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Document Contains 1,126 Words No. 19-351 ================================================================================================================ In The Supreme Court of the United States --------------------------------- ♦ --------------------------------- FEDERAL REPUBLIC OF GERMANY, a foreign state, and STIFTUNG PREUSSICHER KULTURBESITZ, Petitioners, v. ALAN PHILIPP, et al., Respondents. --------------------------------- ♦ --------------------------------- On Writ of Certiorari To The United States Court of Appeals For The D.C. Circuit --------------------------------- ♦ --------------------------------- JOINT APPENDIX --------------------------------- ♦ --------------------------------- JONATHAN M. FREIMAN NICHOLAS M. O’DONNELL Counsel of Record Counsel of Record TADHG DOOLEY ERIKA L. TODD BENJAMIN M. DANIELS SULLIVAN & WORCESTER LLP DAVID R. ROTH One Post Office Square WIGGIN AND DANA LLP Boston, MA 02109 265 Church Street (617) 338-2814 P.O. Box 1832 [email protected] New Haven, CT 06508-1832 Counsel for Respondents (203) 498-4400 [email protected] DAVID L. HALL WIGGIN AND DANA LLP Two Liberty Place 50 S. 16th Street Suite 2925 Philadelphia, PA 19102 (215) 998-8310 Counsel for Petitioners Petition For Certiorari Filed September 16, 2019 Certiorari Granted July 2, 2020 ================================================================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i TABLE OF CONTENTS Page Relevant Docket Entries from the United States District Court for the District of Columbia, 1:15-cv-00266-CKK ................................................... 1 Relevant Docket Entries from the United States Court of Appeals for the District of Columbia Circuit, 17-7064 ....................................................... 23 First Amended Complaint, United States Dis- trict Court for the District of Columbia, 1:15- cv-00266-CKK ......................................................... 42 Exhibits to First Amended Complaint, United States District Court for the District of Co- lumbia, 1:15-cv-00266-CKK .................................. 134 Declaration of Martin Seyfarth in Support of Motion to Dismiss, United States District Court for the District of Columbia, 1:15-cv- 00266-CKK ............................................................ 197 Expert Opinion of Professor Dr. Christian Arm- brüster .................................................................. 205 Declaration of Mr. Markus H. Stötzel in Support of Plaintiffs’ Opposition to Defendants’ Mo- tion to Dismiss the Complaint, United States District Court for the District of Columbia, 1:15-cv-00266-CKK ............................................... 237 Supplemental Expert Opinion of Professor Dr. Christian Armbrüster ........................................... 246 ii TABLE OF CONTENTS—Continued Page The following materials have been omitted in printing this Joint Appendix because they ap- pear on the following pages in the appendix to the Petition for a Writ of Certiorari: United States Court of Appeals for the District of Columbia Circuit, Opinion, dated July 10, 2018 ............................................................ Pet.App.1 United States Court of Appeals for the District of Columbia Circuit, Judgment, dated July 10, 2018 ...........................................................Pet.App.25 United States District Court for the District of Columbia, Memorandum Opinion, dated May 18, 2017 .....................................................Pet.App.27 United States District Court for the District of Columbia, Order, dated May 18, 2017 ......Pet.App.35 United States District Court for the District of Columbia, Memorandum Opinion, dated March 31, 2017 ..........................................Pet.App.37 United States District Court for the District of Columbia, Order, dated March 31, 2017 ....Pet.App.94 United States Court of Appeals for the District of Columbia Circuit, Order denying petition for rehearing, dated June 18, 2019 ...........Pet.App.96 United States Court of Appeals for the District of Columbia Circuit, Brief for the United States as Amicus Curiae in Support of Re- hearing En Banc, dated September 14, 2018 ......................................................... Pet.App.119 iii TABLE OF CONTENTS—Continued Page Letter Brief of Amicus Curiae United States, dated September 9, 2004 ........................ Pet.App.137 Expert Report on the Possibility of Bringing a Claim in a German Court, dated March 7, 2016 ......................................................... Pet.App.155 Supplemental Expert Opinion on the Possibility of Bringing a Claim in a German Court, dated June 7, 2016 ............................................ Pet.App.193 The following materials have been omitted in printing this Joint Appendix because they ap- pear on the following pages in the supple- mental appendix to the Brief in Opposition to the Petition for Writ of Certiorari: Expert Opinion by Prof. Dr. Stephan Meder ..................................................... Supp.App.93 Holocaust Expropriated Art Recovery Act of 2016 ..................................................... Supp.App.117 1 U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:15-cv-00266-CKK Cause: 28:2201 Declaratory Judgment Date Filed # Docket Text 02/23/2015 1 COMPLAINT against FEDERAL REPUBLIC OF GERMANY, STIFTUNG PREUSSISCHER KULTURBESITZ (Filing fee $ 400 receipt number 0090-4001803) filed by ALAN PHILIPP, GERALD G. STIEBEL. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet, # 9 Summons, # 10 Summons)(O’Donnell, Nicholas) (Entered: 02/23/2015) 02/23/2015 Case Assigned to Judge Colleen Kollar-Kotelly. (md,) (Entered: 02/24/2015) 02/24/2015 2 SUMMONS (2) Issued Electronically as to FEDERAL REPUBLIC OF GERMANY, STIFTUNG PREUSSISCHER KULTURBESITZ. (Attachments: # 1 Notice of Consent, # 2 Consent Form) (md,) (Entered: 02/24/2015) 02/24/2015 3 ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge 2 Colleen Kollar-Kotelly on February 24, 2015. (NS) (Entered: 02/24/2015) 07/14/2015 4 NOTICE of Appearance by Jonathan M. Freiman on behalf of FEDERAL REPUBLIC OF GERMANY, STIFTUNG PREUSSISCHER KULTURBESITZ (Freiman, Jonathan) (Entered: 07/14/2015) 07/14/2015 5 MOTION for Extension of Time to File Answer re 1 Complaint, and to Set Subsequent Deadlines by FEDERAL REPUBLIC OF GERMANY, STIFTUNG PREUSSISCHER KULTURBESITZ (Freiman, Jonathan) (Entered: 07/14/2015) 07/14/2015 MINUTE ORDER (paperless). Upon consideration of Defendants’ 5 Motion to Extend the Deadline for Responding to the Complaint, and to Set Subsequent Deadlines, to which Plaintiffs consent, it is hereby ORDERED that the Defendants’ Motion is GRANTED. Defendants shall answer or otherwise respond to Plaintiffs’ Complaint by no later than OCTOBER 30, 2015. To the extent that Defendants file a motion to dismiss as their responsive pleading, the parties shall adhere to the following briefing schedule. Plaintiffs shall file their opposition to a motion to dismiss by no later than FEBRUARY 1, 2016. Defendants 3 shall file their reply in support of a motion to dismiss by no later than MARCH 17, 2016. Signed by Judge Colleen Kollar-Kotelly on July 14, 2015. (NS) (Entered: 07/14/2015) 07/14/2015 Set/Reset Deadlines: Answer or responsive pleading due by 10/30/2015. If motion filed: Response due by 2/1/2015. Reply due by 3/17/2016. (dot) (Entered: 07/15/2015) 07/15/2015 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name – David L. Hall, :Firm – Wiggin and Dana LLP, :Address – Two Liberty Place, 50 S. 16th Street, Suite 2925, Philadelphia, PA 19102. Phone No. – (215) 988-8325. Fax No. – (215) 988- 8344 Filing fee $ 100, receipt number 0090-4176510. Fee Status: Fee Paid. by FEDERAL REPUBLIC OF GERMANY, STIFTUNG PREUSSISCHER KULTURBESITZ (Attachments: # 1 Exhibit A – Declaration of David L. Hall in Support of Pro Hac Vice Admission, # 2 Exhibit B – Proposed Order)(Freiman, Jonathan) (Entered: 07/15/2015) 07/15/2015 7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name – Tahlia Townsend, :Firm – Wiggin and Dana LLP, :Address – One Century Tower, 265 Church Street, New Haven, CT 4 06510-7001. Phone No. – (203) 498- 4339. Fax No. – (203) 782-2889 Filing fee $ 100, receipt number 0090- 4176592. Fee Status: Fee Paid. by FEDERAL REPUBLIC OF GERMANY, STIFTUNG PREUSSISCHER KULTURBESITZ (Attachments: # 1 Exhibit A – Declaration of Tahlia Townsend in Support of Pro Hac Vice Admission, # 2 Exhibit B – Proposed Order)(Freiman, Jonathan) (Entered: 07/15/2015) 07/16/2015 MINUTE ORDER (Paperless). The Motions for the Admission Pro Hac Vice of 6 David L. Hall and 7 Tahlia Townsend as counsel for Defendants Federal Republic of Germany and Stiftung Preussischer Kulturbesitz, are hereby GRANTED. Signed by Judge Colleen Kollar-Kotelly on July 16, 2015. (NS) (Entered: 07/16/2015) 10/16/2015 8 Consent MOTION for Leave to File Excess Pages to briefs in support of a motion to dismiss by FEDERAL REPUBLIC OF GERMANY, STIFTUNG PREUSSISCHER KULTURBESITZ (Attachments: # 1 Proposed Order)(Freiman, Jonathan) (Entered: 10/16/2015) 10/16/2015 9 ORDER GRANTING Defendants’ 8 Consented-to Motion to File Excess Pages. The parties may file briefs regarding the motion to dismiss in 5 excess of LCvR 7(e), not to exceed 75 pages for memoranda in support of or in opposition to the motion to dismiss, and 35 pages for Defendants’ reply memorandum. Signed by Judge
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