Yayomi Kanai v. United States Department of Homeland Security et al
| Yayomi Kanai |
| United States Department of Homeland Security and United States Citizenship and Immigration Services |
| 2:2020cv05345 |
| June 16, 2020 |
| US District Court for the Central District of California |
| Consuelo B Marshall |
| Karen L Stevenson |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on October 8, 2020. A more recent docket listing may be available from PACER.
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Filing 46
ORDER TO CONTUNUE HEARING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, #43 by Judge Consuelo B. Marshall. Upon consideration of the parties Stipulation to Continue Hearing on Plaintiffs Motion for Summary Judgment, and good cause appearing therefore, this Court orders the hearing on the Motion shall be continued from September 8, 2020 to October 6, 2020 at 10:00 AM and the briefing schedule shall be in accordance with the Local Rules. (shb)
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| Filing 45 NOTICE OF LODGING filed re Minutes of In Chambers Order/Directive - no proceeding held, #44 (Attachments: #1 Proposed Order)(Piston, Michael) |
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Filing 44
MINUTE IN CHAMBERS ORDER REQUIRING PLAINTIFF TO FILE A PROPOSED ORDER RE MOTION FOR PRELIMINARY INJUNCTION by Judge Consuelo B. Marshall: Pending before the Court is an order to show cause why a preliminary injunction should not issue against Defendants. The Court orders Plaintiff Yayomi Kanai to file a proposed order for the preliminary injunction no later than August 18, 2020, pursuant to Local Rule 7-20. IT IS SO ORDERED. (shb)
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| Filing 43 STIPULATION for Hearing re Plaintiff's Motion for Summary Judgment filed by Defendants United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: #1 Proposed Order)(Kollitz, Aaron) |
| Filing 42 NOTICE OF MOTION AND MOTION for Summary Judgment as to the Complaint filed by plaintiff Yayomi Kanai. Motion set for hearing on 9/8/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Memorandum) (Piston, Michael) |
| Filing 41 MINUTES OF TELEPHONIC HEARING RE PRELIMINARY INJUNCTION Hearing held before Judge Consuelo B. Marshall: The case is called and counsel state their appearance. The Court and counsel confer via telephone regarding the status of the case. The defendant informs the Court that they intend to file a motion for summary judgment. Following discussions with the parties, the Court will take the preliminary injunction under submission. The Temporary Restraining Order remains in full force and effect. A written order will issue. IT IS SO ORDERED. Court Reporter: Terri Hourigan. (shb) |
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Filing 40
MINUTE ORDER IN CHAMBERS - NOTICE TO ALL PARTIES OF COURT ORDER by Judge Consuelo B. Marshall. On the Court's own motion, the Preliminary Injunction hearing, currently scheduled for August 4, 2020 at 9:00 a.m, is hereby ordered to be heard by telephone. No one is to appear in person on August 4, 2020 at 9:00 a.m. (lom)
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Filing 39
MINUTE IN CHAMBERS - NOTICE TO ALL PARTIES OF COURT ORDER by Judge Consuelo B. Marshall: On the Courts own motion, the preliminary injunction hearing, currently scheduled for August 4, 2020, is hereby ordered ADVANCED to AUGUST 4, 2020 AT 9AM.IT IS SO ORDERED. (shb)
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| Filing 38 REPLY support EX PARTE APPLICATION for Temporary Restraining Order as to To restrain DHS from Ordering Plaintiff Removed #2 filed by Plaintiff Yayomi Kanai. (Piston, Michael) |
| Filing 37 NOTICE Of Filing Declaration Of Clyde Moore In Support Of Defendants Response To Order To Show Cause Re Preliminary Injunction filed by Defendants United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: #1 Declaration Of Clyde Moore)(Kollitz, Aaron) |
| Filing 36 RESPONSE filed by Defendants United States Citizenship and Immigration Services, United States Department of Homeland Securityto Order,,,, Set/Reset Motion Hearing and R&R Deadlines,,,, Set/Reset Deadlines/Hearings,,, #34 (Attachments: #1 Proposed Order)(Kollitz, Aaron) |
