Colors of India et al v. Kirstjen M. Nielsen et al
| V. G., R. D., K. L., M. R., K. B., M. F. A. N., Leena Singh, A. S. K., T. W. M., H. G., S. A.H., S. R. G., M. B. and Colors of India |
| Director Christopher A. Wray, USCIS, Director Lee Francis Cissna, Secretary Kirstjen M. Nielsen, Jefferson B. Sessions, III, Director Donald Neufeld, Kirstjen M. Nielsen, Lee Francis Cissna, Christopher A. Wray, Donald Neufeld and United States Citizenship and Immigration Services |
| 2:2018cv04070 |
| May 15, 2018 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Alka Sagar |
| Other Immigration Actions |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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| Filing 57 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #53 , CCA # 20-55492. The judgment of this Court, entered August 03, 2021, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum #56 , AFFIRMED.] (mat) |
| Filing 56 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #53 filed by M. F. A. N.. CCA # 20-55492. The decision of the District Court is AFFIRMED. (iv) |
| Filing 55 DESIGNATION of Record on Appeal by plaintiff M. F. A. N. re #53 (Vashistha, Anish) |
| Filing 54 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55492 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #53 as to Plaintiff M. F. A. N. (iv) |
| Filing 53 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by plaintiff M. F. A. N.. Appeal of Order on Motion to Alter Judgment, #52 , Order on Motion for Summary Judgment,,, #47 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-26327824.) (Attachments: #1 Attachment to Form A-02, #2 Form 1. Notice of Appeal from a Judgment or Order of a United States District Court, #3 Form 6. Representation Statement)(Vashistha, Anish) |
Filing 52
MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFF'S MOTION TO ALTER OR AMEND THE JUDGMENT #48 by Judge Michael W. Fitzgerald. The Motion is GRANTED in part and DENIED in part. To the extent that Motion is granted, the Court's prior Order #47 is amended in accordance with this Order. Otherwise, the Court's prior Order remains in effect. The action remains DISMISSED. (iv)
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Filing 51
SCHEDULING NOTICE AND ORDER TAKING MOTION OFF CALENDAR AND UNDER SUBMISSION by Judge Michael W. Fitzgerald. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that Plaintiff M.F.A.N.'s Motion to Alter Judgment #48 is appropriate for submission on the papers without oral argument. Accordingly, the motion hearing set for January 6, 2020 is vacated and taken off calendar. The Court will issue its ruling at a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
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| Filing 50 REPLY in support of NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Summary Judgment,,, #47 . #48 filed by Plaintiff M. F. A. N.. (Vashistha, Anish) |
| Filing 49 OPPOSITION TO PLAINTIFF'S MOTION TO ALTER OR AMEND THE JUDGMENT in Opposition to re: NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Summary Judgment,,, #47 . #48 Memorandum of Points and Authorities; Declaration of David Pinchas filed by Defendants Lee Francis Cissna, Donald Neufeld, Kirstjen M. Nielsen, Jefferson B. Sessions, III, United States Citizenship and Immigration Services, Christopher A. Wray. (Attachments: #1 Declaration of David Pinchas, #2 Exhibit "A")(Pinchas, David) |
| Filing 48 NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Summary Judgment,,, #47 . filed by plaintiff M. F. A. N.. Motion set for hearing on 1/6/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Anish Vashistha, #2 Exhibit 1 to Declaration of Anish Vashistha, #3 Exhibit 2 to Declaration of Anish Vashistha, #4 Proposed Order Granting Motion) (Vashistha, Anish) |
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Filing 47
