Yu v. United States Department of Transportation et al
| Elias Yu |
| United States Maritime Administration, Mark H. Buzby, United States Department of Transportation, James A. Helis and United States Merchant Marine Academy |
| 2:2018cv05560 |
| October 4, 2018 |
| US District Court for the Eastern District of New York |
| Sandra J Feuerstein |
| Anne Y Shields |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| Plaintiff |
Docket Report
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| Filing 22 Letter to the Honorable Sandra J. Feuerstein, United States District Judge, respectfully submitted in response to Plaintiff's November 5, 2018 letter to the Court concerning the administrative record by United States Department of Transportation, United States Maritime Administration, United States Merchant Marine Academy (Knapp, James) |
| Filing 21 Letter to the Honorable Sandra J. Feuerstein, United States District Judge, regarding the provided administrative record (incomplete). by Elias Yu (Gonzalez, Richard) |
| Filing 20 Letter to the Honorable Sandra J. Feuerstein, United States District Judge respectfully providing the administrative record by United States Department of Transportation, United States Maritime Administration, United States Merchant Marine Academy (Knapp, James) |
| Filing 19 Minute Entry for proceedings held before Judge Sandra J. Feuerstein for Civil Cause for Status Conference held on 10/25/2018; Plaintiff's Attorney: Richard Gonzalez, present; Defendant's Attorney: James H. Knapp and Eileen Kreitzer, present; Case called. A further status conference is scheduled before Judge Feuerstein on 1/24/2019 at 11:15 AM. (Cubano, Jazmin) |
| Filing 18 Letter MOTION to Strike #17 Reply in Support, to the extent it purports to be in support of Plaintiff's Order to Show Cause by United States Department of Transportation, United States Maritime Administration, United States Merchant Marine Academy. (Knapp, James) |
| Filing 17 REPLY in Support re #16 Declaration, #15 Memorandum in Opposition, #2 Emergency MOTION for Preliminary Injunction , IN SUPPORT OF PLAINTIFF'S EMERGENCY APPLICATION FOR AN ORDER TO SHOW CAUSE, AND IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS THE COMPLAINT filed by Elias Yu. (Gonzalez, Richard) |
| NOTICE of Hearing: Due to a change in the Court's calendar, the hearing originally scheduled before Judge Feuerstein on 10/24/2018 is rescheduled on 10/25/2018 at 11:15 am (Morabito, Bryan) |
ORDER granting #13 Motion to Adjourn Conference: The October 18, 2018 OSC Hearing is adjourned to October 24, 2018 at 11:15 a.m. (in-person, Courtroom 1010 of the Central Islip Federal Courthouse). Ordered by Judge Sandra J. Feuerstein on 10/17/2018. c/ECF (Killigrew, Patricia)
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| Filing 16 DECLARATION re #15 Memorandum in Opposition, by United States Department of Transportation, United States Maritime Administration, United States Merchant Marine Academy (Attachments: #1 Exhibit, #2 Exhibit) (Knapp, James) |
| Filing 15 MEMORANDUM in Opposition re #5 Temporary Restraining Order,,,, Order to Show Cause,,, #1 Complaint, #2 Emergency MOTION for Preliminary Injunction Motion to Dismiss the complaint in its entirety filed by United States Department of Transportation, United States Maritime Administration, United States Merchant Marine Academy. (Knapp, James) |
| Filing 14 Summons Issued as to Mark H. Buzby, James A. Helis, United States Department of Transportation, United States Maritime Administration, United States Merchant Marine Academy. (Tirado, Chelsea) |
| Filing 13 Letter MOTION to the Honorable Sandra J. Feuerstein, United States District Judge, respectfully submitted on consent to request a brief adjournment of the OSC hearing scheduled on October 18, 2018 by United States Department of Transportation, United States Maritime Administration, United States Merchant Marine Academy (Knapp, James) Modified docket entry from letter to motion on 10/17/2018 (Tirado, Chelsea). |
| Filing 12 Minute Entry for proceedings held before Judge Sandra J. Feuerstein:Motion Hearing held on 10/12/2018 Parties consent to continued enforcement of TRO and that the Plaintiff may remain at the Academy through October 26, 2018. Plaintiff to provide Chambers with hard copies of the Phase I & II transcripts by no later than Tuesday, October 16, 2018. Any additional discovery records arealso to be provided to Chambers by Tuesday, October 16, 2018. A Preliminary Injunction Hearing is scheduled before Judge Feuerstein on 10/18/2018 at 11:15 am ( Preliminary Injunction Hearing set for 10/18/2018 11:15 AM in Courtroom 1040 before Judge Sandra J. Feuerstein.) (Court Reporter Fred Guerino.) (Bollbach, Jean) |
