Paiz Perez et al v. Garland et al
| Brindis Marubenia Paiz Perez and David Gilberto Paiz Guerrero |
| Merrick Garland, Alejandro Mayorkas, Ur M. Jaddou and John Thompson |
| 2:2023cv06116 |
| August 14, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Other Immigration Actions |
| 08 U.S.C. § 1329 Writ of Mandamus to Adjudicate Visa Petiti |
| None |
Docket Report
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This docket was last retrieved on September 25, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 NOTICE of Appearance by Toniann Territola on behalf of All Defendants (aty to be noticed) (Territola, Toniann) |
| Filing 16 AFFIDAVIT/AFFIRMATION by David Gilberto Paiz Guerrero, Brindis Marubenia Paiz Perez (Bembi, Bruno) |
| Filing 15 SUMMONS Returned Executed by Brindis Marubenia Paiz Perez, David Gilberto Paiz Guerrero. Alejandro Mayorkas served on 9/19/2023, answer due 11/20/2023. (Bembi, Bruno) |
| Filing 14 SUMMONS Returned Executed by Brindis Marubenia Paiz Perez, David Gilberto Paiz Guerrero. John Thompson served on 9/19/2023, answer due 11/20/2023. (Bembi, Bruno) |
| Filing 13 SUMMONS Returned Executed by Brindis Marubenia Paiz Perez, David Gilberto Paiz Guerrero. Ur M. Jaddou served on 9/19/2023, answer due 11/20/2023. (Bembi, Bruno) |
| Filing 12 SUMMONS Returned Executed by Brindis Marubenia Paiz Perez, David Gilberto Paiz Guerrero. Merrick Garland served on 9/19/2023, answer due 11/20/2023. (Bembi, Bruno) |
SCHEDULING ORDER: Defendants are directed to file an answer or otherwise respond to Plaintiffs' complaint on or before November 20, 2023. If Defendants intend to move to dismiss the complaint, then Defendants shall file by that date a pre-motion letter summarizing the basis for their motion to dismiss, as required by Section IV.A of the Court's Individual Practices. Plaintiff shall file a responsive letter on or before November 27, 2023. Ordered by Judge Hector Gonzalez on 9/19/2023. (ICP)
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| Filing 11 Summons Issued as to Merrick Garland, Ur M. Jaddou, Alejandro Mayorkas, John Thompson, U.S. Attorney and U.S. Attorney General. (JC) |
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ORDER: The Court previously ordered Plaintiffs to file a letter on or before September 7, 2023, describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on each Defendant. On September 6, 2023, Plaintiffs filed an affidavit of service stating that on September 6, 2023, they served a copy of the summons and complaint on the Brooklyn and Central Islip U.S. Attorney's offices. However, it does not appear that the Clerk of Court has issued a summons yet because Plaintiffs have filed two sets of proposed summonses that contained errors and only filed the most recent proposed summonses on September 6, 2023. On or before September 29, 2023, Plaintiffs shall file a letter no longer than three pages describing Plaintiffs' efforts to serve Defendants with proper summonses issued by the Clerk of Court. Alternatively, if Plaintiffs completes service of a proper summons on each Defendant before that date, then Plaintiffs shall promptly file proof of service. If Plaintiffs fail to file the letter required by this order, or if Plaintiffs' letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiffs to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. Ordered by Judge Hector Gonzalez on 9/8/2023. (ICP)
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| Filing 10 by David Gilberto Paiz Guerrero, Brindis Marubenia Paiz Perez (Bembi, Bruno) |
| Filing 9 Proposed Summons. by David Gilberto Paiz Guerrero, Brindis Marubenia Paiz Perez (Bembi, Bruno) |
| Filing 8 Proposed Summons. by David Gilberto Paiz Guerrero, Brindis Marubenia Paiz Perez (Bembi, Bruno) |
| Filing 7 Proposed Summons. by David Gilberto Paiz Guerrero, Brindis Marubenia Paiz Perez (Bembi, Bruno) |
| Filing 6 Proposed Summons. by David Gilberto Paiz Guerrero, Brindis Marubenia Paiz Perez (Bembi, Bruno) |
| Your proposed summons was not issued for one of the following reasons: The name on the summons does not match the name as it appears on the complaint. Please make sure all parties listed on the summons are also on the complaint., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (JC) |
| Filing 5 Proposed Summons.Civil Cover Sheet.. by David Gilberto Paiz Guerrero, Brindis Marubenia Paiz Perez (Attachments: #1 Civil Cover Sheet) (Bembi, Bruno) |
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ORDER: Plaintiffs shall file a letter no longer than three pages on or before September 7, 2023 describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on each Defendant. If Plaintiffs fail to file the letter required by this order, or if Plaintiffs' letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiffs to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. Notably, it appears that Plaintiffs have not filed a corrected proposed summons for the Clerk of Court to issue.The Court will not extend the deadline for Plaintiffs to file the letter required by this order unless Plaintiffs request an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 8/18/2023. (ICP)
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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. (LJ) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. Please refer to ALL Corrections made on this case! (KD) (Additional attachment(s) added on 8/17/2023: #1 Additional Corrections) (LJ). |
| Your proposed summons was not issued for the following reason: The full case caption must appear on the summons and/or the rider. Please correct and resubmit using the event Proposed Summons/Civil Cover Sheet. (LJ) |
| Incorrect Document Entry Information. Complaint was entered as against only one defendant; entry was deleted and re-entered as against all defendants. (LJ) |
| Case Assigned to Judge Hector Gonzalez. 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. (LJ) |
| Filing 2 COMPLAINT PAIZ PEREZ against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Brindis Marubenia Paiz Perez, David Gilberto Paiz Guerrero. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Rider) (LJ) |
| FILING FEE: $ 402, receipt number ANYEDC-16998474 (LJ) |
| Filing 1 Proposed Summons. by Brindis Paiz Perez (Bembi, Bruno) |
| Incorrect Case/Document/Entry Information. Please file the Complaint, Civil Cover Sheet and Proposed Summons for the following case so that it may be processed. These documents should not be filed as 1 document as per the ECF Attorney Case Opening Manual. The Complaint should be the Main Document. The civil cover sheet should be attachment #1 and the proposed summons should be attachment #2. Please correctly file the initiating documents.****It is also the responsibility of Counsel to add all Parties to their docket sheet. All Plaintiffs and All Defendants should be added when opening the case. Please add all the parties that are listed on your complaint to this docket so that this case may be processed.**** (KD) |
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