Mokdad v. Holder et al

Filing 57

ORDER Granting 47 Motion to Dismiss. Signed by District Judge Victoria A. Roberts. (see image for details and dates) (LVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SAEB MOKDAD,
Plaintiff,
Case No. 13-CV-12038
v.
HONORABLE VICTORIA A. ROBERTS
LORETTA E. LYNCH et al.,
Defendants.
/
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS
On August 9, 2016, the Court held a hearing regarding Defendants’ motion to
dismiss for lack of subject-matter jurisdiction and for failure to state a claim, pursuant to
Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). For the reasons stated on the
record, Defendants’ motion to dismiss for lack of subject-matter jurisdiction is granted.
Plaintiff’s claims regarding his alleged inclusion on the No Fly List are moot as a result
of Defendants’ issuance of a letter stating that Mokdad is not on such a list. To the
extent that his claims implicate other lists, Plaintiff fails to identify those lists or name the
necessary defendants. Accordingly, because of the narrow scope of the case remanded
to this Court and Defendants’ declaration that Mokdad is not on the No Fly List, no live
case or controversy remains; Mokdad’s suit is moot and the Court lacks subject-matter
jurisdiction to continue to hear the matter.
Defendant Terrorist Screening Center has voluntarily agreed to issue Mokdad a
declaration that tracks the substance of the declarations referred to in Tarhuni v. Lynch,
129 F.Supp.3d 1052 (D. Oregon 2015) and referred to by Defendants in their reply brief
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in footnote 5. The declaration must, at a minimum, state that Mokdad will not be placed
back on the No Fly List based on the currently available information. Defendants must
furnish this letter to Mokdad and file a copy of the letter with the Court by August 16,
2016.
IT IS ORDERED.

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: August 10, 2016
The undersigned certifies that a copy of this
document was served on the attorneys of
record by electronic means or U.S. Mail on
August 10, 2016.
s/Linda Vertriest
Deputy Clerk

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