Person v. United States Of America et al
| Carl E. Person |
| Andrew Wheeler, Jerome Powell, The Board of Governors of the Federal Reserve System, United States Of America, Kirstjen Nielsen, Steven Mnuchin and The Federal Reserve |
| 1:2019cv00154 |
| January 7, 2019 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on February 25, 2019. A more recent docket listing may be available from PACER.
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Filing 31
ORDER: ORDERED that the initial pretrial conference scheduled for February 28, 2019, is CANCELLED and all discovery in this matter is STAYED. It is further ORDERED that Defendants shall file their memorandum of law in opposition to Plaintiff's motion for preliminary injunction and in support of their cross-motion to dismiss, not to exceed twenty-five pages, by March 22, 2019. Plaintiff shall file his reply in support of his motion for preliminary injunction and opposition to Defendants' cross-motion to dismiss, not to exceed twenty-five pages, by April 5, 2019. Defendants shall not file a reply in support of their cross-motion to dismiss unless otherwise directed by the Court. Set Deadlines/Hearing as to #23 MOTION for Preliminary Injunction ending the Shutdown and any future Shutdowns (Responses due by 3/22/2019, Replies due by 4/5/2019.) (Signed by Judge Lorna G. Schofield on 2/25/2019) (rro)
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| Filing 30 REPLY to Response to Motion re: #23 MOTION for Preliminary Injunction ending the Shutdown and any future Shutdowns. , a 4-page letter response to the 4-page letter of AUSA Peter Aronoff (Doc. No. 29, efiled 2/15/19). Document filed by Carl E. Person. (Person, Carl) |
| Pro Hac Vice Fee Payment: Filing fee $ 200.00, receipt number ANYSDC-16370188.(Froemming, John) |
| Filing 29 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Peter Aronoff dated 2/15/2019 re: #23 MOTION for Preliminary Injunction ending the Shutdown and any future Shutdowns. . Document filed by Steven Mnuchin, Kirstjen Nielsen, Jerome Powell, The Board of Governors of the Federal Reserve System, United States Of America, Andrew Wheeler. (Aronoff, Peter) |
| Filing 28 AMENDED COMPLAINT amending #20 Amended Complaint, against Steven Mnuchin, Kirstjen Nielsen, Jerome Powell, The Board of Governors of the Federal Reserve System, United States Of America, Andrew Wheeler.Document filed by Carl E. Person. Related document: #20 Amended Complaint,.(Person, Carl) |
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Filing 27
ORDER: It is hereby ORDERED that Defendants shall file a response letter by February 15, 2019. Plaintiff's motion will be discussed at the initial pretrial conference. If further briefing is necessary, the Court will enter a briefing schedule at that time. (As further set forth in this Order.) (Responses due by 2/15/2019) (Signed by Judge Lorna G. Schofield on 2/1/2019) (cf)
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| Filing 26 MEMORANDUM OF LAW in Support re: #23 MOTION for Preliminary Injunction ending the Shutdown and any future Shutdowns. . Document filed by Carl E. Person. (Person, Carl) |
| Filing 25 DECLARATION of Carl E. Person in Support re: #23 MOTION for Preliminary Injunction ending the Shutdown and any future Shutdowns.. Document filed by Carl E. Person. (Person, Carl) |
| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #24 HAS BEEN REJECTED. THIS IS A DUPLICATED DOCUMENT. Note to Attorney Carl E. Person : This is a Duplicate Document. Do Not Re-File. ***REMINDER*** - Only refile the Declaration in Support and the Memorandum in Support of Motion using the Events found under the Event Type - Replies, Opposition and Supporting Documents, then link each separate document to the #23 Motion. Refile 2 separate Documents. (db) |
| Filing 24 FILING ERROR - DUPLICATE DOCUMENT - MOTION for Preliminary Injunction to end the Shutdown and any future Shutdowns. Document filed by Carl E. Person. Return Date set for 2/28/2019 at 11:00 AM. (Attachments: #1 Affidavit Supporting Declaration of Carl E. Person, #2 Exhibit Ex. A. copy of Amended Complaint as efiled on January 23, 2019, #3 Errata Memorandum of Law in Support of Motion for a Preliminary Injunction)(Person, Carl) Modified on 1/28/2019 (db). |
