Behring Regional Center LLC v. Mayorkas et al
| Behring Regional Center LLC |
| Alejandro Majorkas, Ur M. Jaddou and Alejandro Mayorkas |
| Invest in the USA |
| 3:2022cv02487 |
| April 22, 2022 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0701 Maritime Subsidy Board |
| None |
Docket Report
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| Filing 58 Transcript of Proceedings held on 06/02/22, before Judge Vince Chhabria. Court Reporter/Transcriber Echo Reporting, Inc., telephone number echoreporting@yahoo.com. Tape Number: FTR 9:53 - 12:39. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #57 Transcript Order ) Redaction Request due 7/11/2022. Redacted Transcript Deadline set for 7/19/2022. Release of Transcript Restriction set for 9/16/2022. (Related documents(s) #57 ) (Jauregui, Tara) (Filed on 6/18/2022) |
| Filing 57 TRANSCRIPT ORDER for proceedings held on 6/2/2022 before Judge Vince Chhabria by Invest in the USA, for Court Reporter FTR - San Francisco. (Hughes, Paul) (Filed on 6/17/2022) |
| Filing 56 MOTION to Intervene filed by Invest in the USA. Motion Hearing set for 7/14/2022 02:30 PM before Judge Vince Chhabria. Responses due by 6/20/2022. Replies due by 6/27/2022. (Attachments: #1 Proposed Order re: intervention, #2 proposed complaint in intervention, #3 proposed preliminary injunction motion, #4 Proposed Order re: preliminary injunction, #5 Allen declaration, #6 Grau declaration)(Hughes, Paul) (Filed on 6/6/2022) |
| Filing 55 Supplemental Brief re 52 Motion Hearing - SUPPLEMENTAL BRIEF OF INVEST IN THE USA filed by Invest in the USA. (Related document(s) 52 ) (Hughes, Paul) (Filed on 6/6/2022) |
| Filing 54 Supplemental Brief re 52 Motion Hearing - DEFENDANTS' BRIEF ON THE PERMISSIBLE REMEDY FOR PLAINTIFFS REQUEST FOR A PRELIMINARY INJUNCTION filed by Ur M. Jaddou, Alejandro Mayorkas. (Related document(s) 52 ) (Press, Joshua) (Filed on 6/6/2022) |
| Filing 53 Supplemental Brief re 52 Motion Hearing - Plaintiff's Brief Regarding Scope of Preliminary Relief filed by Behring Regional Center LLC. (Related document(s) 52 ) (Pickles, Todd) (Filed on 6/6/2022) |
| Filing 52 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom on 6/2/2022 re #8 MOTION for Temporary Restraining Order and Order to Show Cause filed by Behring Regional Center LLC.The Court heard oral argument and took the matter under submission. The parties are each ordered to file 10 page supplemental briefs by 6/6/2022 with their views of the appropriate remedy to the issue, and plaintiff's brief should include whether they prefer the motion be converted to a motion for summary judgment. Total Time in Court: 2 hours 35 minutes. Court Reporter: Hearing recorded via Zoom: 9:53 - 11:55 & 12:06 - 12:39. Plaintiff Attorney: Todd Pickles and Michael Sklaire. Defendant Attorney: Joshua Press and Vanessa Molina. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 6/2/2022) Modified on 6/17/2022: Matter transcribed by Tara (Bauer) Jauregui (ECHO Reporting). (rjd, COURT STAFF). |
Filing 51
ORDER: At tomorrow's hearing, the government should be prepared to answer the following question: Pursuant to what statutory authority was the agency able to oversee and collect fees from the Regional Centers during the periods following the December 2018 sunset and the June 2021 sunset? Signed by Judge Vince Chhabria on 06/01/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 6/1/2022)
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| Filing 50 NOTICE by Ur M. Jaddou, Alejandro Mayorkas of similar case and factual updates (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Molina, Vanessa) (Filed on 6/1/2022) |
| Filing 49 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17208720.) filed by Invest in the USA. (Attachments: #1 Exhibit Certificate of good standing, #2 Proposed Order)(Hughes, Paul) (Filed on 5/25/2022) |
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Filing 48
