27/02 20 Motion  filed by defendant Halliburton Corp to dismiss complaint [1-1], and for summary judgment under Rule 56; (bulky, exhibits (4)) (jf) [Entry date 03/28/02]
4/3/02 21 Memorandum (Affidavit of Jacques Pougnet) by defendants in support of motion to dismiss complaint [1-1] [20-1] by Halliburton Corp; exhibits (4) (bjsp) [Entry date 04/05/02]
4/5/02 22 Response  by plaintiffs in opposition to motion to defer ruling and additional briefing on class certification until after court has ruled on pending motions to dismiss [18-1] by federal defendants (td) [Entry date 04/08/02]
4/12/02 23 Motion  filed by plaintiff for leave to conduct immediate discovery, and to extend time to respond to defendant De Chazal Du Mee’s motion to dismiss plaintiffs’ complaint; attachments (6) (td) [Entry date 04/16/02] [Edit date 04/16/02]
{by CJHjr} Attachments-1,2,3,4,5,6:  Letter dated June 21 2000 from Eric Newsom (Assistant Secretary of State for Political-Military Affairs, US State Department) to Richard D. Wilkinson (Director for Americas, UK Foreign and Commonwealth Office); print-outs of several webpages (quoted or linked in this document); and a photocopy of a marketing brochure}
4/12/02 24 Reply  by federal defendants in support of joint motion to defer ruling and additional briefing on class certification until after court has ruled on pending motions to dismiss [18-1] (td) [Entry date 04/16/02]
4/16/02 25 Motion  filed by plaintiffs Olivier Bancoult, Terese Mein, Marie Isabelle France-Charlot, Chagos Refugee Group, and Chagos Social Comm to conduct discovery, and to extend time to respond to motion to dismiss and for summary judgment; attachments (16) bulky pleading (bm) [Entry date 04/17/02]
4/18/02 26 Motion  (unopposed) filed by plaintiff to defer conference of counsel between plaintffs and defendant Halliburton Corporation. (td) [Entry date 04/24/02]
4/18/02 27 Motion  (unopposed) filed by plaintiff to defer conference of counsel between plaintiffs and defendant De Chazal Du Mee & Cie. (td) [Entry date 04/24/02] [Edit date 04/24/02]
4/18/02 28 Motion  (unopposed) filed by plaintiff to defer conference of counsel between plaintiffs and individual federal defendants. (td) [Entry date 04/24/02]
4/18/02 29 Motion  (unoppsed) filed by plaintiff to defer conference of counsel between plaintiffs and defendant United States of America. (td) [Entry date 04/24/02]
4/22/02 30 Motion filed by plaintiff for leave to suppplement plaintiffs’ consolidated opposition to individual federal defendants’ motion to dismiss and cross motion to strike certification of scope of employment; exhibits (cross motion and opposition) (td) [Entry date 04/24/02]
{by CJHjr} Attachment-1: Memorandum dated Jan. 26 1971 from Ian Watt (Atlantic and Indian Ocean Department, UK Foreign & Commonwealth Office) to D.A. Scott, Sir L Monson, Mr. Kerby}
{by CJHjr} Attachment-2: Memorandum dated August 24 1966 from P. R. H. Wright (UK Foreign & Commonwealth Office) and reply by Dennis A. Greenhill (UK Foreign & Commonwealth Office)}
{by CJHjr} Attachment-3: Letter dated Feb. 3 1969 from Gerald G. Oplinger (US State Department, Office of Politico-Military Affairs) to Richard A. Sykes (Defence Department, Foreign & Commonwealth Office)}
Note: Missing from the Docket sheet, as a separate item, is “Plaintiffs’ Consolidated Opposition to Individual Federal Defendants’ Motion to Dismiss and Crossmotion to Strike Certification of Scope of Employment.” Because the Judge never granted the Plaintiff’s motion to submit additional documents (30), the Clerk treats the Plaintiffs’ Brief and Cross-Motion opposing the individual Defendants (U.S. Officers) (legal argument which doubtless refers to these documents) as not part of the record in the case, and thus not available to the public; ie: it’s secret, even though the documents themselves are part of the record (weird again) and the parties refer to the brief, and quote from it, in their subsequent briefs. This “ain’t right”, and I’m hoping to get a photocopy of it, eventually, though I guess I’ll have to file a Motion myself to get it. CJHjr
4/22/02 31 Response by plaintiffs in opposition to United States of America’s motion to dismiss [1-1] [16-1] by USA (td) [Entry date 04/24/02]
4/26/02 32 Memorandum by defendant De Chazal Du Mee in opposition to motion for leave to conduct immediate discovery [23-1] and to extend time to respond to defendant De Chazal Du Mee’s motion to dismiss plaintiffs’ complaint [23-2]; exhibits (2) (td) [Entry date 05/01/02]
4/29/02 33 Motion (agreed) filed by plaintiffs to extend time to 5/6/02 regarding time for Halliburton Company to respond to plaintiffs’ motion to conduct discovery pursuant to Federal Rule of Civil Procedure 56(f). (td) [Entry date 05/01/02]
5/6/02 34 Reply by plaintiffs to defendant De Chazal Du Mee & Cie’s opposition to motion to conduct discovery [25-1] and for enlargement of time [25-2]. (td) [Entry date 05/07/02]
5/8/02 35 Notice of Filing by defendant Halliburton Corp; declaration of Christopher E. Heinrich (bm) [Entry date 05/09/02]
