RELX, INC. et al v. BARAN et al
| SUBHASREE CHATTERJEE and RELX, INC. |
| UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, KATHY A. BARAN, KEVIN MCALEENAN, KENNETH T. (KEN) CUCCINELLI and KENNETH T. CUCCINELLI |
| 1:2019cv01993 |
| July 3, 2019 |
| US District Court for the District of Columbia |
| Emmet G Sullivan |
| Administrative Procedure 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 August 5, 2019. A more recent docket listing may be available from PACER.
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| Filing 21 MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 8/5/2019. (lcegs2) |
Filing 20
ORDER denying #12 defendants' motion to dismiss; and granting #7 plaintiffs' motion for summary judgment. Signed by Judge Emmet G. Sullivan on 8/5/2019. (lcegs2)
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| Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion Hearing held on 8/2/2019. The Court Orally Grants #7 Motion for Summary Judgment by SUBHASREE CHATTERJEE, RELX, INC. The Court Will Issue A Memorandum Opinion. (Court Reporter SCOTT WALLACE.) (mac) |
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MINUTE ORDER. For the reasons stated in the motion hearing dated August 2, 2019, the government is directed to FORTHWITH grant Plaintiffs petition and change Ms. Chatterjee's status to H1B nonimmigrant. The Court will issue a Memorandum Opinion further explaining its ruling. Signed by Judge Emmet G. Sullivan on 8/2/2019. (lcegs2)
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| Filing 19 NOTICE of Supplemental Authority and Correction of the Record by SUBHASREE CHATTERJEE, RELX, INC. (Schrier, Michael) |
| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE re Order,, To Show Cause And Incorporated Notice Of Errata filed by KATHY A. BARAN, KENNETH T. CUCCINELLI, KEVIN MCALEENAN, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Kahn, Matthew) |
| Filing 17 REPLY to opposition to motion re #12 MOTION to Dismiss Plaintiffs' Complaint Or, In The Alternative, Motion To Stay The Proceedings And Defendants' Opposition To Plaintiffs' Motion For Summary Judgment MOTION to Stay filed by KATHY A. BARAN, KENNETH T. CUCCINELLI, KEVIN MCALEENAN, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: #1 Exhibit B)(Kahn, Matthew) |
| Set/Reset Deadlines: Defendant Submission due on 8/1/2019 by 12:00PM (mac) |
| Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion Hearing held on 8/1/2019 #12 Motion to Dismiss and #7 Motion for Summary Judgment. Motion Hearing will resume on 8/2/2019 at 02:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (Court Reporter SCOTT WALLACE.) (mac) |
| Set/Reset Deadlines/Hearings: Defendant Reply To #13 Plaintiffs' Opposition To Defendant's Motion To Dismiss due on 10/1/2019 by 10:00AM. Motion Hearing set for 8/1/2019 at 1:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) |
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MINUTE ORDER. The parties are directed to be prepared to discuss in today's hearing issues that include, but are not limited to, the following: (1) The effect re-opening of the petition has on the case if the Court concludes that it would be arbitrary and capricious to deny HB-1 status based on the evidence that is currently in the record; (2) the Court's authority to direct the government to issue a decision on the petition by no later than September 1, 2019; and (3) whether the government's agreement to stay the case means that petitioner is not required to leave on August 3, 2019. The parties are FURTHER NOTIFIED that upon review of the entire record, it is strongly encouraged that the parties settle this controversy. Signed by Judge Emmet G. Sullivan on 8/1/2019. (lcegs2)
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MINUTE ORDER. Defendants are ordered to show cause for why they should not be sanctioned for failure to follow the expedited procedures outlined by this Court. See Minute Order (July 12, 2019). The parties consented to consolidation of the plaintiffs' motion for preliminary injunction with a merits determination and agreed to expediting filings of cross-motions for summary judgment pursuant to Federal Rule of Civil Procedure 65(a)(2). However, defendants failed to file a motion for summary judgment but rather moved to dismiss the case. Defendants shall file a submission by no later than 10:00 a.m. August 1, 2019. Signed by Judge Emmet G. Sullivan on 7/31/2019. (lcegs2)
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MINUTE ORDER directing the defendants to file a reply to #13 plaintiffs' opposition to defendant's motion to dismiss by no later than 10:00 a.m. August 1, 2019. The motion hearing scheduled for 10:00 a.m. August 1, 2019, shall now take place at 1:00 p.m. on August 1, 2019 in Courtroom 24A. PLEASE NOTE THE TIME CHANGE. Signed by Judge Emmet G. Sullivan on 7/31/2019. (lcegs2)
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| Filing 16 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/9/2019. Answer due for ALL FEDERAL DEFENDANTS by 9/7/2019. (Schrier, Michael) |
| NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #10 Summons Returned Executed as to DC Attorney General, was entered in error and counsel was instructed to refile said pleading using the correct event. Counsel must select Summons Returned Executed as to the U.S. Attorney for D.C. (jf) |
