Mulla v. University of Minnesota, The et al
| Mehdijaffer Allyakber Mulla |
| University of Minnesota, Michael Hyoung-Son kim, University of Minnesota Regents, Michael Kim, Regents of the University of Minnesota, The, University of Minnesota, The and Julia Weston |
| 0:2020cv00931 |
| April 13, 2020 |
| US District Court for the District of Minnesota |
| Leo I Brisbois |
| Susan Richard Nelson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 44 Minute Entry for proceedings held before Judge Susan Richard Nelson: Motion Hearing held on 11/19/2020 re #31 MOTION to Dismiss/General Plaintiff's Amended Complaint filed by The Regents of the University of Minnesota, Michael Kim, The University of Minnesota. The motion was submitted, argued, and taken under advisement. (Court Reporter Carla Bebault) (SMD) |
| Filing 43 (Text-Only) NOTICE of Resetting of Hearing: The hearing on Defendants' MOTION to Dismiss Plaintiff's Amended Complaint is now set to be held on 11/19/2020 at 9:30 AM via videoconference (no courtroom) before Judge Susan Richard Nelson. Counsel of record will be emailed information on how to join the videoconference. (SMD) |
| Filing 42 REPLY re #31 MOTION to Dismiss/General Plaintiff's Amended Complaint filed by Michael Kim, Regents of the University of Minnesota, The, University of Minnesota. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ryan Gallia, Carrie) Modified text on 10/14/2020 (MMG). |
| Filing 41 SEALED AFFIDAVIT of Mehdijaffer Mulla in OPPOSITION TO #31 MOTION to Dismiss/General Plaintiff's Amended Complaint filed by Plaintiff.(Robbins, James) |
| Filing 40 SEALED EXHIBIT Exhibits in Support of Memorandum of Law in Opposition of Defendants' Motion to Dismiss re #39 Exhibit filed by Plaintiff. (Attachments: #1 Exhibit(s))(Robbins, James) |
| Filing 39 SEALED EXHIBIT List re #38 Response in Opposition to Motion filed by Plaintiff.(Robbins, James) |
| Filing 38 RESPONSE in Opposition re #31 MOTION to Dismiss/General Plaintiff's Amended Complaint filed by Mehdijaffer Allyakber Mulla. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Robbins, James) |
| Filing 37 Summons Issued as to Michael Kim, Regents of the University of Minnesota, The, University of Minnesota, The, Julia Weston. (lmb) |
| Filing 36 TEXT ONLY ENTRY: Request to Clerk's Office to Issue Summons for Julia Weston. (Robbins, James) |
| Filing 35 PROPOSED ORDER TO JUDGE re #31 MOTION to Dismiss/General Plaintiff's Amended Complaint filed by Michael Kim, Regents of the University of Minnesota, The, University of Minnesota, The.(Ryan Gallia, Carrie) |
| Filing 34 MEMORANDUM in Support re #31 MOTION to Dismiss/General Plaintiff's Amended Complaint filed by Michael Kim, Regents of the University of Minnesota, The, University of Minnesota, The. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ryan Gallia, Carrie) |
| Filing 33 MEET and CONFER STATEMENT re #31 Motion to Dismiss/General filed by Michael Kim, Regents of the University of Minnesota, The, University of Minnesota, The.(Ryan Gallia, Carrie) |
| Filing 32 NOTICE OF HEARING ON MOTION #31 MOTION to Dismiss/General Plaintiff's Amended Complaint : Motion Hearing set for 11/19/2020 at 09:30 AM in Courtroom 7B (STP) before Judge Susan Richard Nelson. (Ryan Gallia, Carrie) |
| Filing 31 MOTION to Dismiss/General Plaintiff's Amended Complaint filed by Michael Kim, Regents of the University of Minnesota, The, University of Minnesota, The. (Ryan Gallia, Carrie) |
Filing 30
ORDER denying #15 Plaintiff's Motion for Preliminary Injunction. (Written Opinion) Signed by Judge Susan Richard Nelson on 9/3/2020. (SMD)
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| Filing 29 NOTICE by Michael Kim, Regents of the University of Minnesota, The, University of Minnesota, The of Withdrawal of Motion to Dismiss (Ryan Gallia, Carrie) |
| Filing 28 Minute Entry for proceedings held before Judge Susan Richard Nelson: Motion Hearing held on 8/31/2020 re #15 First MOTION for Preliminary Injunction / Temporary Restraining Order - Expedited Handling Requested filed by Mehdijaffer Allyakber Mulla. The motion was submitted, argued, and taken under advisement. (Court Reporter Carla Bebault) (SMD) |
