PSV Enterprises, LLC v. United States Citizenship and Immigration Services
| PSV Enterprises, LLC |
| United States Citizenship and Immigration Services, Kenneth T. Cuccinelli, II and Tracy Renaud |
| 8:2021cv00212 |
| June 7, 2021 |
| US District Court for the District of Nebraska |
| Michael D Nelson |
| Other Immigration Actions |
| 05 U.S.C. § 0701 |
| None |
Docket Report
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This docket was last retrieved on December 17, 2021. A more recent docket listing may be available from PACER.
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| Filing 38 TEXT ORDER granting Motion for Admission Pro Hac Vice #37 for attorney Michelle M. Scimecca. Ordered by Deputy Clerk. (JLS) |
| Filing 37 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4431470 by Attorney Michelle M. Scimecca on behalf of Plaintiff PSV Enterprises, LLC.(Scimecca, Michelle) |
Filing 36
ORDER - The parties' Motion to Stay (Filing No. #34 ) is granted. All case deadlines, including the defendants' responsive pleading deadline, are stayed pending further order of the Court. On or before August 30, 2021, and every 60-days thereafter, the parties shall file a status report regarding the administrative proceedings and whether the parties believe the stay should continue or be lifted. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
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| Filing 35 ATTORNEY LETTER by Clerk that Attorney Michelle Eaton Scimecca has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO) |
| Filing 34 JOINT MOTION to Stay Case Progression by Attorney Lynnett M. Wagner on behalf of Defendants Tracy Renaud, United States Citizenship and Immigration Services.(Wagner, Lynnett) |
| Filing 33 TEXT ORDER granting Motion for Admission Pro Hac Vice #31 for attorney David W. Asp. Ordered by Deputy Clerk. (JLS) |
| Filing 32 TEXT ORDER granting Motion for Admission Pro Hac Vice #30 for attorney Kailey C. Mrosak. Ordered by Deputy Clerk. (JLS) |
| Filing 31 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4415939 by Attorney David W. Asp on behalf of Plaintiff PSV Enterprises, LLC.(Asp, David) |
| Filing 30 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4415868 by Attorney Kailey C. Mrosak on behalf of Plaintiff PSV Enterprises, LLC.(Mrosak, Kailey) |
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Filing 29
TEXT ORDER granting #27 Motion to Substitute Attorney; granting #28 Motion to Substitute. Attorney Lynnett M. Wagner is substituted as counsel for Defendants. Attorney Brenda A. Gonzalez-Horowitz is terminated as counsel of record and shall no longer receive notice in this case. Pursuant to Federal Rule of Civil Procedure 25(d) Tracy Renaud, Acting Director, USCIS, is substituted for Kenneth T. Cuccinelli as Defendant in this case. Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 28 MOTION to Substitute Party by Attorney Lynnett M. Wagner on behalf of Defendants Kenneth T. Cuccinelli, II, United States Citizenship and Immigration Services.(Wagner, Lynnett) |
| Filing 27 MOTION to Substitute Attorney by Attorney Lynnett M. Wagner on behalf of Defendants Kenneth T. Cuccinelli, II, United States Citizenship and Immigration Services.(Wagner, Lynnett) |
| Filing 26 ATTORNEY LETTER by Clerk that Attorney Brenda A. Gonzalez-Horowitz has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO) |
| Filing 25 ATTORNEY LETTER by Clerk that Attorney Kailey C. Mrosak has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO) |
| Filing 24 ATTORNEY LETTER by Clerk that Attorney Michelle Eaton Scimecca has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO) |
| Filing 23 ATTORNEY LETTER by Clerk that Attorney David W. Asp has not registered for admittance to practice or registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LKO) |
| Filing 22 TEXT NOTICE OF JUDGE ASSIGNED: Magistrate Judge Michael D. Nelson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LKO) |
| Filing 21 Case transferred in from District of District of Columbia; Case Number 1:20-cv-02287. Original electronic file received. |
| Set/Reset Deadlines: Transfer due by 6/4/2021. (tj) [Transferred from District of Columbia on 6/7/2021.] |
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Filing 20
MEMORANDUM OPINION AND ORDER granting Defendants' #13 Motion to Transfer and transferring case to the District of Nebraska. Signed by Judge Ketanji Brown Jackson on 05/25/2021. (lckbj2) [Transferred from District of Columbia on 6/7/2021.]
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| Filing 18 REPLY to opposition to motion re #13 MOTION to Transfer Case filed by KENNETH T. CUCCINELLI, II, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Gonzalez Horowitz, Brenda) [Transferred from District of Columbia on 6/7/2021.] |
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MINUTE ORDER granting, for good cause shown, #17 Consent Motion for Extension of Time to File Reply. It is hereby ORDERED that Defendants' reply is due on or before 10/5/2020. Signed by Judge Ketanji Brown Jackson on 9/18/2020. (jag) [Transferred from District of Columbia on 6/7/2021.]
