P.K. v. U.S CUSTOMS & BORDER PROTECTION et al
| P. K. |
| U.S CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, ALEJANDRO MAYORKAS and BOCK |
| 1:2022cv01983 |
| July 8, 2022 |
| US District Court for the District of Columbia |
| Christopher R Cooper |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on August 31, 2022. A more recent docket listing may be available from PACER.
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MINUTE ORDER: At the parties' last status conference, the Government stated that it would consider whether it could honor Plaintiff's original visa or, alternatively, issue Plaintiff a new visa. Because the re-issuance of Plaintiff's visa could moot this case, it is hereby ORDERED that the parties file a joint status report by September 16, 2022 reporting any developments concerning the Government's potential re-issuance of Plaintiff's visa, as discussed in the August 10, 2022 status conference. It is further ORDERED that Plaintiff's #13 Motion for Summary Judgment is hereby stricken. If the Government reports no prospect for re-issuance of Plaintiff's visa, then Plaintiff may renew the motion for summary judgment by September 23, 2022. Defendants' combined motion to dismiss, opposition to Plaintiff's motion for summary judgment, and cross motion for summary judgment, not to exceed 60 pages, is due October 21, 2022. Plaintiff's combined opposition to Defendants' motion and reply in support of Plaintiff's motion for summary judgment, not to exceed 60 pages, is due November 18, 2022. Defendants' reply in support of its motion to dismiss and cross motion for summary judgment, not to exceed 25 pages, is due December 2, 2022. In light of this briefing schedule, Defendants' #17 Motion to Stay Briefing on Plaintiff's Motion for Summary Judgment is denied as moot. SO ORDERED by Judge Christopher R. Cooper on 8/31/2022. (lccrc1)
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| Filing 22 PROPOSED BRIEFING SCHEDULE (Joint) by BOCK, ALEJANDRO MAYORKAS, U.S CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Westmoreland, Rachael) |
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MINUTE ORDER: Having reviewed the parties' #21 Joint Notice Regarding Defendants Threshold Defenses, the Court agrees with Plaintiff that the jurisdictional and merits issues in this case should be considered together in consolidated Rule 12 and Rule 56 briefing. The parties are therefore directed to meet and confer and to propose to the Court a briefing schedule and page limits for consolidated briefing by Friday, August 26, 2022. Signed by Judge Christopher R. Cooper on 8/24/22. (lccrc1)
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| Filing 21 NOTICE (Joint) Regarding Defendants' Threshold Defenses by BOCK, ALEJANDRO MAYORKAS, U.S CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Westmoreland, Rachael) |
| Filing 20 Joint MOTION for Extension of Time to File the Parties' Joint Notice Regarding the Government's Expected Jurisdictional Defenses by BOCK, ALEJANDRO MAYORKAS, U.S CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: #1 Text of Proposed Order)(Westmoreland, Rachael) |
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MINUTE ORDER granting #20 Motion for Extension of Time. The parties shall file their Joint Notice by Monday, August 22, 2022. Signed by Judge Christopher R. Cooper on 8/16/2022. (lccrc1)
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MINUTE ORDER: The parties are hereby ORDERED to submit, by August 17, 2022, a joint notice regarding the governments' expected jurisdictional defenses. Signed by Judge Christopher R. Cooper on 8/11/2022. (lccrc1)
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| Minute Entry for video Motion Hearing held before Judge Christopher R. Cooper on 8/10/2022. Oral arguments submitted on Defendant's Motion #17 to Stay re #13 MOTION for Summary Judgment. Forthcoming Order. (Court Reporter: Lisa Moreira) (lsj) |
| Filing 19 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/10/2022. (Singh, Nandini) |
| Filing 18 Memorandum in opposition to re #17 Motion to Stay filed by P. K.. (Attachments: #1 Text of Proposed Order)(Singh, Nandini) |
