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Jury, Type-E
Assigned to: Judge Judge Rosemary M. Collyer
| Referred to: | Date Filed: 09/10/2001 |
| Demand: $1,000,000 | Jury Demand: Both |
| Lead Docket: None | Nature of Suit: |
| Related Cases: None | 890 Other Statutory Actions |
| Case in other court: None | Jurisdiction:
U.S. Government Defendant |
| Cause: 28:1331 Fed. Question: Civil Rights Violation | |
| Plaintiff | Represented by |
| Rene Schneider |
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 |
| Raúl Schneider
Plaintiff-Appellant José Pertierra, Personal representative of the estate of General René Schneider, deceased |
Michael Edward Tigar
(See above for address) Lead attorney Attorney to be noticed |
v. | |
| Defendant | Represented by |
| Henry Alfred Kissinger |
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 |
| Richard Mcgarrah Helms
Terminated: 11/12/02 United States of America |
Richard Montague
(See above for address) Lead attorney Attorney to be noticed |
| Date | # | Docket Entry |
| 09/10/2001 | 1 | Complaint filed by plaintiff Rene Schneider, plaintiff Raul Schneider, plaintiff Jose Pertierra; jury demand (cas) [Entry date 09/17/01] |
| 09/10/2001 | — | Summons (2) issued to federal party(s) federal defendant Henry Alfred Kissinger, federal defendant Richard Mcgarrah Helms, and non-parties: U.S. Attorney and U.S. Attorney General. (ks) [Entry date 10/04/01] |
| 10/09/2001 | 2 | Return of Service/Affidavit of summons and complaint executed upon U.S. Attorney on 9/10/01 (cdw) [Entry date 10/11/01] |
| 10/09/2001 | 3 | Return of Service/Affidavit of summons and complaint executed on 9/14/01 upon federal defendant Henry Alfred Kissinger (cdw) [Entry date 10/11/01] |
| 10/09/2001 | 4 | Return of Service/Affidavit of summons and complaint executed upon U.S. Attorney General on 9/14/01 (cdw) [Entry date 11/05/01] |
| 10/09/2001 | 5 | Return of Service/Affidavit of summons and complaint executed on 9/13/01 upon federal defendant Richard Mcgarrah Helms (cdw) [Entry date 11/05/01] |
| 11/09/2001 | 6 | Attorney Appearance for federal defendant Henry Alfred Kissinger, federal defendant Richard Mcgarrah Helms by Richard Montague (cdw) [Entry date 11/14/01] |
| {11/09/2001 | — | Certification of Scope of Employment by John Lodge Euler (Acting Director Torts Branch, Civil Division, U.S. DoJ) that federal defendants Henry Alfred Kissinger and Richard Mcgarrah Helms “were acting within the scope of federal office or employment at the time of the incident out of which the plaintiffs’ claims arose”. Omitted from the docket-sheet but filed together with the Motion to Dismiss (next item) according to its footnote 2).
Note: On this principle, Adolph Hitler was not personally accountable for his orders to murder 7 million people during World War 2. Nor were any of the individuals in his chains-of-command who carried-out his orders, or acted on their own initiative to accomplish his objectives, “within the scope of federal office or employment at the time of the incident”. –CJHjr} |
| 11/9/2001 | 7 | Motion filed by federal defendant Henry Alfred Kissinger, federal defendant Richard Mcgarrah Helms to dismiss complaint [1-1] (cdw) [Entry date 11/14/01] |
| 11/16/2001 | 8 | Motion filed by plaintiffs to extend time to 12/17/01 to file responsive pleadings (cdw) [Entry date 11/19/01] |
| 11/21/2001 | 9 | Order by Judge Henry H. Kennedy : granting motion to extend time to 12/17/01 to file responsive pleadings [8-1] by Jose Pertierra, Raul Schneider, Rene Schneider (N) (dcn) |
| 12/17/2001 | 10 | Response by plaintiffs in opposition to motion to dismiss complaint [1-1] [7-1] by Richard Mcgarrah Helms, Henry Alfred Kissinger; affidavits (1) (cdw) [Entry date 12/19/01] [Edit date 12/19/01] |
| 12/17/2001 | 11 | Motion {together with the preceeding item} filed by plaintiffs to strike certification of scope of employment; affidavits (1) (cdw) [Entry date 12/19/01] |
| 12/20/2001 | 12 | Meet and Confer Statement/Report Pursuant To L.R.16 filed by plaintiff Rene Schneider, plaintiff Raul Schneider, plaintiff Jose Pertierra, federal defendant Henry Alfred Kissinger, federal defendant Richard Mcgarrah Helms. (cdw) [Entry date 12/26/01] |
