CLOSED,APPEAL,ECF

U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:19-cv-08312-PGG


Lawyers Committee For 9/11 Inquiry, Inc. et al v. Barr et al
Assigned to: Judge Paul G. Gardephe
Cause: 28:1361 Petition for Writ of Mandamus

Date Filed: 09/06/2019
Date Terminated: 03/24/2021
Jury Demand: None
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: Federal Question
Plaintiff
Lawyers Committee For 9/11 Inquiry, Inc. represented byMick G Harrison
Mick G. Harrison, ESQ.
520 S. Walnut Street
#1147
Bloomington, IN 47402
812-361-6220
Fax: 812-233-3135
Email: mickharrisonesq@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John L O'Kelly
John L. O'Kelly
127 Bengeyfield Drive
East Williston, NY 11596
516-248-3338
Email: jokelly@optonline.net
ATTORNEY TO BE NOTICED
Plaintiff
Richard Gage represented byMick G Harrison
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John L O'Kelly
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
Christopher Gioia represented byMick G Harrison
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
Diana Hetzel represented byMick G Harrison
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
Architects & Engineers for 9/11 Truth represented byMick G Harrison
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
Michael O'Kelly represented byMick G Harrison
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
Jeanne Evans represented byMick G Harrison
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
Robert McILvaine represented byMick G Harrison
(See above for address)
ATTORNEY TO BE NOTICED

V.
Defendant
Attorney General William P. Barr
Attorney General of the United States
represented byAlexander James Hogan
United States Attorney's Office
Southern District Of New York
86 Chambers Street, Third Floor
New York, NY 10007
212-637-2799
Email: alexander.hogan@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Geoffrey Berman
United States Attorney for the Southern District of New York
represented byAlexander James Hogan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
United States Department of Justice represented byAlexander James Hogan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/06/20191  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - COMPLAINT against William P. Barr, Geoffrey Berman. (Filing Fee $ 400.00, Receipt Number ANYSDC-17555493)Document filed by Lawyers Committee For 9/11 Inquiry, Inc..(O'Kelly, John) Modified on 9/09/2019 (pne). (Entered: 09/06/2019)
09/09/2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John L O'Kelly to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading. Re-file the pleading using the event type Complaint/Petition in the Nature of Mandamus found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. ***DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS*** If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 9/16/2019. (pne) (Entered: 09/09/2019)
09/09/2019 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney John L O'Kelly. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pne) (Entered: 09/09/2019)
09/10/20192 FIRST COMPLAINT IN THE NATURE OF MANDAMUS against William P. Barr, Geoffrey Berman.Document filed by Lawyers Committee For 9/11 Inquiry, Inc..(O'Kelly, John) (Entered: 09/10/2019)
09/10/20193 CIVIL COVER SHEET filed. (O'Kelly, John) (Entered: 09/10/2019)
09/11/2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pne) (Entered: 09/11/2019)
09/11/2019 Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (pne) (Entered: 09/11/2019)
09/11/2019 Case Designated ECF. (pne) (Entered: 09/11/2019)
09/11/2019 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John L O'Kelly. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:552(a); Nature of Suit code 540 (Mandamus & Other); County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1361; the Nature of Suit code has been modified to 890 (Other Statutory Actions); the County code has been modified to Nassau. (pne) (Entered: 09/11/2019)
09/11/2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John L O'Kelly re: Document No. 2 Complaint/Petition in the Nature of Mandamus. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; United States Department of Justice must be added to the case. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. ***DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS*** (pne) (Entered: 09/11/2019)
