LIU et al v. BLINKEN et al
| WEI WANG, YUNQIAN ZHANG, JING ZHAO, CHENG ZHAO, SHUGUANG XIN, YONG GUO, XINGYUN HUANG, JING LI, HE HUANG, XIMMEI SONG, JUN WANG, JING DAI, YIYANG SHI, XIANMIN CHEN, WEENZIU ZHOU, NING DENG, YUNCHUAN WANG, YANG SUN, XIAOBING LIU, JUN LIU, LIMIN RAO, CHUNYAN LIN, LEI TIAN, CAIRONG YANG, XIAOLIN WANG, SCICHAO ZHAO, XINWU SUN, YIFAN ZHOU, RUNZE YUAN, HONG DU, JU WANG, MIN ZHOU, QIANLI MA, XIAOYANG LYU, YING TANG and XIAOYAN HU |
| U.S. DEPARTMENT OF STATE, DOES 1-99, ANTONY J. BLINKEN and ANTONY BLINKEN |
| 1:2021cv00629 |
| March 9, 2021 |
| US District Court for the District of Columbia |
| Timothy J Kelly |
| Immigration: Other Immigration Actions |
| 8 U.S.C. § 1101 Immigration and Nationality Act |
| None |
Docket Report
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This docket was last retrieved on June 18, 2021. A more recent docket listing may be available from PACER.
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Filing 30
MEMORANDUM AND OPINION in support of #29 Order denying Plaintiffs' #10 Motion for Preliminary Injunction and granting Defendants' #23 Motion to Dismiss. Signed by Judge Timothy J. Kelly on 6/18/21. (lctjk2) (Main Document 30 replaced on 6/21/2021) (zcal).
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Filing 29
ORDER denying Plaintiffs' #10 Motion for Preliminary Injunction and granting Defendants' #23 Motion to Dismiss. Signed by Judge Timothy J. Kelly on 6/18/21.(lctjk2)
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Minute Entry for proceedings held before Judge Timothy J. Kelly: Telephonic Preliminary Injunction/Motion Hearing held on 6/11/2021. Oral argument heard and taken under advisement. (Court Reporter: Timothy Miller) (zkh)
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Filing 28
REPLY to opposition to motion re #23 MOTION to Dismiss MOTION for Summary Judgment filed by ANTONY BLINKEN, DOES 1-99, U.S. DEPARTMENT OF STATE. (Hammond, Derek)
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Filing 27
AMENDED COMPLAINT against All Defendants filed by XINWU SUN, QIANLI MA, XIAOYANG LYU, JING LI, JUN WANG, YUNCHUAN WANG, XIAOBING LIU, CHUNYAN LIN, CHENG ZHAO, XINGYUN HUANG, YANG SUN, JU WANG, LIMIN RAO, RUNZE YUAN, HONG DU, HE HUANG, JUN LIU, YIFAN ZHOU, Xiaoyan Hu, CAIRONG YANG, YING TANG, SHUGUANG XIN, XIAOLIN WANG, YIYANG SHI, XIMMEI SONG, WEENZIU ZHOU, JING DAI, YONG GUO, XIANMIN CHEN, SCICHAO ZHAO, NING DENG, YUNQIAN ZHANG, WEI WANG. (Attachments: #1 Supplement)(Huang, Xiaosheng)
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MINUTE ORDER: To facilitate the prompt resolution of Defendants' #23 Motion to Dismiss and Motion for Summary Judgment, the Court shall construe the Motion as directed to Plaintiffs' #27 Amended Complaint. Should Defendants wish to advance any new arguments for dismissal or summary judgment prompted by any changes reflected in the #27 Amended Complaint, it is ORDERED that they may do so in their reply brief, to be filed by June 9, 2021. It is further ORDERED that, should Defendants advance any new such arguments, Plaintiffs may a surreply responding to them by June 10, 2021. Signed by Judge Timothy J. Kelly on 6/3/21.(lctjk2)
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Filing 26
Memorandum in opposition to re #23 MOTION to Dismiss MOTION for Summary Judgment filed by XIANMIN CHEN, JING DAI, NING DENG, HONG DU, YONG GUO, HE HUANG, XINGYUN HUANG, Xiaoyan Hu, JING LI, CHUNYAN LIN, JUN LIU, XIAOBING LIU, XIAOYANG LYU, QIANLI MA, LIMIN RAO, YIYANG SHI, XIMMEI SONG, XINWU SUN, YANG SUN, YING TANG, JU WANG, JUN WANG, WEI WANG, XIAOLIN WANG, YUNCHUAN WANG, SHUGUANG XIN, CAIRONG YANG, RUNZE YUAN, YUNQIAN ZHANG, CHENG ZHAO, SCICHAO ZHAO, MIN ZHOU, WEENZIU ZHOU, YIFAN ZHOU. (Huang, Xiaosheng)
