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Vance v. Rumsfeld

Docket 1:06-cv-06964, Illinois Northern District Court (Dec. 18, 2006)
John W. Darrah, presiding
Civil Rights - Other
DivisionChicago
DemandBoth
Cause42:1981 Civil Rights
Case Type440 Civil Rights - Other
Tags440 Civil Rights, Other, 440 Civil Rights, Other
Plaintiff Donald Vance
Plaintiff Nathan Ertel
Defendant Donald Rumsfeld
...
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No. 308 MOTION by Defendants Donald Rumsfeld, United States of America for judgment (Attachments: # ...

Document Vance v. Rumsfeld, 1:06-cv-06964, No. 308 (N.D.Ill. Jul. 15, 2013)
Nathan Ertel, and the defendants, Donald Rumsfeld and the United States of America, jointly request that the Court enter final judgment in this case.
In an opinion dated July 29, 2009, this Court denied the United States’ motion to dismiss the sole claim against it.
In a decision dated November 7, 2012, the United States Court of Appeals for the Seventh Circuit reversed the judgment of this Court with respect to its denial of the United States’ motion to dismiss and its partial denial of defendant Rumsfeld’s motion to dismiss.
In light of the foregoing, the parties now request that the Court enter a final judgment of dismissal in this case.
Senior Trial Attorney United States Department of Justice Torts Branch, Civil Division P.O.
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No. 261 MEMORANDUM Opinion and Order Signed by the Honorable Wayne R. Andersen on 5/26/2010.(tsa, ) ...

Document Vance v. Rumsfeld, 1:06-cv-06964, No. 261 (N.D.Ill. May. 26, 2010)
Seeking the return of their personal property, Plaintiffs included in their complaint a single count against the United States under the Administrative Procedures Act ("APA").
However, there is a dearth of case law defining the legal scope of the military authority exception as neither the Seventh Circuit nor the Supreme Court has addressed this issue.
Additionally, the relevant statutory language is equally ambiguous as to what factual inquiry must be conducted to determine this Court's subject matter jurisdiction with regards to Plaintiffs' APA claim.
Whether the military authority exception applies to Plaintiffs' APA claim raises a question of sovereign immunity and this Court's corresponding jurisdiction over Defendant United States.
The following question meets the requirements of Section 1292(b): "If the plain language of the military authority exception, which prohibits judicial review of 'military authority exercised in the field in time of war or in occupied territory,' 5 U.S.C. § 701(b)(1)(G), preserves the United States' sovereign immunity and thereby acts as a subject matter jurisdiction bar to an APA claim for return of property seized by the United States military in Iraq during wartime?"
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No. 214 MEMORANDUM Opinion and Order Signed by the Honorable Wayne R. Andersen on 3/5/2010.(tsa, ) ...

Document Vance v. Rumsfeld, 1:06-cv-06964, No. 214 (N.D.Ill. Mar. 5, 2010)
While acknowledging that Iqbal compels courts to carefully scrutinize a plaintiff’s claim against high-ranking government officials, the Ninth Circuit nonetheless determined that the specific facts alleged by al-Kidd were sufficient to survive ...
Nonetheless, the Ninth Circuit recognized that the requirement of plausibility “does not impose a probability requirement at the pleading stage; it simply calls for enough fact to raise a reasonable expectation that discovery will reveal ...
There is no evidence in the record proffered by either party, and the court likewise has found none, that any alternative process exists to address the alleged constitutional deprivations suffered by plaintiffs in this case.
Plaintiffs argument that the UCMJ is nonetheless relevant because it demonstrates the feasibility of providing due process protections is not an equal protection argument.
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No. 164 MEMORANDUM Opinion and Order Signed by the Honorable Wayne R. Andersen on 7/29/2009.(tsa, ) ...

Document Vance v. Rumsfeld, 1:06-cv-06964, No. 164 (N.D.Ill. Jul. 29, 2009)
. Nonetheless, according to the United States, Plaintiffs have not alleged sufficient facts to show agency action in their Complaint.
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No. 89 MEMORANDUM Opinion and Order Signed by Judge Arlander Keys on 12/21/2007:(las, ) (Entered: ...

Document Vance v. Rumsfeld, 1:06-cv-06964, No. 89 (N.D.Ill. Dec. 21, 2007)
Case: 1:06-cv-06964 Document #: 89 Filed: 12/21/07 Page 1 of 31 PageID #:867 Case: 1:06-cv-06964 Document #: 89 Filed: 12/21/07 Page 2 of 31 PageID #:868 Case: 1:06-cv-0696
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No. 63 MEMORANDUM Opinion and Order Signed by Judge Wayne R. Andersen on 9/19/2007:(tsa, ) (Entered: ...

Document Vance v. Rumsfeld, 1:06-cv-06964, No. 63 (N.D.Ill. Sep. 19, 2007)
On April 14, 2006, armed SGS agents allegedly confiscated plaintiffs’ access cards which permitted them freedom of movement into the “Green Zone” and other United States compounds.
Plaintiffs claim to have contacted Nagel and Treadwell who instructed them to barricade themselves in a room in the SGS compound until United States forces could come rescue them.
On April 22nd, Vance and Ertel allegedly each received a notice stating that they were “security internees.” The letter informed Plaintiffs they had the right to appeal by submitting a written statement to camp officials.
Evaluation of the private and public factors that comprise a Section 1404(a) analysis demonstrates that a transfer of this case to the District of Columbia will not make this litigation "clearly more convenient.”
In addition to consideration of the number of potential witnesses located in any one district, courts also consider the nature and quality of their testimony on the issues that are actually in dispute in the case.
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