09/11/2019 ADD PARTY FOR PLEADING. Defendants/Respondents United States Department of Justice added. Party added pursuant to 2 Complaint/Petition in the Nature of Mandamus.Document filed by Lawyers Committee For 9/11 Inquiry, Inc., Richard Gage. Related document: 2 Complaint/Petition in the Nature of Mandamus.(O'Kelly, John) (Entered: 09/11/2019)
12/02/20194  FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to William P. Barr, re: 2 Complaint/Petition in the Nature of Mandamus. Document filed by Lawyers Committee For 9/11 Inquiry, Inc.. (O'Kelly, John) Modified on 12/3/2019 (sj). (Entered: 12/02/2019)
12/02/20195  FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Geoffrey Berman, re: 2 Complaint/Petition in the Nature of Mandamus. Document filed by Lawyers Committee For 9/11 Inquiry, Inc.. (O'Kelly, John) Modified on 12/3/2019 (sj). (Entered: 12/02/2019)
12/02/20196  FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice, re: 2 Complaint/Petition in the Nature of Mandamus. Document filed by Lawyers Committee For 9/11 Inquiry, Inc.. (O'Kelly, John) Modified on 12/3/2019 (sj). (Entered: 12/02/2019)
12/03/2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John L O'Kelly to RE-FILE Document No. 6 Request for Issuance of Summons, 4 Request for Issuance of Summons, 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name error, party name not clear in caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) (Entered: 12/03/2019)
12/03/20197 REQUEST FOR ISSUANCE OF SUMMONS as to William P. Barr, re: 2 Complaint/Petition in the Nature of Mandamus. Document filed by Lawyers Committee For 9/11 Inquiry, Inc.. (O'Kelly, John) (Entered: 12/03/2019)
12/03/20198 REQUEST FOR ISSUANCE OF SUMMONS as to Geoffrey Berman, re: 2 Complaint/Petition in the Nature of Mandamus. Document filed by Lawyers Committee For 9/11 Inquiry, Inc.. (O'Kelly, John) (Entered: 12/03/2019)
12/03/20199 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice, re: 2 Complaint/Petition in the Nature of Mandamus. Document filed by Lawyers Committee For 9/11 Inquiry, Inc.. (O'Kelly, John) (Entered: 12/03/2019)
12/04/201910 ELECTRONIC SUMMONS ISSUED as to William P. Barr. (sj) (Entered: 12/04/2019)
12/04/201911 ELECTRONIC SUMMONS ISSUED as to Geoffrey Berman. (sj) (Entered: 12/04/2019)
12/04/201912 ELECTRONIC SUMMONS ISSUED as to United States Department of Justice. (sj) (Entered: 12/04/2019)
02/07/202013  LETTER MOTION for Conference relating to Defendants' anticipated motion to dismiss addressed to Judge Paul G. Gardephe from Alexander J. Hogan dated February 7, 2020. Document filed by William P. Barr, Geoffrey Berman, United States Department of Justice..(Hogan, Alexander) (Entered: 02/07/2020)
02/10/202014  MOTION for Mickey Gale Harrison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18745548. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Richard Gage, Lawyers Committee For 9/11 Inquiry, Inc.. (Attachments: # 1 Exhibit 1 Certificate of Good Standing Pennsylvania Supreme Court, # 2 Affidavit Declaration of Counsel, # 3 Text of Proposed Order granting admission pro hac vice).(Harrison, Mick) (Entered: 02/10/2020)
02/10/2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Mickey Gale Harrison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18745548. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 02/10/2020)
02/12/202015 LETTER RESPONSE to Motion addressed to Judge Paul G. Gardephe from Mick G. Harrison dated 02/12/2020 re: 13 LETTER MOTION for Conference relating to Defendants' anticipated motion to dismiss addressed to Judge Paul G. Gardephe from Alexander J. Hogan dated February 7, 2020. . Document filed by Richard Gage, Lawyers Committee For 9/11 Inquiry, Inc...(Harrison, Mick) (Entered: 02/12/2020)
02/13/202016  ORDER terminating 13 Letter Motion for Conference. It is hereby ORDERED that the following schedule will apply to Defendants' motion to dismiss: 1. Defendants' motion is due on February 28, 2020; 2. Plaintiffs' opposition is due on March 6, 2020; and 3. Defendants' reply, if any, is due on March 20, 2020. (Signed by Judge Paul G. Gardephe on 2/13/2020) (mro) (Entered: 02/14/2020)
02/13/2020 Set/Reset Deadlines: Motions due by 2/28/2020. Responses due by 3/6/2020 Replies due by 3/20/2020. (mro) (Entered: 02/14/2020)
02/21/202017  ORDER FOR ADMISSION PRO HAC VICE granting 14 Motion for Mickey Gale Harrison to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 2/21/2020) (tro) (Entered: 02/24/2020)
