The Jonathan D. Rosen Family Foundation, Inc. et al v. Baran et al
| Sanam Karki and The Jonathan D. Rosen Family Foundation, Inc. |
| DHS, Kathy A. Baran, USCIS, Kenneth T. Cuccinelli and Kevin McAleenan |
| 1:2019cv04301 |
| September 24, 2019 |
| US District Court for the Northern District of Georgia |
| Eleanor L Ross |
| Other Immigration Actions |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on May 26, 2020. A more recent docket listing may be available from PACER.
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| Filing 43 CLERK'S JUDGMENT in favor of defendants against plaintiffs for costs in this action. (jed)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Additional attachment(s) added on 5/26/2020: #1 Corrected Main Document) (jed). |
Filing 42
ORDER: The Court DENIES Plaintiffs' #31 Motion for Summary Judgment and GRANTS IN PART AND DENIES IN PART Defendants' #32 Cross Motion for Summary Judgment. The Court DIRECTS the Clerk to ENTER JUDGMENT in favor of Defendants and CLOSE this case. Signed by Judge Eleanor L. Ross on 5/26/2020. (jed)
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| Civil Case Terminated. (jed) |
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Filing 41
ORDER granting #37 Motion for Extension of Time. The Parties shall have up to, and including May 6, 2020, to file their reply briefs in this case. Signed by Judge Eleanor L. Ross on 5/11/2020. (jap)
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| Filing 40 NOTICE Of Filing Corrected Reply Brief In Further Support of Defendants' Cross Motion for Summary Judgment by Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS re #39 Reply Brief (Attachments: #1 Brief Corrected Reply)(Williams, Melaine) |
| Filing 39 REPLY BRIEF re #32 Cross MOTION for Summary Judgment filed by Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS. (Attachments: #1 Exhibit (Sagarwala Order))(Williams, Melaine) |
| Filing 38 REPLY BRIEF re #31 MOTION for Summary Judgment filed by Sanam Karki, The Jonathan D. Rosen Family Foundation, Inc. (Marquardt, Christopher) Modified on 5/7/2020 to edit text (jap). |
| Submission of #32 Cross MOTION for Summary Judgment and #31 MOTION for Summary Judgment to District Judge Eleanor L. Ross. (jap) |
| Filing 37 Consent MOTION for Extension of Time to File Reply Briefs In Further Support of the Parties' Cross Motions for Summary Judgment with Brief In Support by Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS. (Attachments: #1 Text of Proposed Order)(Williams, Melaine) |
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Filing 36
SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (adg) (ADI)
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| ENTERED IN ERROR Submission of #31 MOTION for Summary Judgment to District Judge Eleanor L. Ross. (jap) Modified on 5/6/2020 to edit text (jap). |
| Filing 35 Response to Statement of Material Facts re #31 MOTION for Summary Judgment Plaintiffs' Motion for Summary Judgment filed by Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS. (Williams, Melaine) |
| Filing 34 RESPONSE in Opposition re #31 MOTION for Summary Judgment filed by Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS. (Williams, Melaine) Modified on 4/22/2020 to edit text (jap). |
| Filing 33 RESPONSE in Opposition re #32 Cross MOTION for Summary Judgment filed by Sanam Karki, The Jonathan D. Rosen Family Foundation, Inc. (Attachments: #1 Plaintiffs Response to Defendants Statement of Undisputed Facts)(Marquardt, Christopher) Modified on 4/22/2020 to edit text (jap). |
| Filing 32 Cross MOTION for Summary Judgment with Brief In Support by Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS. (Attachments: #1 Brief, #2 Statement of Material Facts)(Williams, Melaine) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 31 MOTION for Summary Judgment Plaintiffs' Motion for Summary Judgment with Brief In Support by Sanam Karki, The Jonathan D. Rosen Family Foundation, Inc.. (Attachments: #1 Brief Plaintiffs' Memorandum of Law in Support of MSJ, #2 Statement of Material Facts Plaintiffs' Statement of Undisputed Facts, #3 Exhibit Exhibit A to Plaintiffs' Statement of Undisputed Facts, #4 Exhibit Exhibit B to Plaintiffs' Statement of Undisputed Facts, #5 Exhibit Exhibit C to Plaintiffs' Statement of Undisputed Facts, #6 Exhibit Exhibit D to Plaintiffs' Statement of Undisputed Facts, #7 Exhibit Exhibit E to Plaintiffs' Statement of Undisputed Facts)(Marquardt, Christopher) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 30 TRANSCRIPT of Motions Hearing Proceedings held on March 9, 2020, before Judge Eleanor L. Ross. Court Reporter/Transcriber Elizabeth G. Cohn. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/27/2020. Redacted Transcript Deadline set for 5/7/2020. Release of Transcript Restriction set for 7/6/2020. (Attachments: #1 Notice of Filing Transcript) (egc) |
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Filing 29
Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (aaq) (ADI)
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Filing 28
General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (jap)
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Filing 27
ORDER: The Court DENIES Plaintiffs' #12 Motion for Temporary Restraining Order and Preliminary Injunction and DENIES Plaintiffs' #21 Motion to Strike Defendants' Untimely Response in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. The Court GRANTS Defendants' #15 Fourth Motion for Extension of Time to File Answer, After the Expiration of the Designated Period and DIRECTS the Parties to comply with the Court's instructions herein. Signed by Judge Eleanor L. Ross on 3/16/2020. (jap) (Additional attachment(s) added on 3/17/2020: #1 Main Document) (rvb).
