Chavez Lalvay v. Cuccinelli, II et. al.
| Kevin Sebastian Chavez Lalvay |
| Kevin K. McAleenan, U.S. Department of Homeland Security, William P. Barr, Kenneth T. Cuccinelli, II and Chad F. Wolf |
| 1:2019cv06419 |
| November 13, 2019 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Mandamus & Other |
| 08 U.S.C. ยง 1329 Writ of Mandamus to Adjudicate Visa Petiti |
| None |
Docket Report
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| Filing 7 REPLY in Support of Defendants' Motion to Dismiss filed by Kevin Sebastian Chavez Lalvay. (Worth, Christopher) |
ORDER granting #6 Motion to dismiss case as moot. Plaintiff has filed a response to the motion "joining in" it and disavowing any intent to seek EAJA fees. The case is moot, so defendants' motion to dismiss is granted. The Clerk is directed to enter judgment, dismissing the complaint. Ordered by Judge Brian M. Cogan on 1/5/2020. (Cogan, Brian)
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SCHEDULING ORDER: The premotion conference is waived. The letter #6 is deemed to constitute defendants' motion to dismiss on the grounds stated. Plaintiff's opposition to the motion is due by 1/6/2020. The Initial Status Conference is adjourned until 1/9/2020 at 3:15 pm, at which time it shall be held in conjunction with oral argument on the motion in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 12/23/2019. (Weisberg, Peggy)
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| Filing 6 MOTION for pre motion conference in anticipation of Defedants' motion to dismiss for lack of subject matter jurisdiction, or, alternatively, for failure to state a claim by William P. Barr, Kenneth T. Cuccinelli, II, U.S. Department of Homeland Security, Chad F. Wolf. (Attachments: #1 Exhibit A) (Smith, Sheldon) |
| Filing 5 NOTICE of Appearance by Sheldon A. Smith on behalf of William P. Barr, Kenneth T. Cuccinelli, II, U.S. Department of Homeland Security, Chad F. Wolf (aty to be noticed) (Smith, Sheldon) |
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SCHEDULING ORDER: Counsel for all parties are directed to appear before the Honorable Brian M. Cogan for an Initial Status Conference on 1/2/2020 at 12:00 pm in Chambers 704S. Principal trial counsel must appear at this and all subsequent conferences. Plaintiff's counsel is directed to notify all attorneys in this action of the conference schedule in writing. No later than 24 hours prior to the Initial Status Conference, the Government must file a brief letter advising the Court whether the status of the case has changed since the filing of the complaint. Counsel is directed to review Judge Cogan's Individual Practices, which may be obtained on the Court's website at https://www.nyed.uscourts.gov/content/judge-brian-m-cogan. Requests for adjournment of the conference will be considered only if made in writing and otherwise in accordance with Judge Cogan's Rules. Ordered by Judge Brian M. Cogan on 11/15/2019. (Weisberg, Peggy)
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| 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. (Bowens, Priscilla) |
| Filing 3 Summons Issued as to William P. Barr, Kenneth T. Cuccinelli, II, Chad F. Wolf, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
| Case assigned to Judge Brian M. Cogan. 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 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Filing 1 COMPLAINT /Petition for Writ of Mandamus against William P. Barr, Kenneth T. Cuccinelli, II, Kevin K. McAleenan, U.S. Department of Homeland Security Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Kevin Sebastian Chavez Lalvay. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M) (Flanagan, Doreen) (Main Document 1 replaced on 11/14/2019) (Bowens, Priscilla). (Attachment 1 replaced on 11/14/2019) (Bowens, Priscilla). (Attachment 2 replaced on 11/14/2019) (Bowens, Priscilla). |
| FILING FEE: $ 400.00, receipt number ANYEDC-12059136 (Flanagan, Doreen) |
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