| Filing 27 NOTICE: Remote Public Access to #18 Motion Hearing on 8/31/2020 at 10:00 AM. For a telephonic connection to listen to the hearing, dial 1-669-254-5252. Use meeting id 161 695 7580 and passcode 725574. (SMD) |
| Filing 26 DECLARATION of Carrie Ryan Gallia in Opposition to #15 First MOTION for Preliminary Injunction / Temporary Restraining Order - Expedited Handling Requested filed by Michael Kim, Regents of the University of Minnesota, The, University of Minnesota, The. (Attachments: #1 Exhibit(s))(Ryan Gallia, Carrie) |
| Filing 25 MEMORANDUM in Opposition re #15 First MOTION for Preliminary Injunction / Temporary Restraining Order. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ryan Gallia, Carrie) Modified text/link on 8/28/2020 (CLK). |
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Filing 24
TEXT ONLY ORDER. On August 3, 2020, Defendants filed their Motion to Dismiss. [Docket No. 10]. On August 25, 2020, Plaintiff filed a Motion to Amend his Complaint, [Docket No. 19], and Plaintiff also separately filed his Amended Complaint. [Docket No. 20]. Plaintiff's Motion to Amend his Complaint, [Docket No. 20], was given an incorrect designation on this Court's docket due to a technical error, and consequently, on August 26, 2020, Plaintiff's Motion to Amend his Complaint, [Docket No. 19], and his Amended Complaint, [Docket No. 20], were administratively designated as filed in error. That same day, on August 26, 2020, Plaintiff refiled his Motion to Amend his Complaint, [Docket No. 23], as well as, a copy of his Amended Complaint. [Docket No. 23-2]. Rule 15 of the Federal Rule of Civil Procedure provides that a plaintiff is entitled to amend his complaint once as a matter of course within twenty-one (21) days after serving the complaint or within twenty-one (21) days after the filing of a motion under Rule 12(b). Rule 6 governs the calculation of time, and it provides that "[w]hen a period [of time] is stated in days... exclude the day of the event that triggers the period." Therefore, applying Rule 15 and Rule 6 to the present case, Plaintiff, in response to Defendants' August 3, 2020, Motion to Dismiss, had until August 25, 2020, to file an Amended Complaint as a matter of right because Defendants' Motion to Dismiss, [Docket No. 10], is as a motion under Rule 12(b) and because Plaintiff had not previously filed an Amended Complaint in the present case. Plaintiff in fact did timely file his Amended Complaint on August 25, 2020. Therefore, when Plaintiff initially filed his Amended Complaint on August 25, 2020, he was permitted to amend his Complaint as a matter of right, and he need not have also sought this Court's permission through motion practice. Nevertheless, Plaintiff has now refiled a Motion, and this Court must address that Motion. [Docket No. 23]. Because Plaintiff was permitted to amend his Complaint as a matter of right at the time he originally filed his Amended Complaint with this Court on August 25, 2020, Plaintiff's Motion to Amend his Complaint, [Docket No. 23], is GRANTED. Plaintiff's Amended Complaint, [Docket No. 23-2], is the operative pleading in the present case. Signed by Magistrate Judge Leo I. Brisbois on 8/26/2020. (JRG)
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| Filing 23 First MOTION to Alter/Amend/Supplement Pleadings filed by Mehdijaffer Allyakber Mulla. (Attachments: #1 LR15.1 Typographic Changes noted, #2 AMENDED COMPLAINT)(Robbins, James) Modified text on 8/26/2020 (MTP). |
| Filing 22 SEALED EXHIBIT re #21 Response in Opposition to Motion, #19 First MOTION to Unseal Pleading/Motion/Other Document To Amend Complaint filed by Plaintiff.(Robbins, James) |
| Filing 21 RESPONSE in Opposition re #10 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by Mehdijaffer Allyakber Mulla. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Robbins, James) |
| Filing 20 FILED IN ERROR-WILL REFILE: AMENDED PETITION against Michael Kim, Regents of the University of Minnesota, The, University of Minnesota, The. filed by Mehdijaffer Allyakber Mulla. No summons requested. (Attachments: #1 Addendum) (Robbins, James) Modified text on 8/26/2020 (MTP). |