ORDER: The government should be prepared to address at the hearing whether Senator Grassley's statements were made on the floor of the Senate before passage of the Integrity Act or whether they were inserted into the record as a written statement. The parties should also be prepared to discuss whether that matters. Signed by Judge Vince Chhabria on 05/24/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 5/24/2022)
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Filing 47
ORDER: The Court will hold a second hearing on the motion for a preliminary injunction on June 2, 2022, at 9:30 a.m. Counsel for amicus Invest in the USA is invited to participate. The hearing is currently scheduled to take place in person, but if the parties prefer that the hearing be held over Zoom in light of the short notice, they should notify the Court no later than 5:00 p.m. on Friday, March 27, 2022. Signed by Judge Vince Chhabria on 05/24/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 5/24/2022)
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| Filing 46 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number ACANDC-17204395) filed by Invest in the USA. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order)(Boota, Alex) (Filed on 5/24/2022) |
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Filing 45
Order by Judge Vince Chhabria granting #44 motion for leave to file amicus brief. (vclc1, COURT STAFF) (Filed on 5/24/2022)
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| Filing 44 Consent MOTION for Leave to File Brief and Participate in Any Subsequent Argument as Amicus Curiae in Support of Plaintiff filed by Invest in the USA. (Attachments: #1 Proposed Order, #2 Proposed Amicus Brief, #3 Exhibit A to Proposed Amicus Brief, #4 Exhibit B to Proposed Amicus Brief)(Gaede, William) (Filed on 5/23/2022) |
| Filing 43 REPLY (re #8 MOTION for Temporary Restraining Order and Order to Show Cause ) and Supplemental Submission in Support of Motion for Preliminary Injunction filed byBehring Regional Center LLC. (Attachments: #1 Exhibit Declaration of Colin Behring, #2 Exhibit Screenshot of Agency Position, #3 Exhibit Policy Manual, #4 Exhibit Comparison Chart)(Pickles, Todd) (Filed on 5/23/2022) |
| Filing 42 NOTICE by Ur M. Jaddou, Alejandro Mayorkas re #41 Supplemental Brief, (Press, Joshua) (Filed on 5/19/2022) |
| Filing 41 SUPPLEMENTAL BRIEF in Support of Defendants' Opposition to Plaintiff's Motion for a Temporary Restraining Order re 40 Motion Hearing filed by Ur M. Jaddou, Alejandro Mayorkas. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Declaration of Alissa Emmel)(Related document(s) 40 ) (Press, Joshua) (Filed on 5/18/2022) |
| Filing 39 Transcript of Proceedings held on 05/10/22, before Judge Vince Chhabria. Court Reporter/Transcriber Echo Reporting, Inc., telephone number echoreporting@yahoo.com. Tape Number: FTR 2:28 - 3:40. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #37 Transcript Order ) Redaction Request due 6/3/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/11/2022. (Related documents(s) #37 ) (Jauregui, Tara) (Filed on 5/13/2022) |
| Filing 38 TRANSCRIPT ORDER for proceedings held on 5/10/2022 before Judge Vince Chhabria by Behring Regional Center LLC, for Court Reporter FTR - San Francisco. (Pickles, Todd) (Filed on 5/11/2022) |
| Filing 37 TRANSCRIPT ORDER for proceedings held on 5/10/2022 before Judge Vince Chhabria by Ur M. Jaddou, Alejandro Mayorkas, for Court Reporter FTR - San Francisco. (Molina, Vanessa) (Filed on 5/11/2022) |
| Filing 36 *** DISREGARD - FILED IN ERROR (SEE DOCKET #37 ) *** TRANSCRIPT ORDER for proceedings held on 05/11/2022 before Judge Vince Chhabria by Ur M. Jaddou, Alejandro Mayorkas, for Court Reporter FTR - San Francisco. (Molina, Vanessa) (Filed on 5/11/2022) Modified on 5/11/2022 (rjd, COURT STAFF). |
| Filing 40 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom on 5/10/2022 re #8 MOTION for Temporary Restraining Order and Order to Show Cause filed by Behring Regional Center LLC. The Court heard oral argument. Both sides must lodge a supplemental submission answering the outstanding questions identified at the hearing. The governments supplemental submission is due on May 18, 2022. The plaintiffs supplemental submission is due on May 23, 2022, at 12:00 p.m. The Court will then decide whether further oral argument and/or an evidentiary hearing would be helpful. Total Time in Court: 1 hour 18 minutes. Court Reporter: Hearing recorded via Zoom: 2:23 - 3:41. Plaintiff Attorney: Todd Pickles and Michael Sklaire. Defendant Attorney: Joshua Press and Vanessa Molina. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 5/10/2022) Modified on 5/13/2022: Matter transcribed by Tara (Bauer) Jauregui (ECHO Reporting). (rjd, COURT STAFF). |
