Docket-sheet: El-Shifa v. U.S. (C.F.C., No.00-CV-443) (U.S. missile-strike on Sudan, Aug.20 1998)

Filing Date	#	Docket Text
07/27/2000	1	Complaint, Filing Fee $120, Receipt #050048. Answer due on 9/25/00. (FE) (Entered: 07/27/2000)
07/27/2000	2	Notice of assignment to Chief Judge Lawrence M. Baskir. Copy to parties. (FE) (Entered: 07/27/2000)
09/18/2000	3	Motion by USA (Service: 9/18/00) to Extend Time to respond to the complaint [until November 9, 2000]. Response due: 10/5/00 (JT) (Entered: 09/19/2000)
09/18/2000	4	Notice of Attorney Appearance for USA by Peter H. Oppenheimer. Service: 9/18/00 (DS) (Entered: 11/14/2000)
09/19/2000	5	Special Procedures Order granting [3-1] motion to Extend Time to respond to the complaint. Reset Answer deadline to 11/9/00. (signed Chief Judge Lawrence M. Baskir) Copy to parties. (JT) Modified on 11/14/2000 (Entered: 09/20/2000)
11/09/2000	6	Memorandum by USA re: anticipated motion to dismiss. Service: 11/8/00 (JT) Modified on 11/14/2000 (Entered: 11/13/2000)
11/17/2000	7	Motion by El-Shifa Pharmaceuti, Salah El Din Ahmed (Service: 11/17/00) for Leave to Apply for the issuance of letters rogatory for testimony and documentary evidence located in foreign countries in advance of the preliminary status conference. Response due: 12/4/00 (JT) (Entered: 11/21/2000)
11/17/2000	8	Order re: the parties shall notify the Court by 11/30/00 of the proposed status conference dates. (signed by Chief Judge Lawrence M. Baskir) Copy to parties. (JT) (Entered: 11/21/2000)
11/29/2000	9	Scheduling Order setting Status conference for 10:00 a.m. 12/20/00 (signed by Chief Judge Lawrence M. Baskir). Copy to parties. (FE) (Entered: 11/30/2000)
11/30/2000	10	Order re: Pursuant to RULE 11 and 81(D), The Plaintiff's Response to Defendant's memorandum for anticipated motion to dismiss, shall be returned for not complying with the CFC Rules (signed by Chief Judge Lawrence M. Baskir). Copy to parties. (FE) (Entered: 12/04/2000)
12/04/2000	11	Motion by USA (Service: 12/4/00) to Stay Discovery . Response due: 12/21/00. (FE) (Entered: 12/05/2000)
12/04/2000	11	Response by USA (Service: 12/4/00) to [7-1] motion for Leave to Apply for the issuance of letters rogatory for testimony and documentary evidence located in foreign countries in advance of the preliminary status conference. Reply due: 12/18/00. (FE) (Entered: 12/05/2000)
12/13/2000	12	Order returning to Plaintiff their response to Defendant's memorandum for anticipated motion to dismiss. (not signed by the attorney of record) (signed by Chief Judge Lawrence M. Baskir) Copy to parties. (JT) (Entered: 12/14/2000)
12/18/2000	13	Response by El-Shifa Pharmaceuti, Salah El Din Ahmed (Service: 12/18/00) to [11-1] motion to Stay Discovery. Reply due: 1/2/01 (reply to response to motion included) (JT) Modified on 12/20/2000 (Entered: 12/20/2000)
12/18/2000	13	Reply by El-Shifa Pharmaceuti, Salah El Din Ahmed to response to [7-1] motion for Leave to Apply for the issuance of letters rogatory for testimony and documentary evidence located in foreign countries in advance of the preliminary status conference. Service: 12/18/00 (response to motion included) (JT) (Entered: 12/20/2000)
