Ramirez et al v. Rubio et al
| Fresca Jaline Tabirao Ramirez and Thomas Earl Pitts |
| Marco A Rubio, Jennifer L Weronski, Secy Homeland Secty Kristi Noem, Joseph B. Edlow, Tracy Tarango and John M. Allen |
| 2:2026cv00501 |
| February 24, 2026 |
| U.S. District Court for the District of Nevada |
| James C Mahan |
| Elayna J Youchah |
| Mandamus & Other |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on September 3, 2026. A more recent docket listing may be available from PACER.
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| Filing 38 REPLY to Response to #31 Motion to Dismiss by Defendants John M. Allen, Joseph B. Edlow, Kristi Noem, Marco A Rubio, Tracy Tarango, Jennifer L Weronski. (Botros, Tamer) |
Filing 37
ORDER Granting #36 Stipulation for Extension of Time. Replies are due by 8/21/2026. Signed by Judge James C. Mahan on 8/17/2026. (Copies have been distributed pursuant to the NEF - AMMi)
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| Filing 36 STIPULATION FOR EXTENSION OF TIME (First Request) re #31 Motion to Dismiss by Defendants John M. Allen, Joseph B. Edlow, Kristi Noem, Marco A Rubio.. (Botros, Tamer) (extend) (sumjgm) |
| Filing 35 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 8/14/2026. Pending before the Court is the Motion to Extend Plaintiffs' Deadline to Respond to Defendants' Motion to Dismiss (ECF No. #32 ). No response was timely filed. Under United States District Court for the District of Nevada Local Rule 7-2(d) the Court may treat the failure of a non-moving party to oppose a motion as that party's consent to grant the motion. Accordingly, IT IS HEREBY ORDERED that the Motion to Extend Time (ECF No. #32 ) is GRANTED nunc pro tunc. (no image attached) (Copies have been distributed pursuant to the NEF - ES) |
| Filing 34 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 8/12/2026. By Law Clerk: C. Yamagiwa.It has come to the attention of the Court that the parties have not indicated how they wish to proceed with discovery. The Administrative Record does not appear on the docket. Accordingly, IT IS HEREBY ORDERED that the parties must submit a status report no later than September 2, 2026 indicating how they wish to proceed with discovery in this matter. (no image attached) (Copies have been distributed pursuant to the NEF - CIY) |
| Filing 33 RESPONSE to #31 Motion to Dismiss by Plaintiffs Thomas Earl Pitts, Fresca Jaline Tabirao Ramirez. Replies are due by 8/14/2026. (Moran, Courtney) |
| Filing 32 MOTION to Extend Time (First Request) re #31 Motion to Dismiss by Plaintiffs Thomas Earl Pitts, Fresca Jaline Tabirao Ramirez. Responses are due by 8/14/2026. (Moran, Courtney) (sumjgm) |
| Filing 31 MOTION to Dismiss #20 Amended Complaint, by Defendants John M. Allen, Joseph B. Edlow, Kristi Noem, Marco A Rubio, Tracy Tarango, Jennifer L Weronski. Responses are due by 7/31/2026. (Botros, Tamer) |
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Filing 30
ORDER Granting #29 Motion to Extend Time : Answer/response to #20 Amended Complaint due by 7/17/2026. Signed by Magistrate Judge Elayna J. Youchah on 7/15/2026. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 29 Unopposed MOTION to Extend Time (Third Request) re #28 Order on Stipulation,,, #20 Amended Complaint, by Defendants John M. Allen, Joseph B. Edlow, Kristi Noem, Marco A Rubio, Tracy Tarango, Jennifer L Weronski. Responses are due by 7/28/2026. (Botros, Tamer) (answer) |
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Filing 28
ORDER Granting #27 Stipulation to Extend Federal Defendants' Deadline to File a Response to Plaintiffs' Amended Complaint (ECF No. #20 ) : Answer/response due by July 14, 2026. Signed by Magistrate Judge Elayna J. Youchah on 7/10/2026. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 27 STIPULATION FOR EXTENSION OF TIME (Second Request) re 26 Order on Motion to Extend/Shorten Time,,,,, Minute Order,,,, #20 Amended Complaint, by Defendants John M. Allen, Joseph B. Edlow, Kristi Noem, Marco A Rubio, Tracy Tarango, Jennifer L Weronski.. (Botros, Tamer) (extend) (answer) |
| Filing 26 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 7/1/2026. The Court has before it the Government's reasonable and supported Motion for Extension of Time to File a Response to Plaintiffs' Amended Complaint (ECF No. #25 ). Plaintiffs' demand for a quid pro quo, given the length of the extension requested and the circumstances underlying the request, does not appear to be reasonable. For this reason, the Court is denying the Government's Motion without prejudice and requiring the parties to meet and confer in good faith, no later than July 7, 2026, to again discuss the two week extension the Government seeks.Accordingly, IT IS HEREBY ORDERED that the Motion for Extension of Time to File Response to Plaintiffs' Amended Complaint (ECF No. #25 ) is DENIED without prejudice.IT IS FURTHER ORDERED that if agreement on an extension cannot be reached, the Government may refile its motion on an emergency basis. (no image attached) (Copies have been distributed pursuant to the NEF - EJY) |
