Restis et al v. American Coalition Against Nuclear Iran, Inc. et al

Filing 273

OPINION AND ORDER: re: 257 MOTION to Intervene . MOTION to Dismiss filed by United States Of America. On October 8, 2014, the Court held a pre-motion conference in connection with Plaintiffs' request for leave to file a motion for disclosure of information relating to the assertion of the state secrets privilege by Intervenor the United States of America. At the conference, the Court granted Plaintiffs leave to file the motion and also directed the parties to brie f whether (1) Plaintiffs' counsel should, subject to required clearance(s), be allowed access to the relevant classified materials, and (2) the Court can grant Plaintiffs injunctive relief in the event it determines that the state secrets privil ege applies. Plaintiffs are directed to file their motion, not to exceed 25 pages, by Wednesday, October 29, 2014. Intervenor the United States of America and Defendants are directed to file their respective opposition briefs, not to exceed 25 pages, by Wednesday, November 12,2014. Plaintiffs' reply brief, not to exceed 10 pages, is due Wednesday, November 26,2014. It is SO ORDERED. ( Motions due by 10/29/2014., Responses due by 11/12/2014, Replies due by 11/26/2014.) (Signed by Judge Edgardo Ramos on 10/09/2014) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------x
VICTOR RESTIS and ENTERPRISES SHIPPING AND :
TRADING S.A.,
:
:
Plaintiffs,
:
:
v.
:
:
AMERICAN COALITION AGAINST NUCLEAR IRAN, :
INC. a/k/a UNITED AGAINST NUCLEAR IRAN,
:
MARK D. WALLACE, DAVID IBSEN, NATHAN
:
CARLETON, DANIEL ROTH, MARTIN HOUSE,
:
MATAN SHAMIR, MOLLY LUKASH, LARA PHAM, :
and DOES 1-10,
:
:
Defendants.
:
------------------------------------------------------------------------:
:
UNITED STATES OF AMERICA,
:
:
Intervenor.
:
------------------------------------------------------------------------x

OPINION AND ORDER
13 Civ. 5032 (ER)

Ramos, D.J.:
On October 8, 2014, the Court held a pre-motion conference in connection with
Plaintiffs’ request for leave to file a motion for disclosure of information relating to the assertion
of the state secrets privilege by Intervenor the United States of America. At the conference, the
Court granted Plaintiffs leave to file the motion and also directed the parties to brief whether (1)
Plaintiffs’ counsel should, subject to required clearance(s), be allowed access to the relevant
classified materials, and (2) the Court can grant Plaintiffs injunctive relief in the event it
determines that the state secrets privilege applies.