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Filing 25
AMENDED COMPLAINT against All Defendants filed by XINWU SUN, QIANLI MA, XIAOYANG LYU, JING LI, JUN WANG, YUNCHUAN WANG, XIAOBING LIU, CHUNYAN LIN, JING ZHAO, CHENG ZHAO, XINGYUN HUANG, YANG SUN, JU WANG, LIMIN RAO, RUNZE YUAN, HONG DU, HE HUANG, JUN LIU, YIFAN ZHOU, CAIRONG YANG, YING TANG, SHUGUANG XIN, XIAOLIN WANG, YIYANG SHI, XIMMEI SONG, WEENZIU ZHOU, JING DAI, YONG GUO, XIANMIN CHEN, SCICHAO ZHAO, NING DENG, YUNQIAN ZHANG, WEI WANG, Xiaoyan Hu.(Huang, Xiaosheng)
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MINUTE ORDER: It is hereby ORDERED that Plaintiffs shall, by June 3, 2021, file on the docket a redline comparison of their original and amended complaints, as required by the Court's Standing Order. See ECF No. 2 7. Signed by Judge Timothy J. Kelly on 6/2/21. (lctjk2) Modified to clarify order on 6/3/2021 (zkh).
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Filing 24
NOTICE of Filing Third Declaration of Deborah Whang by ANTONY BLINKEN, DOES 1-99, U.S. DEPARTMENT OF STATE (Attachments: #1 Declaration of Deborah Whang)(Hammond, Derek)
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Set/Reset Deadlines: Plaintiffs' Reply and Response to Dispositive Motions due by 6/2/2021. Defendants' Reply to Dispositive Motions due by 6/9/2021. (zkh)
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MINUTE ORDER: Upon consideration of the Defendants' #22 Opposition to Plaintiffs' #10 Motion for Preliminary Injunction and Defendants' #23 Motion to Dismiss and for Summary Judgment, it is hereby ORDERED that Plaintiffs shall file any reply to their Motion and their opposition to the Defendants' Motion by June 2, 2021, and Defendants shall file any reply by June 9, 2021. It is further ORDERED that the parties shall appear for a telephonic hearing on the motions on Friday, June 11, 2021 at 3:30 p.m. The parties shall contact the Courtroom Deputy at (202) 354-3495 at least one business day in advance to make arrangements to appear. The Court finds that this hearing date will not prejudice the parties. See LCvR 56.1 (d). Signed by Judge Timothy J. Kelly on 5/27/21. (lctjk2)
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Filing 23
MOTION to Dismiss , MOTION for Summary Judgment by ANTONY BLINKEN, DOES 1-99, U.S. DEPARTMENT OF STATE. (Attachments: #1 Statement of Facts, #2 Memorandum in Support, #3 Exhibit A, #4 Exhibit B, #5 Text of Proposed Order)(Hammond, Derek)
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Filing 22
Memorandum in opposition to re #10 MOTION for Preliminary Injunction filed by ANTONY BLINKEN, DOES 1-99, U.S. DEPARTMENT OF STATE. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Hammond, Derek)
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Filing 21
NOTICE of Appearance by Derek S. Hammond on behalf of All Defendants (Hammond, Derek)
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Filing 20
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/18/2021. Answer due for ALL FEDERAL DEFENDANTS by 7/17/2021. (Chen, Michael)
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Filing 19
SUMMONS (1) Issued as to U.S. Attorney. (ztth)
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Filing 18
REQUEST FOR SUMMONS TO ISSUE USAO DC filed by XIAOBING LIU.(Chen, Michael)
