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)

Download PDF
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 1 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?