KUCINICH et al v. OBAMA et al

Filing 7

NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 11-1409. (Womack, Eric)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DENNIS KUCINICH, et al., ) ) Plaintiffs, ) ) v. ) ) BARACK OBAMA, et al., ) ) Defendants. ) ____________________________________) Case No. 1:11-cv-01096 (RBW) LOCAL RULE 40.5 NOTICE OF RELATED CASE Pursuant to Local Civil Rule 40.5(b)(3), defendants hereby notify the Court that this case is related to a recently-filed case captioned as Whitney v. Obama et al., Civil Action No. 1:11-cv01409-RWR (D.D.C.). Plaintiff in Whitney, appearing pro se, seems to assert claims that are identical, or substantially similar, to those asserted here, including claims alleging that the United States is engaging in “unlawful, and unauthorized military action” in Libya that violates the United States Constitution and the War Powers Resolution, 50 U.S.C. § 1541 et seq. See Whitney Compl. ¶ 12. Defendants note that plaintiff in Whitney has also moved for a preliminary injunction. See Whitney, Mot. for Prelim. Inj., Dkt. No. 4. The court in Whitney has set the due date for defendants’ Opposition to the Motion as August 19, 2011, which is the same date that defendants currently intend to move to dismiss the present action. See Whitney, Aug. 10, 2011, Minute Order. As required by Local Civil Rule 40.5(b)(3), defendants have also filed a notice of related case in the Whitney proceeding, currently pending before Judge Roberts. Dated: August 12, 2011 Respectfully submitted, TONY WEST Assistant Attorney General RONALD C. MACHEN JR. United States Attorney IAN HEATH GERSHENGORN Deputy Assistant Attorney General JOSEPH H. HUNT Director, Federal Programs Branch VINCENT M. GARVEY Deputy Branch Director /s/ Eric Womack ERIC R. WOMACK, IL Bar No. 6279517 Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., NW Washington, DC 20001 Tel: (202) 514-4020 Fax: (202) 616-8470 Counsel for Defendants 2 CERTIFICATE OF SERVICE I hereby certify that on August 12, 2011, I caused a true and correct copy of the foregoing Notice to be served on plaintiffs’ counsel electronically by means of the Court’s ECF system. /s/ Eric Womack ERIC R. WOMACK

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