| Filing 25 MOTION to Extend Time (First Request) re #20 Amended Complaint, by Defendants Joseph B. Edlow, Kristi Noem, Marco A Rubio. Responses are due by 7/14/2026. (Botros, Tamer) (answer) |
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Filing 24
ORDER Granting #23 Stipulation to Substitute Counsel : Aaron R. Pentheny of Hake & Schmitt is withdrawn as counsel for Plaintiffs. Courtney E. Moran of Murray Osorio PLLC, whose Verified Petition for Permission to Practice Pro Hae Vice was approved by this Court on June 25, 2026, (ECF No. #22 ), is hereby substituted as counsel for Plaintiffs. Designated local sponsoring counsel, Hardeep Sull of Sull & Associates, PLLC, remains as local counsel of record for Plaintiffs. Signed by Judge James C. Mahan on 6/30/2026.(Copies have been distributed pursuant to the NEF - DRM)
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| Filing 23 STIPULATION and Proposed Order to Substitute Counsel by Plaintiffs Thomas Earl Pitts, Fresca Jaline Tabirao Ramirez.. (Pentheny, Aaron) (other) (attorney) |
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Filing 22
ORDER Granting #21 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Courtney L. Moran for Thomas Earl Pitts, and for Fresca Jaline Tabirao Ramirez and approving Designation of Local Counsel Hardeep Sull. Signed by Judge James C. Mahan on 6/25/2026. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DRM)
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| Filing 21 First MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Courtney Moran and DESIGNATION of Local Counsel Hardeep Sull (Filing fee $ 250 receipt number BNVDC-8575850) by Plaintiff Fresca Jaline Tabirao Ramirez.. (Sull, Hardeep) |
| Filing 20 First AMENDED COMPLAINT against John M. Allen, Joseph B. Edlow, Kristi Noem, Marco A Rubio, Tracy Tarango, Jennifer L Weronski by Thomas Earl Pitts, Fresca Jaline Tabirao Ramirez. Adds and removes parties. (Attachments: #1 Exhibit Redline) (Pentheny, Aaron) |
| Filing 19 MOTION to Dismiss #1 Petition for Writ of Mandamus, by Defendants John M. Allen, Joseph B. Edlow, Kristi Noem, Marco A Rubio, Tracy Tarango, Jennifer L Weronski. Responses are due by 6/16/2026 Certificate of Interested Parties is due by 6/12/2026. Discovery Plan/Scheduling Order is due by 7/17/2026.. (Botros, Tamer) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 18 NOTICE of Appearance by attorney Tamer Botros Botros on behalf of Defendants John M. Allen, Joseph B. Edlow, Kristi Noem, Marco A Rubio, Tracy Tarango, Jennifer L Weronski. (Botros, Tamer) |
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Filing 17
ORDER Granting #16 UNOPPOSED Motion for Extension of Time to File a Response to Plaintiffs' #1 Petition for Writ of Mandamus. Federal Defendants' answer due 6/2/2026. Signed by Magistrate Judge Elayna J. Youchah on 5/21/2026. (Copies have been distributed pursuant to the NEF - MAM)
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| Filing 16 Unopposed MOTION to Extend Time (Second Request) re #11 Order on Motion to Extend/Shorten Time,,, #1 Petition for Writ of Mandamus, by Defendants Joseph B. Edlow, Kristi Noem, Marco A Rubio. Responses are due by 6/3/2026. (Leibow, Nicole) (answer) |
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Filing 15
ORDER Granting #4 Verified Petition for Permission to Practice Pro Hac Vice as to Attorney Aaron Pentheny for Thomas Earl Pitts and Fresca Jaline Tabirao Ramirez and approving Designation of Local Counsel as to Hardeep Sull. Signed by Judge James C. Mahan on 5/11/2026. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DLL)
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| Filing 14 SUMMONS Returned Executed by Thomas Earl Pitts re #3 Summons Issued as to USA, #1 Petition for Writ of Mandamus,. All Defendants. (Sull, Hardeep) |
| Filing 13 NOTICE of Corrected Image/Document re #8 Notice of Corrected Image/Document for attorney Aaron Ross Pentheny, by Plaintiff Thomas Earl Pitts. (Service of corrected image is attached.) (Attachments: #1 Exhibit)(Sull, Hardeep) |
