MIRIYEVA et al v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES et al
| BIPIN KADEL, SIDDHI KULKARNI, ANN TUM and GUNAY MIRIYEVA |
| KENNETH CUCCINELLI and U.S. CITIZENSHIP AND IMMIGRATION SERVICES |
| 1:2019cv03351 |
| November 6, 2019 |
| US District Court for the District of Columbia |
| Ellen S Huvelle |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0706 |
| None |
Docket Report
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Filing 21
MEMORANDUM OPINION accompanying Order granting defendants' motion to dismiss (ECF No. #20 ). Signed by Judge Ellen S. Huvelle on December 21, 2019. (AG)
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Filing 20
ORDER granting #15 defendants' Motion to Dismiss for the reasons stated in the accompanying Memorandum Opinion (ECF No. #21 ). Signed by Judge Ellen S. Huvelle on December 21, 2019. (AG)
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| Filing 19 Memorandum in opposition to re #2 MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support Thereof filed by KENNETH CUCCINELLI, U.S. CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Exhibit Ex. A, #4 Exhibit Ex. B, #5 Exhibit Ex. C, #6 Exhibit Ex. D, #7 Exhibit Ex. E, #8 Exhibit Ex. F, #9 Exhibit Ex. G, #10 Exhibit Ex. H)(Field, Brian) |
| Filing 18 Cross MOTION for Summary Judgment by KENNETH CUCCINELLI, U.S. CITIZENSHIP AND IMMIGRATION SERVICES (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Exhibit Ex. A, #4 Exhibit Ex. B, #5 Exhibit Ex. C, #6 Exhibit Ex. D, #7 Exhibit Ex. E, #8 Exhibit Ex. F, #9 Exhibit Ex. G, #10 Exhibit Ex. H)(Field, Brian) . |
| Filing 17 REPLY to opposition to motion re #15 MOTION to Dismiss filed by KENNETH CUCCINELLI, U.S. CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: #1 Exhibit Status Update)(Field, Brian) |
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MINUTE ORDER: In defendants' reply to plaintiffs' opposition to their motion to dismiss, which is due on Wednesday, December 11, 2019, the Court requests that defendants (1) provide an update on the status of each of the named plaintiffs; and (2) respond specifically to plaintiffs' argument re the adequacy of the alternative remedy, see Opp. at 12-16. In addition, the Court requests that by no later than 5:00 p.m. on Wednesday, December 11, 2019, the parties provide a joint status report by email to Chambers that discusses what efforts have been made to settle this matter and the current status of those discussions. Signed by Judge Ellen S. Huvelle on December 9, 2019. (AG)
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| Filing 16 Memorandum in opposition to re #15 MOTION to Dismiss filed by BIPIN KADEL, SIDDHI KULKARNI, GUNAY MIRIYEVA, ANN TUM. (Wollenberg, Jennifer) |
| Filing 15 MOTION to Dismiss by KENNETH CUCCINELLI, U.S. CITIZENSHIP AND IMMIGRATION SERVICES (Attachments: #1 Memorandum in Support, #2 Declaration)(Field, Brian) |
| Filing 14 RESPONSE TO ORDER OF THE COURT re #13 Order Plaintiffs' Statement of Material Facts in Support of Plaintiffs' Motion for Partial Summary Judgment filed by BIPIN KADEL, SIDDHI KULKARNI, GUNAY MIRIYEVA, ANN TUM. (Wollenberg, Jennifer) |
| NOTICE OF CORRECTED DOCKET ENTRY: re #10 Summons Returned Executed as to Federal Defendant, #9 Summons Returned Executed as to Federal Defendant was entered in error and counsel was instructed to refile said pleading upon return receipt of green card.. (eg) |
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Filing 13
ORDER setting briefing schedule. A hearing on the merits is set for Friday, January 10, 2020, at 2 p.m. in Courtroom 23A. See Order for details. Signed by Judge Ellen S. Huvelle on November 13, 2019. (lcmm)
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| Set/Reset Hearings: Hearing on Merits set for 1/10/2020 at 2:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (gdf) |
| Set/Reset Deadlines/Hearings: Defendant's Motion to Dismiss due by 11/22/2019. Plaintiff's Responses due by 12/4/2019. Defendant's Replies due by 12/11/2019. Plaintiff's statement of Material Facts not in dispute in accordance with Local Civil Rule 7(h) due by 11/18/2019. Defendant's opposition and Cross motions for Summary Judgment motions due by 12/13/2019. Plaintiff's Opposition and Response to Motion for Summary Judgment due by 12/27/2019. Defendant's Reply to Motion for Summary Judgment due by 1/6/2020. Motion Hearing set for 1/10/2020 at 2:00 PM in Courtroom 23A before Judge Ellen S. Huvelle. (zjch) |
