Hathaway v. U.S. Department of Homeland Security
| Oona A. Hathaway |
| U.S. Department of Homeland Security |
| 3:2021cv01011 |
| July 22, 2021 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Freedom of Information Act |
| 05 U.S.C. ยง 552 |
| None |
Docket Report
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This docket was last retrieved on September 7, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 ANSWER to #1 Complaint, with Affirmative Defenses by U.S. Department of Homeland Security.(Elicker, Natalie) |
| Filing 11 NOTICE of Appearance by Natalie Nicole Elicker on behalf of U.S. Department of Homeland Security (Elicker, Natalie) |
| Filing 10 SUMMONS Returned Executed by Oona A. Hathaway. U.S. Department of Homeland Security served on 8/6/2021, answer due 9/5/2021. (Schulz, David) |
| Filing 9 ELECTRONIC SUMMONS REISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *U.S. Department of Homeland Security* with answer to complaint due within *30* days. Attorney *David A. Schulz* *Ballard Spahr LLP* *1675 Broadway, 19th Floor* *New York, NY 10019*. (Freberg, B) |
Filing 8
ORDER OF TRANSFER. Case reassigned to Judge Kari A. Dooley for all further proceedings. Signed by Judge Jeffrey A. Meyer on 7/26/21.(Barry, Donna)
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Filing 7
ORDER OF SUA SPONTE RECUSAL. Pursuant to 28 U.S.C. 455(a), a federal judge is required to recuse himself "in any proceeding in which his impartiality might reasonably be questioned." The purpose of 455(a) "is to promote confidence in the judiciary by avoiding even the appearance of impropriety whenever possible." Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847, 865 (1988). Prior to beginning his service as a judge and while he was a visiting professor at Yale Law School, Judge Meyer co-authored at least two amicus briefs before the U.S. Supreme Court with the plaintiff Professor Oona Hathaway on behalf of the Center for Global Legal Challenges at Yale Law School. Judge Meyer has also more recently invited Professor Hathaway to speak at a judicial conference. Judge Meyer does not ordinarily recuse himself from actions on the ground that he has previously worked with counsel to a party. For example, despite his prior service with the U.S. Attorney's Office and with a clinic at Yale Law School, he does not recuse himself from cases involving either the U.S. Attorney's Office or clinics at Yale Law School when these entities serve as counsel in an action. See, e.g., Green v. New York City Health & Hosps. Corp., 343 F. App'x 712, 713 (2d Cir. 2009) (judge's prior service as municipal counsel seven years before case was filed did not require recusal under 28 U.S.C. 455(a) from action in which same municipal counsel's office was defending the city). But because Professor Hathaway appears in this action as a party in interest rather than as counsel, Judge Meyer concludes that there may be an appearance of impropriety if he were to preside over this action. "The ultimate question under 455(a) is whether a reasonable person, knowing all the facts, would conclude that the trial judge's impartiality could reasonably be questioned." Id. at 713-14. Judge Meyer concludes that the interests of justice would be better served by reassignment of this action to a judge with no such prior affiliation to any party. The Clerk of Court shall place this action in the wheel for random reassignment to another judge. It is so ordered. Signed by Judge Jeffrey A. Meyer on 7/26/21.(Barry, Donna)
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| Filing 6 ENTERED IN ERROR - ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *U.S. Department of Homeland Security* with answer to complaint due within *21* days. Attorney *David A. Schulz* *Ballard Spahr LLP* *1675 Broadway, 19th Floor* *New York, NY 10019*. (Freberg, B) Modified on 7/27/2021(Freberg, B). |
| Filing 5 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #3 Electronic Filing Order, #4 Protective Order, #1 Complaint, filed by Oona A. Hathaway Signed by Clerk on 7/23/2021.(Freberg, B) |
| Docket Entry Correction re #2 Order on Pretrial Deadlines - Order entered erroneously. (Freberg, B) |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 7/22/2021.(Freberg, B)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 7/22/2021.(Freberg, B)
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| Filing 2 ENTERED IN ERROR - Order on Pretrial Deadlines: Amended Pleadings due by 9/20/2021 Discovery due by 1/21/2022 Dispositive Motions due by 2/25/2022 Signed by Clerk on 7/22/2021.(Freberg, B) Modified on 7/23/2021 (Freberg, B). |
| Judge Jeffrey A. Meyer added. (Hushin, Z.) |
| Filing 1 COMPLAINT against U.S. Department of Homeland Security ( Filing fee $402 receipt number ACTDC-6587315.), filed by Oona A. Hathaway. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Schulz, David) |
| Request for Clerk to issue summons as to U.S. Department of Homeland Security. (Schulz, David) |
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| Plaintiff: Oona A. Hathaway | |
| Represented By: | David A. Schulz |
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| Defendant: U.S. Department of Homeland Security | |
| Represented By: | Natalie Nicole Elicker |
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