Civil Action #05-11445DPW
Last updated 5 Feb 07

The Gray case involved a foreign born commercial pilot who was initially denied authorization by the TSA to train on larger aircraft. When he appealed this determination he found himself on the No-Fly list. This was a particular hardship as he was then working as a commercial pilot in Massachusetts. Here is an article on the matter dated 9/22/05.

Gray filed a complaint in the District Court of Massachusetts and petition for review of an administrative action in the Federal Appellate Court.

Gray filed his amended complaint and a motion for preliminary injunction in the district court on 9/16/05. TSA filed an opposition to Gray’s motion for preliminary injunction on 9/20/05. Gray filed a reply memorandum in support of his motion for preliminary injunction on 9/21/05. The District Court Judge ruled that he did not have jurisdiction over the case.

Gray filed his initial petition for review in the Appellate Court on 7/8/05. Gray filed an amended petition for review on 9/21/05 along with an affidavit from Gray, an emergency motion for interim relief, and a memorandum in support of his emergency motion for interim relief.

On 9/22/05, Gray’s attorney wrote a letter to the Appellate Court regarding the disputed recollections of a phone conversation relating to TSA sharing information on Gray with Gray’s attorneys.

On 9/27/05, TSA filed both a motion to file materials under seal for ex parte and in camera review and a response to Gray’s emergency motion for interim relief.

On 9/28/05, Judge Boudin filed an order granting TSA’s motion to file documents under seal.

On 9/29/05, Gray filed a motion for reconsideration of the order granting TSA’s motion to file documents under seal.

On 10/3/05, TSA filed an opposition to Gray’s motion for reconsideration.

On 10/4/05, Judge Boudin denied Gray’s motion for reconsideration.

On 10/25/05, the TSA filed documents under seal and filed a redacted declaration of Justin P. Oberman, assistant administrator for the office of Transportation Threat Assessment and Credentialing at DHS

On 10/26/05, Gray filed a motion for stay of proceedings as “Petitioner is presently engaged in active efforts to reach an informal resolution with the government on this matter.”

On 10/27/05, Gray filed a motion requesting an order “compelling the production of information concerning government’s asserted case – in order for Petitioner to respond. In the event that the motion to stay (filed 10/26/05) is allowed, this instant motion is moot.”

On 10/27 Judge Boudin granted Gray’s motion to stay. Since then the parties have filed six separate monthly joint status reports stating that “parties continue to make substantial progress towards resolving this matter without further intervention by the court. In December 2005, Gray’s employer stated that he was returning to work as a pilot.

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