5/8/02 36 Response by defendant Halliburton Corp to motion to conduct discovery [25-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult; attachments (4) Bulky Pleading (bm) [Entry date 05/09/02]
5/16/02 37 Reply by plaintiffs in support of motion to conduct discovery [25-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult (nmr) [Entry date 05/17/02]
5/22/02 38 Reply by federal defendant USA in support of motion to dismiss complaint [1-1] [16-1] by USA (aet) [Entry date 05/23/02]
5/22/02 39 Reply by federal defendants in support of motion to dismiss complaint [1-1] [16-1] [1-1] [14-1] (aet) [Entry date 05/23/02]
5/31/02 40 Order by Judge Ricardo M. Urbina: granting motion to extend time to nunc pro tunc 5/6/02 regarding time for Halliburton Company to respond to plaintiffs’ motion to conduct discovery pursuant to Federal Rule of Civil Procedure 56(f). [33-1] Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult (N) (jwd)
6/4/02 41 Order by Judge Ricardo M. Urbina: granting motion to defer conference of counsel between plaintiffs and defendant United States of America. [29-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult (N) (jwd)
6/4/02 42 Order by Judge Ricardo M. Urbina: granting motion to defer conference of counsel between plaintiffs and individual federal defendants. [28-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult (N) (jwd)
6/4/02 43 Order by Judge Ricardo M. Urbina: granting motion to defer conference of counsel between plaintiffs and defendant De Chazal Du Mee & Cie. [27-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult (N) (jwd)
6/4/02 44 Order by Judge Ricardo M. Urbina: granting motion to defer conference of counsel between plaintffs and defendant Halliburton Corporation. [26-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult (N) (jwd)
6/5/02 45 Motion filed by defendant Halliburton Corp for leave to file their sur-reply to plaintiffs’ motion to conduct discovery pursuant to FRCP 56(f); exhibit-Sur-Reply (bm) [Entry date 06/07/02]
6/11/02 46 Errata by defendant Halliburton Corp the original supplemental declaration of Christopher E. Heinrich, in support of their sur-reply to plaintiffs discovery; declaration (1) (bcs) [Entry date 06/13/02]
8/1/02 47 Motion  filed by plaintiff for antisuit injunction, and for sanctions concerning defendant DCDM’s action in Mauritius; (1) (aet) [Entry date 08/05/02]
8/1/02 58 Motion filed by plaintiffs Olivier Bancoult, Terese Mein, Marie Isabelle France-Charlot, Chagos Refugee Group, Chagos Social Comm for leave to file supplemental information essential to the determination of plaintiffs’ motion for preliminary injunction and plaintiff’s opposition to defendant United States’ motion to dismiss; exhibits (2); no pending exhibits (aet) [Entry date 11/05/02]
{by CJHjr} Attachment-1: Letter dated June 7 2002 from Valerie Amos (Parliamentary Under Secretary of State, UK Foreign & Commonwealth Office) to Richard Gifford (solicitor, Sheridans, UK lawyers for the plaintiffs)}
{by CJHjr} Attachment-2: Report of a meeting on June 13 2002 in London between Charles Hamilton, (Administrator, British Indian Ocean Territory) and Olivier Bancoult (plaintiff) and colleagues}
8/7/02 48 Notice  by plaintiffs concerning Mauritius Court Judgment; attachments (2) (aet) [Entry date 08/08/02]
8/12/02 49 Response by federal defendant USA in opposition to motion for leave to suppplement plaintiffs’ consolidated opposition to individual federal defendants’ motion to dismiss and cross motion to strike certification of scope of employment [30-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult. (rje) [Entry date 08/14/02]
8/19/02 53 Response by plaintiff to United States’ opposition to plaintiffs’ motion for leave to file supplemental information (aet) [Entry date 09/09/02]
8/19/02 50 Notice of Filing by plaintiff Olivier Bancoult, plaintiff Terese Mein, plaintiff Marie Isabelle France-Charlot, plaintiff Chagos Refugee Group, plaintiff Chagos Social Comm; original judgment entered in the Supreme Court of Mauritius (aet) [Entry date 08/21/02]
8/26/02 51 Response by defendant De Chazal Du Mee in opposition to motion for antisuit injunction [47-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult, motion for sanctions concerning defendant DCDM’s action in Mauritius [47-2] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult. (dot) [Entry date 08/29/02]
9/4/02 52 Motion  (Consent) filed by plaintiff Olivier Bancoult, plaintiff Terese Mein, plaintiff Marie Isabelle France-Charlot, plaintiff Chagos Refugee Group, plaintiff Chagos Social Comm to extend time to 9/9/02 to respond to defendant’s opposition to plaintiffs’ motion for an antisuit injunction and sanctions concerning defendants’ action in Mauritius (aet) [Entry date 09/06/02]
9/9/02 54 Reply by plaintiff Olivier Bancoult to response in opposition to motion for antisuit injunction [47-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult, motion for sanctions concerning defendant DCDM’s action in Mauritius [47-2] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult (aet) [Entry date 09/10/02]
