Sun v. Nielsen et al
Plaintiff: Xiu Ying Sun
Defendant: Kirstjen Nielsen, Gregory Richardson, Attorney General Jeff Sessions and Jeff Sessions
Case Number: 1:2018cv09008
Filed: October 2, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Alvin K Hellerstein
Nature of Suit: Other Immigration Actions
Cause of Action: 28 U.S.C. § 1361
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 20, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 20, 2018 Filing 21 NOTICE OF APPEARANCE by Simon Nakajima on behalf of Kirstjen Nielsen, Gregory Richardson, Jeff Sessions. (Nakajima, Simon)
November 8, 2018 Opinion or Order Filing 20 MEMO ENDORSEMENT on re: #18 CONSENT LETTER MOTION to Adjourn Conference presently scheduled for November 9, 2018 addressed to Judge Alvin K. Hellerstein from AUSA Michael J. Byars dated November 5, 2018.CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint/Petition in the Nature of Mandamus from December 14, 2018 to February 28, 2019 addressed to Judge Alvin K. Hellerstein from AUSA Michael J. Byars dated November 5 filed by Gregory Richardson, Kirstjen Nielsen, Jeff Sessions. ENDORSEMENT: The extension of time to February 28, 2019 is granted. Conf. is adjourned to March 8, 2019 at 10:00 a.m. SO ORDERED. (Kirstjen Nielsen answer due 2/28/2019; Gregory Richardson answer due 2/28/2019; Jeff Sessions answer due 2/28/2019, Initial Conference set for 3/8/2019 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 11/8/2018) (jca)
November 8, 2018 Opinion or Order Filing 19 ORDER granting #18 Letter Motion to Adjourn Conference; terminating #18 Letter Motion for Extension of Time to Answer. Conf. is adjourned to March 8, 2019 at 10:00 am. (Initial Conference set for 3/8/2019 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 11/8/2018) (ne)
November 5, 2018 Filing 18 CONSENT LETTER MOTION to Adjourn Conference presently scheduled for November 9, 2018 addressed to Judge Alvin K. Hellerstein from AUSA Michael J. Byars dated November 5, 2018., CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint/Petition in the Nature of Mandamus from December 14, 2018 to February 28, 2019 addressed to Judge Alvin K. Hellerstein from AUSA Michael J. Byars dated November 5, 2018. Document filed by Kirstjen Nielsen, Gregory Richardson, Jeff Sessions.(Byars, Michael)
October 16, 2018 Opinion or Order Filing 17 NOTICE OF COURT CONFERENCE: Initial Conference set for 11/9/2018 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. It is Ordered that counsel to whom this Order is sent is responsible for faxing a copy to all counsel and retaining verification of such in the case file. Do not fax such verification to Chambers. Please include telephone numbers and fax numbers on all documents submitted to the Court. (As further set forth in this order) (Signed by Judge Alvin K. Hellerstein on 10/16/2018) (ne)
October 11, 2018 Filing 16 ELECTRONIC SUMMONS ISSUED as to Jeff Sessions. (dnh)
October 11, 2018 Filing 15 ELECTRONIC SUMMONS ISSUED as to Gregory Richardson. (dnh)
October 11, 2018 Filing 14 ELECTRONIC SUMMONS ISSUED as to Kirstjen Nielsen. (dnh)
October 10, 2018 Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Jeff Sessions, re: #1 Complaint/Petition in the Nature of Mandamus. Document filed by Xiu Ying Sun. (Chien, David)
October 10, 2018 Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Gregory Richardson, re: #1 Complaint/Petition in the Nature of Mandamus. Document filed by Xiu Ying Sun. (Chien, David)
October 10, 2018 Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Kirstjen Nielsen, re: #1 Complaint/Petition in the Nature of Mandamus. Document filed by Xiu Ying Sun. (Chien, David)
October 10, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Chien to RE-FILE Document No. #9 Request for Issuance of Summons, #10 Request for Issuance of Summons, #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'C/o' Error; 'c/o' must be placed before second party name (for example, Kirstjen Nielsen c/o Department of Homeland Security). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
October 9, 2018 Filing 10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Gregory Richardson, re: #1 Complaint/Petition in the Nature of Mandamus. Document filed by Xiu Ying Sun. (Chien, David) Modified on 10/10/2018 (dnh).
October 9, 2018 Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Jeff Sessions, re: #1 Complaint/Petition in the Nature of Mandamus. Document filed by Xiu Ying Sun. (Chien, David) Modified on 10/10/2018 (dnh).
October 9, 2018 Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kirstjen Nielsen, re: #1 Complaint/Petition in the Nature of Mandamus. Document filed by Xiu Ying Sun. (Chien, David) Modified on 10/10/2018 (dnh).
October 3, 2018 Filing 7 CIVIL COVER SHEET filed. (Chien, David)
October 3, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney David Chien to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): pdf case caption does not exactly match initial pleading caption;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
October 3, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo)
October 3, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Chien. The party information for the following party/parties has been modified: Kirstjen Nielsen; Jeff Sessions; Gregory Richardson. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
October 3, 2018 Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo)
October 3, 2018 Case Designated ECF. (jgo)
October 3, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Chien to RE-FILE Document No. #4 Request for Issuance of Summons, #5 Request for Issuance of Summons, #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): pdf case caption does not exactly match initial pleading caption; second party name on pdf 'To' section must include 'care of c/o';. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
October 2, 2018 Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Gregory Richardson, re: #1 Complaint/Petition in the Nature of Mandamus. Document filed by Xiu Ying Sun. (Chien, David) Modified on 10/3/2018 (jgo).
October 2, 2018 Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Jeff Sessions, re: #1 Complaint/Petition in the Nature of Mandamus. Document filed by Xiu Ying Sun. (Chien, David) Modified on 10/3/2018 (jgo).
October 2, 2018 Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kirstjen Nielsen, re: #1 Complaint/Petition in the Nature of Mandamus. Document filed by Xiu Ying Sun. (Chien, David) Modified on 10/3/2018 (jgo).
October 2, 2018 Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Xiu Ying Sun.(Chien, David)
October 2, 2018 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Chien, David) Modified on 10/3/2018 (jgo).
October 2, 2018 Filing 1 FIRST COMPLAINT IN THE NATURE OF MANDAMUS against Kirstjen Nielsen, Gregory Richardson, Jeff Sessions (Filing Fee $ 400.00, Receipt Number 0208-15647925).Document filed by Xiu Ying Sun. (Attachments: #1 Exhibit)(Chien, David)

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Plaintiff: Xiu Ying Sun
Represented By: David Chien
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Defendant: Kirstjen Nielsen
Represented By: Michael James Byars
Represented By: Simon Nakajima
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Defendant: Gregory Richardson
Represented By: Michael James Byars
Represented By: Simon Nakajima
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Defendant: Attorney General Jeff Sessions
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Defendant: Jeff Sessions
Represented By: Michael James Byars
Represented By: Simon Nakajima
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