On August 3, 2009, plaintiffs filed an Opposition to Defendants' Motion to Dismiss for consolidated Blackwater cases. The cases Estate of Albazzaz, et al. v. Blackwater Lodge and Training Center, Inc. et al. and Estate of Abtan, et al. v. Blackwater Lodge and Training Center, Inc. et al. have been consolidated for purposes of pre-trial discovery and briefing.
From the "Opposition to Defendants' Motion to Dismiss" in the United States District Court for the Eastern District of Virginia - Alexandria Division- Filed on August 3, 2009:
"Plaintiffs respectfully request that this Court deny Defendants’ Motions To Dismiss and permit Plaintiffs’ claims to proceed to discovery and trial. Defendants mislead the Court by portraying Plaintiffs as challenging the State Department’s policies. As explained below, nothing could be further from the truth. Plaintiffs are challenging Mr. Prince’s callous scheme to kill,
repeatedly, innocent Iraqis. This scheme was implemented without the knowledge or consent of the State Department. This scheme was motivated by Mr. Prince’s greed and his racist Christian supremacist views. Mr. Prince and his Blackwater companies deceived the State Department,
and destroyed evidence that might have led to the detection of the scheme. Mr. Prince’s actions, and those of his alter ego companies, should not evade judicial review. No statutory or decisional law supports Mr. Prince’s claim that he is immune from the rule of law."
June 2, 2009: Plaintiffs voluntarily dismissed the case from the District of Columbia and filed a new complaint against Blackwater et al in the Eastern District of Virginia (EDVA), captioned "Abtan v. Prince et al." The case was assigned to Judge Leonie M. Brinkema.
July 1, 2009: Plaintiffs file first amended complaint, adding RICO count.
July17, 2009: Judge T.S. Ellis consolidated this case with the other four cases against Blackwater et al. pending in EDVA for all pretrial purposes, including discovery and dispositive motions.
July 22, 2009: Blackwater filed a motion seeking to enjoin the parties and their counsel from making extrajudicial statements regarding this litigation.
July 24, 2009: Consolidated motion to dismiss filed by Defendants.
July 31, 2009: Plaintiffs' opposition to defendants' motion to bar all extrajudicial statements (with exhibits)
August 3, 2009: Plaintiffs' opposition to Defendants' motion to dismiss filed (with exhibits).
August 7, 2009: Hearing scheduled in EDVA before Judge Ellis on Defendants' motion to enjoin the parties from making any extrajudicial statements at 10am.
August 28, 2009: Hearing scheduled in EDVA before Judge Ellis on Defedants' motion to dismiss at 2pm.