TOOLEY v. BUSH et al
Federal Civil Lawsuit District Of Columbia District Court, Case No. 1:06-cv-00306-CKK
District Judge Colleen Kollar-Kotelly, presiding

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No Logo SCOTT TOOLEY, Plaintiff

Toggle Switch Represented by Klayman & Associates

Name Phone Fax E-Mail
Space Larry Klayman +1 202 646 5160 +1 305 579 3454 leklayman@bellsouth.net
v.
No Logo Alberto Gonzales, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Rupa Bhattacharyya +1 202 514 3146 +1 202 318 7593 rupa.bhattacharyya@usdoj.gov
Bush, George Walker Bush, George Walker, Defendant
Officially listed as "GEORGE W. BUSH"
No Logo KIP HAWLEY, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Rupa Bhattacharyya +1 202 514 3146 +1 202 318 7593 rupa.bhattacharyya@usdoj.gov
No Logo Michael Chertoff, Defendant

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Rupa Bhattacharyya +1 202 514 3146 +1 202 318 7593 rupa.bhattacharyya@usdoj.gov
Hayden, Michael V. Hayden, Michael V., Defendant
Officially listed as "MICHAEL HAYDEN"
Motorola, Inc. Unknown Role, Motorola, Inc.
Cheney, Richard B. Cheney, Richard B., Defendant
Officially listed as "RICHARD CHENEY"
Office Washington, DC
Filed 2/21/2006
Jury Demand None
Demand
Nature of Suit 895 - Freedom of Information Act
Cause Section 05 U.S.C. § 552 Freedom of Information Act
Jurisdiction U.S. Government Defendant
Disposition Dismissed - Other
County 88888
Terminated 12/21/2006
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case '07-5080'[]
Def Custody Status
Flags APPEAL, CLOSED, TYPE-I
  Entries (38) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 6/22/2007, Entered: 1/16/2008 Notice of Corrected Docket Entry
NOTICE OF CORRECTED DOCKET ENTRY: re Status Conference, Entry entered in the incorrect case.(lm, )
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    Blank -- Filed: 6/22/2007, Entered: 6/22/2007 Status Conference
    ENTERED IN ERROR.....Minute Entry. Proceedings held before Magistrate Judge Deborah A. Robinson : Status Conference conducted on 6/22/2007; Mediation is extended to 7/23/07; Counsel for Plaintiff shall file notice of filing and a proposed order no later than 5:00 pm on 6/25/07; Absent settlement, all counsel shall appear for Status Conference set for 7/24/2007 at 03:00 PM in Courtroom 4 before Magistrate Judge Deborah A. Robinson. (Court Reporter Pro-typists.) (lm ) Modified on 1/16/2008 (lm, ).
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      Blank -- Filed: 3/15/2007, Entered: 3/16/2007 USCA Case Number
      USCA Case Number 07-5080 for [23] Notice of Appeal, filed by SCOTT TOOLEY. (td, )
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        Blank -- Filed: 3/13/2007, Entered: 3/13/2007 Transmission of Notice of Appeal and Docket Sheet
        Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re [23] Notice of Appeal, (td, )
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          Legal Document 23 Filed: 2/13/2007, Entered: 2/13/2007 Notice of Appeal
          NOTICE OF APPEAL as to [21] Order on Motion to Dismiss,,,, Order on Motion for Summary Judgment,,,, Order on Motion for Hearing,,, by SCOTT TOOLEY. Filing fee $ 455, receipt number 1116386. Fee Status: Fee Paid. Parties have been notified. (Klayman, Larry)
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            Legal Document 22 Filed: 12/21/2006, Entered: 12/21/2006 Memorandum and OpinionCourt Filing
            MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on December 21, 2006. (lcckk2)
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              Legal Document 21 Filed: 12/21/2006, Entered: 12/21/2006 Order on Motion to DismissCourt Filing
              ORDER granting [7] the motion for summary judgment brought by Attorney General Alberto Gonzales, Secretary of the Department of Homeland Security Michael Chertoff, and Administrator of the Transportation Security Administration Edmund ("Kip") Hawley in their official capacities (collectively, the "Defendants") as to Count IV of Plaintiff's Complaint; and granting [6] Defendants' motion to dismiss pursuant to Federal Rules of Civil Procedure Rule 12(b)(1), as Plaintiff lacks Article III standing with respect to his claims regarding wiretapping and physical surveillance, and this Court lacks subject matter jurisdiction to review and issue the relief sought in Plaintiff's claims regarding TSA watch lists. Signed by Judge Colleen Kollar-Kotelly on December 21, 2006. (lcckk2)
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                Blank -- Filed: 12/21/2006, Entered: 12/21/2006 Order
                MINUTE ENTRY ORDER (paperless). The Court having granted [7] Defendants' motion for summary judgment as to Count IV of Plaintiff's Complaint and [6] Defendants' motion to dismiss as to Counts I, II, and III of Plaintiff's Complaint, the instant case is DISMISSED in its entirety. THIS IS A FINAL, APPEALABLE ORDER. Signed by Judge Colleen Kollar-Kotelly on December 21, 2006. (lcckk2)