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| Filing 17 Consent MOTION for Extension of Time to File Reply by KENNETH T. CUCCINELLI, II, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Gonzalez, Brenda) [Transferred from District of Columbia on 6/7/2021.] |
| Filing 16 Memorandum in opposition to re #13 MOTION to Transfer Case filed by PSV ENTERPRISES, LLC. (Attachments: #1 Text of Proposed Order)(Asp, David) [Transferred from District of Columbia on 6/7/2021.] |
| Filing 15 NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of KENNETH T. CUCCINELLI, II, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES Substituting for attorney Paul Cirino (Gonzalez, Brenda) [Transferred from District of Columbia on 6/7/2021.] |
| Filing 14 NOTICE of Appearance by Kailey C. Mrosak on behalf of PSV ENTERPRISES, LLC (Mrosak, Kailey) [Transferred from District of Columbia on 6/7/2021.] |
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MINUTE ORDER. The parties appeared before this Court on August 31, 2020, for a scheduling teleconference concerning Plaintiff's #2 Motion for a Preliminary Injunction, during which they represented that USCIS has agreed to delay its processing of the I-485 applications of Plaintiff's employees pending adjudication of the merits of Plaintiff's challenge to the agency's denial of Plaintiff's I-140 petitions on behalf of those employees. Accordingly, consistent with the parties' representations and Plaintiff's indication that the agreement obviates the need for emergency injunctive relief, it is hereby ORDERED that Plaintiff's #2 Motion for Preliminary Injunction is DENIED, without prejudice, as moot. Signed by Judge Ketanji Brown Jackson on 09/02/2020. (lckbj2) [Transferred from District of Columbia on 6/7/2021.]
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| Minute Entry for Teleconference held on 8/31/2020 before Judge Ketanji Brown Jackson in Chambers. (Court Reporter: Nancy Meyer) (zgdf) [Transferred from District of Columbia on 6/7/2021.] |
| Filing 13 MOTION to Transfer Case by KENNETH T. CUCCINELLI, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Attachments: #1 Memorandum in Support, #2 Declaration of Donald D. Moody, #3 Text of Proposed Order)(Cirino, Paul) [Transferred from District of Columbia on 6/7/2021.] |
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MINUTE ORDER granting #10 , #11 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Kailey C. Mrosak and Michelle Eaton Scimecca are admitted pro hac vice in this matter as counsel for Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Ketanji Brown Jackson on 8/26/2020. (jag) [Transferred from District of Columbia on 6/7/2021.]
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| Filing 12 NOTICE regarding Availability for Telephone Scheduling Conference (jointly filed with Defendants) by PSV ENTERPRISES, LLC re #5 Order,, Set Deadlines, (Asp, David) [Transferred from District of Columbia on 6/7/2021.] |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michelle Eaton Scimecca, Filing fee $ 100, receipt number ADCDC-7505498. Fee Status: Fee Paid. by PSV ENTERPRISES, LLC (Asp, David) [Transferred from District of Columbia on 6/7/2021.] |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kailey C. Mrosak, Filing fee $ 100, receipt number ADCDC-7505474. Fee Status: Fee Paid. by PSV ENTERPRISES, LLC (Asp, David) [Transferred from District of Columbia on 6/7/2021.] |
| Filing 9 NOTICE of Appearance by Paul Cirino on behalf of KENNETH T. CUCCINELLI, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (Cirino, Paul) [Transferred from District of Columbia on 6/7/2021.] |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENNETH T. CUCCINELLI served on 8/24/2020 (Asp, David) [Transferred from District of Columbia on 6/7/2021.] |
| Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 8/24/2020 (Asp, David) [Transferred from District of Columbia on 6/7/2021.] |
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Filing 6
GENERAL ORDER AND GUIDELINES APPLICABLE TO APA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for batching motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 8/20/2020. (jag) [Transferred from District of Columbia on 6/7/2021.]
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Filing 5
GENERAL ORDER AND GUIDELINES REGARDING MOTIONS FOR A PRELIMINARY INJUNCTION. Plaintiff shall promptly effect service of the complaint on Defendants and shall file any returns of service on or before August 24, 2020. Defense counsel shall enter an appearance in this matter on or before August 25, 2020. Signed by Judge Ketanji Brown Jackson on 8/20/2020. (jag) [Transferred from District of Columbia on 6/7/2021.]
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| Filing 4 SUMMONS (2) Issued Electronically as to KENNETH T. CUCCINELLI, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Attachment: #1 Notice and Consent)(adh, ) [Transferred from District of Columbia on 6/7/2021.] |
| Case Assigned to Judge Ketanji Brown Jackson. (zsb) [Transferred from District of Columbia on 6/7/2021.] |
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MINUTE ORDER granting 3 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Ketanji Brown Jackson on 8/20/2020. (jag) [Transferred from District of Columbia on 6/7/2021.]
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| Filing 2 MOTION for Preliminary Injunction by PSV ENTERPRISES, LLC (Attachments: #1 Declaration of David W. Asp, #2 Exhibit 1-6, #3 Declaration of Pedro Sandoval Vasquez, #4 Text of Proposed Order)(Asp, David) [Transferred from District of Columbia on 6/7/2021.] |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief and Review of Agency Action under the Administrative Procedure Act against KENNETH T. CUCCINELLI, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES ( Filing fee $ 400 receipt number ADCDC-7483655) filed by PSV ENTERPRISES, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons to USCIS, #3 Summons to Kenneth T. Cuccinelli)(Asp, David) [Transferred from District of Columbia on 6/7/2021.] |
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