| Filing 12 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/8/2019. Answer due for ALL FEDERAL DEFENDANTS by 1/7/2020. (Wollenberg, Jennifer) |
| Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/8/2019. (Wollenberg, Jennifer) Modified on 11/18/2019 (zeg). |
| Filing 10 ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENNETH CUCCINELLI served on 11/11/2019 (Wollenberg, Jennifer) Modified on 11/18/2019 (zeg). |
| Filing 9 ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CITIZENSHIP AND IMMIGRATION SERVICES served on 11/11/2019 (Wollenberg, Jennifer) Modified on 11/18/2019 (zeg). |
| Set/Reset Deadlines/Hearings: Defendant's Responses due by 11/15/2019. Plaintiff's Replies due by 11/20/2019. Telephone Conference set for 11/12/2019 at 1:15 PM in Chambers before Judge Ellen S. Huvelle. Preliminary Injunction Hearing set for 11/25/2019 at 2:30 PM in Courtroom 23A before Judge Ellen S. Huvelle. (zjch) |
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MINUTE ORDER re #2 plaintiffs' MOTION for Preliminary Injunction: It is hereby ORDERED that a telephone conference call is set for Tuesday, November 12, at 1:15 p.m. The Court will provide counsel with a dial-in number by email. It is further ORDERED that unless a determination is made to collapse the motion for preliminary injunction with the merits, defendants' response shall be filed by Friday, November 15, 2019, at 5:00 p.m., plaintiffs' reply shall be filed by Wednesday, November 20, 2019, at 5:00 p.m., and the Court will hold a hearing on the preliminary injunction motion on Monday, November 25, 2019, at 2:30 p.m. in Courtroom 23A. Signed by Judge Ellen S. Huvelle on November 9, 2019. (AG)
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MINUTE ORDER: It is hereby ORDERED that the Minute Order filed on November 9, 2019, is VACATED. Signed by Judge Ellen S. Huvelle on November 10, 2019. (AG)
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VACATED PURSUANT TO THE MINUTE ORDER FILED ON 11/10/19.....MINUTE ORDER re #2 plaintiffs' MOTION for Preliminary Injunction: It is hereby ORDERED that a telephone conference call is set for Tuesday, November 12, at 2:00 p.m. The Court will provide counsel with a dial-in number by email. It is further ORDERED that unless a determination is made to collapse the motion for preliminary injunction with the merits, defendants' response shall be filed by Friday, November 15, 2019, at 5:00 p.m., plaintiffs' reply shall be filed by Wednesday, November 20, 2019, at 5:00 p.m., and the Court will hold a hearing on Monday, November 25, 2019, at 2:30 p.m. in Courtroom 23A. Signed by Judge Ellen S. Huvelle on November 9, 2019. (AG) Modified on 11/14/2019 to vacate. (zgdf).
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| Filing 8 NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) |
| Filing 7 SUMMONS (4) Issued Electronically as to KENNETH CUCCINELLI, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zmc) (Main Document 7 replaced to correct case number on 11/8/2019) (zmc). |
| Filing 6 NOTICE OF RELATED CASE by BIPIN KADEL, SIDDHI KULKARNI, GUNAY MIRIYEVA, ANN TUM. Case related to Case No. 17-cv-998, 18-cv-1551, 17-cv-1793. (zmc) |
| Filing 5 NOTICE of Appearance by Kayla M.S. Kaplan on behalf of All Plaintiffs (Kaplan, Kayla) |
| Filing 4 NOTICE of Appearance by Neaha P. Raol on behalf of All Plaintiffs (Raol, Neaha) |
| Filing 3 NOTICE of Appearance by Douglas W. Baruch on behalf of All Plaintiffs (Baruch, Douglas) |
| Case assigned to Judge Ellen S. Huvelle. (zmc) |
| Filing 2 MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support Thereof by BIPIN KADEL, SIDDHI KULKARNI, GUNAY MIRIYEVA, ANN TUM (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Declaration Miriyeva, #24 Declaration Kadel, #25 Declaration Kulkarni, #26 Declaration Tum, #27 Text of Proposed Order)(Wollenberg, Jennifer) |
| Filing 1 COMPLAINT for Injunctive and Declaratory Relief against KENNETH CUCCINELLI, U.S. CITIZENSHIP AND IMMIGRATION SERVICES ( Filing fee $ 400 receipt number ADCDC-6512281) filed by GUNAY MIRIYEVA, BIPIN KADEL, SIDDHI KULKARNI, ANN TUM. (Attachments: #1 Civil Cover Sheet, #2 Notice to Counsel/Party Notice of Related Cases, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(Wollenberg, Jennifer) |
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