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                  Blank -- Filed: 12/21/2006, Entered: 12/21/2006 Order
                  MINUTE ENTRY ORDER (paperless). In light of the Court's December 21, 2006 Memorandum Opinion and Order granting Defendants' motions for summary judgment and dismissal as to Plaintiff's Complaint, [17] Plaintiff's Motion for Status Conference and Oral Argument is hereby denied as moot. Signed by Judge Colleen Kollar-Kotelly on December 21, 2006. (lcckk2)
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                    Blank 20 Filed: 12/15/2006, Entered: 12/18/2006 Notice of Voluntary Dismissal
                    NOTICE of Voluntary Dismissal without Prejudice as to Individual Defendants by SCOTT TOOLEY. (Please see Document No. [19] for scanned image). (nmw, ) Modified on 12/18/2006 (nmw, ).
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                      Legal Document 19 Filed: 12/15/2006, Entered: 12/15/2006 ~Notice (other)
                      NOTICE of Filing of Response to Rule 4(m) Order and Notice of Voluntary Dismissal without Prejudice as to Individual Defendants by SCOTT TOOLEY (Klayman, Larry)
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                        Legal Document 18 Filed: 11/30/2006, Entered: 11/30/2006 OrderCourt Filing
                        ORDER. Counts I, II and III of Plaintiff's Complaint assert claims against six Defendants -- President George W. Bush, Vice President Richard B. Cheney, Attorney General Alberto Gonzales, Secretary of the Department of Homeland Security Michael Chertoff, Administrator of the Transportation Security Administration Edmund ("Kip") Hawley, and former head of the National Security Agency, Lieutenant General Michael Hayden, in their individual capacities. However, there is no record that a copy of the Complaint has been served on any Defendant in his individual capacity. Government counsel has filed a motion to dismiss and for summary judgment on behalf of Attorney General Gonzales, Secretary Chertoff, and Administrator Hawley, but has indicated that these three Defendants are represented solely in their official capacities. No affidavit of service has been filed to demonstrate that any Defendants have been served in their individual capacities. Furthermore, the Court notes that service on Attorney General Gonzales, Secretary Chertoff, and Administrator Hawley in their official capacities does not suffice as service on those Defendants in their individual capacities. As it has now been two hundred and eighty-two days (282) since the Complaint was filed, and Plaintiff was required to make service upon the Defendants in their individual capacities by June 21, 2006, it is hereby ORDERED that by December 15, 2006, Plaintiff must either file proof of service on all Defendants in their individual capacities with the Court, or file a response with the Court as to the service issue. Signed by Judge Colleen Kollar-Kotelly on November 30, 2006. (lcckk2)
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                          Legal Document 17 Filed: 10/19/2006, Entered: 10/19/2006, Terminated: 12/21/2006 Motion for Hearing
                          MOTION for Hearing and Status Conference by SCOTT TOOLEY. (Klayman, Larry)
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                            Legal Document 16 Filed: 10/16/2006, Entered: 10/16/2006 Reply to opposition to Motion
                            REPLY to opposition to motion re [6] MOTION to Dismiss and for Summary Judgment, [7] MOTION for Summary Judgment filed by ALBERTO GONZALES, MICHAEL CHERTOFF, KIP HAWLEY. (Attachments: # (1) Exhibit A DHS Org Chart)(Bhattacharyya, Rupa)
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                              Blank -- Filed: 9/14/2006, Entered: 9/14/2006 Order on Motion for Extension of Time to File Resp
                              MINUTE ENTRY ORDER (Paperless) granting [15] Motion for Extension of Time in Which to File Reply in Support of Motion to Dismiss and for Summary Judgment. Defendants shall have until and including October 16, 2006, to file its reply brief. Signed by Judge Colleen Kollar-Kotelly on September 14, 2006. (SM)
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                                Legal Document 15 Filed: 9/13/2006, Entered: 9/13/2006, Terminated: 9/14/2006 Motion for Extension of Time to File Response/Repl
                                MOTION for Extension of Time to File Response/Reply as to [6] MOTION to Dismiss and for Summary Judgment, [7] MOTION for Summary Judgment by ALBERTO GONZALES, MICHAEL CHERTOFF, KIP HAWLEY. (Attachments: # (1) Text of Proposed Order)(Bhattacharyya, Rupa)
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                                  Legal Document 14 Filed: 9/1/2006, Entered: 9/1/2006 Memorandum in Opposition