| Filing 35 REFUND OF $400.00 made payable on 07/16/2020 to Michael Piston for payment made on 06/16/2020 Re: REQUEST for Refund of Fees Paid Re: Application/Motion/Request (Attorney Civil Case Opening), #1 #9 . (rdj) |
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Filing 34
ORDER by Judge Consuelo B. Marshall, re Stipulation to Continue Hearing, #33 . IT IS HEREBY ORDERED that: 1. The hearing on the preliminary injunction currently set for July 8, 2020, shall be taken on calendar; 2. The hearing on the preliminary injunction shall be continued to August 4, 2020 at 10:00 a.m. 3. The temporary restraining order shall remain in full force and effect until the date of the hearing on the preliminary injunction; 4. The briefing schedule for the order to show cause whether the preliminary injunction should issue shall be as proposed in the Defendants First Ex Parte Application For an Order Enlarging Time to File a Response to the Courts Order of June 25, 2020; 5. Defendants shall have up to and including July 20, 2020, within which to file their response/opposition. 6. Plaintiff has have up to and including July 24, 2020 within which to file her reply, if any. (shb)
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| Filing 33 STIPULATION to Continue Hearing and TRO from July 8, 2020 to August 4, 2020 Re: Order on Motion to Waive,, Order on Motion for Temporary Restraining Order, #24 , Order on Motion for Extension of Time to File,,, #32 , EX PARTE APPLICATION for Extension of Time to File Response to Court Order dated June 25, 2020 #30 filed by Defendants United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: #1 Proposed Order)(Osinoff, Joanne) |
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Filing 32
MINUTES (IN CHAMBERS) ORDER RE DKT NO. 30 by Judge Consuelo B. Marshall: The Court orders the parties to meet and confer to discuss whether the temporary restraining order shall remain in full fore and effect until the date of the hearing on the preliminary injunction. Patties may file a stipulation to that effect no later than July 7, 2020 at 5:00 p.m. If the parties so stipulate, the stipulation should also advise the Court whether the hearing scheduled for July 8, 2020 should be taken off calendar. Moreover, the Court is unavailable on July 29, 2020. the date on which Defendant's request a hearing. The Court is available on July 22, 2020 or August 4, 2020. The parties are further ordered to advise the Court no later than July 7, 2020, at 5:00 p.m. regarding which date is preferred. Depending upon the date chosen, the briefing scheduled requested by Defendants may change, IT IS SO ORDERED. (shb)
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| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Aaron Kollitz counsel for Defendants United States Citizenship and Immigration Services, United States Department of Homeland Security. Adding Aaron Kollitz as counsel of record for Defendants for the reason indicated in the G-123 Notice. Filed by Defendants Aaron Kollitz for United States Department of Homeland Security and United States Citizenship and Immigration Services. (Attorney Aaron Kollitz added to party United States Citizenship and Immigration Services(pty:dft), Attorney Aaron Kollitz added to party United States Department of Homeland Security(pty:dft))(Kollitz, Aaron) |
| Filing 30 EX PARTE APPLICATION for Extension of Time to File Response to Court Order dated June 25, 2020 filed by Defendants United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: #1 Proposed Order) (Attorney Joanne I Osinoff added to party United States Citizenship and Immigration Services(pty:dft), Attorney Joanne I Osinoff added to party United States Department of Homeland Security(pty:dft)) (Osinoff, Joanne) |
| Filing 29 DECLARATION of Juan Diaz Unsworn in Lieu of Affidavit filed by Plaintiff Yayomi Kanai. (Doria, Athina) |
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Filing 28
ORDER by Judge Consuelo B. Marshall: GRANTING #10 , #19 , #25 , #27 Non-Resident Attorney Michael E Piston APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Yayomi Kanai, designating Athina Doria as local counsel. (shb)