| 12/28/2001 | 13 | Scheduling Order by Judge Henry H. Kennedy defendants reply memorandum in support of their motion to dismiss due 1/31/02; (N) (dcn) |
| 01/31/2002 | 14 | Reply by federal defendant Henry Alfred Kissinger, federal defendant Richard Mcgarrah Helms in support of motion to dismiss complaint [1-1] [7-1] by Richard Mcgarrah Helms, Henry Alfred Kissinger (cdw) [Entry date 02/01/02] |
| 01/31/2002 | — | Order by Judge Henry H. Kennedy, allowing statement by plaintiff René Schneider authorizing law student Caeb Colravy to appear in court or at other proceedings and to prepare documents on their behalf. (fiat) (N) (dcn) [Entry date 02/19/02] |
| 02/13/2002 | — | Order by Judge Henry H. Kennedy, allowing statement by plaintiff René Schneider authorizing law student Alison Hillman to appear in court or at other proceedings and to prepare documents on their behalf. (fiat) (N) (dcn) [Entry date 02/19/02] |
| 02/13/2002 | — | Order by Judge Henry H. Kennedy, allowing statement by plaintiff René Schneider authorizing law student Virginia Sadler to appear in court or at other proceedings and to prepare documents on their behalf. (fiat) (N) (dcn) [Entry date 02/19/02] |
| 02/13/2002 | — | Order by Judge Henry H. Kennedy, allowing statement by plaintiff René Schneider authorizing law student Steven Ragland to appear in court or at other proceedings and to prepare documents on their behalf. (fiat) (N) (dcn) [Entry date 02/19/02] |
| 07/03/2002 | 15 | Motion filed by plaintiffs for a Court order pursuant to 36 C.F.R. § 1275.34 {July 1 2002: 2kb.txt, 35kb.pdf; current rule: 2kb.txt, 28kb.pdf} to obtain access to the Kissinger transcripts located at the National Archives and Records Administration; exhibits (5) (cdw) [Entry date 07/09/02] |
| 07/15/2002 | 16 | Motion filed by federal defendants to extend time for seven days in which to file a memorandum in opposition to plaintiffs’ motion for a Court order pursuant to 36 C.F.R. § 1275.34 {July 1 2002: 2kb.txt, 35kb.pdf; current rule: 2kb.txt, 28kb.pdf} to obtain access to the Kissinger transcripts (cdw) [Entry date 07/16/02] |
| 07/23/2002 | 17 | Order by Judge Henry H. Kennedy : granting motion to extend time to 7/24/02 in which to file a memorandum in opposition to plaintiffs’ motion for a Court order pursuant to 36 C.F.R. § 1275.34 {July 1 2002: 2kb.txt, 35kb.pdf; current rule: 2kb.txt, 28kb.pdf} to obtain access to the Kissinger transcripts [16-1] by Richard Mcgarrah Helms, Henry Alfred Kissinger (N) (dcn) [Entry date 07/24/02] |
| 07/24/2002 | 18 | Memorandum by federal defendants Henry Alfred Kissinger, Richard Mcgarrah Helms in opposition to motion for a Court order pursuant to 36 C.F.R. § 1275.34 {July 1 2002: 2kb.txt, 35kb.pdf; current rule: 2kb.txt, 28kb.pdf} to obtain access to the Kissinger transcripts located at the National Archives and Records Administration [15-1] by Jose Pertierra, Raul Schneider, Rene Schneider (bcs) [Entry date 07/25/02] |
| 08/02/2002 | 19 | Statement filed by plaintiffs authorizing law students Meghan Collotar, Megan Hagler, Anita Sarah Jackson, Dan Jawar, Andrew Rapp, Francisco Rivera and Julia Scarpino to appear in Court or at other proceedings and to prepare documents on their behalf (cdw) [Entry date 08/05/02] |
| 08/05/2002 | 20 | Reply by plaintiffs to response in opposition to motion for a Court order pursuant to 36 C.F.R. § 1275.34 {July 1 2002: 2kb.txt, 35kb.pdf; current rule: 2kb.txt, 28kb.pdf} to obtain access to the Kissinger transcripts located at the National Archives and Records Administration [15-1] by Jose Pertierra, Raul Schneider, Rene Schneider (cdw) [Entry date 08/07/02] |
| 08/30/2002 | 21 | Order by Judge Henry H. Kennedy : denying motion for a Court order pursuant to 36 C.F.R. § 1275.34 {July 1 2002: 2kb.txt, 35kb.pdf; current rule: 2kb.txt, 28kb.pdf} to obtain access to the Kissinger transcripts located at the National Archives and Records Administration [15-1] by Jose Pertierra, Raul Schneider, Rene Schneider (N) (adc) |