                                  Memorandum in opposition to re [6] MOTION to Dismiss and for Summary Judgment, [7] MOTION for Summary Judgment filed by SCOTT TOOLEY. (Attachments: # (1) Affidavit of J. Anthony Kendrick# (2) Affidavit Catrina M. Pavlick# (3) Affidavit Scott Tooley# (4) Statement of Facts)(Klayman, Larry)
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                                  Blank -- Filed: 8/29/2006, Entered: 8/29/2006 Order on Motion for Extension of Time to File Resp
                                  MINUTE ENTRY ORDER (Paperless) granting [13] Plaintiff's Motion for Extension of Time to File Response to Defendants' Motion to Dismiss, until and including Septembe 1, 2006. Signed by Judge Colleen Kollar-Kotelly on August 29, 2006. (SM)
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                                    Legal Document 13 Filed: 8/28/2006, Entered: 8/28/2006, Terminated: 8/29/2006 Motion for Extension of Time to File Response/Repl
                                    MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss and Motion for Summary Judgment by SCOTT TOOLEY. (Attachments: # (1) Text of Proposed Order on Plaintiff's Motion for Extension of Time)(Klayman, Larry)
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                                      Blank -- Filed: 8/24/2006, Entered: 8/24/2006 Order on Motion for Extension of Time to File Resp
                                      MINUTE ORDER (paperless): For good cause shown, it is hereby ORDERED that [12] Plaintiff's Consent Motion for Extension of Time to File a Response to Defendants' Motion to Dismiss and Motion for Summary Judgment is GRANTED NUNC PRO TUNC. Plaintiff's Response shall be due by Tuesday, August 29, 2006, as requested. Signed by Judge Colleen Kollar-Kotelly on August 24, 2006. (lcckk2)
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                                        Legal Document 12 Filed: 8/8/2006, Entered: 8/8/2006, Terminated: 8/24/2006 Motion for Extension of Time to File Response/Repl
                                        Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss and Motion for Summary Judgment by SCOTT TOOLEY. (Attachments: # (1) Text of Proposed Order Proposed Order on Consent Motion for Extension of Time)(Klayman, Larry)
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                                        Blank -- Filed: 7/11/2006, Entered: 7/11/2006 Order on Motion for Extension of Time to File Resp
                                        MINUTE ENTRY ORDER (Paperless) granting nunc pro tunc 2nd [11] Consent Motion for Extension of Time to File Response to Defendants' Motion to Dismiss and for Summary Judgment; Plaintiff shall have until and including August 9, 2006, to File a Response to Defendants' motion. Signed by Judge Colleen Kollar-Kotelly on July 11, 2006. (SM)
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                                          Legal Document 11 Filed: 7/7/2006, Entered: 7/7/2006, Terminated: 7/11/2006 Motion for Extension of Time to File Response/Repl
                                          Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss and for Summary Judgment by SCOTT TOOLEY. (Klayman, Larry)
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                                            Blank -- Filed: 6/16/2006, Entered: 6/16/2006 Order on Motion for Extension of Time to File Resp
                                            MINUTE ENTRY ORDER (Paperless) granting [10] Consent Motion for Extension of Time to Respond to Defendants' Motion to Dismiss and for Summary Judgment; Plaintiff shall have until and including July 10, 2006, to Respond to Defendants' Motion to Dismiss and for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on June 16, 2006. (SM)
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                                              Legal Document 10 Filed: 6/14/2006, Entered: 6/14/2006, Terminated: 6/16/2006 Motion for Extension of Time to File Response/Repl
                                              Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss and for Summary Judgment by SCOTT TOOLEY. (Klayman, Larry)
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                                                Blank -- Filed: 5/15/2006, Entered: 5/15/2006 Order on Motion for Extension of Time to File Resp
                                                MINUTE ENTRY ORDER [PAPERLESS] granting [9] Consent Motion for Extension of Time to File Response to Defendants' Motion to Dismiss and for Summary Judgment. Plaintiff shall have until and including June 19, 2006, to file his response. Signed by Judge Colleen Kollar-Kotelly on May 15, 2006. (SM)
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                                                  Legal Document 9 Filed: 5/11/2006, Entered: 5/11/2006, Terminated: 5/15/2006 Motion for Extension of Time to File Response/Repl