9/30/02 55 Memorandum Opinion by Judge Ricardo M. Urbina: ordering further briefing on defendant United States’ Motion to Dismiss; granting defendant DCDM’s Motion to Dismiss; denying the plaintiffs’ Motion for Preliminary Injunction; and striking the plaintiffs’ Motion for Antisuit Injunction and Sanctions Against Defendant DCDM (N) (jwd) [Entry date 10/01/02]
9/30/02 56 Order {with previous item} by Judge Ricardo M. Urbina: directing that the plaintiffs shall submit by 10/28/02, a supplemental memorandum answering the questions listed in the memorandum opinion issued contemporaneous with this order; that defendant United States shall submit its response by 11/18/02; and the plaintiff shall submit a reply (if any) by 12/2/02; striking motion for antisuit injunction [47-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult; granting motion to dismiss complaint [19-1] by De Chazal Du Mee; the claim against DCDM are dismissed without prejudice; denying motion for preliminary injunction enjoining defendants USA and De Chazal Du Mee their officers, employees, agents and any persons in active concert and participation with the defendants, pending on the merits and final order [3-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult (N) (jwd) [Entry date 10/01/02]
10/28/02 57 Supplemental Memorandum by plaintiffs Olivier Bancoult, Terese Mein, Marie Isabelle France-Charlot, Chagos Refugee Group, Chagos Social Comm in response to Court’s Order of 9/30/02 (aet) [Entry date 10/30/02]
11/12/02 59 Motion  filed by plaintiff to amend complaint to reinstate defendant De Chazal Du Mee and amendment as a matter of course to add defendant Brown and Root, Inc. [1-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult; Exhibit (Amended Complaint) (aet) [Entry date 11/13/02]
11/18/02 60 Reply Brief by federal defendant USA in support of motion to dismiss complaint [1-1] [16-1] by USA (aet) [Entry date 11/19/02]
11/21/02 61 Motion  filed by defendant Halliburton Corp to dismiss amended complaint filed as an exhibit to motion to amend complaint to reinstate defendant De Chazal Du Mee and amendment as a matter of course to add defendant Brown and Root, Inc. [1-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult [59-1], and for summary judgment (aet) [Entry date 11/22/02]
11/26/02 62 Response  by defendant De Chazal Du Mee in opposition to motion to amend complaint to reinstate defendant De Chazal Du Mee and amendment as a matter of course to add defendant Brown and Root, Inc. [1-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult [59-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult. (aet) [Entry date 11/27/02]
11/27/02 63 Motion  (unopposed) filed by plaintiff to extend time by thirty days to respond to defendant’s motion to dismiss first amended complaint and motion for summary judgment (aet) [Entry date 12/02/02]
11/29/02 64 Response  by federal defendant USA to motion to amend complaint to reinstate defendant De Chazal Du Mee and amendment as a matter of course to add defendant Brown and Root, Inc. [1-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult [59-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult (aet) [Entry date 12/02/02]
12/2/02 65 Reply by plaintiff Olivier Bancoult to defendant’s brief in support of its motion to dismiss [60-1] by USA. (aet) [Entry date 12/04/02]
12/5/02 66 Motion  filed by plaintiff Olivier Bancoult, plaintiff Terese Mein, plaintiff Marie Isabelle France-Charlot, plaintiff Chagos Refugee Group, plaintiff Chagos Social Comm to conduct discovery pursuant to Rule 56(f), and to extend time by thirty days to respond to defendant Halliburton’s motion for summary judgment (aet) [Entry date 12/09/02]
12/5/02 67 Errata  by plaintiffs Olivier Bancoult, Terese Mein, Marie Isabelle France-Charlot, Chagos Refugee Group, Chagos Social Comm of amendment to unopposed motion for enlargement of time filed 11/27/02 (aet) [Entry date 12/09/02]
12/5/02 68 Reply  by plaintiffs Olivier Bancoult, Terese Mein, Marie Isabelle France-Charlot, Chagos Refugee Group, Chagos Social Comm to response in opposition to motion to amend complaint to reinstate defendant De Chazal Du Mee and amendment as a matter of course to add defendant Brown and Root, Inc. [1-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult [59-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult (aet) [Entry date 12/09/02]
12/9/02 69 Reply  by plaintiffs to response in opposition to motion to amend complaint to reinstate defendant De Chazal Du Mee [1-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult [59-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult (ks) [Entry date 12/12/02]
12/20/02 70 Motion  (unopposed) filed by plaintiff Olivier Bancoult, plaintiff Terese Mein, plaintiff Marie Isabelle France-Charlot, plaintiff Chagos Refugee Group, plaintiff Chagos Social Comm to extend time to 1/15/03 to respond to defendant’s motion to dismiss and for summary judgment (aet) [Entry date 01/09/03]
1/24/03 71 Response  by defendant Halliburton Corp in opposition to motion to conduct discovery pursuant to Rule 56(f) [66-1] Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult; attachments (6) Bulky Pleading (bm) [Entry date 01/27/03]
