Last Friday, Federal Judge Colleen Kollar-Kotelly, sitting in the United States District Court for the District of Columbia, denied
the Council on American-Islamic Relations’ (CAIR) motion to extend
discovery in the American Freedom Law Center’s defense of the Center for
Security Policy (CSP) and several of its employees, who were sued by
CAIR for conducting an undercover documentary designed to expose the
Islamic organization’s corrupt activities.
Following the reasoning argued by AFLC Co-Founder and Senior Counsel David Yerushalmi in an opposition brief
that was filed on behalf of all defendants, Judge Kollar-Kotelly denied
CAIR’s request to depose two non-party witnesses in the case, ruling
that the request was untimely, without cause, and would “not only
disrupt the Court’s management of its docket, but would also prejudice
Defendants by necessarily stinting mediation efforts and delaying the
potential resolution of this matter through dispositive motions.”
The Court, however, went even further and
scolded CAIR and its in-house legal counsel for their “inability to
efficiently manage their discovery in this matter and to comply with the
Court’s Scheduling and Procedures Order.” As the Court pointed out,
even CAIR’s motion seeking more time for discovery was itself untimely
and substantively deficient.
Yerushalmi, who is the lead counsel for
all defendants, commented: “Not only did CAIR’s substantively deficient
motion violate the Court’s orders in several pertinent respects; it was a
blatant and patently false presentation of the discovery record in this
case. Indeed, this misrepresentation is just a part of CAIR’s pattern
of taking a troubling and seemingly abusive approach to civil
litigation. Accordingly, Judge Kollar-Kotelly’s ruling demonstrates
that the Court is aware of CAIR’s unprofessional tactics, which in turn
speaks to the failure of CAIR to meet its burden of proof and provide
any probative evidence of wrongdoing by any of the defendants.”
Yerushalmi commented: “This litigation has
been ongoing since October 2009. As such, there is nothing to be
gained and much to be lost by re-opening and extending discovery. This
case is ripe for summary judgment.”
The Court agreed with AFLC’s brief, denied
CAIR’s motion, and will soon set a schedule for motions that could
bring this case to a close by ruling in favor of Defendants and exposing
CAIR as the center of a Muslim Brotherhood, mafia-like organization.
Excerpts from Muslim Mafia here:
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