MINUTES (IN CHAMBERS) ORDER RE: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES AND MOTION TO DISMISS #30 ; PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT #31 by Judge Michael W. Fitzgerald. Plaintiff's Motion is DENIED and Defendants' Motion is GRANTED. The action is DISMISSED. MD JS-6. Case Terminated. (iv)
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| Filing 46 Exhibit List filed by Plaintiff M. F. A. N... (Vashistha, Anish) |
| Filing 45 Witness List filed by Plaintiff M. F. A. N... (Vashistha, Anish) |
| Filing 44 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff M.F.A.N. M. F. A. N.. (Vashistha, Anish) |
| Filing 43 Exhibit List filed by defendants Lee Francis Cissna, Donald Neufeld, Kirstjen M. Nielsen, Jefferson B. Sessions, III, United States Citizenship and Immigration Services, Christopher A. Wray.. (Pinchas, David) |
| Filing 42 Witness List filed by defendants Lee Francis Cissna, Donald Neufeld, Kirstjen M. Nielsen, Jefferson B. Sessions, III, United States Citizenship and Immigration Services, Christopher A. Wray.. (Pinchas, David) |
| Filing 41 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Lee Francis Cissna, Donald Neufeld, Kirstjen M. Nielsen, Jefferson B. Sessions, III, United States Citizenship and Immigration Services, Christopher A. Wray. (Pinchas, David) |
| Filing 40 MINUTES OF MOTION FOR SUMMARY JUDGMENT #30 ; MOTION FOR SUMMARY JUDGMENT #31 before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Marea Woolrich. (iv) |
| Filing 39 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Michael W. Fitzgerald. MOTION for Summary Judgment as to as to Plaintiff M.F.A.N.'s claims in whole or in part including Statement of Uncontroverted Facts and Conclusions of Law #31 ,MOTION for Summary Judgment or in the Alternative, for Summary Adjudication of Issues and Motion to Dismiss #30 Motions set for hearing on 10/8/2019 at 2:30 PM before Judge Michael W. Fitzgerald. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (st) TEXT ONLY ENTRY |
| Filing 38 RESPONSE filed by Plaintiff M. F. A. N.to Objection, #37 and to Request to Strike the Reply and its Exhibits (Vashistha, Anish) |
| Filing 37 OBJECTIONS to Reply (Motion related), #36 and Request to Strike the Reply and its Exhibits filed by Defendants Lee Francis Cissna, Donald Neufeld, Kirstjen M. Nielsen, Jefferson B. Sessions, III, United States Citizenship and Immigration Services, Christopher A. Wray. (Pinchas, David) |
| Filing 36 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Plaintiff M.F.A.N.'s claims in whole or in part including Statement of Uncontroverted Facts and Conclusions of Law #31 with Exhibits A-C filed by Plaintiff M. F. A. N.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Vashistha, Anish) |
| Filing 35 NOTICE OF ERRATA filed by Defendants Lee Francis Cissna, Donald Neufeld, Kirstjen M. Nielsen, Jefferson B. Sessions, III, United States Citizenship and Immigration Services, Christopher A. Wray. correcting Reply (Motion related), #34 (Pinchas, David) |
| Filing 34 REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment , or in the Alternative, for Summary Adjudication of Issues and Motion to Dismiss #30 , Memorandum of Points and Authorities filed by Defendants Lee Francis Cissna, Donald Neufeld, Kirstjen M. Nielsen, Jefferson B. Sessions, III, United States Citizenship and Immigration Services, Christopher A. Wray. (Pinchas, David) |
| Filing 33 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment , or in the Alternative, for Summary Adjudication of Issues and Motion to Dismiss #30 and Statement of Genuine Disputes filed by Plaintiff M. F. A. N.. (Vashistha, Anish) |
| Filing 32 OPPOSITION to Plaintiff's Motion for Summary Judgment in Opposition to re: NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Plaintiff M.F.A.N.'s claims in whole or in part including Statement of Uncontroverted Facts and Conclusions of Law #31 , Memorandum of Points and Authorities filed by Defendants Lee Francis Cissna, Donald Neufeld, Kirstjen M. Nielsen, Jefferson B. Sessions, III, United States Citizenship and Immigration Services, Christopher A. Wray. (Pinchas, David) |