| Filing 35 RESPONSE re #34 Notice (Other) by Ur M. Jaddou, Alejandro Mayorkas. (Press, Joshua) (Filed on 5/9/2022) |
| Filing 34 NOTICE by Behring Regional Center LLC Notice of Supplemental Material (Pickles, Todd) (Filed on 5/9/2022) |
| Filing 33 Statement DEFENDANTS RESPONSE TO THE COURTS MAY 7, 2022 ORDER re 29 Order, by Ur M. Jaddou, Alejandro Mayorkas. (Molina, Vanessa) (Filed on 5/9/2022) Modified on 5/9/2022 (kmg, COURT STAFF). |
| Filing 32 CLERK'S NOTICE RESCHEDULING THE MOTION HEARING TO 5/11/2022, RE #8 MOTION for Temporary Restraining Order and Order to Show Cause. Motion Hearing set for 5/10/2022, 02:00 PM, via Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts .gov/vc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 5/9/2022) |
| Filing 31 Statement re 29 Order, Plaintiff's Statement Re Converting Temporary Restraining Order Motion to Preliminary Injunction by Behring Regional Center LLC. (Pickles, Todd) (Filed on 5/9/2022) |
| Filing 30 CLERK'S NOTICE CONVERTING THE IN-PERSON HEARING TO A ZOOM HEARING FOR 5/9/2022, RE #8 MOTION for Temporary Restraining Order and Order to Show Cause. Motion Hearing set for 5/9/2022, 02:00 PM, via Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https:// www.cand.uscourts.gov/vc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generat ed by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 5/9/2022) |
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Filing 29
ORDER: The parties should be prepared on Monday to inform the Court whether they are willing convert the TRO motion to a preliminary injunction motion to facilitate a prompt appeal. See California v. Trump, 267 F.Supp.3d 1119, 1126 (N.D. Cal. 2017). Signed by Judge Vince Chhabria on 05/07/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 5/7/2022)
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Filing 28
Order by Judge Vince Chhabria granting #23 Motion for Pro Hac Vice - Sklaire.(knm, COURT STAFF) (Filed on 5/6/2022)
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| Filing 27 REPLY (re #8 MOTION for Temporary Restraining Order and Order to Show Cause ) filed byBehring Regional Center LLC. (Attachments: #1 Plaintiff's Exhibit 1, #2 Plaintiff's Exhibit 2, #3 Plaintiff's Exhibit 3, #4 Plaintiff's Exhibit 4)(Pickles, Todd) (Filed on 5/6/2022) |
| Filing 26 OPPOSITION/RESPONSE (re #8 MOTION for Temporary Restraining Order and Order to Show Cause ) filed byUr M. Jaddou, Alejandro Mayorkas. (Attachments: #1 Exhibit 1 - Reform and Integrity Act)(Press, Joshua) (Filed on 5/4/2022) |
| Filing 25 CERTIFICATE OF SERVICE by Behring Regional Center LLC (Pickles, Todd) (Filed on 5/2/2022) |
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Filing 24
Order by Judge Vince Chhabria granting #21 motion for additional pages. (vclc1, COURT STAFF) (Filed on 4/29/2022)
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| Filing 23 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number ACANDC-17131485) filed by Behring Regional Center LLC. (Attachments: #1 Certificate of Good Standing)(Sklaire, Michael) (Filed on 4/29/2022) |
| Filing 22 Summons Reissued as to Ur M. Jaddou, Alejandro Mayorkas. (tn, COURT STAFF) (Filed on 4/28/2022) |
| Filing 21 Consent ADMINISTRATIVE MOTION to Exceed Page Limits re 11 Order filed by Ur M. Jaddou, Alejandro Majorkas. Responses due by 5/2/2022. (Attachments: #1 Declaration of Joshua S. Press, #2 Proposed Order)(Press, Joshua) (Filed on 4/28/2022) |
| Filing 20 CERTIFICATE OF SERVICE by Behring Regional Center LLC re 11 Order,, (Pickles, Todd) (Filed on 4/28/2022) |
| Filing 19 Summons Returned Unexecuted by Behring Regional Center LLC as to Behring Regional Center LLC. (Pickles, Todd) (Filed on 4/28/2022) |