| Filing 11 Proposed Summons. Re #1 Complaint by Elias Yu (Gonzalez, Richard) |
| Proposed summonses are rejected; the caption on each summons does not match the caption of the complaint; specifically, if you use "et al" you must attach a rider; the Clerk's Office cannot issue the summonses with an incorrect caption. Counsel is advised to submit completed proposed summonses using the event Proposed Summons/Civil Cover Sheet. (Tirado, Chelsea) |
| Filing 10 Letter to attorney Richard Gonzalez advising that the Court has scheduled on telephonic hearing on Oct. 12, 2018 at 10:00 a.m. by United States Department of Transportation, United States Maritime Administration, United States Merchant Marine Academy (Knapp, James) |
| NOTICE of Hearing on Motion : Motion Hearing set for 10/12/2018 at 10:00 AM before Judge Sandra J. Feuerstein, to be conducted telephonically, regarding the Defendants' letter motion (see ECF No. 6). Defendants' counsel is to initiate the call; once all parties are on the line, contact Chambers at (631) 712-5630. Defendants' counsel shall serve this Notice on Plaintiff and file proof of said serve with the Court. c/ECF (Killigrew, Patricia) |
| Filing 9 Proposed Summons. Re #1 Complaint by Elias Yu (Attachments: #1 Proposed Summons) (Gonzalez, Richard) |
| Filing 8 NOTICE of Appearance by James H. Knapp on behalf of United States Department of Transportation, United States Maritime Administration, United States Merchant Marine Academy (aty to be noticed) (Knapp, James) |
| Filing 7 BOND re #5 TRO in the amount of $ 250.00 posted by Elias Yu (Tirado, Chelsea) |
| Filing 6 RESPONSE to Motion re #2 Emergency MOTION for Preliminary Injunction and letter motion to dissolve temporary restraining order issued October 5, 2018 at 9:35 a.m. filed by United States Department of Transportation, United States Maritime Administration, United States Merchant Marine Academy. (Knapp, James) |
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Filing 5
TEMPORARY RESTRAINING ORDER & ORDER TO SHOW CAUSE - IT IS HEREBY ORDERED THAT: (1) the Plaintiff serve this Order, together with the papers upon which it is granted, by hand delivery on or before 5PM on 10/5/2018; (2) the Defendants shall have until 10/12/2018, 5PM EST, to file their opposition, if any, to the Emergency Motion; (3) the Defendants shall appear on 10/18/2018 at 11:15AM in Courtroom 1010 of the Central Islip Federal Courthouse, located at 100 Federal Plaza in Central Islip, New York, to show cause why the Emergency Motion should not be granted; (4) pending the hearing on the Emergency Motion, the United States Merchant Marine Academy shall reinstate Plaintiff, permitting him to attend classes; and (5) the Plaintiff shall give security in the amount of $250.00 by bond or cash, to the Clerk of Court, U.S. District Court, by 5PM on 10/5/2018. SO Ordered by Judge Sandra J. Feuerstein on 10/5/2018. (Tirado, Chelsea)
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ORDER re #1 Complaint filed by Elias Yu, #2 Emergency MOTION for Preliminary Injunction filed by Elias Yu : In accordance with SJF Individual Rule 3(C) (available on the Court's website), Plaintiff is to provide Chambers with courtesy copies of his Complaint, his Emergency Motion, and all supporting papers, by October 10, 2018.Ordered by Judge Sandra J. Feuerstein on 10/5/2018.c/ECF (Killigrew, Patricia)
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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. (Rodin, Deanna) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Filing 2 Emergency MOTION for Preliminary Injunction by Elias Yu. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J) (Gonzalez, Richard) |
| Filing 1 COMPLAINT, against All Defendants, Was the Disclosure Statement on Civil Cover Sheet completed -Yes, filed by Elias Yu. (Attachments: #1 Civil Cover Sheet) (Rodin, Deanna) Modified on 10/4/2018 (Rodin, Deanna). |
| FILING FEE: $400, receipt number 0207-10777741 (Rodin, Deanna) |
| Incorrect Document Entry Information. Defendant was added to the case incorrectly; defendant was deleted and re-entered; then document entry #1 was deleted and re-entered against corrected defendant. (Rodin, Deanna) |
| Case Assigned to Judge Sandra J. Feuerstein and Magistrate Judge Anne Y. Shields. 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. (Rodin, Deanna) |
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