| Filing 31 NOTICE OF MOTION AND MOTION for Summary Judgment as to as to Plaintiff M.F.A.N.'s claims in whole or in part including Statement of Uncontroverted Facts and Conclusions of Law filed by Plaintiff M.F.A.N. M. F. A. N.. Motion set for hearing on 10/7/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Exhibit Redacted Administrative Record, #2 Proposed Order Granting Plaintiff M.F.A.N.'s Motion in Whole or in Part) (Vashistha, Anish) |
| Filing 30 NOTICE OF MOTION AND MOTION for Summary Judgment , or in the Alternative, for Summary Adjudication of Issues and Motion to Dismiss filed by defendants Lee Francis Cissna, Donald Neufeld, Kirstjen M. Nielsen, Jefferson B. Sessions, III, United States Citizenship and Immigration Services, Christopher A. Wray. Motion set for hearing on 10/7/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Exhibit 1 (Administrative Record), #2 Statement of Uncontroverted Facts and Conclusions of Law, #3 Proposed Judgment) (Pinchas, David) |
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Filing 29
ORDER GRANTING STIPULATION TO CONTINUE REMAINING PRETRIAL AND TRIAL DATES #28 by Judge Michael W. Fitzgerald. Motion Hearing Cut-off: 10/7/2019. Pretrial Conference: 11/25/2019. Trial Date: 1/7/2020. (iv)
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| Filing 28 STIPULATION to Continue REMAINING PRETRIAL AND TRIAL DATES from 12/10/2019 to 01/07/2020 Re: Pretrial-Trial Scheduling Order - form only,, #27 filed by Defendants Lee Francis Cissna, Donald Neufeld, Kirstjen M. Nielsen, United States Citizenship and Immigration Services. (Attachments: #1 Proposed Order)(Pinchas, David) |
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Filing 27
ORDER RE COURT TRIAL by Judge Michael W. Fitzgerald. Last Day to Add Parties/Amend Pleadings 7/29/2019. Non-expert Discovery Cut-off 8/2/2019. Last Day to Hear Motions 9/9/2019. PFile Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine 10/28/2019. Final Pretrial Conference and Hearing on Motions in Limine 11/18/2019 at 11:00 AM. Trial Date (Est. 1 Day) set for 12/10/2019 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 26
ORDER/REFERRAL to ADR Procedure No 2 by Judge Michael W. Fitzgerald. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 9/23/2019. (iv)
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| Filing 25 MINUTES OF SCHEDULING CONFERENCE held before Judge Michael W. Fitzgerald. Case called and counsel make their appearance. The Scheduling Conference held. The Court sets dates. Please see separate Order Re Court Trial, also filed today. Court Reporter: Amy Diaz. (iv) |
| Filing 24 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1 day, filed by Defendants Lee Francis Cissna, Kirstjen M. Nielsen.. (Attachments: #1 Exhibit "A" (Schedule of Pretrial and Trial Dates Worksheet))(Pinchas, David) |
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Filing 23
ORDER CONTINUING SCHEDULING CONFERENCE TO JUNE 24, 2019 AT 11:00 A.M #22 by Judge Michael W. Fitzgerald. The scheduling conference currently scheduled for June 17, 2019 at 11:00 a.m. in the above-entitled action be continued to June 24, 2019 at 11:00 a.m. (lom)
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| Filing 22 Joint STIPULATION to Continue Scheduling Conference from June 17, 2019 at 11:00 a.m. to June 24, 2019 at 11:00 a.m. Re: Initial Order Setting R26 Scheduling Conference - form only,, Set/Clear Flags, #21 filed by plaintiff M. F. A. N.. (Attachments: #1 Proposed Order Proposed Order Continuing Scheduling Conference to June 24, 2019 at 11:00 a.m.)(Vashistha, Anish) |
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Filing 21
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference for 6/17/2019 at 11:00 AM. (iv)
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Filing 20
