Fielder v. Napolitano et al

Filing 11

Joint MOTION to Vacate March 9, 2011 Scheduling Conference by Plaintiff Gary D. Fielder, Defendants Janet Napolitano, John S. Pistole, Transportation Security Administration, United States Department of Homeland Security. (Attachments: # 1 Proposed Order (PDF Only))(Ulrich, Tamara)

Fielder v. Napolitano et al

Doc. 11

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 10-cv-2878-JLK-BNB GARY D. FIELDER, Plaintiff, v. JANET NAPOLITANO, in her official capacity as Secretary of Homeland Security, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, an agency of UNITED STATES OF AMERICA, JOHN PISTOLE, in his official capacity as Administrator of Transportation Security Administration, and TRANSPORTATION SECURITY ADMINISTRATION, an agency of UNITED STATES OF AMERICA, Defendants. ____________________________________________________________________________ JOINT MOTION TO VACATE THE MARCH 9, 2010 SCHEDULING/PLANNING CONFERENCE ____________________________________________________________________________ COME NOW all parties to move the Court to vacate the March 9, 2011 Scheduling Conference pending a Court ruling on Defendants' Motion to Dismiss. The reasons for the motion are as follows: 1) Plaintiff filed suit raising a Fourth Amendment claim against the screening procedures of the Transportation Security Authority (TSA). 2) On December 15, 2010, the Court issued a scheduling order setting a Rule 16(b)

Dockets.Justia.com

Scheduling Conference and a Rule 26(f) planning meeting. The order set deadlines of February 16, 2011 for the parties to meet and confer, March 2, 2011 for the parties to submit a proposed scheduling order, March 2, 2011 for the parties to comply with mandatory disclosure requirements, March 2, 2011 for the parties to submit a Confidential Settlement Statement to the Court, and March 9, 2011 for a scheduling/planning conference. 3) On January 18, 2011, the United States Attorneys' Office was served with the Amended Complaint. 4) On February 15, 2011, the parties conferred by telephone in accordance with the Court's December 15, 2010 Scheduling Order. 5) Counsel for Defendants informed Plaintiff that Defendants intend to file a motion to dismiss for lack of jurisdiction, pursuant to Fed. R. Civ. P. 12(b)(1). Specifically, Defendants will be arguing that, pursuant to 49 U.S.C. § 46110, exclusive jurisdiction over orders of the TSA relating to aviation security lies with the courts of appeals. 6) Defendants' response to the Complaint is due on March 21, 2011, and Defendants intend to file their motion on or before that date. 7) The parties agree that it would be appropriate for the Court to decide whether it has jurisdiction over the instant case prior to moving forward with the March 9, 2011 Scheduling/Planning Conference and it related obligations.

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Dated: February 28, 2011 Respectfully submitted, __/s/ Gary Fielder__________ Gary Fielder, 19757 5777 Olde Wadsworth Suite R-700 Arvada, CO 80002 [phone] fax [phone] [e-mail] Plaintiff /s/ Tamara Ulrich TAMARA L. ULRICH U.S. Department of Justice Civil Division, Federal Programs Branch P.O. Box 883 Washington, D.C. 20044 [phone] (telephone) Attorneys for Defendants TONY WEST Assistant Attorney General JOHN F. WALSH United States Attorney SANDRA M. SCHRAIBMAN Assistant Branch Director Civil Division, Federal Program Branch

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