Lin et al v. Johnson et al
| Jun Lin, Weichen Qian and Wenxin Qian |
| Wilhelm Bierman of Maria Guerra, Jeh Johnson and John Thompson |
| 1:2019cv02878 |
| May 15, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Brian M Cogan |
| Other Immigration Actions |
| 28 U.S.C. ยง 1361 Petition for Writ of Mandamus |
| None |
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Filing 8
ORDER dated 7/1/19 that the premotion conference is waived. This letter is deemed to constitute defendants' motion to dismiss. Plaintiffs are advised that they must file opposition to the motion, if they have any, by 7/16/19, or this action may dismissed. Plaintiffs should take notice of the attachments to this motion, particularly the notice under Local Rule 12.1. In addition, the Court notes that this case has been brought by three pro se plaintiffs. Although pro se plaintiffs may bring their actions together, one pro se plaintiff may not represent another. However, even though the complaint appears to have been signed each of the three plaintiffs, the handwriting is identical, raising the concern that one plaintiff signed all three plaintiffs' names. The notary seal does not help, because the notary public, contrary to the requirements of New York law, did not state whether one or all three of the plaintiffs appeared before her when she applied her notary seal to the complaint. Accordingly, together with their opposition to the motion, plaintiffs are required to submit a new version of the complaint, signed personally by each of them, and the notary seal must list who the notary saw sign the document. re #7 MOTION for pre motion conference and an invitation for the Court to treat as Defendants' motion to dismiss, ( Ordered by Judge Brian M. Cogan on 7/1/2019 ) c/m (Guzzi, Roseann)
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| Filing 7 MOTION for pre motion conference and an invitation for the Court to treat as Defendants' motion to dismiss by Jeh Johnson, John Thompson, Wilhelm Bierman of Maria Guerra. (Attachments: #1 Exhibit Exhibit A, #2 Notice of Motion Notice Pursuant to Local Rule 12.1, #3 Declaration Declaration of Service) (Smith, Sheldon) Modified on 7/1/2019 to change event. (Guzzi, Roseann). |
| Filing 6 NOTICE of Appearance by Sheldon A. Smith on behalf of All Defendants (aty to be noticed) (Smith, Sheldon) |
| Filing 4 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. (Williams, Erica) |
| Filing 3 Summons Issued as to Jeh Johnson, John Thompson, Wilhelm Bierman of Maria Guerra, U.S. Attorney and U.S. Attorney General (Williams, Erica) |
| Filing 2 FILING FEE: $ 400.00, receipt number 4653140033 (Williams, Erica) |
| Filing 1 COMPLAINT against Jeh Johnson, John Thompson, Wilhelm Bierman of Maria Guerra, filed by Jun Lin, Wenxin Qian, Weichen Qian. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) |
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