12/19/2000	14	Motion by El-Shifa Pharmaceuti and Salah El Din Ahmed (Service: 12/19/00) for Leave to file appendix to "JPSR" in excess of 50 pages in length . Response due: 9/25/00. (FE) (Entered: 12/20/2000)
12/20/2000	15	Joint Preliminary Status Report. (1 Separate Volume of Appendix) Filed by leave of the Judge. (JT) (Entered: 12/20/2000)
12/20/2000	16	Order set joint Status Report deadline to 1/3/01. (signed by Chief Judge Lawrence M. Baskir) Copy to parties. (JT) (Entered: 12/21/2000)
12/20/2000	17	Motion by El-Shifa Pharmaceuti and Salah El Din Ahmed (Service: 12/20/00) for the issuance of letters rogatory for the testimony of, and production of documents by, witnesses residing in the Republic of Kenya. (FE) (Entered: 12/27/2000)
12/20/2000		Status Conference held (Transcript due 1/19/01) (DS) (Entered: 01/03/2001)
01/03/2001	18	Transcript of proceedings re: Status Conference, 1 volume, at Washington, D.C., for date of December 20, 2000. Notice to parties. (FE) (Entered: 01/03/2001)
01/03/2001	19	Status Report by El-Shifa Pharmaceuti, Salah El Din Ahmed, USA. Service: 1/3/01 (DS) (Entered: 01/04/2001)
01/16/2001	20	Order Defendant's Brief deadline to 1/26/01, Plaintiff's Opposition deadline to 2/26/01 and Reply due: 3/13/01 for USA (signed by Chief Judge Lawrence M. Baskir). Copy to parties. (FE) (Entered: 01/18/2001)
01/29/2001	21	Motion (Filed by leave of the Judge) by USA (Service: 1/26/01) to Dismiss filed with separate Appendix. Response due: 2/26/01. (FE) (Entered: 01/30/2001)
02/06/2001	22	Memorandum of Law Concerning The Issuance Of Letters Rogatory by El-Shifa Pharmaceuti and Salah El Din Ahmed in response to [20-4] order. Service: 2/5/01. (FE) (Entered: 02/07/2001)
02/08/2001	23	Motion by El-Shifa Pharmaceuti and Salah El Din Ahmed (Service: 2/8/01) to replace memorandum of law concerning the issuance of letters rogatory . Response due: 2/26/01. (FE) (Entered: 02/08/2001)
02/09/2001	24	Memorandum of Law concerning the issuance of letters rogatory by El-Shifa Pharmaceuti and Salah El Din Ahmed pursuant to the order of January 16, 2001. Service: 2/9/01. (FE) (Entered: 02/13/2001)
02/09/2001	25	Order granting [23-1] motion to replace memorandum of law concerning the issuance of letters rogatory (signed by Chief Judge Lawrence M. Baskir). Copy to parties. (FE) (Entered: 02/13/2001)
02/20/2001	26	Response by USA to plaintiff's memorandum of law concerning the issuance of letter's rogatory pursuant to [20-4] order. Service: 2/20/01. (FE) Modified on 02/22/2001 (Entered: 02/22/2001)
02/20/2001		Deadline updated; Notice of Compliance deadline to 3/13/01, for reply to defendant's response filed on 2/20/01. (FE) (Entered: 02/22/2001)
02/26/2001	27	Response, together with a separate volume of appendix, by El-Shifa Pharmaceuti, Salah El Din Ahmed (Service: 2/26/01) to [21-1] motion to Dismiss. Reply due: 3/15/01 (DS) (Entered: 02/27/2001)
03/09/2001	28	Motion by El-Shifa Pharmaceuti, Salah El Din Ahmed (Service 3/9/01) for Leave to file original declarations as well as a corrected appendix and corrected memorandum of law (FE) (Entered: 03/12/2001)
