Mohsin et al v. Trump et al
| Shamsya Qahtan Thabit Al-Mhn and Bassam Mohsin |
| Michael Pompeo, Office of the Director of National Intelligence, United States Citizenship and Immigration Services, Lee Francis Cissna, U.S. Department of Homeland Security, U.S. Department Of Justice, Daniel Coats, U.S. Department of State, Matthew Whitaker, Stephen Miller, U.S. Customs and Border Protection, Donald J. Trump and Kevin McAleenan |
| 1:2019cv02401 |
| April 24, 2019 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Pamela K Chen |
| Steven M Gold |
| William F Kuntz |
| Other Immigration Actions |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.
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| Filing 16 SUMMONS ISSUED as to U.S. Attorney's Office and Attorney General. (Attachments: #1 Summons Issued) (Tavarez, Jennifer) |
| Filing 15 Proposed Summons. by Bassam Mohsin, Shamsya Qahtan Thabit Al-Mhn (Goldberg, Julie) |
| Filing 14 Proposed Summons. by Bassam Mohsin, Shamsya Qahtan Thabit Al-Mhn (Goldberg, Julie) |
Filing 13
REPORT AND RECOMMENDATIONS re #1 Complaint filed by Bassam Mohsin, Shamsya Qahtan Thabit Al-Mhn, respectfully recommending that plaintiffs' application for leave to serve exhibits in digital form be granted. Objections to R&R due by 7/5/2019Ordered by Magistrate Judge Steven M. Gold on 6/21/2019. (Gold, Steven)
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ORDER: Granting #2 Motion for Leave to Appear Pro Hac Vice. Attorney Julia A. Goldberg shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Steven M. Gold on 6/17/2019. (Gillespie, Saudia)
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ORDER: On June 13, 2019, plaintiffs filed a notice of motion requesting the Court's permission to serve exhibits of the summons and complaint on defendants in the form of compact discs. Dkt. #11 . By Order dated June 13, 2019, the Honorable William F. Kuntz, II referred plaintiffs' motion to me for Report and Recommendation. Dkt. #12 . Defendants shall file, by letter, any objections they have to plaintiffs' motion by THIS WEDNESDAY, JUNE 19, 2019. Ordered by Magistrate Judge Steven M. Gold on 6/17/2019. (Farmer, John)
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Filing 12
ORDER: On June 13, 2019, Plaintiffs filed a notice of motion requesting the Court's permission to serve exhibits of the summons and complaint to Defendants in the form of compact discs. See ECF No. 11. The motion is hereby respectfully REFERRED to Magistrate Judge Steven M. Gold for a Report and Recommendation.SO Ordered by Judge William F. Kuntz, II on 6/13/2019. (Tavarez, Jennifer)
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| Filing 11 NOTICE by Bassam Mohsin Motion for Permission to Serve Exhibits of the Summons and Complaint to Defendants in the Form of Compact Discs (Goldberg, Julie) |
| Filing 10 Letter informing the Court of the current status of this case by Lee Francis Cissna, Daniel Coats, Kevin McAleenan, Stephen Miller, Office of the Director of National Intelligence, Michael Pompeo, Donald J. Trump, U.S. Customs and Border Protection, U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Department of State, United States Citizenship and Immigration Services, Matthew Whitaker (Ramkumar, Archith) |
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ORDER REASSIGNING CASE. Case reassigned to Judge William F. Kuntz, II for all further proceedings. Judge Pamela K. Chen no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 5/17/2019. (Bowens, Priscilla)
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ORDER: The Court grants Defendants' #7 request to relate this matter to Almerdaei, et al. v. Trump, et al., 19-CV-830 (WFK), pending before the Honorable William F. Kuntz. Based on its review of the parties' letters and the two complaints, the Court concludes that the cases are related under Local Rule 50.3.1. Notwithstanding differences in the identities of the parties and the individual factual circumstances, the two cases involve the same core, dispositive legal issues and seek the same relief, which is systemic in nature, including: (1) a declaratory judgment requiring Defendants to adjudicate Plaintiffs' waiver applications; (2) a declaration that the lack of clarity surrounding the waiver procedure under the Presidential Proclamation ("Proclamation") violates the Administrative Procedures Act, the Immigration and Nationality Act, and the Fifth and Ninth Amendments of the Constitution; (3) "instruct[ing]" the Department of Homeland Security to "set up a specific guideline and application process for the waiver with a set adjudication time;" and (4) "find[ing] that the waiver process is unconstitutional... strik[ing] down the Proclamation in its entirety." (19-CV-830, Dkt. 1 at 73-74; 19-CV-2401, Dkt. 1 at 38-39.) The Court further finds that the different procedural postures of the cases does not militate against relation. The two cases were only filed two months apart, and the motion to dismiss in 19-CV-830 was only fully briefed in late April. This minor procedural difference can be readily addressed by the transferee district judge so as not to unduly impede progress of either matter. The Court, therefore, finds relation of the two cases is appropriate under Local Rule 50.3.1. Ordered by Judge Pamela K. Chen on 5/17/2019. (Brodziak, Maya)
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| Filing 9 NOTICE of Appearance by Farzin Franklin Amanat on behalf of All Defendants (aty to be noticed) (Amanat, Farzin) |
| Filing 8 NOTICE by Bassam Mohsin, Shamsya Qahtan Thabit Al-Mhn Plaintiffs' Opposition to Government's Application to Relate Case (Goldberg, Julie) |
| Filing 7 Notice of Related Case (Ramkumar, Archith) |
| Filing 6 NOTICE of Appearance by Archith Ramkumar on behalf of All Defendants (aty to be noticed) (Ramkumar, Archith) |
| Filing 5 Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Case assigned to Judge Pamela K. Chen. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Filing 2 First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11417983. by Bassam Mohsin, Shamsya Qahtan Thabit Al-Mhn. (Goldberg, Julie) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants filing fee $ 400, receipt number ANYEDC-11417959 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Shamsya Qahtan Thabit Al-Mhn, Bassam Mohsin. (Goldberg, Julie) (Additional attachment(s) added on 4/25/2019: #1 Civil Cover Sheet, #2 Proposed Summons) (Bowens, Priscilla). (Main Document 1 replaced on 4/25/2019) (Bowens, Priscilla). (Additional attachment(s) added on 4/25/2019: #3 Evidence List, #4 Exhibits A-Z Part1) (Bowens, Priscilla). (Additional attachment(s) added on 4/26/2019: #5 Exhibits A-Z_Part2, #6 Exhibits A-Z_Part3) (Bowens, Priscilla). (Additional attachment(s) added on 4/26/2019: #7 Exhibits A-Z_Part4, #8 Exhibits A-Z_Part5) (Bowens, Priscilla). (Additional attachment(s) added on 4/26/2019: #9 Exhibits A-Z_Part6, #10 Exhibits A-Z_Part7, #11 Exhibits A-Z_Part8, #12 Exhibits A-Z_Part9) (Bowens, Priscilla). (Additional attachment(s) added on 4/26/2019: #13 Exhibits A-Z_Part10, #14 Exhibits AA-CC, #15 Exhibits DD) (Bowens, Priscilla). |
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