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| Filing 27 Corrected APPLICATION of Non-Resident Attorney Michael Edward Piston to Appear Pro Hac Vice on behalf of Plaintiff Yayomi Kanai (Pro Hac Vice Fee - $400 Previously Paid on 6/17/2020, Receipt No. ACACDC-26845328) filed by plaintiff Yayomi Kanai. (Attachments: #1 Proposed Order) (Doria, Athina) |
| Filing 26 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Corrected APPLICATION of Non-Resident Attorney Michael Edward Piston to Appear Pro Hac Vice on behalf of Plaintiff Yayomi Kanai (Pro Hac Vice Fee - $400 Previously Paid on 6/17/2020, Receipt No. ACACDC-26845328) #25 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. Other error(s) with document(s): [Prop] Order should be attached to Corrected Application. (lom) |
| Filing 25 Corrected APPLICATION of Non-Resident Attorney Michael Edward Piston to Appear Pro Hac Vice on behalf of Plaintiff Yayomi Kanai (Pro Hac Vice Fee - $400 Previously Paid on 6/17/2020, Receipt No. ACACDC-26845328) filed by plaintiff Yayomi Kanai. (Piston, Michael) |
| Filing 24 MINUTES (IN CHAMBERS) by Judge Consuelo B. Marshall: ORDER RE DKT. NO. #2 AND #3 . The Court GRANTS the TRO and orders the DHS and its officers, agents, and employees to refrain from ordering Plaintiff Yayomi Kanais removal pending a hearing on her application for a preliminary injunction. The hearing on the order to show cause is hereby scheduled for July 8, 2020, at 10 a.m. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) |
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Filing 23
STANDING ORDER upon filing of the complaint by Judge Consuelo B. Marshall. READ THIS ORDER CAREFULLY. It controls this case and may differ in some respects from the Local Rules. (ys)
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| Filing 22 DECLARATION of Michael E. Piston In Support of Plaintiff's Application for an Ex Parte Temporary Restraining Order EX PARTE APPLICATION for Temporary Restraining Order as to To restrain DHS from Ordering Plaintiff Removed #2 filed by Plaintiff Yayomi Kanai. (Attachments: #1 Exhibit A. Decision)(Doria, Athina) |
| Filing 21 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Michael Edward Piston to Appear Pro Hac Vice on behalf of Plaintiff Yayomi Kanai (Pro Hac Vice Fee - $400 Previously Paid on 6/17/2020, Receipt No. ACACDC-26845328) #19 . The following error(s) was/were found: GSC should also be attached to "Corrected" Application. (lom) |
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Filing 20
MINUTES (IN CHAMBERS) ORDER RE DKT. NO. 2 by Judge Consuelo B. Marshall. Plaintiff is ordered to file with the Court an affidavit consistent with Fed. R. Civ. P. 65(b)(1) no later than June 22, 2020, at 1:00 p.m. Failure to comply with this order will result in the denial of the TRO without prejudice. (iv)
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| Filing 19 APPLICATION of Non-Resident Attorney Michael Edward Piston to Appear Pro Hac Vice on behalf of Plaintiff Yayomi Kanai (Pro Hac Vice Fee - $400 Previously Paid on 6/17/2020, Receipt No. ACACDC-26845328) filed by plaintiff Yayomi Kanai. (Attachments: #1 Proposed Order) (Doria, Athina) |
| Filing 18 RESPONSE filed by Plaintiff Yayomi Kanaito Minutes of In Chambers Order/Directive - no proceeding held,,,, Order to Show Cause,,, #17 (Doria, Athina) |
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Filing 17
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE RE DKT NO. 2 by Judge Consuelo B. Marshall. Plaintiff is ordered to show cause why this Court has jurisdiction over this action no later than July 18, 2020 at 4:00 p.m. Plaintiff's supplemental brief regarding jurisdiction should address whether the decision of the USCIS was final, the statutory authority under which this Court may review the decision and/or authority supporting jurisdiction in this case. Furthermore, the Court directs counsel for Plaintiff to Fed. R. Vic. P. 5.2 and Local Rule 5.2-1 both addressing privacy protection for filings made with the Court, because, exhibits filed concurrently with the application contain the social security number, home address, birth date and other personal information of individuals involved in this action. See order for further details. (shb)
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| Filing 16 60 DAY Summons Issued re Application/Motion/Request (Attorney Civil Case Opening), #1 as to UNITED STATES ATTORNEY GENERAL re Defendants United States Citizenship and Immigration Services, United States Department of Homeland Security. (shb) |
