RAI et al v. BIDEN et al
| HANNA BIASONAVA, YULIYA LAVRINOK, PETRUS STEFANUS SCHEEPERS, KAROLINA RAI, ALIAKSEI DAVYDAU, MARINA ROMAN, DIANA WYSZYNSKA-KAZBERUK, A. S. S., PIOTR SEBASTIAN MAGAC, ADAM KAZBERUK, NTAMBWA FABRICE MULUMBA, MARTYNA JAGODA HEBDA, JUSTYNA RYBA, KAMIL PATRYK POPARDOWSKI, LUKASZ EUGENIUSZ SWIATEK, KADLUBOVICH SIARHEI, ZAITSAVA YANINA, MICHAL JERZY STRZYZOWSKI, KRISTINA TOROPOVA, Y. R. K., TATSIANA ULADZIMIRAUNA KRANINA, ILIA EDISHEROV, M. R., LUKASZ HENRYK NYTKO, DARIUSZ RYBA, RAMAN ANATOLIEVICH KRANIN, YAUHENI BIASONAU, MARHARYTA DAVYDAVA, I. G., NIKITA PETROV, Y. B., JONAS GAVELIS, SIARHEI RYBAKOVA, MARTA ANNA SWIATEK, A. N., ARTSIOM KARPOVICH, HANNA RYBAKOVA, ANDREY NOVOGRODSKIY, IVAN RAI, ROXANA STEFAN, ANNA BERNADETTA NYTKO, L. B., KRYMACHOU KIRYL, K. K. S., ANNA PEDAKHOVSKAYA, A. R., ZYDRE GAVELIENE, A. R. K., SIARHEI KADULBOVICH and SIARHEI RYBAKOU |
| EDWARD J. RAMOTOWSKI, ANTONY J. BLINKEN, MORGAN D. MILES, JOSEPH R. BIDEN and ANTONY BLINKEN |
| 1:2021cv00863 |
| March 30, 2021 |
| US District Court for the District of Columbia |
| Tanya S Chutkan |
| Immigration: Other Immigration Actions |
| 05 U.S.C. § 0706 |
| None |
Docket Report
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Filing 33
NOTICE of Appearance by Kristina Ghazaryan on behalf of All Plaintiffs (Ghazaryan, Kristina)
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NOTICE OF CORRECTED DOCKET ENTRY: re #32 Notice of Appearance was entered in error and counsel was instructed to refile said pleading. (eg)
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Filing 32
ENTERED IN ERROR.....NOTICE of Appearance by Kristina Ghazaryan on behalf of All Plaintiffs (Attachments: #1 Exhibit Order granting Pro Hac Vice)(Ghazaryan, Kristina) Modified on 5/24/2021 (eg).
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MINUTE ORDER: The parties are hereby directed to meet, confer, and to file a joint status report by June 4, 2021 informing the court whether they have resolved this dispute or agree to stay further briefing pending processing of the Plaintiffs' visa applications. To the extent the parties are unable to resolve this dispute or agree to stay further briefing, the court will hold a telephonic status hearing on June 9, 2021 at 11 a.m., during which the government shall be prepared to discuss the following: 1) its response to Plaintiffs' allegation that processing systems (i.e., the Kentucky Consular email inbox) are not operational; 2) what the State Department intends to do if all allotted visas are not processed by September 30, 2021; 3) if the government has not finished processing the visa applications by 5:00 pm on September 28, 2021, whether the court should issue an order directing the State Department to reserve a number of visas to account for the five-month delay in processing (akin to the order issued by Judge Mehta in Gomez v. Trump, 490 F. Supp. 3d 276 (D.D.C. 2020)); and 4) its response to Plaintiffs' allegation that other visa types, such as IR-1 and IR-2 visas, are being processed at a higher rate than previous years, notwithstanding pandemic-related restrictions. Furthermore, the government shall ensure the attendance at the hearing of an individual from the State Department who has firsthand knowledge of diversity visa processing, is able to respond to Plaintiffs' comments, and is able to make representations on behalf of the agency. Signed by Judge Tanya S. Chutkan on 05/18/2021. (lcfb)
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Set/Reset Deadlines: Joint Status Report due by 6/4/2021. (tb)
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Filing 31
REPLY to opposition to motion re #8 MOTION for Preliminary Injunction filed by KAROLINA RAI. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Morrison, Curtis)
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Filing 30
Memorandum in opposition to re #8 MOTION for Preliminary Injunction filed by JOSEPH R. BIDEN, ANTONY BLINKEN, MORGAN D. MILES, EDWARD J. RAMOTOWSKI. (Attachments: #1 Exhibit A, April 8, 2021 National Interest Exception, #2 Exhibit B, Decl. of Morgan Miles (May 4, 2021), #3 Exhibit C, Decl. of Neal Vermillion (May 4, 2021), #4 Exhibit D, Decl. of Brenda Grewe (May 5, 2021), #5 Text of Proposed Order)(Alsterberg, Cara)
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Filing 29
