USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 1 of 433 ORAL ARGUMENT SCHEDULED FOR FEBRUARY 2, 2017 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT _____________________________________ No. 16-7081 _____________________________________ JOHN DOE, A.K.A. KIDANE, Plaintiff-Appellant, v. FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA, Defendant-Appellee. _____________________________________ APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CASE NO. 1:14-CV-00372, JUDGE RANDOLPH D. MOSS _____________________________________ DEFERRED JOINT APPENDIX VOL. I OF II, PAGES JA 001 TO JA 429 _____________________________________ Nathan Cardozo Richard M. Martinez Cindy Cohn Samuel L. Walling Electronic Frontier Foundation Robins Kaplan LLP 815 Eddy Street 800 LaSalle Avenue, Ste. 2800 San Francisco, CA 94109 Minneapolis, MN 55402-2015 Tel. (415) 436-9333 Tel. (612) 349-8500 Counsel for Plaintiff-Appellant John Doe December 14, 2016 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 2 of 433 Scott A. Gilmore Guernica 37 Int’l Justice Chambers Premier House, 3rd Floor 12-13 Hatton Garden London, U.K EC1N 8AN Tel. +1 (510) 374-9872 Counsel for Plaintiff-Appellant John Doe ii USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 3 of 433 TABLE OF CONTENTS (Documents from the Record of U.S.D.C. D.C. No. 14-cv-00372-RDM) VOLUME I ECF No. Date Document Description Page 1 3/5/14 Motion For Leave To Proceed In Pseudonym JA 001 1-1 3/5/14 Declaration of John Doe (AKA “Kidane”) In JA 016 Support Of Motion For Leave To Proceed In Pseudonym 1-2 3/5/14 Declaration of Cindy Cohn In Support Of JA 19 Motion For Leave To Proceed In Pseudonym 2 3/5/14 Order Granting Motion For Leave To JA 429 Proceed In Pseudonym VOLUME II 26 7/18/14 First Amended Complaint JA 430 27 8/4/14 Defendant’s Motion To Dismiss Plaintiff’s JA 476 First Amended Complaint 28 8/18/14 Plaintiff’s Opposition to Defendant’s Motion JA 507 to Dismiss First Amended Complaint 29 8/28/14 Defendant’s Reply To Plaintiff’s Oppostion JA 550 To Defendant’s Motion To Dismiss First Amended Complaint 36 7/28/15 Transcript of Motion Hearing Held Before JA 575 The Honorable Judge Randoph D. Moss on July 14, 2015 38 9/25/15 Notice by the United States JA 664 39 5/24/16 Memorandum Opinion and Order JA 666 41 6/22/16 Notice of Appeal JA 702 1 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 4 of 433 CERTIFICATE OF FILING AND SERVICE I, Nathan Cardozo, being duly sworn according to law and being over the age of 18, upon my oath depose and say that: I am counsel for Appellant and am authorized to electronically file the foregoing DEFERRED JOINT APPENDIX with the Clerk of Court using the CM/ECF System, which will serve via e-mail notice of such filing to all counsel registered as CM/ECF users, including any of the following: ROBERT PHILLIP CHARROW LAURA METCOFF KLAUS THOMAS R. SNIDER Greenberg Traurig, LLP 2101 L Street NW #1000 Washington, DC 20036 Counsel for Defendant-Appellee Federal Democratic Republic of Ethiopia MICHELLE RENEE BENNETT U.S. Department of Justice Civil Division 20 Massachusetts Avenue, NW Room 7200 Washington, DC 20530 Counsel for interested party United States of America Dated: December 14, 2016 /s/ Nathan Cardozo Counsel for Appellant 2 Case 1:14-cv-00372-RDM Document 1 Filed 03/05/14 Page 1 of 15 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 5 of 433 JA 001 Case 1:14-cv-00372-RDM Document 1 Filed 03/05/14 Page 2 of 15 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 6 of 433 JA 002 Case 1:14-cv-00372-RDM Document 1 Filed 03/05/14 Page 3 of 15 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 7 of 433 JA 003 Case 1:14-cv-00372-RDM Document 1 Filed 03/05/14 Page 4 of 15 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 8 of 433 JA 004 Case 1:14-cv-00372-RDM Document 1 Filed 03/05/14 Page 5 of 15 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 9 of 433 JA 005 Case 1:14-cv-00372-RDM Document 1 Filed 03/05/14 Page 6 of 15 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 10 of 433 JA 006 Case 1:14-cv-00372-RDM Document 1 Filed 03/05/14 Page 7 of 15 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 11 of 433 