| Filing 15 60 DAY Summons Issued re Application/Motion/Request (Attorney Civil Case Opening), #1 as to United States Attorney re Defendants United States Citizenship and Immigration Services, United States Department of Homeland Security. (shb) |
| Filing 14 60 DAY Summons Issued re Application/Motion/Request (Attorney Civil Case Opening), #1 as to Defendant United States Citizenship and Immigration Services. (shb) |
| Filing 13 60 DAY Summons Issued re Application/Motion/Request (Attorney Civil Case Opening), #1 as to Defendant United States Department of Homeland Security. (shb) |
| Filing 12 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: NOTICE OF MOTION AND MOTION of Non-Resident Attorney Michael Edward Piston to Appear Pro Hac Vice on behalf of Plaintiff Yayomi Kanai (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26845328) #10 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Local Rule 5-4.3.4 Application not hand-signed. Document is an Application, not a Motion to be noticed. The application and proposed order are out of sequence. There are signed pages, unsigned pages and proposed orders. A proposed order is attached as page 1 of application. (Thrasher, Lupe) |
| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #8 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Other Filings Notices - select - Certificate/Notice of Interested Parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) |
| Filing 10 NOTICE OF MOTION AND MOTION of Non-Resident Attorney Michael Edward Piston to Appear Pro Hac Vice on behalf of Plaintiff Yayomi Kanai (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26845328) filed by plaintiff Yayomi Kanai. (Attachments: #1 Proposed Order, #2 Exhibit Certificate of Good Standing) (Doria, Athina) |
| Filing 9 REQUEST for Refund of Fees Paid Re: Application/Motion/Request (Attorney Civil Case Opening), #1 filed by plaintiff Yayomi Kanai. (Doria, Athina) |
| Filing 8 NOTICE filed by plaintiff Yayomi Kanai. (of Interested Parties) (Doria, Athina) |
| Filing 7 Request for Clerk to Issue Summons on Application/Motion/Request (Attorney Civil Case Opening), #1 filed by plaintiff Yayomi Kanai. (Attachments: #1 Exhibit Summons to DHS, #2 Exhibit Summons to USCIS, #3 Exhibit Summons to U.S. Attorney for Central District of California, #4 Exhibit Summons to U.S. Attorney General)(Doria, Athina) |
| Filing 6 CIVIL COVER SHEET filed by Plaintiff Yayomi Kanai. (Doria, Athina) |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Application/Motion/Request (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. The Civil Cover Sheet (CV-71)is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule 3-1. Counsel must file a completed Civil Cover Sheet immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. Other error(s) with document(s): Item one is the Complaint e-filed under the incorrect category. The clerk has modified the docket entry to reflect that this is the complaint. (car) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Karen L. Stevenson. (car) |
| Filing 3 NOTICE OF MOTION AND MOTION to Waive of Ex Parte Application for Temporary Restraining Order (to waive notice of Ex Parte Application for TRO) filed by plaintiff Yayomi Kanai. Motion set for hearing on 6/17/2020 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Doria, Athina) |
| Filing 2 EX PARTE APPLICATION for Temporary Restraining Order as to To restrain DHS from Ordering Plaintiff Removed filed by plaintiff YAYOMI KANAI. Ex Parte Application set for hearing on 6/17/2020 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Memorandum, #2 Exhibit A. Decision, #3 Exhibit B1. Application for Adustment of Status Pt. 1., #4 Exhibit B2. Application for Adjustment of Status Pt2., #5 Proposed Order) (Doria, Athina) |
| Filing 1 [COMPLAINT] Filed as APPLICATION for Judicial Review of Denial of Application for Adjustment of Status with filing fee previously paid ($400 paid on 06/16/2020, receipt number BCACDC-26830537), filed by plaintiff YAYOMI KANAI. (Attorney Athina Doria added to party YAYOMI KANAI(pty:pla))(Doria, Athina) Modified on 6/16/2020 (car). |
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