| Filing 18 Certificate of Interested Entities by Behring Regional Center LLC identifying Corporate Parent Behring Capital LLC for Behring Regional Center LLC. (Pickles, Todd) (Filed on 4/28/2022) |
| Filing 17 Rule 7.1 Disclosures by Behring Regional Center LLC (Pickles, Todd) (Filed on 4/28/2022) |
| Filing 16 NOTICE of Appearance by Glenn M. Girdharry on behalf of all federal government defendants (Girdharry, Glenn) (Filed on 4/28/2022) |
| Filing 15 NOTICE of Appearance by Joshua Samuel Press (Press, Joshua) (Filed on 4/27/2022) |
| Filing 14 NOTICE of Appearance by Vanessa Molina (Molina, Vanessa) (Filed on 4/27/2022) |
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Filing 13
ORDER: The plaintiff is ordered to serve a copy of the Court's text order, Dkt. No. 11, on the defendants. The plaintiff shall file proof of service with the Court no later than Friday, April 29, 2022, at 5:00 p.m. Signed by Judge Vince Chhabria on 04/27/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 4/27/2022)
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| Filing 12 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 7/20/2022. Initial Case Management Conference set for 7/27/2022, 01:00 PM, via Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, July 21, 2022, by 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (Th is is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 4/27/2022) |
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Filing 11
ORDER: The defendants are ordered to respond to the motion for a temporary restraining order by May 4, 2022, at 10:00 a.m. The response may not exceed 15 pages. The plaintiff may file a reply no later than May 6, 2022, at 10:00 a.m. The reply may not exceed 10 pages. A hearing will take place in person in San Francisco on May 9, 2022, at 10:00 a.m. There will be a possibility of moving the hearing to May 10, 2022, in the afternoon, and the parties should be prepared for that possibility. Signed by Judge Vince Chhabria on 04/27/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 4/27/2022)
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Filing 10
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.Signed by Clerk on 04/27/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 4/27/2022)
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| Filing 9 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klh, COURT STAFF) (Filed on 4/27/2022) |
| Set Deadlines as to #8 MOTION for Temporary Restraining Order and Order to Show Cause. Responses due by 5/4/2022. Replies due by 5/6/2022. Motion Hearing set for 5/9/2022 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Vince Chhabria. (knm, COURT STAFF) (Filed on 4/27/2022) |
| Filing 8 MOTION for Temporary Restraining Order and Order to Show Cause filed by Behring Regional Center LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Pickles, Todd) (Filed on 4/26/2022) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Behring Regional Center LLC.. (Pickles, Todd) (Filed on 4/26/2022) |
| Filing 6 AMENDED DOCUMENT by Behring Regional Center LLC. Amendment to #5 Summons Issued as to USA - Amended Proposed Summons. (Pickles, Todd) (Filed on 4/25/2022) Modified on 4/28/2022 (tn, COURT STAFF). |
| Filing 5 Summons Issued as to Ur M. Jaddou, Alejandro Majorkas, U.S. Attorney and U.S. Attorney General. (wsn, COURT STAFF) (Filed on 4/25/2022) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/29/2022. Initial Case Management Conference set for 8/5/2022 at 2:00 PM in San Francisco, Courtroom F, 15th Floor. (wsn, COURT STAFF) (Filed on 4/25/2022) |
| Filing 3 Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/9/2022. (jlg, COURT STAFF) (Filed on 4/25/2022) |
| Filing 2 Proposed Summons. (Pickles, Todd) (Filed on 4/22/2022) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants. (Filing Fee: $402.00, receipt number ACANDC-17112843) Filed by Behring Regional Center LLC. (Attachments: #(1) Civil Cover Sheet)(Pickles, Todd) (Filed on 4/22/2022) Modified on 4/25/2022 (jlg, COURT STAFF). |
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