Diop v. United States Citizenship and Immigration Services (USCIS) et al
| Marie Pierre Diop |
| United States Citizenship and Immigration Services (USCIS), New York Asylum Office, USCIS, Ur M. Jaddou, Jennifer Higgins, Alejandro Mayorkas, Ted H. Kim, Matthew D. Emrich and Patricia Menges |
| 2:2022cv05311 |
| September 7, 2022 |
| US District Court for the Eastern District of New York |
| Nina Morrison |
| Other Immigration Actions |
| 28 U.S.C. ยง 1361 Petition for Writ of Mandamus |
| Plaintiff |
Docket Report
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| Filing 6 NOTICE of Appearance by Nairi Simonian Gruzenski on behalf of All Defendants (aty to be noticed) (Gruzenski, Nairi) |
ORDER TO SHOW CAUSE and Electronic Service upon the US Attorney's Office: (1) The United States Attorney, as attorney for respondent, shall show cause before this Court why a writ of mandamus should not be issued by filing of a return to the petition; (2) Within sixty (60) days of this Order, the United States Attorney shall serve a copy of their return on the petitioner herein and shall file the original thereof, with proof of service, with the Clerk of the Court; (3) Petitioner shall file a reply, if any, with the Clerk of the Court within thirty (30) days of receiving the return, and serve a copy on the respondents; and (4) Electronic service of this Order shall be made by the Clerk of the Court by forwarding a copy hereof, together with a copy of the petition, to the United States Attorney without prepayment of fees. Ordered by Judge Nina Morrison on 10/24/2022. (LK)
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| Case Reassigned to Judge Nina Morrison. Judge Joanna Seybert no longer assigned to the 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. (BBM) |
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ORDER granting #2 Motion for Leave to Electronically File Document under Seal (the "Sealing Motion"): Plaintiff moves to seal the medical affidavit of Jonathan Margolies, LCSW (hereafter, the "Margolies Affidavit"), which is attached as Exhibit 1 to the Declaration of Caitlin R. Hickey (see ECF No. 2-2) and is also attached as Exhibit E to Plaintiff's Complaint (see ECF No. 1-6). "Federal law generally treats medical records as confidential," and as rebutting the presumption that docket sheets remain open to public and media inspection. Hand v. N.Y.C. Transit Auth., No. 11-CV-0997, 2012 WL 3704826 at *5 (E.D.N.Y. Aug. 26, 2012). Having reviewed the Margolies Affidavit, the Court finds said Affidavit contains confidential and sensitive medical information pertaining to Plaintiff's health, medical diagnoses, and symptoms. Thus, keeping the Margolies Affidavit under seal "is essential to preserve higher values and is narrowly tailored to serve that interest." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006). Accordingly, the Sealing Motion is GRANTED; ECF No. 1-6 (Ex. E, attached to Compl.), and ECF No. 2-2 (Ex. 1, attached to Hickley Decl.) are to remain sealed. Ordered by Judge Joanna Seybert on 10/11/2022. (PAK)
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| Filing 5 Summons Issued as to Matthew D. Emrich, Ur M. Jaddou, Ted H. Kim, Alejandro Mayorkas, Patricia Menges, United States Citizenship and Immigration Services (USCIS), U.S. Attorney and U.S. Attorney General (Jakubowski, Laura) |
| 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. (Jakubowski, Laura) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Case Assigned to Judge Joanna Seybert. 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. (Jakubowski, Laura) |
| Filing 2 MOTION for Leave to Electronically File Document Under Seal by Marie Pierre Diop. (Attachments: #1 Declaration of Caitlin R. Hickey in Support of Plaintiff's Motion for Leave to File Document Under Seal, #2 Exhibit E to Complaint (dkt. 1-6), #3 Memorandum in Support of Plaintiff's Motion for Leave to File Document Under Seal) (Hickey, Caitlin) Modified/changed original Motion to Seal on 9/8/2022 (Jakubowski, Laura). |
| Filing 1 COMPLAINT against Matthew D. Emrich, Jennifer Higgins, Ur M. Jaddou, Ted H. Kim, Alejandro Mayorkas, Patricia Menges, New York Asylum Office, USCIS, United States Citizenship and Immigration Services (USCIS) filing fee $ 402, receipt number ANYEDC-15914661 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Marie Pierre Diop. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E - (FILED UNDER SEAL), #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Proposed Summons and Rider) (Hickey, Caitlin) Modified on 9/8/2022 (Jakubowski, Laura). |
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