03/04/202018 PROPOSED STIPULATION AND ORDER. Document filed by Richard Gage, Lawyers Committee For 9/11 Inquiry, Inc.. (Attachments: # 1 Text of Proposed Order on Stipulation to Modify Briefing Schedule on Motion to Dismiss).(Harrison, Mick) (Entered: 03/04/2020)
03/10/202019  ORDER MODIFYING BRIEFING SCHEDULE: IT IS HEREBY ORDERED, pursuant to the stipulation of the parties, that Plaintiffs' Response to Defendants' Motion to Dismiss shall be filed on or before March 23, 2020, and Defendants ' Reply shall be filed on or before April 6, 2020. (Responses due by 3/23/2020, Replies due by 4/6/2020.) (Signed by Judge Paul G. Gardephe on 3/10/2020) (jca) (Entered: 03/10/2020)
03/20/202020 FIRST AMENDED COMPLAINT amending 2 Complaint/Petition in the Nature of Mandamus against William P. Barr, Geoffrey Berman, United States Department of Justice.Document filed by Richard Gage, Lawyers Committee For 9/11 Inquiry, Inc., Christopher Gioia, Diana Hetzel, Architects & Engineers for 9/11 Truth, Michael O'Kelly, Jeanne Evans, Robert McILvaine. Related document: 2 Complaint/Petition in the Nature of Mandamus. (Attachments: # 1 Exhibit 1 Declaration of Attorney Meiswinkle, # 2 Exhibit 2 Declaration of Richard Gage, # 3 Exhibit 3 Declaration of Jeanne Evans, # 4 Exhibit 4 Declaration of Commissioner Gioia, # 5 Exhibit 5 Declaration of Diana Hetzel, # 6 Exhibit 6 Declaration of Robert McILvaine, # 7 Exhibit 7 Declaration of Michael O'Kelly, # 8 Exhibit 8 Amended Petition to U.S. Attorney, # 9 Exhibit 9 Police-DOJ Terrorism Bulletin).(Harrison, Mick) (Entered: 03/20/2020)
03/23/2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mick Harrison. The party information for the following party/parties has been modified: United States Department of Justice. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (gp) (Entered: 03/23/2020)
03/23/202021  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference re Defendants' anticipated motion to dismiss the amended complaint addressed to Judge Paul G. Gardephe from Alexander J. Hogan dated March 23, 2020. Document filed by William P. Barr, Geoffrey Berman, United States Department of Justice..(Hogan, Alexander) Modified on 4/16/2020 (db). (Entered: 03/23/2020)
03/30/202022 PROPOSED SCHEDULING ORDER. Document filed by Architects & Engineers for 9/11 Truth, Jeanne Evans, Richard Gage, Christopher Gioia, Diana Hetzel, Lawyers Committee For 9/11 Inquiry, Inc., Robert McILvaine, Michael O'Kelly. (Attachments: # 1 Text of Proposed Order Setting Briefing Schedule on Motion to Dismiss First Amended Complaint).(Harrison, Mick) (Entered: 03/30/2020)
03/30/202023 LETTER RESPONSE to Motion addressed to Judge Paul G. Gardephe from Mick G. Harrison dated 03/30/2020 re: 21 LETTER MOTION for Conference re Defendants' anticipated motion to dismiss the amended complaint addressed to Judge Paul G. Gardephe from Alexander J. Hogan dated March 23, 2020. . Document filed by Architects & Engineers for 9/11 Truth, Jeanne Evans, Richard Gage, Christopher Gioia, Diana Hetzel, Lawyers Committee For 9/11 Inquiry, Inc., Robert McILvaine, Michael O'Kelly..(Harrison, Mick) (Entered: 03/30/2020)
03/31/202024  ORDER SETTING BRIEFING SCHEDULE: Having considered the unopposed proposed briefing schedule submitted by Plaintiffs, IT IS HEREBY ORDERED that: A. Defendants Motion to Dismiss the First Amended Complaint shall be served on or before April 3, 2020; B. Plaintiffs Response shall be served on or before April 24, 2020; and C. Any Reply by Defendants shall be served on or before May 8, 2020. (Signed by Judge Paul G. Gardephe on 3/31/2020) (jca) (Entered: 03/31/2020)
04/05/202025  Vacated as per Judge's Order dated 4/7/2020, Doc. # 27 ORDER: It is hereby ORDERED that the following schedule will apply to Defendants' motion to dismiss Plaintiffs' amended complaint: 1. Defendants' motion is due on May 1, 2020; 2. Plaintiffs' opposition is due on June 5, 2020; and 3. Defendants' reply, if any, is due on June 19, 2020. SO ORDERED. (Motions due by 5/1/2020., Responses due by 6/5/2020, Replies due by 6/19/2020.) (Signed by Judge Paul G. Gardephe on 4/5/2020) (jca) Modified on 4/7/2020 (jca). (Entered: 04/06/2020)
04/06/202026  LETTER addressed to Judge Paul G. Gardephe from Alexander J. Hogan dated April 6, 2020 re: briefing schedule on Defendants' motion to dismiss. Document filed by William P. Barr, Geoffrey Berman, United States Department of Justice..(Hogan, Alexander) (Entered: 04/06/2020)