| Filing 19 FILED IN ERROR-WILL REFILE: First MOTION to Unseal Pleading/Motion/Other Document To Amend Complaint filed by Mehdijaffer Allyakber Mulla. (Robbins, James) Modified text on 8/26/2020 (MTP). |
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Filing 18
BRIEFING ORDER re: #15 Motion for Preliminary Injunction Responses due by noon on 8/28/2020 Motion Hearing set for 8/31/2020 at 10:00 AM in Video Conference (no courtroom) before Judge Susan Richard Nelson. Signed by Judge Susan Richard Nelson on 8/24/2020.(SMD)
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| Filing 17 SEALED EXHIBIT 1 - 23 re #15 First MOTION for Preliminary Injunction / Temporary Restraining Order - Expedited Handling Requested, #16 Memorandum filed by Plaintiff. (Attachments: #1 Exhibit(s))(Robbins, James) |
| Filing 16 SEALED MEMORANDUM OF LAW IN SUPPORT OF MOTION filed by Plaintiff. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Robbins, James) |
| Filing 15 First MOTION for Preliminary Injunction / Temporary Restraining Order - Expedited Handling Requested filed by Mehdijaffer Allyakber Mulla. (Robbins, James) |
| Filing 14 PROPOSED ORDER TO JUDGE re #10 MOTION to Dismiss filed by Michael Kim, Regents of the University of Minnesota, The, University of Minnesota, The.(Ryan Gallia, Carrie) Modified text on 8/4/2020 (kt). |
| Filing 13 MEET and CONFER STATEMENT re #10 Motion to Dismiss filed by Michael Kim, Regents of the University of Minnesota, The, University of Minnesota, The.(Ryan Gallia, Carrie) Modified text on 8/4/2020 (kt). |
| Filing 12 MEMORANDUM in Support re #10 MOTION to Dismiss filed by Michael Kim, Regents of the University of Minnesota, The, University of Minnesota, The. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ryan Gallia, Carrie) Modified text on 8/4/2020 (kt). |
| Filing 11 NOTICE OF HEARING ON MOTION #10 MOTION to Dismiss: Motion Hearing set for 11/19/2020 at 09:30 AM in Courtroom 7B (STP) before Judge Susan Richard Nelson. (Ryan Gallia, Carrie) Modified text on 8/4/2020 (kt). |
| Filing 10 MOTION to Dismiss filed by Michael Kim, Regents of the University of Minnesota, The, University of Minnesota, The. (Ryan Gallia, Carrie) Modified text on 8/4/2020 (kt). |
| Filing 9 WAIVER OF SERVICE Returned Executed filed by Mehdijaffer Allyakber Mulla. Michael Kim served 6/03/2020, answer due 8/03/2020; The Regents of the University of Minnesota served 6/03/2020, answer due 8/03/2020; The University of Minnesota served 6/03/2020, answer due 8/03/2020. (Attachments: #1 Waiver of Service Waiver, #2 Waiver of Service Waiver). (Robbins, James) Modified text/added dates on 6/8/2020 (lmb). |
| Filing 8 Summons Issued as to Michael Kim, Regents of the University of Minnesota, The, University of Minnesota, The. (MMG) |
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Filing 7
ORDER denying as moot #5 Application to Proceed in District Court without Prepaying Fees or Costs. Signed by Magistrate Judge Leo I. Brisbois on 5/14/2020. (JLB)
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| Filing 6 RECEIPT number 44641107439 in the amount of $400.00 issued to James Robbins o/b/o Mehdijaffer Allyakber Mulla. (MMP) |
| Filing 5 First Application to Proceed in District Court without Prepaying Fees or Costs filed by Mehdijaffer Allyakber Mulla. (Robbins, James) |
| Filing 4 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Susan Richard Nelson per 3rd 4th Civil Rights list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 20-cv-931 (SRN/LIB). (MMP) |
| Filing 3 DOCUMENT FILED IN ERROR. REQUEST for service from U.S. Marshals by Mehdijaffer Allyakber Mulla. (Attachments: #1 Placeholder for service not executed, #2 Placeholder for service not executed)(Robbins, James) Modified text on 4/15/2020 (MMG). |
| Filing 2 DOCUMENT FILED IN ERROR - WILL REFILE - REQUEST for Application to Proceed in District Court Without Prepaying Fees or Costs by Mehdijaffer Allyakber Mulla. (Robbins, James) Modified text on 4/14/2020 (MMP). |
| Filing 1 COMPLAINT Defendant University of Minnesota et al against Mehdijaffer Allyakber Mulla filed by Mehdijaffer Allyakber Mulla. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Robbins, James) |
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