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MINUTE ORDER: The parties are hereby directed to appear for a status conference regarding #17 Defendants' Motion to Stay. Status Conference set for 8/10/2022 at 02:00 PM via VTC before Judge Christopher R. Cooper. Videoconference information will be emailed to the parties separately. Signed by Judge Christopher R. Cooper on 8/5/2022. (lccrc1)
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| Filing 17 MOTION to Stay re #13 MOTION for Summary Judgment by BOCK, ALEJANDRO MAYORKAS, U.S CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: #1 Text of Proposed Order)(Westmoreland, Rachael) |
| Filing 16 NOTICE of Appearance by Rachael Lynn Westmoreland on behalf of All Defendants (Westmoreland, Rachael) |
| Filing 15 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/22/2022. Answer due for ALL FEDERAL DEFENDANTS by 9/20/2022. (Singh, Nandini) |
| NOTICE OF ERROR regarding #8 Summons Returned Executed as to Federal Defendant. The following error(s) need correction: Select parties that have been served and enter date of delivery (not date mailed). Please refile. (zjm) |
| Filing 14 SEALED MOTION filed by P. K. (Attachments: #1 Memorandum in Support of Summary Judgment, #2 Statement of Facts, #3 Declaration of Nandini Singh, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Declaration of P.K., #13 Declaration of James F. Tomsheck, #14 Declaration of Ruben Loyo, #15 Text of Proposed Order)(Singh, Nandini) |
| Filing 13 MOTION for Summary Judgment by P. K.. (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Declaration of Nandini Singh, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Declaration of P.K., #13 Declaration of James F. Tomsheck, #14 Declaration of Ruben Loyo, #15 Text of Proposed Order)(Singh, Nandini) |
| Filing 12 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 7/20/2022 (Singh, Nandini) |
| Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S CUSTOMS & BORDER PROTECTION served on 7/20/2022 (Singh, Nandini) |
| Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BOCK served on 7/20/2022 (Singh, Nandini) |
| Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEJANDRO MAYORKAS served on 7/20/2022 (Singh, Nandini) |
| Filing 8 ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. P. K. served on 7/20/2022 (Singh, Nandini) Modified on 7/25/2022 (zjm). |
| Filing 7 NOTICE of Appearance by Jeffrey B. Dubner on behalf of P. K. (Dubner, Jeffrey) |
| Filing 6 NOTICE of Appearance- Pro Bono by Mark Fleming on behalf of All Plaintiffs (Fleming, Mark) |
| Filing 5 REDACTED DOCUMENT- Motion to Proceed Using Pseudonyms and File Under Seal by P. K.. (Attachments: #1 Exhibit 1 (Complaint), #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Singh, Nandini) |
| Filing 4 SUMMONS (6) Issued Electronically as to BOCK, ALEJANDRO MAYORKAS, U.S CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zjm) |
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Filing 3
MEMORANDUM AND ORDER GRANTING the plaintiff's #2 Motion to Proceed Under Pseudonyms and File Under Seal. See Memorandum and Order for further details. Signed by Chief Judge Beryl A. Howell on July 12, 2022. (lcbah4)
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| Case Assigned to Judge Christopher R. Cooper. (zsb) |
| Filing 2 SEALED MOTION to Proceed Under Pseudonym, SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by P. K. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit 1 (Unredacted Complaint), #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Singh, Nandini) Modified on 7/12/2022 to correct docket entry text (zsb). |
| Filing 1 COMPLAINT [REDACTED] against BOCK, ALEJANDRO MAYORKAS, U.S CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-9358790) filed by P. K.. (Attachments: #1 Civil Cover Sheet, #2 Summons - Office of Chief Counsel (CBP), #3 Summons - Office of General Counsel (DHS), #4 Summons - Alejandro Mayorkas, #5 Summons - Officer Bock, #6 Summons - U.S. Attorney General, #7 Summons - Matthew Graves (U.S. Attorney for D.C.))(Singh, Nandini) |
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