ORDER STAYING THE ENTIRE CASE DUE TO THE LAPSE OF APPROPRIATIONS #19 by Judge Michael W. Fitzgerald. The Court, ORDERS that due to the lapse in appropriations to the Department of Justice, the entire case is stayed until Department of Justice attorneys are permitted to resume their usual civil litigation functions. (iv)
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| Filing 19 EX PARTE APPLICATION to Stay Case , Declaration of David Pinchas filed by Defendants Lee Francis Cissna, Donald Neufeld, Kirstjen M. Nielsen, Jefferson B. Sessions, III, United States Citizenship and Immigration Services, Christopher A. Wray. (Attachments: #1 Proposed Order Staying the Entire Case Due to Lapse of Appropriations) (Pinchas, David) |
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Filing 18
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference on 1/28/2019 at 11:00 AM. (iv)
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| Filing 17 ANSWER to Complaint (Attorney Civil Case Opening), #3 for Relief in the Nature of Mandamus or Injunctive Relief of Remaining Plaintiff M.F.A.N. filed by Defendants Lee Francis Cissna, Donald Neufeld, Kirstjen M. Nielsen, Jefferson B. Sessions, III, United States Citizenship and Immigration Services, Christopher A. Wray.(Pinchas, David) |
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Filing 16
MINUTES (IN CHAMBERS) ORDER RE: DEFENDANTS' MOTION TO DISMISS CASE #12 by Judge Michael W. Fitzgerald. Defendants' Motion is GRANTED in part and DENIED in part. Defendants shall file a response, if any, to Plaintiff Ten's allegations by November 16, 2018. (iv)
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| Filing 15 MINUTES OF DEFENDANTS' MOTION TO DISMISS CASE #12 before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv) |
| Filing 14 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case , Memorandum of Points and Authorities #12 filed by Defendants Lee Francis Cissna, Donald Neufeld, Kirstjen M. Nielsen, Jefferson B. Sessions, III, United States Citizenship and Immigration Services, Christopher A. Wray. (Pinchas, David) |
| Filing 13 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case , Memorandum of Points and Authorities #12 PLAINTIFFS' RESPONSE IN OPPOSITION TO PARTS, AND IN NON-OPPOSITION TO OTHER PARTS, OF DEFENDANTS' MOTION TO DISMISS filed by Plaintiffs M. F. A. N., S. A.H., K. B., M. B., Colors of India, R. D., H. G., S. R. G., V. G., A. S. K., K. L., T. W. M., M. R., Leena Singh. (Vashistha, Anish) |
| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case , Memorandum of Points and Authorities filed by Defendants Lee Francis Cissna, Donald Neufeld, Kirstjen M. Nielsen, Jefferson B. Sessions, III, United States Citizenship and Immigration Services, Christopher A. Wray. Motion set for hearing on 10/15/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Robert Ortiz, #2 Declaration of David Pinchas, #3 Exhibit 1, #4 Exhibit 2, #5 Proposed Order Granting Motion to Dismiss) (Pinchas, David) |
| Filing 11 STIPULATION Extending Time to Answer the complaint as to Jefferson B. Sessions, III answer now due 9/14/2018; Kirstjen M. Nielsen answer now due 9/14/2018; United States Citizenship and Immigration Services answer now due 9/14/2018; Lee Francis Cissna answer now due 9/14/2018; Christopher A. Wray answer now due 9/14/2018; Donald Neufeld answer now due 9/14/2018, re Complaint (Attorney Civil Case Opening), #3 filed by Defendants Jefferson B. Sessions, III; Kirstjen M. Nielsen; United States Citizenship and Immigration Services; Lee Francis Cissna; Christopher A. Wray; Donald Neufeld. (Attachments: #1 Proposed Order)(Pinchas, David) |
