KRUPEL v. MAYORKAS, et al
| YEHUDA ELIYAHU HAIM KRUPEL |
| ALEJANDRO MAYORKAS, ANTHONY BLINKEN, UR JADDOU, MERRICK GARLAND, THE UNITED STATES OF AMERICA and UNITED STATES OF AMERICA |
| 1:2022cv02947 |
| September 30, 2022 |
| US District Court for the District of Columbia |
| Colleen Kollar-Kotelly |
| Immigration: Other Immigration Actions |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on October 21, 2022. A more recent docket listing may be available from PACER.
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| Set/Reset Deadlines: Defendants' Motion to Dismiss due by 12/13/2022. Plaintiff's Opposition due by 1/17/2023. Defendants' Reply due by 2/7/2023. (dot) |
| Filing 15 STATUS REPORT by ANTHONY BLINKEN, MERRICK GARLAND, UR JADDOU, ALEJANDRO MAYORKAS, THE UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order)(Caplen, Robert) |
| Filing 14 NOTICE of Appearance by Robert Aaron Caplen on behalf of All Defendants (Caplen, Robert) |
MINUTE ORDER. The Court is in receipt of the Defendants' #15 Status Report in which Defendants indicate that they wish to file a new dispositive motion. On August 2, 2022, Defendants filed a #5 Motion to Dismiss in the Northern District of Illinois moving to dismiss the case under Fed. R. Civ. P. 12(b)(6) for failure to state a claim or, in the alternative, under Fed. R. Civ. P. 12(b)(3) for improper venue. Judge Robert W. Gettleman, of the Northern District of Illinois, issued an #10 Order holding that "venue is lacking under 1391(e). Rather than dismiss without prejudice, in the interest of justice the court transfers this action under 28 U.S.C. 1406(a) to the District Court of the District of Columbia, where defendants admit venue is proper." Accordingly, the case was transferred to this Court. The Court DENIES the pending #5 Motion to Dismiss without prejudice. In Defendants' #15 Status Report, Defendants represent that they have conferred with Plaintiff's counsel, who is in the process of preparing an application for admission pro hac vice and has consented to Defendants' counsel filing the report, and that "[t]he parties agreed to propose" a "schedule for further proceedings." Accordingly, the Court ORDERS that Defendants shall file a Motion to Dismiss on or before DECEMBER 13, 2022, Plaintiffs shall file an Opposition to Defendants' Motion to Dismiss on or before JANUARY 17, 2023, and Defendants may file a Reply in support of their Motion to Dismiss on or before FEBRUARY 7, 2023. As this is a generous briefing schedule, the Court expects no requests for extensions. Signed by Judge Colleen Kollar-Kotelly on 10/21/22. (lcckk3)
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Filing 13
ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 10/07/22. (DM)
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| Filing 12 Case transferred in from District of Illinois Northern; Case Number 1:22-cv-02439. Original file ,transfer order and docket sheet received. |
| Filing 11 TRANSFERRED to the USDC of the District of Columbia, the electronic record. (rc, ) [Transferred from Illinois Northern on 9/30/2022.] |
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Filing 10
ORDER signed by the Honorable Robert W. Gettleman on 9/27/2022: For the reasons set forth in the attached Order, the Clerk shall forthwith transfer this case to the District Court of the District of Columbia. Mailed notice (cn). [Transferred from Illinois Northern on 9/30/2022.]
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| Filing 9 REPLY by Defendants Anthony Blinken, Merrick Garland, Ur Jaddou, Alejandro Mayorkas, The United States of America in Support of Motion to Dismiss #5 (Treacy, Elizabeth) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 8 RESPONSE by Yehuda Eliyahu Haim Krupelin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Anthony Blinken, Merrick Garland, Ur Jaddou, Alejandro Mayorkas, The United States of America #5 (Attachments: #1 Exhibit)(Shepherd, Shannon) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 7 MINUTE entry before the Honorable Robert W. Gettleman: The court sets the following briefing schedule on defendants' motion to dismiss #5 : plaintiff's response due 8/24/2022; defendants' reply due 9/7/2022. The court will issue its ruling via CM/ECF. Mailed notice (cn). [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 6 MEMORANDUM by Anthony Blinken, Merrick Garland, Ur Jaddou, Alejandro Mayorkas, The United States of America in support of Motion to Dismiss for Failure to State a Claim #5 (Treacy, Elizabeth) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Anthony Blinken, Merrick Garland, Ur Jaddou, Alejandro Mayorkas, The United States of America (Treacy, Elizabeth) [Transferred from Illinois Northern on 9/30/2022.] |
| ALIAS Summons Issued as to Defendant Anthony Blinken. (emc, ) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 4 DESIGNATION of Elizabeth Inez Treacy as U.S. Attorney for Defendants Anthony Blinken, Merrick Garland, Ur Jaddou, Alejandro Mayorkas, The United States of America (Treacy, Elizabeth) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 3 DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants Anthony Blinken, Merrick Garland, Ur Jaddou, Alejandro Mayorkas, The United States of America (Oswald, Craig) [Transferred from Illinois Northern on 9/30/2022.] |
| SUMMONS Issued as to Anthony Blinken, Merrick Garland, Ur Jaddou, Alejandro Mayorkas, U.S. Attorney, and U.S. Attorney General (jk2, ) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 2 ATTORNEY Appearance for Plaintiff Yehuda Eliyahu Krupel by Shannon Marie Shepherd (Shepherd, Shannon) [Transferred from Illinois Northern on 9/30/2022.] |
| Filing 1 COMPLAINT filed by Yehuda Eliyahu Krupel; Filing fee $ 402, receipt number AILNDC-19444330. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Shepherd, Shannon) [Transferred from Illinois Northern on 9/30/2022.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ey, ) [Transferred from Illinois Northern on 9/30/2022.] |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (ey, ) [Transferred from Illinois Northern on 9/30/2022.] |
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