| Filing 12 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 5/5/2026. By Deputy Clerk: C. Torres.IT IS HEREBY ORDERED that a ruling on Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel #8 is DEFERRED. IT IS FURTHER ORDERED that Petitioner, Aaron Pentheny shall amend the petition to use the Court's form for page #3 of the Petition. Petitioner shall have 14 days from the entry of this order to file the corrected Verified Petition using the "Notice of Corrected Image/Document" event and link to document #8 in accordance with the local rules. (no image attached) (Copies have been distributed pursuant to the NEF - CT) |
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Filing 11
ORDER Granting #10 Unopposed Motion for Extension of Time to File a Response to Plaintiffs' #1 Petition for Writ of Mandamus. Federal Defendants' answer due 5/22/2026. Signed by Magistrate Judge Elayna J. Youchah on 4/30/2026. (Copies have been distributed pursuant to the NEF - MAM)
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| Filing 10 Unopposed MOTION to Extend Time (First Request) re #1 Petition for Writ of Mandamus, by Defendants John M. Allen, Joseph B. Edlow, Kristi Noem, Marco A Rubio, Tracy Tarango, Jennifer L Weronski. Responses are due by 5/13/2026. (Leibow, Nicole) (answer) |
| Filing 9 NOTICE of Appearance by attorney Nicole Leibow on behalf of Defendants John M. Allen, Joseph B. Edlow, Kristi Noem, Marco A Rubio, Tracy Tarango, Jennifer L Weronski. (Leibow, Nicole) |
| Filing 8 NOTICE of Corrected Image/Document re 7 Minute Order,,, for attorney Aaron Pentheny, by Plaintiff Thomas Earl Pitts. (Service of corrected image is attached.) (Attachments: #1 Exhibit)(Sull, Hardeep) |
| Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 3/17/2026. By Deputy Clerk: C. Torres.IT IS HEREBY ORDERED that a ruling on Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel #6 is DEFERRED.IT IS FURTHER ORDERED that Petitioner, Aaron Pentheny shall amend the petition to reflect on page #3 question #7, that they are a member of the state bar Maryland, and attach the certificate of good standing to submit a complete Verified Petition for Permission to Practice Pro Hac Vice.Petitioner shall have 14 days from the entry of this order to file the corrected Verified Petition using the "Notice of Corrected Image/Document" event and link to document #6 in accordance with the local rules. (no image attached) (Copies have been distributed pursuant to the NEF - CT) |
| Filing 6 NOTICE of Corrected Image/Document re 5 Minute Order,,, for attorney Aaron R. Pentheny, by Plaintiff Thomas Earl Pitts. (Service of corrected image is attached.) (Sull, Hardeep) |
| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 3/12/2026. By Deputy Clerk: C. Torres.IT IS HEREBY ORDERED that a ruling on Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel #4 is DEFERRED. IT IS FURTHER ORDERED that Petitioner, Aaron Pentheny shall amend the petition to reflect on page #3 question #7, that they are a member of the state bar Maryland, since a certificate of good standings was attached. Petitioner shall have 14 days from the entry of this order to file the corrected Verified Petition using the "Notice of Corrected Image/Document" event and link to document #4 in accordance with the local rules. (no image attached) (Copies have been distributed pursuant to the NEF - CT) |
| Filing 4 See #6 Notice of Corrected Image. First MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Aaron Pentheny and DESIGNATION of Local Counsel Hardeep Sull (Filing fee $ 250 receipt number ANVDC-8399446) by Plaintiff Thomas Earl Pitts.. (Attachments: #1 Exhibit)(Sull, Hardeep) Modified on 3/13/2026 (HAM). |
| Filing 3 SUMMONS ISSUED as to All Defendants, U.S. Attorney and U.S. Attorney General re #1 Petition for Writ of Mandamus. (HAM) |
| Filing 2 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Aaron Pentheny to comply with completion and filing of the Verified Petition and Designation of Local Counsel. The form is available on the Court's website - #www.nvd.uscourts.gov. Counsel is required to register for the court's electronic filing system at PACER #www.pacer.gov to register Attorney. Verified Petition is due by 3/20/2026. (no image attached) (HAM) |
| Filing 1 First PETITION for Writ of Mandamus (Filing fee $ 405 receipt number ANVDC-8398589) by Thomas Earl Pitts. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet, #3 Certificate of Service, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons) (Sull, Hardeep) |
| Case randomly assigned to Judge James C. Mahan and Magistrate Judge Elayna J. Youchah. (HAM) |
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