Faltes v. Mayorkas et al
| Shadi Faltes |
| Alejandro Mayorkas, Director Ur M Jaddou, Ted H Kim and US Attorney General Merrick B. Garland |
| 2:2024cv01959 |
| March 18, 2024 |
| US District Court for the Eastern District of New York |
| Nusrat Jahan Choudhury |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on March 18, 2024. A more recent docket listing may be available from PACER.
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| Filing 11 NOTICE of Appearance by Diana Elizabeth Mahoney on behalf of All Defendants (aty to be noticed) (Mahoney, Diana) |
| Filing 10 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (DC) |
| Filing 9 Case transferred in from District of District of Columbia; Case Number 1:23-cv-03266. Original file certified copy of transfer order and docket sheet received. |
| The case of Faltes v. Mayorkas et al, has been transferred from United States District Court for the District of Columbia to the Eastern District of New York. The new case number is 24-cv-1959-NJC. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (DC) |
MINUTE ORDER granting the defendants' #8 Consent Motion to Transfer and Extend. The Court agrees with the defendants that a transfer to the U.S. District Court for the Eastern District of New York is appropriate here. The case "might have been brought" in the Eastern District of New York because the plaintiff resides in that district. 28 U.S.C. 1404(a). Further, several private-interest and public-interest factors favor transfer: namely, both parties consent to the transfer; at least one relevant witness (i.e., the plaintiff) resides in the transferee district; the plaintiff's alleged injuries occurred in the transferee district; and none of the events relevant to the plaintiff's claim occurred in the District of Columbia. Ngonga v. Sessions, 318 F. Supp. 3d 270, 275 (D.D.C. 2018). Although the plaintiff initially chose to file in the District of Columbia, "deference to that choice is limited" because the plaintiff "is not a resident" of that district, this action "lacks meaningful ties" to that district, and the plaintiff now consents to a transfer. Wolfram Alpha LLC v. Cuccinelli, 490 F. Supp. 3d 324, 332 (D.D.C. 2020). The other factors that courts generally consider in this postureincluding the transferee district's familiarity with underlying law and its relative congestionare neutral as to transfer. For those reasons, the Court finds that considerations of convenience and the "interest of justice" favor transfer. 28 U.S.C. 1404(a). It is therefore ORDERED that this case is TRANSFERRED to the U.S. District Court for the Eastern District of New York. It is further ORDERED that the defendants shall respond to the #1 Complaint within 21 days of this case being placed on the electronic docket in the U.S. District Court for the Eastern District of New York. So Ordered by Judge Dabney L. Friedrich on March 6, 2024. (lcdlf2) [Transferred from District of Columbia on 3/18/2024.]
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| Filing 8 Consent MOTION to Transfer Case by MERRICK B. GARLAND, UR M. JADDOU, TED H. KIM, ALEJANDRO N. MAYORKAS. (Attachments: #1 Text of Proposed Order)(Jones, Sian). Added MOTION for Extension of Time to File Answer on 3/5/2024 (mg). [Transferred from District of Columbia on 3/18/2024.] |
| Filing 7 NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) [Transferred from District of Columbia on 3/18/2024.] |
| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UR M. JADDOU served on 1/9/2024; TED H. KIM served on 1/9/2024; ALEJANDRO N. MAYORKAS served on 1/9/2024 (Ahmed, Sadaf) [Transferred from District of Columbia on 3/18/2024.] |
| Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/3/2024. Answer due for ALL FEDERAL DEFENDANTS by 3/3/2024. (Ahmed, Sadaf) [Transferred from District of Columbia on 3/18/2024.] |
| Filing 4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/17/2024. (Ahmed, Sadaf) [Transferred from District of Columbia on 3/18/2024.] |
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MINUTE ORDER. The plaintiff filed the Complaint in this action on November 1, 2023 against four defendants. As of the date of this order, the public docket reflects that the plaintiff has yet to file proof of service of any defendant. The Court directs the plaintiff's attention to Federal Rule of Civil Procedure 4(m), which provides in pertinent part that if a defendant is not served within 90 days after the complaint is filed, the court, on motion or on its own after notice to the plaintiff, must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. Fed. R. Civ. P. 4(m). Unless service is waived, proof of service must be made to the court. Fed. R. Civ. P. 4(l)(1). To avoid the finality of a mandatory dismissal of this action against the defendants, it is ORDERED that the plaintiff must, on or before January 30, 2024, either cause process to be served upon the defendants and proof of service to be filed with the Court or establish good cause for the failure to do so. The failure to make such filings will result in dismissal of this case. So Ordered by Judge Dabney L. Friedrich on January 3, 2024. (lcdlf2) [Transferred from District of Columbia on 3/18/2024.]
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Filing 3
STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on November 2, 2023. (lcdlf2) [Transferred from District of Columbia on 3/18/2024.]
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| Filing 2 SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(zljn) [Transferred from District of Columbia on 3/18/2024.] |
| Case Assigned to Judge Dabney L. Friedrich. (zljn) [Transferred from District of Columbia on 3/18/2024.] |
| Filing 1 COMPLAINT against MERRICK B. GARLAND, UR M. JADDOU, TED H. KIM, ALEJANDRO MAYORKAS ( Filing fee $ 402 receipt number ADCDC-10464748) filed by SHADI FALTES. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B, #3 Summons SUMMONS FOR U.S. ATTORNEY, #4 Summons SUMMONS FOR ATT. GENERAL, #5 Summons SUMMONS FOR ALEJANDRO MAYORKAS, #6 Summons SUMMONS FOR UR. M. JADDOU, #7 Summons SUMMONS FOR TED H. KIM, #8 Civil Cover Sheet CIVIL COVER SHEET)(Ahmed, Sadaf) [Transferred from District of Columbia on 3/18/2024.] |
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