TRANSCRIPT OF 4/13/21 TELEPHONE CONFERENCE before Judge Tanya S. Chutkan held on April 13, 2021; Page Numbers: 1-17. Date of Issuance: 4/26/2021. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the Transcript Order Form at www.dcd.uscourts.gov. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/17/2021. Redacted Transcript Deadline set for 5/27/2021. Release of Transcript Restriction set for 7/25/2021.(Wayne, Bryan)
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Filing 28
NOTICE of Appearance by Abadir Jama Barre on behalf of All Plaintiffs (Barre, Abadir)
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Filing 26
NOTICE of Appearance by William Bateman, III on behalf of All Defendants (Bateman, William)
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Filing 27
NOTICE of Appearance by Rafael N. Urena on behalf of L. B., Y. B., YAUHENI BIASONAU, HANNA BIASONAVA, ALIAKSEI DAVYDAU, MARHARYTA DAVYDAVA, ILIA EDISHEROV, I. G., ZYDRE GAVELIENE, JONAS GAVELIS, MARTYNA JAGODA HEBDA, A. R. K., Y. R. K., SIARHEI KADULBOVICH, ARTSIOM KARPOVICH, ADAM KAZBERUK, KRYMACHOU KIRYL, RAMAN ANATOLIEVICH KRANIN, TATSIANA ULADZIMIRAUNA KRANINA, YULIYA LAVRINOK, PIOTR SEBASTIAN MAGAC, NTAMBWA FABRICE MULUMBA, A. N., ANDREY NOVOGRODSKIY, ANNA BERNADETTA NYTKO, LUKASZ HENRYK NYTKO, ANNA PEDAKHOVSKAYA, NIKITA PETROV, KAMIL PATRYK POPARDOWSKI, A. R., M. R., IVAN RAI, KAROLINA RAI, MARINA ROMAN, DARIUSZ RYBA, JUSTYNA RYBA, SIARHEI RYBAKOU, HANNA RYBAKOVA, A. S. S., K. K. S., PETRUS STEFANUS SCHEEPERS, ROXANA STEFAN, MICHAL JERZY STRZYZOWSKI, LUKASZ EUGENIUSZ SWIATEK, MARTA ANNA SWIATEK, KRISTINA TOROPOVA, DIANA WYSZYNSKA-KAZBERUK, ZAITSAVA YANINA (ztd); (See docket entry no. #24 to view.)
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Filing 25
NOTICE of Publication of Visa Bulletin for May 2021 by KAROLINA RAI (Attachments: #1 Exhibit A)(Morrison, Curtis)
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Filing 24
NOTICE of Appearance by Rafael N. Urena on behalf of KAROLINA RAI (Urena, Rafael)
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Filing 23
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EDWARD J. RAMOTOWSKI served on 4/19/2021 (Morrison, Curtis)
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Set/Reset Deadlines: Amended Pleading due by 4/16/2021. Response due by 5/5/2021. Reply due by 5/12/2021. (tb)
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MINUTE ORDER: Granting #4 #5 #6 Motions for Leave to Appear Pro Hac Vice. Kristina Ghazaryan, Abadir Barre and Rafael Urena are hereby admitted pro hac vice to appear in this matter on behalf of Plaintiffs. Pro hac applicants who seek admission more than twice within two years are highly encouraged to become members of the Bar for this court. 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 Tanya S. Chutkan on 4/15/21. (DJS)
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Minute Entry: Telephone Conference held on 4/13/2021 before Judge Tanya S. Chutkan: See Minute Order filed on today. (Court Reporter Bryan Wayne) (tb)
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Filing 22
AMENDED COMPLAINT First against All Defendants filed by KAROLINA RAI.(Morrison, Curtis)
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MINUTE ORDER: For good cause shown, Defendants' #13 motion for extension of time to respond is hereby GRANTED. Defendants shall file a response to Plaintiffs' #8 motion for a preliminary injunction by Wednesday, May 5, 2021. Plaintiffs shall file their reply by Wednesday, May 12, 2021. Plaintiffs' #10 motion for discovery is hereby HELD IN ABEYANCE until the court rules on Plaintiffs' #8 motion for a preliminary injunction. Plaintiffs' #9 motion to expedite the briefing schedule for Plaintiffs' #10 motion for expedited discovery is hereby DENIED. Plaintiffs' oral motion to amend the complaint is hereby GRANTED. Plaintiffs shall file the amended complaint at #21 as a separate ECF entry by Friday, April 16, 2021. Signed by Judge Tanya S. Chutkan on 04/13/2021.(lcfb)
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Filing 21