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MINUTE ORDER: Federal Rule of Civil Procedure 4(m) requires Plaintiffs to serve Defendants "within 90 days after the complaint is filed." Fed. R. Civ. P. 4(m). That time began to run on March 9, 2021 and will expire on June 7, 2021. Plaintiffs have named as Defendants the U.S. Department of State and Secretary Antony Blinken in his official capacity. In such cases, Rule 4(i)(2) governs service, which requires that "[t]o serve a United States agency or corporation, or a United States officer or employee sued only in an official capacity, a party must serve the United States [in accordance with Rule 4(i)(1)] and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee." Fed. R. Civ. P. 4(i)(2). And Rule 4(i)(1), in turn, explains that to serve the United States, a plaintiff must "(A)(i) deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought--or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk--or (ii) send a copy of each by registered or certified mail to the civil-process clerk at the United States attorney's office; (B) send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C.; and (C) if the action challenges an order of a nonparty agency or officer of the United States, send a copy of each by registered or certified mail to the agency or officer." Fed. R. Civ. P. 4(i)(1). Finally, Rule 4(l) directs that "[u]nless service is waived, proof of service must be made to the court." Fed. R. Civ. P. 4(l). At a minimum, the docket does not appear to reflect service on the United States attorney for the District of Columbia. Accordingly, it is hereby ORDERED that Plaintiffs shall serve and file proof of service on the Defendants no later than June 7, 2021. If Plaintiffs fail to do so, the Court may dismiss the action without prejudice. Fed. R. Civ. P. 4(m). Signed by Judge Timothy J. Kelly on 5/11/21. (lctjk2)
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| Filing 17 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/23/2021. (See Docket Entry #14 to view document.) (ztth) |
| Filing 16 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 4/19/2021.(See Docket Entry #13 to view document.) (ztth); Modified text on 4/29/2021 (ztth). |
| Filing 15 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANTONY BLINKEN served on 4/20/2021. (See Docket Entry #12 to view document); (ztth) Modified text on 4/29/2021 (ztth). |
| Filing 14 CERTIFICATE OF SERVICE by XIAOBING LIU Affidavit of Mailing to DOJ. (Chen, Michael) |
| Filing 13 CERTIFICATE OF SERVICE by XIAOBING LIU Affidavit of Mailing to DOS. (Chen, Michael) |
| Filing 12 CERTIFICATE OF SERVICE by XIAOBING LIU Affidavit of Mailing. (Chen, Michael) |
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MINUTE ORDER granting Plaintiffs' #11 Motion for Leave to Appear Pro Hac Vice. Attorney Michael Chen is hereby admitted pro hac vice on behalf of Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Timothy J. Kelly on 4/20/21. (lctjk2)
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| Filing 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael Chen, Filing fee $ 100, receipt number ADCDC-8382052. Fee Status: Fee Paid. by XIAOBING LIU. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Huang, Xiaosheng) |
| Filing 10 MOTION for Preliminary Injunction by XIAOBING LIU. (Attachments: #1 Text of Proposed Order, #2 Memorandum in Support, #3 Declaration, #4 Declaration, #5 Exhibit Liu I-526 Approval Notice, #6 Exhibit Huang I-526 Approval Notice, #7 Exhibit May 2019 Visa Bulletin, #8 Exhibit Huang Family Visas, #9 Exhibit Email from Guangzhou Consulate to Liu, #10 Exhibit Emails from Guangzhou Consulate to Huang, #11 Exhibit Tuition Payment Record Liu, #12 Exhibit NYU Health Center Letter)(Huang, Xiaosheng) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- William J Marvin, Filing fee $ 100, receipt number ADCDC-8367943. Fee Status: Fee Paid. by XIAOBING LIU. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Huang, Xiaosheng) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice: Attorney Name- Michael Chen, Filing fee $ 100, receipt number ADCDC-8367886. Fee Status: Fee Paid. by XIAOBING LIU. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Huang, Xiaosheng); Modified text and selected docket information on 4/13/2021 (ztth). |