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| Filing 26 ANSWER to #23 Amended Complaint by Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS.(Williams, Melaine) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 25 RESPONSE in Opposition re #21 MOTION to Strike #18 Response in Opposition to Motion, #19 Notice of Filing, filed by Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS. (Attachments: #1 Exhibit A (Cambridge Decision), #2 Exhibit B (N.D. Ca. Corrected Filing Info))(Williams, Melaine) |
| Submission of #12 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, to District Judge Eleanor L. Ross. (jpa) |
| Filing 24 Minute Entry for proceedings held before Judge Eleanor L. Ross: Motion Hearing held on 3/9/2020 re #12 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by The Jonathan D. Rosen Family Foundation, Inc. Also present during the hearing were Jonathan D. Rosen with the Jonathan D. Rosen Family Foundation, Plaintiff Sanam Karki and Kerri-Ann Griggs. Court called to order. Oral arguments regarding outstanding motions. All issues were taken under advisement with an order forthcoming. Court adjourned. (Court Reporter Elizabeth Cohn) (jap) |
| Submission of #15 Fourth MOTION for Extension of Time to File Answer , After Expiration of the Designated Period, to District Judge Eleanor L. Ross. (jpa) |
| Filing 23 AMENDED COMPLAINT For Declaratory and Injunctive Relief and Review of Agency Action Under the Administrative Procedure Act against Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS filed by The Jonathan D. Rosen Family Foundation, Inc., Sanam Karki.(Marquardt, Christopher) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 22 REPLY TO RESPONSE re #12 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Sanam Karki, The Jonathan D. Rosen Family Foundation, Inc.. (Attachments: #1 Exhibit EXHIBIT A, Declaration of Charles H. Kuck, #2 Exhibit EXHIBIT B, Declaration of Jonathan Rosen)(Marquardt, Christopher) Modified on 3/2/2020 (rjs). |
| Filing 21 MOTION to Strike #18 Response in Opposition to Motion, #19 Notice of Filing, with Brief In Support by Sanam Karki, The Jonathan D. Rosen Family Foundation, Inc.. (Attachments: #1 Brief)(Marquardt, Christopher) |
| Filing 20 NOTICE Of Filing Certified Administrative Record (Redacted) by Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS (Attachments: #1 Exhibit Admin Record Vol 1 pgs 1-200 Redacted, #2 Exhibit Admin Record Vol II pgs 201-400, #3 Exhibit Admin Record Vol III pgs 401-600, #4 Exhibit Admin Record Vol IV pgs 601-800 Redacted, #5 Exhibit Admin Record Vol V pgs 801-1000 Redacted, #6 Exhibit Admin Record Vol VI pgs 1001-1200, #7 Exhibit Admin Record Vol VII pgs 1201-1400, #8 Exhibit Admin Record Vol VIII pgs 1401-1600 Redacted, #9 Exhibit Admin Record Vol IX pgs 1601-1765 Redacted)(Williams, Melaine) |
| Filing 19 NOTICE Of Filing Corrected Response in Opposition to #12 Plaintiffs' TRO/PI & Exhibits by Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS (Attachments: #1 Brief, #2 Exhibit A (USCIS Petition Denial Decision, Dated January 30, 2020), #3 Exhibit B (USCIS Change of Status Denial Decision, Dated January 30, 2020), #4 Exhibit C (Camarena Decision))(Williams, Melaine) Modified on 2/21/2020 to add document link and edit text (jap). |
| Filing 18 RESPONSE in Opposition re #12 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS. (Williams, Melaine) |
| Filing 17 RESPONSE in Opposition re #15 Fourth MOTION for Extension of Time to File Answer After Expiration of the Designated Period filed by The Jonathan D. Rosen Family Foundation, Inc. (Marquardt, Christopher) Modified on 2/14/2020 to edit text (jap). |
| Filing 16 ANSWER to #1 COMPLAINT by Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS.(Williams, Melaine) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 15 Fourth MOTION for Extension of Time to File Answer , After Expiration of the Designated Period, with Brief In Support by Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS. (Attachments: #1 Text of Proposed Order)(Williams, Melaine) |
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Filing 14
ORDER GRANTING Defendants' #11 Unopposed Motion for Extension of Time to Answer. Defendants' Answers are due on 2/10/2020. Signed by Judge Eleanor L. Ross on 2/7/20. (jpa)
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Filing 13
ORDER SCHEDULING a hearing on the #12 MOTION for Temporary Restraining Order for 3/9/2020 at 01:30 PM in ATLA Courtroom 1708 before Judge Eleanor L. Ross. If Defendants intend to respond to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction, Defendants must file on the docket a response to the motion within twelve (12) days. Plaintiffs will then have ten (10) days, from the date of filing of Defendants' response, to file a reply brief. Signed by Judge Eleanor L. Ross on 2/7/20. (jpa)
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| Filing 12 MOTION for Temporary Restraining Order and Preliminary Injunction IMMEDIATE HEARING REQUESTED by The Jonathan D. Rosen Family Foundation, Inc.. (Attachments: #1 Brief Memorandum in Support of TRO, #2 Affidavit Declaration of Jonathan Rosen (Part 1 of 5), #3 Affidavit Declaration of Jonathan Rosen (Part 2 of 5, #4 Affidavit Declaration of Jonathan Rosen (Part 3 of 5), #5 Affidavit Declaration of Jonathan Rose (Part 4 of 5), #6 Affidavit Declaration of Jonathan Rose (Part 5 of 5), #7 Affidavit Declaration of Sanam Karki)(Marquardt, Christopher) Modified on 2/10/2020 to edit text (jap). |
| Filing 11 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, or to Otherwise Respond, with Brief In Support by Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS. (Attachments: #1 Text of Proposed Order)(Williams, Melaine) |
| Filing 10 PROPOSED CONSENT ORDER. (Williams, Melaine) |
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Filing 9
ORDER granting #8 Motion for Extension of Time up to and including 2/3/2020 for defendants to answer #1 Complaint. Signed by Judge Eleanor L. Ross on 1/14/2020. (dmb)
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| Filing 8 Second MOTION for Extension of Time to File Answer , or otherwise respond with Brief In Support by Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS. (Attachments: #1 Text of Proposed Order)(Williams, Melaine) |
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Filing 7
ORDER granting an extension of 60 days until January 24, 2020, to allow Plaintiffs to respond to the Citizenship Immigration Service's ("CIS") Request For Evidence when it is issued, for CIS to receive that evidence, and complete the adjudication process. Signed by Judge Eleanor L. Ross on 11/30/19. (jpa)
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| Filing 6 PROPOSED CONSENT ORDER. (Williams, Melaine) |
| Filing 5 AFFIDAVIT of Service for Complaint and Summons pursuant to FRCP 4(i), as to All Defendants. (Suttle, Brooks) |
| Filing 4 Certificate of Interested Persons by The Jonathan D. Rosen Family Foundation, Inc.. (Suttle, Brooks) |
| Filing 3 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
| Clerks Notation re #4 Certificate of Interested Persons/Corporate Disclosures by The Jonathan D. Rosen Family Foundation, Inc.. Read and approved by District Judge Eleanor L. Ross. (mlb) |
| Filing 2 Electronic Summons Issued as to Kathy A. Baran, Kenneth T. Cuccinelli, DHS, Kevin McAleenan, USCIS. (Attachments: #1 Summons Cuccinelli, #2 Summons McAleenan, #3 Summons USCIS, #4 Summons DHS)(bnp) |
| Filing 1 COMPLAINT filed by The Jonathan D. Rosen Family Foundation, Inc. and Sanam Karki. (Filing fee $400, receipt number AGANDC-8957853) (Attachments: #1 Civil Cover Sheet)(bnp) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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