2/3/03 72 Reply  by plaintiffs Olivier Bancoult, Terese Mein, Marie Isabelle France-Charlot, Chagos Refugee Group, Chagos Social Comm response in opposition to motion to conduct discovery pursuant to Rule 56(f) [66-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult (bm) [Entry date 02/05/03]
3/10/03 73 Memorandum Opinion {62kb.pdf} by Judge Ricardo M. Urbina: granting in part and denying in part the plaintiffs’ motion for leave to file an amended complaint; denying without prejudice all pending motion pertaining to the original complaint (N) (jwd) [Entry date 03/11/03]
3/10/03 74 Order {2 pages} by Judge Ricardo M. Urbina: granting in part, denying in part motion to amend complaint to reinstate defendant De Chazal Du Mee and amendment as a matter of course to add defendant Brown and Root, Inc. [1-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult [59-1]; denying without prejudice motion to extend time to 9/9/02 to respond to defendant’s opposition to plaintiffs’ motion for an injunction and sanctions concerning defendants’ action in Mauritius [52-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult; denying without prejudice motion for leave to file their sur-reply to plaintiffs’ motion to conduct discovery pursuant to FRCP 56(f) [45-1] by Halliburton Corp; denying without prejudice motion for leave to supplement plaintiffs’ consolidated opposition to individual federal defendants’ motion to dismiss and cross motion to strike certification of scope of employment by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult; denying without prejudice motion to conduct discovery [25-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult; denying without prejudice motion to extend time to respond to motion to dismiss and for summary judgment [25-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult; denying without prejudice motion for leave to conduct immediate discovery [23-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult; denying without prejudice motion to extend time to respond to defendant De Chazal Du Mee’s motion to dismiss plaintiffs’ complaint [23-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult; denying without prejudice motion to dismiss complaint [1-1] [20-1] by Halliburton Corp; denying without prejudice motion for summary judgment under Rule 56 [20-2] by Halliburton Corp; denying without prejudice motion to defer ruling and additional briefing on class certification until after court has ruled on pending motions to dismiss. [18-1] by federal defendants; denying without prejudice motion to dismiss [1-1] [16-1] by USA; denying without prejudice motion to dismiss complaint [1-1] [14-1] by defendant, federal defendant, defendant, federal defendant; denying without prejudice motion to certify class action [15-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult; directing that all references in the amended complaint to DCDM as a defendant are hereby stricken; directing Clerk file the amended complaint; denying without prejudice all pending motion pertaining to the original complaint. (N) (jwd) [Entry date 03/11/03] [Edit date 03/11/03]
3/10/03 76 Amended Complaint  by plaintiffs Olivier Bancoult, Terese Mein, Marie Isabelle France-Charlot, Chagos Refugee Group, and Chagos Social Comm adding defendant Brown & Root, Inc., and amending complaint [1-1]; jury demand (bm) [Entry date 03/28/03]
3/10/03 77 Motion  filed by defendant Brown & Root, Inc. to dismiss first amended complaint [76-1] (bm) [Entry date 03/28/03]
3/10/03 79 Amended Complaint  by plaintiffs Olivier Bancoult, Terese Mein, Marie Isabelle France-Charlot, Chagos Refugee Group, Chagos Social Comm [1-1]; jury demand (aet) [Entry date 04/02/03]
3/19/03 75 Motion  filed by federal defendant USA to dismiss amended complaint; attachments (2) (bm) [Entry date 03/20/03]
3/24/03 78 Motion  filed by federal defendants Robert S. Mcnamara, Donald H. Rumsfeld, Thomas Moorer, Melvin R. Laird, James R. Schlesinger, James L. Holloway III, USA to dismiss first amended complaint [76-1] (bm) [Entry date 03/28/03]
3/26/03 80 Response  by plaintiff Olivier Bancoult, plaintiff Terese Mein, plaintiff Marie Isabelle France-Charlot, plaintiff Chagos Refugee Group, plaintiff Chagos Social Comm in opposition to motion to dismiss amended complaint [75-1] by USA. (aet) [Entry date 04/02/03]
4/3/03 81 Response  by plaintiffs in opposition to motion to dismiss first amended complaint [76-1] [78-1] by federal defendants; motion to dismiss amended complaint [75-1] by USA; motion to dismiss first amended complaint [76-1] [77-1] by Brown & Root, Inc.; motion to dismiss amended complaint [1-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult [59-1] [61-1] by Halliburton Corp. (bm) [Entry date 04/04/03]
6/9/03 82 Motion filed by plaintiffs Olivier Bancoult, Terese Mein, Marie Isabelle France-Charlot, Chagos Refugee Group, and Chagos Social Comm to defer conference of counsel between plaintiffs and the individual federal defendants (bm) [Entry date 06/11/03]