| Filing 14 REPLY to opposition to motion re #12 MOTION to Dismiss Plaintiffs' Complaint Or, In The Alternative, Motion To Stay The Proceedings And Defendants' Opposition To Plaintiffs' Motion For Summary Judgment filed by SUBHASREE CHATTERJEE, RELX, INC.. (Schrier, Michael) |
| Filing 13 RESPONSE re #12 MOTION to Dismiss Plaintiffs' Complaint Or, In The Alternative, Motion To Stay The Proceedings And Defendants' Opposition To Plaintiffs' Motion For Summary Judgment filed by SUBHASREE CHATTERJEE, RELX, INC.. (Schrier, Michael) |
| Filing 15 Memorandum in opposition to re #7 MOTION for Summary Judgment filed by KATHY A. BARAN, KENNETH T. CUCCINELLI, KEVIN MCALEENAN, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (See Docket Entry #12 to view document) (jf) |
| Filing 12 MOTION to Dismiss Plaintiffs' Complaint Or, In The Alternative, Motion To Stay The Proceedings by KATHY A. BARAN, KENNETH T. CUCCINELLI, KEVIN MCALEENAN, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Text of Proposed Order)(Kahn, Matthew). Added MOTION to Stay on 7/30/2019 (jf). |
| Filing 11 NOTICE of Appearance by Matthew Evan Kahn on behalf of All Defendants (Kahn, Matthew) |
| Filing 10 ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 7/9/2019. Answer due for ALL D.C. DEFENDANTS by 7/30/2019. (Schrier, Michael) Modified on 7/30/2019 (jf). |
| Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KATHY A. BARAN served on 7/10/2019 (Attachments: #1 Exhibit)(Schrier, Michael) |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/10/2019. (Attachments: #1 Exhibit)(Schrier, Michael) |
| Filing 7 MOTION for Summary Judgment by SUBHASREE CHATTERJEE, RELX, INC. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Exhibit A, #4 Adminstrative Record)(Schrier, Michael) |
| Set/Reset Deadlines/Hearings: Plaintiffs Motion For Summary Judgment due by 7/22/19. Defendants Cross-Motion For Summary Judgment And Opposition due by 7/26/19. Plaintiffs Reply due by 7/29/19. Motion Hearing set for 8/1/2019 at 10:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) |
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MINUTE ORDER. Upon consideration of the parties' joint requested schedule, and for the reasons stated in the hearing dated July 11, 2019, the following schedule shall govern the proceedings in this case: Plaintiffs shall file a motion for summary judgment by no later than July 22, 2019. Defendants shall file a cross-motion for summary judgment and opposition by no later than July 26, 2019. Plaintiffs shall file a reply by no later than July 29, 2019. The parties shall submit to the Court two hard copies and one USB drive containing all pleadings by no later than July 30, 2019. All submissions to the Court shall be single-sided, double-spaced, and use 12-point Times New Roman font and one inch page margins. Each set of hard copies shall be in three-ring binders, with appropriate tables of contents and tabs, and the binders shall be clearly labeled to identify the pleading therein. A hearing on the cross-motions for summary judgment is scheduled for August 1, 2019 at 10:00 a.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on 7/12/2019. (lcegs2)
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| Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 7/11/2019. Order Forthcoming. (Court Reporter SARA WICK.) (mac) |
| Filing 6 NOTICE of Appearance by Denyse Sabagh on behalf of All Plaintiffs (Sabagh, Denyse) |
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Filing 5
STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 07/09/19. (Attachment: Exhibit 1) (mac)
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| Set/Reset Hearings: Status Conference set for 7/11/2019 at 3:30 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) |
| Filing 4 MOTION for Preliminary Injunction , MOTION to Stay Pursuant to 5 U.S.C 705 by SUBHASREE CHATTERJEE, RELX, INC. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Declaration of Chatterjee, #9 Declaration of Andrade, #10 Text of Proposed Order)(Schrier, Michael) |
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MINUTE ORDER. The Court sua sponte schedules a status conference for July 11, 2019 at 3:30 p.m. Plaintiffs are HEREBY DIRECTED to contact forthwith the United States Attorney's Office for the District of Columbia and/or the Department of Homeland Security as appropriate to identify government counsel. Signed by Judge Emmet G. Sullivan on 7/8/2019. (lcegs2)
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| Filing 3 SUMMONS (7) Issued Electronically as to KATHY A. BARAN, KENNETH T. CUCCINELLI, KEVIN MCALEENAN, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General. (Attachment: #1 Notice and Consent)(zjd) |
| Case Assigned to Judge Emmet G. Sullivan. (zjd) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by RELX, INC. (Schrier, Michael) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6234129) filed by RELX, INC., SUBHASREE CHATTERJEE. (Attachments: #1 Civil Cover Sheet, #2 Summons BARAN, #3 Summons CUCCINELLI, #4 Summons MCALEENAN, #5 Summons US CIS, #6 Summons DHS, #7 Summons ATTORNEY GENERAL, #8 Summons US ATT DC)(Schrier, Michael) (Attachment 1 replaced on 7/5/2019) (zjd). |
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