Bao et al v. Mayorkas et al
Plaintiff: Fanming Meng and Guochun Bao
Defendant: Kirt Thompson, Alejando Mayorkas and Merrick Garland
Case Number: 1:2021cv01774
Filed: April 1, 2021
Court: US District Court for the Eastern District of New York
Presiding Judge: Diane Gujarati
Nature of Suit: Other Immigration Actions
Cause of Action: 28 U.S.C. ยง 1361 Petition for Writ of Mandamus
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 18, 2021 Filing 10 Consent MOTION for Extension of Time to File Response/Reply as to #7 Order to Show Cause (Federal),,,,, until August 3, 2021; Plaintiffs' reply until September 7, 2021; and an adjournment of the oral argument until a date after September 7, 2021 that is convenient to the Court by Merrick Garland, Alejando Mayorkas, Kirt Thompson. (Olds, Dara)
May 18, 2021 Opinion or Order ORDER granting #10 Motion for Extension of Time to File Response/Reply-- The motion is granted on consent. The United States Attorney, as attorney for Defendants, shall show cause on or before August 3, 2021, in writing, why a Writ of Mandamus should not be issued, and shall serve a copy of the response on Plaintiffs, with proof of such service to the Clerk of the Court. On or before September 7, 2021, Plaintiffs shall file a reply, if any, with proof of service to the Clerk of the Court. Oral argument shall be heard on October 11, 2021 at 11:00 a.m. via teleconference before Judge Diane Gujarati. The call-in information for the telephone conference is 1-877-336-1839, and the access code is 2643682. Counsel should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. Ordered by Judge Diane Gujarati on 5/18/2021. (Almonte, Kelly)
April 27, 2021 Filing 9 NOTICE of Appearance by Dara A Olds on behalf of All Defendants (aty to be noticed) (Olds, Dara)
April 13, 2021 Filing 8 SUMMONS Returned Executed by Guochun Bao, Fanming Meng. Merrick Garland served on 4/1/2021, answer due 5/31/2021; Alejando Mayorkas served on 4/1/2021, answer due 5/31/2021; Kirt Thompson served on 4/1/2021, answer due 5/31/2021. (Chien, David)
April 9, 2021 Opinion or Order Filing 7 ORDER TO SHOW CAUSE: The United States Attorney, as attorney for defendants, is directed to show cause on or before June 4, 2021, in writing, why a #1 Writ of Mandamus should not be issued, and shall serve a copy of the response on plaintiffs, with proof of such service to the Clerk of the Court. On or before July 6, 2021, plaintiffs shall file a reply, if any, with proof of service to the Clerk of the Court. Oral argument shall be heard on August 2, 2021 at 1:00 p.m. via teleconference before Judge Diane Gujarati. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 2643682. Counsel should call in to the telephone conference five minutes before the conference begins. Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office. If any party has difficulty accessing the telephone conference, please contact chambers at Gujarati_Chambers@nyed.uscourts.gov. SO ORDERED by Judge Diane Gujarati on 4/9/2021. Electronic Service upon the U.S. Attorney's Office re: this Order to Show Cause and Plaintiffs' #1 Complaint / Writ of Mandamus (Almonte, Kelly)
April 2, 2021 Opinion or Order Filing 6 ORDER granting #5 Motion for Refund of Fees Paid Electronically. Ordered by Clerk of Court on 4/2/2021. (Marziliano, August)
April 1, 2021 Filing 5 First MOTION for Refund of Fees Paid Electronically by Guochun Bao, Fanming Meng. (Chien, David)
April 1, 2021 Filing 4 Summons Issued as to Merrick Garland, Alejando Mayorkas, Kirt Thompson, U.S. Attorney and U.S. Attorney General (Davis, Kimberly)
April 1, 2021 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
April 1, 2021 Filing 2 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. (Davis, Kimberly)
April 1, 2021 Filing 1 COMPLAINT against Merrick Garland, Alejando Mayorkas, Kirt Thompson filing fee $ 402, receipt number ANYEDC-14332944 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Guochun Bao, Fanming Meng. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Proposed Summons) (Chien, David)
April 1, 2021 Case Assigned to Judge Diane Gujarati. 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. (Davis, Kimberly)

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Plaintiff: Fanming Meng
Represented By: David Chien
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Plaintiff: Guochun Bao
Represented By: David Chien
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Defendant: Kirt Thompson
Represented By: Dara A Olds
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Defendant: Alejando Mayorkas
Represented By: Dara A Olds
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Defendant: Merrick Garland
Represented By: Dara A Olds
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