6/9/03 83 Motion filed by plaintiffs Olivier Bancoult, Terese Mein, Marie Isabelle France-Charlot, Chagos Refugee Group, Chagos Comm to defer conference of counsel between plaintiffs and defendant United States of America (bm) [Entry date 06/11/03]
6/9/03 84 Motion filed by plaintiffs Olivier Bancoult, Terese Mein, Marie Isabelle France-Charlot, Chagos Refugee Group, Chagos Comm to defer conference of counsel between plaintiffs and defendant Halliburton (bm) [Entry date 06/11/03]
6/9/03 85 Motion filed by plaintiffs Olivier Bancoult, Terese Mein, Marie Isabelle France-Charlot, Chagos Refugee Group, Chagos Comm to defer conference of counsel between plaintiffs and defendant Brown and Root (bm) [Entry date 06/11/03]
6/9/03 86 Renewed Motion filed by plaintiffs Olivier Bancoult, Terese Mein, Marie Isabelle France-Charlot, Chagos Refugee Group, Chagos Comm to certify action as a class action (bm) [Entry date 06/11/03]
6/9/03 87 Motion filed by plaintiffs Olivier Bancoult, Terese Mein, Marie Isabelle France-Charlot, Chagos Refugee Group, Chagos Comm to stay plaintiffs’ renewed motion to certify action as a class action, and to extend time for all defendants to respond (bm) [Entry date 06/11/03]
7/1/03 88 Agreed Stipulation by all plaintiffs and defendants Halliburton Company and Brown & Root, Inc. regarding pending motions; attachments (2) (bm) [Entry date 07/03/03]
8/11/03 89 Suggestion of Death of proposed class action representative Marie Therese Mein on 4/6/03. (bjsp) [Entry date 08/13/03]
9/5/03 91 Motion filed by plaintiffs for preliminary injunction; exhibits (2) (bjsp) [Entry date 09/09/03]
9/8/03 90 Standing Order {12 pages} by Judge Ricardo M. Urbina: (N) (jwd)
9/9/03 92 Motion filed by plaintiffs for leave to conduct immediate and limited discovery pursuant to Fed. R. Civ. P. 56(f), and to extend time for plaintiffs to respond to defendant Brown & Root Inc’s motion for summary judgment; exhibits (2); Nunc Pro Tunc for 1/15/03, Urbina, J. (zz)
9/11/03 93 Supplemental Agreed Stipulation by plaintiffs and federal defendants regarding 19 pending motions. This supplemental stipulation is filed in order to assist in further clarifying the record for the Court per the parties. (bjsp) [Entry date 09/15/03]
9/12/03 94 Response by federal defendant in opposition to motion for preliminary injunction [91-1] by Olivier Bancoult. (bjsp) [Entry date 09/16/03]
9/22/03 95 Reply by plaintiffs to response in opposition to [second] motion for preliminary injunction [91-1] by Olivier Bancoult; attachments (2) (bm) [Entry date 09/24/03]
9/30/03 96 Memorandum Opinion {70kb.pdf} by Judge Ricardo M. Urbina denying the plaintiffs’ motion to permit discovery; denying the plaintiffs’ motions for enlargement of time; setting a revised briefing schedule. (N) (jwd)
9/30/03 97 Order {2 pages} by Judge Ricardo M. Urbina: denying without prejudice motion to dismiss first amended complaint [76-1] [77-1] by Brown & Root, Inc.; defendant Brown & Root shall have until 10/30/03 to file a responsive pleading to the First Amended Complaint, with any opposition due no later than 11/20/03, and any reply due no later than 12/3/03. No submission may incorporate by reference another submission; denying motion to extend time to 1/15/03 to respond to defendant’s motion to dismiss and for summary judgment [70-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult; denying motion to conduct discovery pursuant to Rule 56(f) [66-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult; denying motion to extend time by thirty days to respond to defendant Halliburton’s motion for summary judgment [66-2] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult; denying motion to extend time by thirty days to respond to defendant Halliburton’s motion to dismiss first amended complaint and motion for summary judgment [63-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult; denying without prejudice motion to dismiss amended complaint filed as an exhibit to motion to amend complaint to reinstate defendant De Chazal Du Mee and amendment as a matter of course to add defendant Brown and Root, Inc. [1-1] by Chagos Social Comm, Chagos Refugee Group, Marie Isabelle France-Charlot, Terese Mein, Olivier Bancoult [59-1] [61-1] by Halliburton Corp; defendant Halliburton shall have until 10/30/03 to file a responsive pleading to the First Amended Complaint, with any opposition due no later than 11/20/03, and any reply due no later than 12/3/03. No submission may incorporate by reference another submission; denying without prejudice motion for summary judgment [61-2] by Halliburton Corp, Defendant Halliburton shall have until 10/30/03 to file a responsive pleading to the First Amended Complaint, with any opposition due no later than 11/20/03, and any reply due no later than 12/3/03. (N) (jwd)
10/17/2003 98 Joint Motion by plaintiffs and federal defendants to extend time regarding the Court’s briefing schedule ordered on 9/30/03 (bjsp) (Entered: 10/21/2003)