03/13/2001	29	Reply, together with a separate volume of appendix, by USA to response to [21-1] motion to Dismiss. Service by hand: 3/13/01 (DS) (Entered: 03/14/2001)
03/15/2001	30	Memorandum by El-Shifa Pharmaceuti and Salah El Din Ahmed re: Corrected memorandum of law in response to motion to dismiss. (LTD) Modified on 03/16/2001 (Entered: 03/16/2001)
03/15/2001	31	Affidavit Re: Declaration of Ghazi Suleiman. (LTD) (Entered: 03/16/2001)
03/15/2001	32	Affidavit Re: Declaration of El Hussein Ahmed Salih. (LTD) (Entered: 03/16/2001)
03/15/2001	33	Order granting [28-1] motion for Leave to file original declarations as well as a corrected appendix and corrected memorandum of law (signed by Chief Judge Lawrence M. Baskir). Copy to parties. (LTD) (Entered: 03/16/2001)
03/15/2001	34	Affidavit Re: Legal Opinion of Zaki Abdel Rahman Mohamed Khair. (LTD) (Entered: 03/16/2001)
04/18/2001	35	Notice of related case by El-Shifa Pharmaceutical and Salah El Din Ahmed. Service: 4/18/01. (LTD) (Entered: 04/19/2001)
09/04/2001	36	Order re: The parties shall agree upon at least three dates during the period of November 1-16, 2001 to schedule the oral argument (signed by Chief Judge Lawrence M. Baskir). Copy to parties. (FE) (Entered: 09/05/2001)
09/17/2001	37	Order scheduling oral argument for 10:00 a.m. on 11/14/01 for [21-1] motion to Dismiss . (signed by Chief Judge Lawrence M. Baskir) Copy to parties. (DS) (Entered: 09/19/2001)
11/08/2001	38	Notice of additional authorities and correction of the record by USA, filed by leave of the Judge. Service by hand: 11/7/01. (HW) (Entered: 11/13/2001)
11/14/2001	39	Notice of additional authority by El-Shifa Pharmaceuti, Salah El Din Ahmed, filed by leave of the Judge. Service by hand: 11/13/01. (HW) (Entered: 11/16/2001)
11/14/2001		Oral Argument re: [21-1] motion to Dismiss by USA (DS) (Entered: 04/15/2002)
11/15/2001	40	Order Plaintiff's brief is due 1/7/02 and Defendant's response is due by 1/15/02, and Plaintiff's reply due 1/22/02 (signed by Chief Judge Lawrence M. Baskir). Copy to parties. (LTD) (Entered: 11/19/2001)
11/20/2001	41	Transcript of proceedings re: 1 volume, at Washington, D.C., for date of November 14, 2001. Notice to parties. (FE) (Entered: 11/20/2001)
01/07/2002	42	Supplemental Memorandum of Law, together with a separate appendix, addressing the political question doctrine filed by El-Shifa Pharmaceuti, Salah El Din Ahmed [by leave of the judge]. (DS) (Entered: 01/16/2002)
01/15/2002	43	Supplemental Memorandum of Law addressing the political question doctrine and the doctrine of necessity in support of motion to dismiss, together with a separate appendix, filed by USA. Service by hand: 1/15/02 (DS) (Entered: 01/16/2002)
01/22/2002	44	Reply by El-Shifa Pharmaceuti, Salah El Din Ahmed to [43-1] memorandum by USA. Service: 1/22/02 (DS) (Entered: 01/23/2002)