| 11/12/2002 | 22 | Notice of supplemental authority by plaintiffs (cdw) [Entry date 11/14/02] |
| 11/12/2002 | 23 | Suggestion of death of federal defendant Richard Mcgarrah Helms (cdw) [Entry date 11/14/02] |
| 11/12/2002 | 24 | Amended complaint by plaintiffs, adding federal defendant USA, and amending complaint [1-1]; jury demand (cdw) [Entry date 11/14/02] |
| 11/25/2002 | 25 | Agreed motion filed by federal defendants to extend time to answer amended complaint [24-1], and to establish schedule (cdw) [Entry date 11/27/02] |
| 12/04/2002 | 26 | Order by Judge Henry H. Kennedy : granting motion to extend time to answer amended complaint [24-1] [25-1] by USA, Henry Alfred Kissinger; Answer extended to 1/17/03 for USA, for Richard Mcgarrah Helms, for Henry Alfred Kissinger (N) (dcn) [Entry date 12/09/02] |
| 12/12/2002 | 27 | Renewed Motion filed by federal defendants Henry Alfred Kissinger, and USA to dismiss (bm) [Entry date 12/13/02] |
| 12/19/2002 | — | Case Reassigned from Judge Henry H. Kennedy to Judge Rosemary M. Collyer (nmr) [Entry date 12/20/02] |
| 01/17/2003 | 28 | Response by plaintiffs in opposition to motion to dismiss [27-1] by USA, Henry Alfred Kissinger. (rje) [Entry date 01/21/03] |
| 02/05/2003 | 29 | Reply by federal defendants in support of their motion to dismiss [27-1] by USA, Henry Alfred Kissinger (cdw) [Entry date 02/10/03] |
| 02/13/2004 | 30 | Civil Statement from plaintiff Rene Schneider authorizing law students Brittany Benowitz, Joanna Burke-Hall, Karen Heymann, Carol Mitchell and David Newman to appear in court or at other proceedings and to prepare documents on his behalf. (Attachments: # 1 Exhibit A)(rje) (Entered: 02/24/2004) |
| 02/13/2004 | — | Order (Fiat) granting Statement 30 by plaintiff Rene Schneider authorizing law students Brittany Benowitz, Joanna Burke-Hall, Karen Heymann, Carol Mitchell and David Newman to appear in court or at other proceedings and to prepare documents on his behalf. Signed by Judge Rosemary M. Collyer on 2/13/04. (rje) (Entered: 02/24/2004) |
| 03/30/2004 | 31 | Memorandum Opinion {205kb.pdf}. Signed by Judge Rosemary M. Collyer on 3/30/04. (dsj) (Entered: 03/30/2004) |
| 03/30/2004 | 32 | Order {together with the above opinion} granting [7] [27] Motions to Dismiss and denying [11] Motion to Strike Certification. Signed by Judge Rosemary M. Collyer on 3/30/04. (dsj) (Entered: 03/30/2004) |
| 05/24/2004 | 33 | Notice of Appeal as to 32 Order on Motion to Dismiss, Order on Motion to Strike, by Jose Pertierra, Raul Schneider, Rene Schneider. Filing fee $ 255, receipt number 124439. (rje) (Entered: 05/25/2004) |
| 05/25/2004 | — | Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 33 Notice of Appeal (rje) (Entered: 05/25/2004) |
| 06/01/2004 | — | USCA Case Number 04-5199 for 33 Notice of Appeal filed by Rene Schneider, Raul Schneider, Jose Pertierra. (rje) (Entered: 06/03/2004) |
| 10/07/2005 | 34 | USCA Judgment (certified copy) {48kb.pdf} as to 33 Notice of Appeal filed by Rene Schneider, Raul Schneider, Jose Pertierra; It is hereby ordered that the judgment of the District Court appealed from in this cause is hereby affirmed; USCA#04-5199 (jsc) (Entered: 10/17/2005) |
| PACER Service Center | |||
| Transaction Receipt | |||
| 02/27/2008 22:09:17 | |||
| PACER Login: | CJHjr | Client Code: | Schneider |
| Description: | Docket | Case Number: | 01-CV-01902 |
| Billable Pages: | 3 | Cost: | 0.24 |
Source: https://ecf.dcd.uscourts.gov/cgi-bin/DktRpt.pl?14512, Case Number: 01-1902 (WebPACER: ‘Public Access to Court Electronic Records’, U.S. District Court for the District of Columbia, access chargeable). Note: A PDF copy (signed and dated) of the linked orders in this case are available online from the Court (with a PACER account, chargeable); the other 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}, text beside a green bar ( ), highlighting.
Commentary: U.S.-Chile: The murder of René Schneider
This document is not copyrighted and may be freely copied.
Charles Judson Harwood Jr.
Posted Nov. 3 2002. Updated May 17 2008.
http://homepage.ntlworld.com/jksonc/docs/schneider-docket.html
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