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: