Mazak et al v. United States Department of State et al
| Nergis Mazak, Mehmet Mazak, Ali Murat Mazak and Filiz Mazak |
| Jane Doe 2, Deputy Principal Officer, U.S. Embassy, Athens, Greece, United States Department of State, John Doe 1, Consular Officer, U.S. Embassy Athens, Greece and Anthony Blinken |
| 1:2024cv00422 |
| September 27, 2024 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| JILL A OTAKE |
| Other Immigration Actions |
| 28 U.S.C. § 1361 Petition for Writ of Mandamus |
| None |
Docket Report
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| Filing 30 EO: To give Plaintiffs additional time to effectuate service of the Complaint and Summons, the Rule 16 Scheduling Conference previously set for 11/25/2024 IS CONTINUED TO 01/27/2025 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 01/21/2025. Parties are to participate via telephone through the court's ZOOM Teleconference. Call-in information for this conference is below. Parties must connect at least five (5) minutes before the scheduled start time. Dial in number: 1-833-568-8864 Access Code: 160 8983 1896 Plaintiffs shall serve a copy of this entering order with the Complaint and the Summons. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(kjm3) |
| Filing 29 Summons Issued as to Attorney General of the United States. (jni) |
| Filing 28 Summons (Proposed) (Alaz, Hasan) |
| Filing 27 Summons Issued as to United States Attorney for the District of Hawaii.(jni) |
| Filing 26 Summons Issued as to United States Department of State. (jni) (Main Document 26 replaced on 11/19/2024 with correct document, NEF regenerated to counsel.) (jni) |
| Filing 25 Summons Issued as to John Doe 1, Consular Officer, U.S. Embassy Athens, Greece. (jni) |
| Filing 24 Summons Issued as to Jane Doe 2, Deputy Principal Officer, U.S. Embassy, Athens, Greece. (jni) |
| Filing 23 Summons Issued as to Anthony Blinken. (jni) |
| Filing 22 NOTICE of Appearance by Hasan Alaz on behalf of Mehmet Mazak, Filiz Mazak, Nergis Mazak, Ali Murat Mazak on behalf of Mehmet Mazak, Filiz Mazak, Nergis Mazak, Ali Murat Mazak. (Alaz, Hasan) |
Filing 21
EO: On September 27, 2024, Plaintiff filed a #2 Motion to Appear Pro Hac Vice as to Hasan Alaz ("Original PHV Application"). On October 19, 2024, the Court issued an entering order denying the Original PHV Application ("10/19/2024 EO"). ECF No. 19. In the 10/19/2024 EO, the Court noted that it had emailed Plaintiff's counsel three times (September 30, 2024, October 9, 2024, and October 21, 2024) indicating that the Original PHV Application was incomplete and asking Plaintiff's counsel to file an amended PHV application. Id. Plaintiff's counsel did not do so. The Court thus denied the Original PHV Application without prejudice to Plaintiff filing a new, complete PHV Application as to Mr. Alaz. Id. On November 8, 2024, Plaintiff filed a #20 Motion for Reconsideration for Pro Hac Vice Application and Amended Application for Pro Hac Vice ("Motion"). To the extent the Motion seeks reconsideration of the 10/19/2024 EO, the Court DENIES the #20 Motion. The Motion does not present a valid basis for reconsideration under the Local Rules of Practice for the United States District Court for the District of Hawaii. See LR 60.1 (allowing reconsideration based only on: "(a) Discovery of new material facts not previously available; (b) Intervening change in law; and/or (c) Manifest error of law or fact"). Plaintiff does not assert that the Court's denial of the Original PHV Application was due to an error on the Court's part. Indeed, Plaintiff admits in the Motion that the Original PHV Application was inadvertently left incomplete because of a clerical error by Plaintiff's counsel. See ECF No. 20 at 23. The Court thus finds that reconsideration of the 10/19/2024 EO is not warranted. Notwithstanding the Court's denial of Plaintiff's request for reconsideration of the 10/19/2024 EO, the Court GRANTS the Amended Motion to Appear Pro Hac Vice included in the #20 Motion. Id. at 57. IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 11/15/2024. (kjm2)
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| Filing 20 MOTION for Pro Hac Vice Motion for Reconsideration for Pro Hac Vice Application and Amended Application for Pro Hac Vice Hasan Alaz, Esq. Filing fee $ 300, receipt number AHIDC-3076176.Carmen Theresa DiAmore-Siah appearing for Plaintiffs Mehmet Mazak, Filiz Mazak, Nergis Mazak, Ali Murat Mazak (DiAmore-Siah, Carmen) Modified on 11/12/2024 (jni) |
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Filing 19
EO: On September 27, 2024, Plaintiff filed a #2 Motion to Appear Pro Hac Vice ("PHV Application"). On September 30, 2024, the Court emailed Plaintiff's counsel indicating that the PHV Application is incomplete and asking Plaintiff's counsel to file an amended PHV application. The Court sent follow-up emails to Plaintiff's counsel on October 9 and 21, 2024. Although Plaintiff's counsel has filed other documents in this case, Plaintiff's counsel has not file an amended PHV application or responded to the Court's emails. The Court thus DENIES the #2 PHV Application. Such denial is WITHOUT PREJUDICE to Plaintiff filing a new, complete PHV application as to Hasan Alaz. The Clerk's Office is DIRECTED to return the $300 filing fee. IT IS SO ORDERED. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 10/29/2024.(kjm2)
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| Filing 18 Plaintiffs' Amended Certificate of Interested Persons CIVIL Cover Sheet by Ali Murat Mazak, Filiz Mazak, Mehmet Mazak, Nergis Mazak. (DiAmore-Siah, Carmen) Modified on 10/9/2024 (jni) |
| Filing 17 NOTICE of Appearance by Carmen Theresa DiAmore-Siah on behalf of Ali Murat Mazak, Filiz Mazak, Mehmet Mazak, Nergis Mazak on behalf of Ali Murat Mazak, Filiz Mazak, Mehmet Mazak, Nergis Mazak. (DiAmore-Siah, Carmen) |
| Filing 16 CIVIL Cover Sheet by Ali Murat Mazak, Filiz Mazak, Mehmet Mazak, Nergis Mazak. (DiAmore-Siah, Carmen) |
| Filing 15 First AMENDED COMPLAINT PLAINTIFFS' ORIGINAL AND VERIFIED PETITION FOR WRIT OF MANDAMUS AND COMPLAINT FOR DECLARATORY AND INJUCTIVE RELIEF against All Defendants, filed by Nergis Mazak, Filiz Mazak, Ali Murat Mazak, Mehmet Mazak.(DiAmore-Siah, Carmen) Modified on 10/9/2024: Verification page is unsigned/not notarized. (jni) |
| ADVISORY ENTRY. Incorrect Attorney Filer - Please be advised that Documents #13 Notice of Appearance and #14 Certificate of Interested Persons, were signed by an attorney other than the one identified as the e-filer. The name of the CM/ECF User under whose login and password the document is being electronically filed must correspond to the signature of the attorney signing the CM/ECF filed document. The filing party is advised that the Pro Hac Vice Application of Hasan Alaz, Esq., ECF No. #2 , is currently pending before the Court. ADVISORY ENTRY. No Identification of Person Filing Document - Please be advised that Documents #13 Notice of Appearance and #14 Certificate of Interested Persons, does not include information that identifies the filer. The name, Hawaii bar identification number, address, telephone number, and email address of counsel (or, if pro se, of the party), and the specific identification of each party represented by name and interest in the litigation (e.g., plaintiff, defendant, etc.) shall appear in the upper left corner of the first page of each document presented for filing. The filing party may refer to L.R. 10.2 (b). (eta) |
| Filing 14 NOTICE of Appearance Certificate of Interested Persons by Carmen Theresa DiAmore-Siah on behalf of Ali Murat Mazak, Filiz Mazak, Mehmet Mazak, Nergis Mazak on behalf of Ali Murat Mazak, Filiz Mazak, Mehmet Mazak, Nergis Mazak. (DiAmore-Siah, Carmen) Modified on 10/1/2024 This document is signed by Hasan Alaz, Esq. and not the e-filer, Carmen Theresa DiAmore-Siah. The Pro Hac Vice Application of Hasan Alaz is currently pending. (eta). |
| Filing 13 NOTICE of Appearance by Carmen Theresa DiAmore-Siah on behalf of Ali Murat Mazak, Filiz Mazak, Mehmet Mazak, Nergis Mazak on behalf of Ali Murat Mazak, Filiz Mazak, Mehmet Mazak, Nergis Mazak. (DiAmore-Siah, Carmen) Modified on 10/1/2024 This document is signed by Hasan Alaz, Esq. and not the e-filer, Carmen Theresa DiAmore-Siah. The Pro Hac Vice Application of Hasan Alaz is currently pending. (eta). |
| Filing 12 Summons (Proposed) (United States Department of State, DOS) (DiAmore-Siah, Carmen) Modified on 10/7/2024 (jni) |
| Filing 11 Summons (Proposed) (United States Attorney for the District of Hawaii) (DiAmore-Siah, Carmen) Modified on 10/7/2024 (jni) |
| Filing 10 Summons (Proposed) (United States Attorney for the District of Hawaii) (DiAmore-Siah, Carmen) Modified on 10/7/2024 (jni) |
| Filing 9 Summons (Proposed) (John Doe 1, Consul Officer, US Embassy Athens, Greece) (DiAmore-Siah, Carmen) Modified on 10/7/2024 (jni) |
| Filing 8 Summons (Proposed) (Jane Doe 2, Deputy Principal Officer, US Embassy Athens, Greece) (DiAmore-Siah, Carmen) Modified on 10/7/2024 (jni) |
| Filing 7 Summons (Proposed) (Antony Blinken, US Secretary of State) (DiAmore-Siah, Carmen) Modified on 10/7/2024 (jni) |
| Filing 6 EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake posted on the court's website and are expected to comply with the most recent version that is posted. (JUDGE JILL A. OTAKE)(shm) |
| Filing 5 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of a Lawsuit and Request to Waive Service of a Summons, #2 AO 399 Waiver of the Service of Summons)(eta) |
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 11/25/2024 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 9/27/2024. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT. (eta)
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| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 24-00422 JAO-KJM on all further pleadings. (eta) |
| Filing 2 MOTION for Pro Hac Vice Hasan Alaz, Esq. Filing fee $ 300, receipt number AHIDC-3058569.Carmen Theresa DiAmore-Siah appearing for Plaintiffs Ali Murat Mazak, Filiz Mazak, Mehmet Mazak, Nergis Mazak (DiAmore-Siah, Carmen) Modified on 9/27/2024 (eta). |
| Filing 1 COMPLAINT PLAINTIFFS' ORIGINAL AND VERIFIED PETITION FOR WRIT OF MANDAMUS AND COMPLAINT FOR DECLARATORY AND INJUCTIVE RELIEF against All Defendants ( Filing fee $ 405 receipt number AHIDC-3058560.), filed by Nergis Mazak, Filiz Mazak, Ali Murat Mazak, Mehmet Mazak. (Attachments: #1 Civil Cover Sheet)(DiAmore-Siah, Carmen) |
| ADVISORY ENTRY. Incorrect Attorney Filer - Please be advised that Document #1 Complaint, was signed by an attorney other than the one identified as the e-filer. The name of the CM/ECF User under whose login and password the document is being electronically filed must correspond to the signature of the attorney signing the CM/ECF filed document. No further action is necessary. ADVISORY ENTRY. No Identification of Person Filing Document - Please be advised that Document #1 Complaint, does not include information that identifies the filer. The name, Hawaii bar identification number, address, telephone number, and email address of counsel (or, if pro se, of the party), and the specific identification of each party represented by name and interest in the litigation (e.g., plaintiff, defendant, etc.) shall appear in the upper left corner of the first page of each document presented for filing. The filing party may refer to L.R. 10.2 (b). No further action is necessary. (eta) |
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