10/21/2003 99 Order by Judge Ricardo M. Urbina: granting joint motion to extend time regarding the Court’s briefing schedule ordered on 9/30/03 [98-1 {sic: 97-1}] by federal defendant, plaintiffs; no later than 11/13/03, the plaintiffs shall notify defendants Halliburton and Brown & Root whether the plaintiffs intends to pursue their claims against defendants Hallliburton and Brown & Root; directing that plaintiffs notify defendants Halliburton and Brown & Root that they intend to pursue their claims, defendants Halliburton and Brown & Root shall have until 12/15/03 to file a responsive pleading to the First Amended Complaint, with any opposition due no later than 1/15/03 {sic: 2004} and any reply due no later than 1/28/03 {sic: 2004}. (N) (jwd) (Entered: 10/22/2003)
11/07/2003 100 Motion (unopposed) for leave to amend [1] Complaint to substitute a named plaintiff for cause of death by Olivier Bancoult, Chagos Refugee Group, Chagos Social Committee, Marie Isabelle France-Charlot, Terese Mein. (td, ) (Entered: 11/10/2003)
11/07/2003 101 Motion {3 pages} (unopposed) for leave to substitute proposed class representative for cause of death pursuant to Federal Rule of Civil Procedure 25(a) by Olivier Bancoult, Chagos Refugee Group, Chagos Social Committee, Marie Isabelle France-Charlot, Terese Mein. (td, ) (Entered: 11/10/2003)
11/18/2003 Minute Order granting 100 Plaintiff’s Unopposed Motion for Leave to Amend Complaint to Substitute a Named Plaintiff. Signed by Judge Ricardo M. Urbina on 11/18/03. (Entered: 11/18/2003)
11/18/2003 Minute Order granting 101 Plaintiffs’ Unopposed Motion for Leave to Substitute Proposed Class Representative. Signed by Judge Ricardo M. Urbina on 11/18/03. (Entered: 11/18/2003)
11/18/2003 102 Amended Complaint against all defendants, filed by Jeanette Therese Alexis, Olivier Bancoult, Chagos Refugee Group, Chagos Social Committee, Marie Isabelle France-Charlot. (Attachments: # 1 {2 pages} Text of Proposed Order) (cp) (Entered: 11/20/2003)
12/02/2003 103 Motion to Dismiss Defendants Halliburton and Brown & Root by Jeanette Therese Alexis, Olivier Bancoult, Chagos Refugee Group, Chagos Social Committee, Marie Isabelle France-Charlot. (Tigar, Michael) (Entered: 12/02/2003)
12/02/2003 Minute Order granting 103 Plaintiffs’ Unopposed Motion to Dismiss Defendants Halliburton and Brown & Root. Signed by Judge Ricardo M. Urbina on 12/3/03. (Entered: 12/03/2003)
03/24/2004 Minute Order granting [87] Plaintiffs’ Unopposed Motion to Stay [86] Plaintiffs’ Renewed Motion to Certify Class Action and granting [87] Plaintiffs’ Unopposed Motion for Extension of Time for Defendants to Respond. The court will set a briefing schedule for the class-certification motion upon resolution of the pending motions to dismiss. Signed by Judge Ricardo M. Urbina on 3/24/04. (Entered: 03/24/2004)
03/24/2004 Minute Order granting [82] Plaintiffs’ Unopposed Motion to Defer Conference of Counsel between Plaintiffs and the Individual Federal Defendants and granting [83] Plaintiffs’ Unopposed Motion to Defer Conference of Counsel between Plaintiffs and the United States. After resolving the pending motions to dismiss, the court will set an initial status conference, if appropriate. Pursuant to Federal Rule of Civil Procedure 26(f), Local Civil Rule {814kb.pdf} 16.3, and paragraph 9 of this court’s Standing Order, the parties then must confer at least 21 days before that initial status conference and file their Rule 16.3 report at least 7 days before that status conference. Signed by Judge Ricardo M. Urbina on 3/24/04. (Entered: 03/24/2004)
03/26/2004 104 Order Staying Case Pending Supreme Court Decision in Sosa v. Alvarez-Machain {reversed June 29 2004 (U.S., No. 03-339) (785kb.pdf)}. Signed by Judge Ricardo M. Urbina on 3/26/04. (Entered: 03/26/2004)
10/14/2004 105 Unopposed Motion to Amend/Correct Plaintiff Party’s Name by Chagos Social Committee. (Tigar, Michael) (Entered: 10/14/2004)
10/19/2004 106 Order {to come} lifting the stay; directing the parties to submit further briefing; directing the parties to submit a joint status report; and granting 105 the plaintiff’s unopposed motion to amend/correct the plaintiff party’s name and address. So Ordered. Signed by Judge Ricardo M. Urbina on 10/19/2004. (Entered: 10/19/2004)
107 Note: There is no document 107 on the docket sheet.  CJHjr
10/29/2004 108 Supplemental Memorandum in Response to This Court’s Order Dated October 19, 2004 from Plaintiffs. (Tigar, Michael) (Entered: 10/29/2004)
11/09/2004 109 Response to Plaintiffs’ Supplemental Memorandum Addressing the Impact of the Supreme Court’s Decision in Sosa v. Alvarez-Machain filed by United States of America. (Touhey, James) (Entered: 11/09/2004)
11/15/2004 110 Reply {to come} to 109 Defendants’ Response Regarding the Impact of the Supreme Court’s Decision in Sosa v. Alvarez-Machain by Jeanette Therese Alexis, Olivier Bancoult, Chagos Refugee Group, Chagossians Committee, Marie Isabelle France-Charlot. (Tigar, Michael) (Entered: 11/15/2004)
11/22/2004 111 Status Report Pursuant to This Court’s Order Dated October 19, 2004 by Jeanette Therese Alexis, Olivier Bancoult, Chagos Refugee Group, Chagossians Committee, George T. Churchill, Marie Isabelle France-Charlot, James L. Holloway III, Melvin R. Laird, Robert S. Mcnamara, Thomas Moorer, Eric D. Newsom, Donald H. Rumsfeld, James R. Schlesinger, United States Of America. (Tigar, Michael) (Entered: 11/22/2004)