JA 007 Case 1:14-cv-00372-RDM Document 1 Filed 03/05/14 Page 8 of 15 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 12 of 433 JA 008 Case 1:14-cv-00372-RDM Document 1 Filed 03/05/14 Page 9 of 15 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 13 of 433 JA 009 Case 1:14-cv-00372-RDM Document 1 Filed 03/05/14 Page 10 of 15 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 14 of 433 JA 010 Case 1:14-cv-00372-RDM Document 1 Filed 03/05/14 Page 11 of 15 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 15 of 433 JA 011 Case 1:14-cv-00372-RDM Document 1 Filed 03/05/14 Page 12 of 15 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 16 of 433 JA 012 Case 1:14-cv-00372-RDM Document 1 Filed 03/05/14 Page 13 of 15 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 17 of 433 JA 013 Case 1:14-cv-00372-RDM Document 1 Filed 03/05/14 Page 14 of 15 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 18 of 433 JA 014 Case 1:14-cv-00372-RDM Document 1 Filed 03/05/14 Page 15 of 15 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 19 of 433 JA 015 Case 1:14-cv-00372-RDM Document 1-1 Filed 03/05/14 Page 1 of 3 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 20 of 433 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ___________________________________ JOHN DOE, ) ) Civil No.: __________________ Plaintiff, ) ) v. ) ) FEDERAL DEMOCRATIC REPUBLIC OF ) ETHIOPIA, ) ) Defendant. ) ) DECLARATION OF JOHN DOE (AKA “KIDANE”) IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN PSEUDONYM 1. I, John Doe, also known by the pseudonym “Kidane” am a U.S. citizen, and a former citizen and resident of Ethiopia. I have personal knowledge of the matters stated in this Declaration and, if called upon to do so, I am competent to testify to all matters set forth herein. 2. I am one of several siblings in my family. I was born in Ethiopia and lived there for decades until the early 1990s, during which time I visited the United States on vacation. 3. While in the U.S., the political situation in Ethiopia changed rapidly, and I was fearful to return to the country. Thus, I filed for, and was quickly granted, asylum to remain in the U.S. 4. I have subsequently lived in the U.S. and obtained U.S. citizenship. Many of my siblings and extended family, including minor children, continue to live in Ethiopia to the present day. 5. I have, from time to time for approximately the last five years, provided technical and administrative support to other members of the Ethiopian diaspora. Some of my contacts JA 016 Case 1:14-cv-00372-RDM Document 1-1 Filed 03/05/14 Page 2 of 3 USCA Case #16-7081 Document #1651139 Filed: 12/14/2016 Page 21 of 433 participate in a movement to protest and raise awareness of the current state of political corruption and human rights abuse occurring in Ethiopia. 6. I consistently use the pseudonym “Kidane” in my work with the Ethiopian diaspora to protect the physical and mental well being of both myself and my family members who may be targeted by the Ethiopian government and members of the Ethiopian diaspora sympathetic to the government in response to my association with other Ethiopian expatriates. Indeed, not even all of my closest, most immediate family members know about my work providing support to the diaspora. 7. I would be extremely hesitant to continue to seek legal redress in this case should I be denied this request to proceed pseudonymously, as I fear the litigation would put my life and the lives of my family at substantial risk. 8. One particular organization was formed outside of Ethiopia within the diaspora community in order to protest abuses by the Ethiopian government. The organization came to be known as “Ginbot 7,” a reference to the month and date of a repressed election in Ethiopia. Ginbot 7 has subsequently organized a democratic opposition to the Ethiopian government, and operates as way for members of the diaspora movement to protest against the abuses of Ethiopian government in a collective fashion. 9. I am not a leader of Ginbot 7, nor am I a member of the organization. I have provided some technical support and assistance to members of the organization for the past few years.