Kindhearts For Charitable Humanitarian Development, Inc. vs. Paulsen. et al

Filing 87

Order : Secretary of the Treasury Timothy Geithner and Attorney General Eric H. Holder are hereby substituted as defendants for former Secretary of the Treasury Henry M. Paulson and former Attorney General Michael B. Mukasey, respectively. Def endant's motion to dismiss [Doc. 36] is granted with regard to plaintiffs claims that: The Fourth Amendment precludes final designation of plaintiff as a Specially Designated Global Terrorist, without prejudice; OFAC's authority is void for vagueness; OFAC's block pending investigation of plaintiff's assets contravened due process of law on its face; As applied, OFACs provisional designation of KindHearts as a Specially Designated Global Terrorist contravened due process, wit hout prejudice; OFAC's impairment of plaintiffs investigation violated due process; OFACs restriction of access to blocked funds to compensate counsel, and otherwise is denied. Defendant's motion to dismiss is otherwise denied. Plaintiff� 39;s motion for partial summary judgment is granted with regard to its claims: that OFAC violated the Fourth Amendment claim when it seized plaintiffs assets without probable cause and prior judicial review and issuance of a warrant for such seizure; OFAC's failure to provide notice, and an opportunity to be heard, and its restrictions on plaintiff's access to its documents; OFAC's limitation on the extent to which plaintiffs' blocked funds are available to it to compensate i ts counsel was arbitrary and capricious and violated the Administrative Procedure Act.Plaintiffs motion for summary judgment is otherwise denied. A status/scheduling conference is set for September 21, 2009 at 3:30 p.m.; not later than one week befor e the conference the parties shall submit an agreed or separate status report[s] specifying issues needing further consideration and suggesting a timetable for adjudication or other disposition of such issues. (Related Doc # 36 ) (Related Doc # 31 ). Judge James G. Carr on 8/18/2009.(S,AL)