12/02/2004 112 Statement filed by Chagos Social Committee Jeanette Alexis authorizing law sutents Karen Corrie, Jamie Cowden, Tim Foden, Melissa Mador, Courtney Nogar, Christine Parsadaian, Laura Rótolo, Debra Spinelli-Hayes, and Alison Stites to appear in court or at other proceedings and to prepare documents on her behalf. (jwd) Modified on 12/3/2004 (jwd). Modified on 12/3/2004 (jwd). (Entered: 12/03/2004)
12/02/2004 113 Order Signed by Judge Ricardo M. Urbina on December 2, 2004 granting statement 112 by plaintiff Chagos Social Committee, Jeannette Alexis autorizing law students Karen Corrie, Jamie Cowden, Tim Foden, Melissa Mador, Courtney Nogar, Christine Pasadaian, Laura Rótolo, Debra Spinelli-Hayes, and Alison Stites to appear in court or at other proceedings and to prepare documents on her behalf. ("fiat") (N) (jwd) Modified on 12/3/2004 (jwd). Modified on 12/3/2004 (jwd). (Entered: 12/03/2004)
12/02/2004 114 Statement filed by Chagos Refugee Group, Oliver Bancoult authorizing law students Karen Corrie, Jamie Cowden, Tim Foden, Melissa Mador, Courtney Nogar, Christine Parsadaian, Laura Rótolo, Debra Spinelli-Hayes, and Alison Stites to appear in court or at other proceedings and to prepare documents on his behalf. (jwd) Additional attachment(s) added on 12/3/2004 (jwd). (Entered: 12/03/2004)
12/02/2004 115 Order Signed by Judge Ricardo M. Urbina on December 2, 2004 granting statement 114 by Chagos Refugee Group, Oliver Bancoult authorizing law students Karen Corrie, Jamie Cowden, Tim Foden, Melissa Mador, Courtney Nogar, Christine Pasadaian, Laura Rótolo, Debra Spinelli-Hayes, and Alison Stites to appear in court or at other proceedings and to prepare documents on his behalf. ("Fiat") (N). (jwd) Additional attachment(s) added on 12/3/2004 (jwd). (Entered: 12/03/2004)
12/02/2004 Remark: Document # 115 was inadverently omitted from docket and has been added for the record. (jwd) (Entered: 12/03/2004)
12/02/2004 116 Statement filed by plaintiff Jeannette Alexis authorizing law students Karen Corrie, Jamie Cowden, Tim Foden, Melissa Mador, Courtney Nogar, Christine Parsadaian, Laura Rótolo, Debra Spinelli-Hayes, and Alison Stites to appear in court or at other proceedings and to prepare documents on her behalf. (jwd) Additional attachment(s) added on 12/3/2004 (jwd). (Entered: 12/03/2004)
12/02/2004 Remark: Document # 116 was inadverently omitted from docket and now has been added to reflect the image for the record. (jwd) (Entered: 12/03/2004)
12/02/2004 117 Order Signed by Judge Ricardo M. Urbina on December 2, 2004 granting Statement 116 by plaintiff Jeannett Alexis authorizing law student Karen Corrie, Jamie Cowden, Tim Foden, Melissa Mador, Courtney Nogar, Christine Parsadaian, Laura Rótolo, Debra Spinelli-Hayes, and Alison Stites to appear in court or at other proceedings and to prepare documents on her behalf. ("Fiat") (N) (jwd) Modified on 12/3/2004 (jwd). (Entered: 12/03/2004)
12/02/2004 118 Statement filed by Plaintiff Oliver Bancoult authorizing law students Karen Corrie, Jamie Cowden, Tim Foden, Melissa Mador, Courtney Nogar, Christine Parsadaian, Laura Rótolo, Debra Spinelli-Hayes, and Alison Stites to appear in court or at other proceedings and to prepare documents on his behalf. (jwd) Additional attachment(s) added on 12/3/2004 (jwd). Modified on 12/3/2004 (jwd). (Entered: 12/03/2004)
12/02/2004 Remark: Document # 118 has been corrected to attach the image of the document to the entry. (jwd) (Entered: 12/03/2004)
12/02/2004 119 Order Signed by Judge Ricardo M. Urbina on December 2, 2004 granting statement 118 by plaintiff Oliver Bancoult authorizing Karen Corrie, Jamie Cowden, Tim Foden, Melissa Mador, Courtney Nogar, Christine Parsadaian, Laura Rótolo, Debra Spinelli-Hayes, and Alison Stites to appear in court or at other proceedings and to prepare documents on his behalf ("Fiat" (N). (jwd) (Entered: 12/03/2004)
12/02/2004 120 Statement filed by Plaintiff Marie Isabelle France-Charlot authorizing law students Karen Corrie, Jamie Cowden, Tim Foden, Melissa Mador, Courtney Nogar, Christine Parsadaian, Laura Rótolo, Debra Spinelli-Hayes, and Alison Stites to appear in court or at other proceedings and to prepare documents on her behalf. (jwd) (Entered: 12/03/2004)
12/02/2004 121 Order Signed by Judge Ricardo M. Urbina on December 2, 2004 granting statement 120 by plaintiff Marie Isabell France-Charlot authorizing law students Karen Corrie, Jamie Cowden, Tim Foden, Melissa Mador, Courtney Nogar, Christine Parsadaian, Laura Rótolo, Debra Spinelli-Hayes, and Alison Stites to appear in court or at other proceedings and to prepare documents on her behalf ("Fiat") (N).(jwd) (Entered: 12/03/2004)
12/21/2004 122 Order {together with the next document}: granting [14] the individual defendants’ motion to dismiss; granting [16] the defendant United States’ motion to dismiss; and denying [91] the plaintiff’s second motion for a preliminary injunction. Signed by Judge Ricardo M. Urbina on 12/21/2004. (Entered: 12/21/2004)