ERRATA , Notice of by KAROLINA RAI re #1 Complaint,,,,, Petition for Writ of Mandamus,,,, filed by TATSIANA ULADZIMIRAUNA KRANINA, A. S. S., ADAM KAZBERUK, A. R., KRYMACHOU KIRYL, K. K. S., HANNA BIASONAVA, YAUHENI BIASONAU, HANNA RYBAKOVA, A. R. K., ROXANA STEFAN, M. R., L. B., ARTSIOM KARPOVICH, ANNA PEDAKHOVSKAYA, NTAMBWA FABRICE MULUMBA, RAMAN ANATOLIEVICH KRANIN, NIKITA PETROV, I. G., IVAN RAI, KAROLINA RAI, JUSTYNA RYBA, KADLUBOVICH SIARHEI, ALIAKSEI DAVYDAU, PETRUS STEFANUS SCHEEPERS, MARINA ROMAN, SIARHEI RYBAKOVA, ANDREY NOVOGRODSKIY, KAMIL PATRYK POPARDOWSKI, ANNA BERNADETTA NYTKO, Y. B., ILIA EDISHEROV, MARHARYTA DAVYDAVA, Y. R. K., ZAITSAVA YANINA, DIANA WYSZYNSKA-KAZBERUK, MARTA ANNA SWIATEK, A. N., ZYDRE GAVELIENE, LUKASZ EUGENIUSZ SWIATEK, DARIUSZ RYBA, JONAS GAVELIS, MARTYNA JAGODA HEBDA, KRISTINA TOROPOVA, YULIYA LAVRINOK, PIOTR SEBASTIAN MAGAC, MICHAL JERZY STRZYZOWSKI, LUKASZ HENRYK NYTKO. (Morrison, Curtis)
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MINUTE ORDER: A telephonic status conference is hereby set for Tuesday, April 13, 2021 at 11:30 a.m. A courtroom deputy will provide the parties with dial-in instructions by email. The parties should be prepared to address how the substantive issues in this case differ from those in Gomez v. Trump, 485 F. Supp. 3d 145 (D.D.C. 2020). Signed by Judge Tanya S. Chutkan on 04/10/2021. (lcfb)
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Filing 20
RESPONSE to Defendants' Notice to Court (Dkt. No. 18) filed by KAROLINA RAI. (Attachments: #1 Exhibit A)(Morrison, Curtis)
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NOTICE OF ERROR re #19 Surreply; emailed to Cara.E.Alsterberg@usdoj.gov, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. You must file a Motion for Leave to File a Surreply. (ztd, )
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Filing 19
ENTERED IN ERROR. . . . .SURREPLY to re #13 MOTION for Extension of Time to File Response/Reply as to #8 MOTION for Preliminary Injunction filed by KAROLINA RAI. (Attachments: #1 Exhibit A)(Morrison, Curtis) Modified on 4/9/2021 (ztd).
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Filing 18
REPLY to opposition to motion re #13 MOTION for Extension of Time to File Response/Reply as to #8 MOTION for Preliminary Injunction filed by JOSEPH R. BIDEN, ANTONY J. BLINKEN, MORGAN D. MILES, EDWARD J. RAMOTOWSKI. (Attachments: #1 Exhibit A, April 8, 2021 State Department Update)(Alsterberg, Cara)
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Filing 17
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MORGAN D. MILES served on 4/6/2021 (Morrison, Curtis)
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Filing 16
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOSEPH R. BIDEN served on 4/8/2021 (Morrison, Curtis)
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Filing 15
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANTONY J. BLINKEN served on 4/6/2021 (Morrison, Curtis)
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Filing 14
RESPONSE re #13 MOTION for Extension of Time to File Response/Reply as to #8 MOTION for Preliminary Injunction filed by KAROLINA RAI. (Attachments: #1 Text of Proposed Order)(Morrison, Curtis)
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Filing 13
MOTION for Extension of Time to File Response/Reply as to #8 MOTION for Preliminary Injunction by JOSEPH R. BIDEN, ANTONY J. BLINKEN, MORGAN D. MILES, EDWARD J. RAMOTOWSKI. (Attachments: #1 Text of Proposed Order)(Alsterberg, Cara)
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Filing 12
NOTICE of Appearance by Cara Elizabeth Alsterberg on behalf of All Defendants (Alsterberg, Cara)
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Filing 11
NOTICE of Appearance by Katherine Boyd Palmer-Ball on behalf of All Defendants (Palmer-Ball, Katherine)
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Filing 10
MOTION for Discovery (Expedited) by KAROLINA RAI. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Morrison, Curtis)
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Filing 9
MOTION to Expedite Briefing Schedule for Plaintiffs' Motion for Expedited Discovery by KAROLINA RAI. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Morrison, Curtis)
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Filing 8
MOTION for Preliminary Injunction by KAROLINA RAI. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Text of Proposed Order)(Morrison, Curtis)
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Filing 7
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/6/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/6/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 6/5/2021.) (Morrison, Curtis)
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Filing 6