| Filing 10 Third STIPULATION Extending Time to Answer the complaint as to Jefferson B. Sessions, III answer now due 8/16/2018; Kirstjen M. Nielsen answer now due 8/16/2018; United States Citizenship and Immigration Services answer now due 8/16/2018; Lee Francis Cissna answer now due 8/16/2018; Christopher A. Wray answer now due 8/16/2018; Donald Neufeld answer now due 8/16/2018, re Complaint (Attorney Civil Case Opening), #3 filed by Defendants Jefferson B. Sessions, III; Kirstjen M. Nielsen; United States Citizenship and Immigration Services; Lee Francis Cissna; Christopher A. Wray; Donald Neufeld.(Attorney David E Pinchas added to party Lee Francis Cissna(pty:dft), Attorney David E Pinchas added to party Donald Neufeld(pty:dft), Attorney David E Pinchas added to party Kirstjen M. Nielsen(pty:dft), Attorney David E Pinchas added to party Jefferson B. Sessions, III(pty:dft), Attorney David E Pinchas added to party United States Citizenship and Immigration Services(pty:dft), Attorney David E Pinchas added to party Christopher A. Wray(pty:dft))(Pinchas, David) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff V. G., Colors of India, T. W. M., A. S. K., K. L., M. F. A. N., M. R., M. B., K. B., R. D., S. R. G., Leena Singh, H. G., S. A.H., upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Pat Myles. Executed upon the Attorney Generals Office of the United States by unspecified means. Executed upon the officer agency or corporation by unspecified means. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. Proof of mailing via certified mail, return receipt requested on May 18, 2018 to all Defendants is attached. (Vashistha, Anish) |
| Filing 8 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #3 as to Defendants Lee Francis Cissna, Donald Neufeld, Kirstjen M. Nielsen, Jefferson B. Sessions, III, United States Citizenship and Immigration Services and Christopher A. Wray. (jtil) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Alka Sagar. (jtil) |
| Filing 6 Request for Clerk to Issue Summons on Notice (Other) #2 , Notice of Related Case(s) #4 , Civil Cover Sheet (CV-71) #5 , Complaint (Attorney Civil Case Opening), #3 , Certificate/Notice of Interested Parties,,, #1 filed by plaintiff M. F. A. N., S. A.H., K. B., M. B., Colors of India, R. D., H. G., S. R. G., V. G., A. S. K., K. L., T. W. M., M. R., Leena Singh. (Attachments: #1 Attachment to Summons)(Vashistha, Anish) |
| Filing 5 CIVIL COVER SHEET filed by Plaintiffs M. F. A. N., S. A.H., K. B., M. B., Colors of India, R. D., H. G., S. R. G., V. G., A. S. K., K. L., T. W. M., M. R., Leena Singh. (Vashistha, Anish) |
| Filing 4 NOTICE of Related Case(s) filed by plaintiff M. F. A. N., S. A.H., K. B., M. B., Colors of India, R. D., H. G., S. R. G., V. G., A. S. K., K. L., T. W. M., M. R., Leena Singh. (Vashistha, Anish) |
| Filing 3 COMPLAINT with filing fee previously paid ($400 paid on 05/15/2018, receipt number 269NCM5I), filed by plaintiff V. G., Colors of India, T. W. M., A. S. K., K. L., M. F. A. N., M. R., M. B., K. B., R. D., S. R. G., Leena Singh, H. G., S. A.H..(Vashistha, Anish) |
| Filing 2 NOTICE filed by plaintiff M. F. A. N., S. A.H., K. B., M. B., Colors of India, R. D., H. G., S. R. G., V. G., A. S. K., K. L., T. W. M., M. R., Leena Singh. (Vashistha, Anish) |
| Filing 1 NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, (Attorney Anish Vashistha added to party M. F. A. N.(pty:pla), Attorney Anish Vashistha added to party S. A.H.(pty:pla), Attorney Anish Vashistha added to party K. B.(pty:pla), Attorney Anish Vashistha added to party M. B.(pty:pla), Attorney Anish Vashistha added to party Colors of India(pty:pla), Attorney Anish Vashistha added to party R. D.(pty:pla), Attorney Anish Vashistha added to party H. G.(pty:pla), Attorney Anish Vashistha added to party S. R. G.(pty:pla), Attorney Anish Vashistha added to party V. G.(pty:pla), Attorney Anish Vashistha added to party A. S. K.(pty:pla), Attorney Anish Vashistha added to party K. L.(pty:pla), Attorney Anish Vashistha added to party T. W. M.(pty:pla), Attorney Anish Vashistha added to party M. R.(pty:pla), Attorney Anish Vashistha added to party Leena Singh(pty:pla))(Vashistha, Anish) |
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