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Docket sheet: February 27 2008 Schneider, 310 F. Supp. 2d 251 (March 30 2004), subsequently, 412 F.3d 190 (No. 04-5199, June 28 2005) (U.S.-Chile, murder of René Schneider, Oct. 22 1970).


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.)

Jury, Type-E

Schneider, et al. v. Kissinger, et al.

Civil docket for case #: 01-CV-1902-RMC

Assigned to: Judge Rosemary M. Collyer

Appointed by President George W. Bush, Aug. 1 2002; approved by the Senate Judiciary Committee, Oct. 8 2002, following a hearing on Oct. 7 2002; confirmed by the Senate, Nov. 14 2002; case reassigned to her by the Court’s Calender Committee, Dec. 19 2002, from Judge Henry Harold Kennedy Jr.  CJHjr


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
 
PartiesLawyers

 

PlaintiffRepresented 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.
 
DefendantRepresented 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
 

Docket

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.

This case: Schneider v. Kissinger, complaint filed, Sept. 10 2001, refused to adjudicate, 310 F. Supp. 2d 251 (D.D.C., No. 01-cv-01902, March 30 2004), affirmed refusal to adjudicate, 412 F.3d 190 {justia, 64kb.pdf, 64kb.pdf} (D.C. Cir., No. 04-5199, June 28 2005), refused to review refusal to adjudicate, certiorari denied, 547 U.S. __ (U.S., No. 05-743, April 17 2006).

Commentary: U.S.-Chile: The murder of René Schneider

This document is not copyrighted and may be freely copied.

CJHjr

Charles Judson Harwood Jr.

Posted Nov. 3 2002. Updated May 8 2009.

http://homepage.ntlworld.com/jksonc/docs/schneider-docket.html

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