02/13/2002	45	Order re: In reviewing the parties briefs the Court notes that the defendant purported to make additional motions in the text of its submission, pursuant to RCFC 7(b), this method of filing is not acceptable, if the defendant wishes to make motions as denoted in its brief then defendant shall do so in the proper form no later than 3/15/02 (signed by Chief Judge Lawrence M. Baskir). Copy to parties. (FE) Modified on 03/18/2002 (Entered: 02/14/2002)
03/15/2002	46	Motion, together with a separate volume of appendix, by USA (Service: 3/15/02) to Dismiss based on the doctrine of necessity. Response due: 4/15/02 (DS) (Entered: 03/18/2002)
04/15/2002	47	Response, together with a separate volume of appendix, by El-Shifa Pharmaceuti, et al. (Service: 4/12/02) to [46-1] motion to Dismiss. Reply due: 4/29/02 (DS) (Entered: 04/15/2002)
04/29/2002	48	Reply by USA to response to [46-1] motion to Dismiss. Service by hand: 4/26/02 (DS) (Entered: 04/29/2002)
06/03/2002	49	Order setting oral argument for 10:00 a.m. on 6/28/02 (signed by Judge Lawrence M. Baskir). Copy to parties. (LTD) (Entered: 06/04/2002)
06/28/2002		Evidentiary Hearing held (DS) (Entered: 03/05/2003)
07/03/2002	50	Transcript of proceedings re: 1 volume, at Washington, D.C., for date of June 28, 2002. Notice to parties. (FE) (Entered: 07/08/2002)
12/17/2002	51	Notice of Additional Authority by USA. Filed by leave of the Judge. Service: 12/11/02 (JT) Modified on 12/18/2002 (Entered: 12/18/2002)
01/21/2003	52	Response by El-Shifa Pharmaceuti to [51-1] notice by USA. Service: 1/15/03. Filed by leave of the Judge. (LTD) (Entered: 01/27/2003)
03/04/2003	53	Motion by El-Shifa Pharmaceuti (Service: 3/4/03) to modify stay of discovery. Response due: 3/18/03. (LTD) (Entered: 03/06/2003)
03/13/2003	54	Response by USA (Service: 3/12/03) to [53-1] motion to modify stay of discovery. Reply due: 3/26/03. (LTD) (Entered: 03/13/2003)
03/14/2003	55	Published Decision granting [46-1] motion to Dismiss and directing the clerk to enter judgment for the defendant, Each party to bear its own costs. (Signed by Judge Lawrence M. Baskir). Copy to parties. (LD) (Entered: 03/14/2003)
03/14/2003	56	Judgment {together with the “published decision”} entered, pursuant to Rule 58, in favor of defendant and the complaint is dismissed. Each party to bear its own costs. (Signed by Clerk). Copy to parties. (LD) (Entered: 03/14/2003)
03/14/2003		Case closed (LD) (Entered: 03/14/2003)
03/28/2003	57	Motion for Reconsideration – Rule 59(a) re [55] Published Decision and [56] Judgment by El-Shifa Pharmaceutical Industries Company and Salah El Din Ahmed Mohammed Idris. Service: 3/28/03. (dw1,) (Entered: 04/02/2003)
04/14/2003	58	Order denying [57] Motion for Reconsideration – Rule 59(a). Signed by Judge Lawrence M. Baskir. (lrd) (Entered: 04/22/2003)
05/12/2003	59	Notice of Appeal by El-Shifa Pharmaceutical Industries Company, Salah El Din Ahmed Mohammed Idris. Filing fee $ 105.00, receipt number 057440. Copies to judge, opposing party and CAFC. (hw1,) (Entered: 05/12/2003)
05/22/2003	60	CAFC Case Number 03-5098 for [59] Notice of Appeal filed by El-Shifa Pharmaceutical Industries Company, Salah El Din Ahmed Mohammed Idris. (hw1,) (Entered: 05/22/2003)
01/04/2005	61	Mandate of CAFC affirming [55] Published Decision. (hw1,) (Entered: 01/13/2005)