| Filing 7 SUMMONS (1) Issued Electronically as to U.S. Attorney General. (ztth) |
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MINUTE ORDER denying Plaintiffs' #8 #9 Motions for Leave to Appear Pro Hac Vice. Local Civil Rule 83.2(d) requires attorneys seeking admission pro hac vice to include "a certification that the attorney either has or has not been disciplined by any bar, and if the attorney has been disciplined by any bar, the circumstances and details of the discipline." Attorneys William Marvin and Michael Chen each represent that they are "in good standing with all states, courts, and bars" to which they are admitted but do not certify whether they have ever been disciplined by any bar. Therefore, it is hereby ORDERED that the #8 #9 Motions are DENIED without prejudice. Signed by Judge Timothy J. Kelly on 4/12/21. (lctjk2)
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| Filing 6 REQUEST FOR SUMMONS TO ISSUE filed by XIAOBING LIU.(Huang, Xiaosheng) |
| Filing 5 SUMMONS (2) Issued Electronically as to ANTONY J. BLINKEN, U.S. DEPARTMENT OF STATE. (Attachment: #1 Notice and Consent)(adh, ) |
| Filing 4 REQUEST FOR SUMMONS TO ISSUE DOS and Blinken filed by XIAOBING LIU. (Attachments: #1 Summons Request for Summons)(Huang, Xiaosheng) |
| Filing 3 ERRATA by XIANMIN CHEN, JING DAI, NING DENG, HONG DU, YONG GUO, HE HUANG, XINGYUN HUANG, JING LI, CHUNYAN LIN, JUN LIU, XIAOBING LIU, XIAOYANG LYU, QIANLI MA, LIMIN RAO, YIYANG SHI, XIMMEI SONG, XINWU SUN, YANG SUN, YING TANG, LEI TIAN, U.S. DEPARTMENT OF STATE, JU WANG, JUN WANG, WEI WANG, XIAOLIN WANG, YUNCHUAN WANG, SHUGUANG XIN, CAIRONG YANG, RUNZE YUAN, YUNQIAN ZHANG, CHENG ZHAO, JING ZHAO, SCICHAO ZHAO, MIN ZHOU, WEENZIU ZHOU, YIFAN ZHOU re #1 Civil Cover Sheet filed by HE HUANG, SHUGUANG XIN, QIANLI MA, HONG DU, XIMMEI SONG, XIAOLIN WANG, XIANMIN CHEN, YING TANG, YUNQIAN ZHANG, JUN WANG, YIFAN ZHOU, WEENZIU ZHOU, RUNZE YUAN, SCICHAO ZHAO, JU WANG, YUNCHUAN WANG, JING DAI, MIN ZHOU, JING ZHAO, YONG GUO, XINWU SUN, XIAOBING LIU, YANG SUN, CHENG ZHAO, CHUNYAN LIN, XIAOYANG LYU, XINGYUN HUANG, JING LI, WEI WANG, NING DENG, JUN LIU, LEI TIAN, YIYANG SHI, LIMIN RAO, CAIRONG YANG. (ztth) |
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Filing 2
STANDING ORDER. See order for details. Signed by Judge Timothy J. Kelly on 3/12/21. (lctjk2)
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| Case Assigned to Judge Timothy J. Kelly. (adh, ) |
| Filing fee received: $ 402.00, receipt number: 4616105212. (ztth) |
| Filing 1 COMPLAINT against ANTHONY JOHN BLINKEN, DOES 1-99, U.S. DEPARTMENT OF STATE filed by XINWU SUN, QIANLI MA, XIAOYANG LYU, JING LI, JUN WANG, JING ZHAO, YUNCHUAN WANG, XIAOBING LIU, MIN ZHOU, CHUNYAN LIN, CHENG ZHAO, XINGYUN HUANG, YANG SUN, JU WANG, LIMIN RAO, RUNZE YUAN, HONG DU, HE HUANG, JUN LIU, YIFAN ZHOU, CAIRONG YANG, YING TANG, SHUGUANG XIN, XIAOLIN WANG, YIYANG SHI, WEENZIU ZHOU, XIMMEI SONG, JING DAI, YONG GUO, XIANMIN CHEN, SCICHAO ZHAO, NING DENG, LEI TIAN, YUNQIAN ZHANG, WEI WANG. (Attachment: #1 Civil Cover Sheet)(ztth) |
| Summons (2) Issued as to ANTHONY JOHN BLINKEN, U.S. DEPARTMENT OF STATE. (ztth) |
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