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rafael Urena, Filing fee $ 100, receipt number ADCDC-8353141. Fee Status: Fee Paid. by KAROLINA RAI. (Morrison, Curtis)
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Filing 5
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Abadir Barre, Filing fee $ 100, receipt number ADCDC-8349713. Fee Status: Fee Paid. by KAROLINA RAI. (Morrison, Curtis)
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Filing 4
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kristina Ghazaryan, Filing fee $ 100, receipt number ADCDC-8349712. Fee Status: Fee Paid. by KAROLINA RAI. (Morrison, Curtis)
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Case randomly reassigned to Judge Tanya S. Chutkan. Chief Judge Beryl A. Howell is no longer assigned to the case pursuant to Minute Order dated 4/2/2021. (ztnr)
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MINUTE ORDER (paperless) TRANSFERRING this case to the Calendar and Case Management Committee for random assignment pursuant to Local Rule 40.5(c)(1). Local Rule 40.5(a)(3) provides, in pertinent part, that "[c]ivil... cases are deemed related when the earliest is still pending on the merits in the District Court and they... (ii) involve common issues of fact, or (iii) grow out of the same event or transaction...." LCvR 40.5(a)(3). The instant case, Rai v. Biden, 21-cv-863, and the purportedly related case, Tate v. Pompeo, 20-cv-3249, involve challenges to the State Department's treatment of two different classes of visa applicants tied together by only a general set of policies implemented by the State Department. The Court has determined that they are not related for the purposes of Local Rule 40.5(a)(3). Rather than "involv[ing] common issues of fact" or "grow[ing] out of the same event or transaction," as plaintiffs contend in their #2 Notice of Related Case, these cases are linked primarily by common legal theories and the same broad set of State Department policies implementing a number of presidential proclamations. This is not a basis under Local Rule 40.5(a)(3) to designate the cases as related and to avoid "the general rule requiring random assignment of cases [] to ensure greater public confidence in the integrity of the judicial process... [by] guarantee[ing] fair and equal distribution of cases to all judges, avoid[ing] public perception or appearance of favoritism in assignments, and reduc[ing] opportunities for judge-shopping." Tripp v. Executive Office of the President, 196 F.R.D. 201, 202 (D.D.C. 2000) (Calendar Committee three-judge panel). Therefore, it is ORDERED that this case shall be transferred to the Calendar and Case Management Committee for random assignment. Signed by Chief Judge Beryl A. Howell on April 2, 2021. (lcbah4)
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Filing 3
SUMMONS (6) Issued Electronically as to JOSEPH R. BIDEN, ANTONY J. BLINKEN, MORGAN D. MILES, EDWARD J. RAMOTOWSKI, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, )
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Case Assigned to Chief Judge Beryl A. Howell. (adh, )
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Filing 2
NOTICE OF RELATED CASE by KAROLINA RAI. Case related to Case No. 20-3249, 20-2631. (Morrison, Curtis)
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 402 receipt number BDCDC-8340286), PETITION FOR WRIT OF MANDAMUS against All Defendants ( Filing fee $ 402 receipt number BDCDC-8340286) filed by ZYDRE GAVELIENE, JONAS GAVELIS, DARIUSZ RYBA, A. R., KRISTINA TOROPOVA, KRYMACHOU KIRYL, MARTA ANNA SWIATEK, KAROLINA RAI, LUKASZ EUGENIUSZ SWIATEK, IVAN RAI, ANNA BERNADETTA NYTKO, MARTYNA JAGODA HEBDA, NIKITA PETROV, ARTSIOM KARPOVICH, ANNA PEDAKHOVSKAYA, ROXANA STEFAN, KADLUBOVICH SIARHEI, JUSTYNA RYBA, ALIAKSEI DAVYDAU, ADAM KAZBERUK, RAMAN ANATOLIEVICH KRANIN, PIOTR SEBASTIAN MAGAC, MICHAL JERZY STRZYZOWSKI, TATSIANA ULADZIMIRAUNA KRANINA, YULIYA LAVRINOK, A. S. S., M. R., MARINA ROMAN, DIANA WYSZYNSKA-KAZBERUK, Y. R. K., ILIA EDISHEROV, MARHARYTA DAVYDAVA, L. B., YAUHENI BIASONAU, ZAITSAVA YANINA, NTAMBWA FABRICE MULUMBA, A. R. K., PETRUS STEFANUS SCHEEPERS, LUKASZ HENRYK NYTKO, A. N., Y. B., HANNA RYBAKOVA, I. G., ANDREY NOVOGRODSKIY, HANNA BIASONAVA, KAMIL PATRYK POPARDOWSKI, K. K. S., SIARHEI RYBAKOVA. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Morrison, Curtis)
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