                                                  Consent MOTION for Extension of Time to File Response/Reply by SCOTT TOOLEY. (Klayman, Larry)
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                                                    Legal Document 8 Filed: 5/2/2006, Entered: 5/2/2006 ERRATA
                                                    ERRATA by ALBERTO GONZALES, MICHAEL CHERTOFF, KIP HAWLEY [6] MOTION to Dismiss and for Summary Judgment filed by ALBERTO GONZALES,, MICHAEL CHERTOFF,, KIP HAWLEY,. (Bhattacharyya, Rupa)
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                                                      Blank 7 Filed: 5/1/2006, Entered: 5/2/2006, Terminated: 12/21/2006 Motion for Summary Judgment
                                                      MOTION for Summary Judgment by ALBERTO GONZALES, MICHAEL CHERTOFF, KIP HAWLEY. (Please see Document No. 6 for scanned images). (nmw, )
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                                                        Legal Document 6 Filed: 5/1/2006, Entered: 5/1/2006, Terminated: 12/21/2006 Motion to Dismiss
                                                        MOTION to Dismiss and for Summary Judgment by ALBERTO GONZALES, MICHAEL CHERTOFF, KIP HAWLEY. (Attachments: # (1) Statement of Facts # (2) Exhibit A -- Hardy Declaration# (3) Exhibit B -- Ciccone Declaration# (4) Exhibit C -- Hsu Declaration# (5) Exhibit D -- Kendrick Declaration# (6) Exhibit E -- Pavlick Declaration)(Bhattacharyya, Rupa)
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                                                        Blank -- Filed: 4/14/2006, Entered: 4/14/2006 Order on Motion for Miscellaneous Relief
                                                        MINUTE ORDER (paperless): Given the Court's April 13, 2006 Order granting the Government additional time to respond to Plaintiff's Complaint, the Court shall deny without prejudice [4] Plaintiff's Motion for a Status Conference. Signed by Judge Colleen Kollar-Kotelly on April 14, 2006. (lcckk2)
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                                                          Legal Document 5 Filed: 4/13/2006, Entered: 4/13/2006 ~Notice (other)
                                                          NOTICE of Request for Status Conference by SCOTT TOOLEY (Klayman, Larry)
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                                                            Blank -- Filed: 4/13/2006, Entered: 4/13/2006 Order on Motion for Extension of Time to
                                                            MINUTE ENTRY ORDER [PAPERLESS] granting [2] Motion for Extension of Time to Answer/Respond to Plaintiff's Claims Under the Freedom of Information Act; Defendant shall have until and including May 1, 2006, to respond. Signed by Judge Colleen Kollar-Kotelly on April 13, 2006. (SM)
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                                                              Legal Document 4 Filed: 3/27/2006, Entered: 3/30/2006 Motion for Miscellaneous Relief
                                                              MOTION for status conference by SCOTT TOOLEY. (td, )
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                                                                Legal Document 3 Filed: 3/27/2006, Entered: 3/27/2006 OrderCourt Filing
                                                                ORDER Establishing Procedures for Electronic Filing for Cases Assigned to Judge Colleen Kollar-Kotelly signed on March 27, 2006. (SM)
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                                                                  Legal Document 2 Filed: 3/27/2006, Entered: 3/27/2006, Terminated: 4/13/2006 Motion for Extension of Time to
                                                                  MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Claims under the Freedom of Information Act by ALBERTO GONZALES, MICHAEL CHERTOFF, KIP HAWLEY. (Bhattacharyya, Rupa)
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                                                                    Legal Document 1 Filed: 2/21/2006, Entered: 2/23/2006 Complaint
                                                                    COMPLAINT against GEORGE W. BUSH, RICHARD CHENEY, ALBERTO GONZALES, MICHAEL CHERTOFF, KIP HAWLEY, MICHAEL HAYDEN (Filing fee $ 250) filed by SCOTT TOOLEY.(td, )
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                                                                      Blank -- Filed: 2/21/2006, Entered: 2/23/2006 Summons Issued as to AUSA
                                                                      SUMMONS (7) Issued as to GEORGE W. BUSH, RICHARD CHENEY, ALBERTO GONZALES, MICHAEL CHERTOFF, KIP HAWLEY, MICHAEL HAYDEN, U.S. Attorney and U.S. Attorney General (td, )
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