04/07/202027  ORDER: It is hereby ORDERED that the April 5, 2020 order setting a briefing schedule, Dkt. No. 25, is vacated. It is further ORDERED that the briefing schedule laid out in the March 31, 2020 order setting a briefing schedule, Dkt. No. 24, is reinstated: 1. Defendants' motion to dismiss the first amended complaint shall be served on or before April 3, 2020; 2. Plaintiffs' response shall be served on or before April 24, 2020; and 3. Any reply by Defendants shall be served on or before May 8, 2020. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/7/2020) (jca) (Entered: 04/07/2020)
05/08/202028  MOTION to Dismiss Plaintiffs' Amended Complaint. Document filed by William P. Barr, Geoffrey Berman, United States Department of Justice. (Attachments: # 1 Certificate of Service).(Hogan, Alexander) (Entered: 05/08/2020)
05/08/202029  MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by William P. Barr, Geoffrey Berman, United States Department of Justice..(Hogan, Alexander) (Entered: 05/08/2020)
05/08/202030  MEMORANDUM OF LAW in Opposition re: 28 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by Architects & Engineers for 9/11 Truth, Jeanne Evans, Richard Gage, Christopher Gioia, Diana Hetzel, Lawyers Committee For 9/11 Inquiry, Inc., Robert McILvaine, Michael O'Kelly..(Harrison, Mick) (Entered: 05/08/2020)
05/08/202031  REPLY MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss Plaintiffs' Amended Complaint. . Document filed by William P. Barr, Geoffrey Berman, United States Department of Justice..(Hogan, Alexander) (Entered: 05/08/2020)
08/21/202032  LETTER addressed to Judge Paul G. Gardephe from Alexander J. Hogan dated August 21, 2020 re: pending motion to dismiss. Document filed by William P. Barr, Geoffrey Berman, United States Department of Justice..(Hogan, Alexander) (Entered: 08/21/2020)
03/24/202133 ORDER granting 28 MOTION to Dismiss Plaintiffs' Amended Complaint. For the reasons stated above, Defendants' motion to dismiss (Dkt. No. 28) is granted. The Clerk of Court is directed to terminate the motion (Dkt. No. 28) and to close this case. SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/24/2021) (jca) Transmission to Orders and Judgments Clerk for processing. (Entered: 03/24/2021)
03/24/202134  CLERK'S JUDGMENT re: 33 Order on Motion to Dismiss. in favor of United States Department of Justice, Geoffrey Berman, William P. Barr against Architects & Engineers for 9/11 Truth, Lawyers Committee For 9/11 Inquiry, Inc., Christopher Gioia, Diana Hetzel, Jeanne Evans, Michael O'Kelly, Richard Gage, Robert McILvaine. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 24, 2021, Defendants' motion to dismiss (Dkt. No. 28) is granted; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 3/24/2021) (Attachments: # 1 Notice of Right to Appeal) (dt) (Entered: 03/24/2021)
05/23/202135  FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Architects & Engineers for 9/11 Truth, Jeanne Evans, Richard Gage, Christopher Gioia, Diana Hetzel, Lawyers Committee For 9/11 Inquiry, Inc., Robert McILvaine, Michael O'Kelly. Filing fee $ 505.00, receipt number ANYSDC-24576310. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Harrison, Mick) Modified on 5/24/2021 (tp). (Entered: 05/23/2021)
05/24/2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Harrison, Mick to RE-FILE Document No. 35 Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp) (Entered: 05/24/2021)
05/24/202136 CORRECTED NOTICE OF APPEAL re: 35 Notice of Appeal, 33 Order on Motion to Dismiss, 34 Clerk's Judgment,,. Document filed by Architects & Engineers for 9/11 Truth, Jeanne Evans, Richard Gage, Christopher Gioia, Diana Hetzel, Lawyers Committee For 9/11 Inquiry, Inc., Robert McILvaine, Michael O'Kelly..(Harrison, Mick) (Entered: 05/24/2021)
05/25/2021 Appeal Fee Paid electronically via Pay.gov: for 36 Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-24576310, paid on 5/24/2021. (tp) (Entered: 05/25/2021)
05/25/2021 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 36 Corrected Notice of Appeal. (tp) (Entered: 05/25/2021)
05/25/2021 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 36 Corrected Notice of Appeal, filed by Michael O'Kelly, Jeanne Evans, Richard Gage, Robert McILvaine, Diana Hetzel, Lawyers Committee For 9/11 Inquiry, Inc., Christopher Gioia, Architects & Engineers for 9/11 Truth were transmitted to the U.S. Court of Appeals. (tp) (Entered: 05/25/2021)


PACER Service Center
Transaction Receipt
10/01/2021 20:18:23
PACER Login: GeneLaratonda Client Code:
Description: Docket Report Search Criteria: 1:19-cv-08312-PGG
Billable Pages: 7 Cost: 0.70