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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

DENNIS KUCINICH, et al.,

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Plaintiffs,
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v.
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BARACK OBAMA, et al.,
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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: [phone]
Fax: [phone]
Counsel for Defendants

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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