12/21/2004 123 Memorandum Opinion granting [14] the individual defendants’ motion to dismiss; granting [16] the defendant United States’ motion to dismiss; and denying [91] the plaintiff’s second motion for a preliminary injunction. Signed by Judge Ricardo M. Urbina on 12/21/2004. (Entered: 12/21/2004)
02/10/2005 124 Notice of Appeal as to 122 Order, 123 Memorandum & Opinion, by Olivier Bancoult, Jeanette Therese Alexis, Marie Isabelle France-Charlot, Chagos Refugee Group, Chagossians Committee. Filing fee $ 255, receipt number 131897. (cp) (Entered: 02/11/2005)
02/10/2005 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 124 Notice of Appeal. (cp) (Entered: 02/11/2005)
02/23/2005 USCA Case Number 05-5049 for 124 Notice of Appeal filed by Olivier Bancoult, Marie Isabelle France-Charlot, Chagos Refugee Group, Chagossians Committee, Jeanette Therese Alexis. (cp) (Entered: 02/24/2005)
08/07/2006 125 USCA Judgment (certified copy) as to 124 Notice of Appeal filed by Olivier Bancoult,, Marie Isabelle France-Charlot,, Chagos Refugee Group,, Chagossians Committee,, Jeanette Therese Alexis; It is hereby ordered and adjudged that the judgment of the District Court appealed from in this cause is hereby affirmed; USCA#05-5049 (jsc) (Entered: 08/08/2006)
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Source: https://ecf.dcd.uscourts.gov/cgi-bin/DktRpt.pl?15820, Case Number: 01-2629 (WebPACER: “Public Access to Court Electronic Records,” U.S. District Court for the District of Colombia). Note: A PDF copy of most orders and memorandum opinions in this case (the linked docket numbers) is available online from the Court, with a PACER account. Likewise, the papers from the parties filed after Oct. 22 2003, the court-ordered start-date for mandatory ECF copies (Electronic Case Filing). The earlier papers in the case are not available online from the court; a photocopy can be purchased from the Court Clerk for $0.50 per page.

By CJHjr: Formatted (xhtml/css), bold-face, links, text {in braces}, highlighting.

This case: Bancoult v. McNamara, complaint filed, Dec. 20 2001, refused to adjudicate, 370 F.Supp.2d 1 (D.D.C., No. 01-cv-2629, Dec. 21 2004), appeal docketed, Feb. 22 2005, affirmed refusal to adjudicate, 445 F.3d 427 {justia, altlaw, 147kb.pdf, copy} (D.C. Cir., No. 05-5049, April 21 2006), petitions to rehear and en banc filed, June 5 2006, denied, July 11 2006, petition for certiorari docketed, Oct. 11 2006, refused to review refusal to adjudicate, certiorari denied, 549 U.S. — (U.S., No. 06-502, Jan. 16 2007).

See also:

Queen v. Secretary of State for Foreign and Commonwealth Office Ex Parte Bancoult, [2000] EWHC Admin 413 {copy, related cases} (High Court of England and Wales, Administrative Court, Case No: CO/3775/98, November 3 2000, judges: John Grant McKenzie Laws (lord justice, Court of Appeal), Richard John Hedley Gibbs (justice, Queens Bench)) (not appealed).
Chagos Islanders v Attorney General Her Majesty's British Indian Ocean Territory Commissioner, [2003] EWHC 2222 (QB) {1.7mb.html} {copy} (High Court of England and Wales, Queens Bench Division, Case No: A2/2004/0224, October 8 2003, judge: Duncan Brian Walter Ouseley), affirmed, [2004] EWCA Civ 997 {copy} (Court of Appeal, England and Wales, Case No: A2/2004/0224, July 22 2004, judges, Elizabeth Butler-Sloss (president), Stephen John Sedley, David Edmond Neuberger (lord justices)).
The Queen on the Application of Louis Olivier Bancoult v. Secretary of State for Foreign and Commonwealth Affairs, [2006] EWHC 1038 (Admin) {copy} (High Court of England and Wales, Divisional Court, Administrative Court, Case No: CO/4093/2004, May 11 2006, Hooper (Lord Justice, Court of Appeal), Cresswell (Justice, Queens Bench)), affirmed, Secretary of State for the Foreign and Commonwealth Affairs v. The Queen (on the application of Bancoult), [2007] EWCA Civ 498 (Court of Appeal, England and Wales, Case No: C1/2006/1465, May 23 2007, judges, Anthony Peter Clarke (master of the rolls), Stephen John Sedley, George Mark Waller (lord justices)), reversed, R (on the application of Bancoult) (Respondent) v Secretary of State for Foreign and Commonwealth Affairs (Appellant), [2008] UKHL 61 {source, 278kb.pdf, bailii} (House of Lords, Wednesday October 22 2008, 9:45am), Law Lords appellate committee split decision 3-to-2: Lords Hoffmann, Rodger of Earlsferry, Carswell, dissenting, Bingham of Cornhill, Mance (“Subject matter: Royal prerogative; Abuse of power; Validity of British Indian Ocean Territory Orders in Council; Constraints upon prerogative power to legislate for colonies; Legitimate expectation”).

Commentary: Escaping justice: Why the United States has a free hand to wage crimes and torts against foreigners. Are foreigners entitled to an eye-for-an-eye? “Diego Garcia: The Criminal Question Doctrine,” “Bancoult v. McNamara,” “The Criminal Tort Doctrine” (complicity of U.S. federal judges in U.S. government violent crimes and intentional torts) (a “crime,” beyond judicial discretion).

This document is not copyrighted and may be freely copied.

CJHjr

Charles Judson Harwood Jr.

Posted Sept. 1 2002. Updated May 8 2009.

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