It is as much the duty of government to render prompt justice against itself, in favor of citizens, as it is to administer the same between private individuals.

Abraham Lincoln (U.S. President, March 4 1861-1865 April 15), first annual message to Congress, printed, “Message of the President” (December 3 1861), Appendix to the Congressional Globe, pages 1-4, at 2 (U.S. Congress 37-2), reprinted, A Compilation of the Messages and Papers of the Presidents 1789-1897 {LCCN: 01002728}, volume 6 (Lincoln, Johnson) (U.S. GPO, Washington D.C., 1897) (U.S. Congressional Serial Set, volume 3265-6, U.S. Congress 53-2, House misc. doc. no. 210, 10 volumes).

“The United States Court of Federal Claims has endeavored to serve our Nation and to embody the spirit of Abraham Lincoln’s message to the Congress in 1861.”

Edward J. Damich, Chief Judge, U.S. Court of Federal Claims

Source: http://www.uscfc.uscourts.gov/, civil case number 00-cv-00443, U.S. Court of Federal Claims (WebPACER: ‘Public Access to Court Electronic Records,’ San Antonio Texas, access chargeable). Note: The papers in this case are not filed electronically and are not otherwise available on the internet from the Court or elsewhere; 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}.

This case: El-Shifa Pharmaceutical Industries Company v. United States (U.S. missile-strike on Sudan, August 20 1998) (Article I, U.S. Court of Federal Claims), refused to adjudicate, 55 Fed. Cl. 751 (C.F.C., No. 00-cv-00443, March 14 2003, complaint filed, July 27 2000, reconsideration denied, April 14 2003), affirmed refusal to adjudicate, 378 F.3d 1346 (Fed. Cir., No. 03-5098, August 11 2004, appeal docketed, May 19 2003, rehearing and rehearing en banc denied, December 28 2004), refused to review refusal to adjudicate, certiorari denied, 545 U.S. 1139 {10.44mb.pdf} (U.S., No. 04-1291, June 27 2005, petition docketed, March 25 2005).

Related case: El-Shifa Pharmaceutical Industries Company v. United States (U.S. missile-strike on Sudan, August 20 1998) (Article III, U.S. District Court), refused to adjudicate (D.D.C., No. 01-cv-731, November 29 2005, complaint filed, April 4 2001, motion to alter judgment denied, March 28 2007), appeal docketed, May 31 2007, briefs filed, Jan. 18, Feb. 21, March 4, 2008, oral argument, April 7 2008, affirmed refusal to adjudicate, March 27 2009 {98.2kb.pdf, source} (D.C. Cir., No. 07-5174).

added ←

Related case: Idris v. U.S. Treasury Department (the owner of El-Shifa), filed, Feb. 26 1999 (D.D.C., No. 99-cv-472), dismissed as moot, May 5 1999) (blocked bank accounts, unblocked by the U.S. government, to avoid answering this complaint).

This document is not copyrighted and may be freely quoted.

CJHjr

Charles Judson Harwood Jr.

Posted May 2 2003. Updated May 8 2009.

http://homepage.ntlworld.com/jksonc/docs/el-shifa-docket-cfc-00cv443.html

Plaintiff-Appellant	Represented by

El-Shifa Pharmaceutical Industries Company, and	Stephen Joseph Brogan Jones, Day, et al 51 Louisiana Avenue, N.W. Washington, DC 20001-2113 (202) 879-3939 Lead attorney attorney to be noticed

Salah El Din Ahmed Mohammed Idris	Stephen Joseph Brogan (See above for address) Lead attorney
v.
Defendant	Represented by

The United States of America	Peter H. Oppenheimer U. S. Department of Justice Environment and Natural Resources Division P.O. Box 663 Ben Franklin Station Washington, DC 20044-0663 Lead attorney attorney to be noticed

PACER Service Center
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04/10/2008 19:13:21
PACER Login:	CJHjr	Client Code:	El-Shifa
Description:	Docket	Case Number:	00-cv-00443
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**Docket sheet: April 10 2008 El-Shifa, refused to adjudicate, 55 Fed. Cl. 751 (2003), affirmed, 378 F.3d 1346 (Fed. Cir. 03-5098, 2004) (U.S. missile-strike on Sudan, August 20 1998).**

United States Court of Federal Claims (Washington, D.C.)

El-Shifa Pharmaceutical, et al v. USA Civil Docket For Case #: 1:00-cv-00443-LMB

Case ID

Docket

It is as much the duty of government to render prompt justice against itself, in favor of citizens, as it is to administer the same between private individuals.

Related case: Idris v. U.S. Treasury Department (the owner of El-Shifa), filed, Feb. 26 1999 (D.D.C., No. 99-cv-472), dismissed as moot, May 5 1999) (blocked bank accounts, unblocked by the U.S. government, to avoid answering this complaint).