| Filing 23 MOTION for Preliminary Injunction ending the Shutdown and any future Shutdowns. Document filed by Carl E. Person. Return Date set for 2/28/2019 at 11:00 AM.(Person, Carl) |
| Filing 22 AFFIDAVIT OF SERVICE of Summons and Complaint,. Jerome Powell served on 1/16/2019, answer due 2/6/2019. Service was accepted by Nellie Drake. Document filed by Carl E. Person. (Person, Carl) |
| Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint,. The Board of Governors of the Federal Reserve System served on 1/16/2019, answer due 2/6/2019. Service was accepted by Nellie Drake. Document filed by Carl E. Person. (Person, Carl) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Carl E. Person to RE-FILE re: Document No. #20 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add parties Steven Mnuchin with party text 'Secretary of the Department of the Treasury, in his official capacity', Kirstjen Nielsen with party text 'Secretary of Homeland Security, in her official capacity', Andrew Wheeler with party text 'Acting Administrator of Environmental Protection Agency, in his official capacity', and, Jerome Powell with party text 'Chairman, the Board of Governors of the Federal Reserve System, a/k/a the Federal Reserve, in his official capacity'; the parties could either be added as new parties, or 'in their official capacity' must be removed from the PDF case caption for the parties. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| Filing 20 FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending #1 Complaint, against Steven Mnuchin, Kirstjen Nielsen, Jerome Powell, The Board of Governors of the Federal Reserve System, United States Of America, Andrew Wheeler.Document filed by Carl E. Person. Related document: #1 Complaint,.(Person, Carl) Modified on 1/24/2019 (jgo). |
| Mailed a copy of #18 Memorandum & Opinion, to Carl E. Person 225 E. 36th Street - 3A N.Y., NY 10016. (aea) |
| Filing 19 MEMO ENDORSEMENT on re: #17 Letter, filed by Steven Mnuchin, Jerome Powell, The Board of Governors of the Federal Reserve System, Kirstjen Nielsen, Andrew Wheeler, United States Of America. ENDORSEMENT: Application DENIED as moot. (Signed by Judge Lorna G. Schofield on 1/18/2019) (cf) |
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Filing 18
OPINION AND ORDER: ORDERED that Plaintiff's motion for a temporary restraining order and preliminary injunction is DENIED on standing grounds. "Generally, a party seeking a temporary restraining order or a preliminary injunction 'must demonstrate that it will suffer irreparable harm absent injunctive relief and either (1) that it is likely to succeed on the merits of the action, or (2) that there are sufficiently serious questions going to the merits to make them a fair ground for litigation, provided that the balance of hardships tips decidedly in favor of the moving party." Prospect Park Ass'n v. Delaney, No. 18 Civ. 4852, 2018 WL 3542860, at *2 (S.D.N.Y. July 23, 2018) (quoting Mullins v. City of New York, 626 F.3d 47, 5253 (2d Cir. 2010)). A party seeking a temporary restraining order or preliminary injunction must establish standing by setting forth "specific facts" by affidavit or other evidence; "mere allegations" will not suffice. See Cacchillo v. Insmed, Inc., 638 F.3d 401, 404 (2d Cir. 2011) and further set forth in this Order. The Court has considered the other facts asserted in the papers supporting Plaintiff's motion and finds that none of these facts are sufficient to confer standing. Accordingly, Plaintiff is not entitled to temporary restraining order or a preliminary injunction. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 1/18/2019) (rro) Transmission to Docket Assistant Clerk for processing.
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| Filing 17 CONSENT LETTER addressed to Judge Lorna G. Schofield from Peter Aronoff dated 1/17/2019 re: proposal for conference to discuss scheduling. Document filed by Steven Mnuchin, Kirstjen Nielsen, Jerome Powell, The Board of Governors of the Federal Reserve System, United States Of America, Andrew Wheeler.(Aronoff, Peter) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint served on Andrew Wheeler on January 11, 2019. Service was made by Mail. Document filed by Carl E. Person. (Person, Carl) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint served on Kirstjen Nielsen on January 11, 2019. Service was made by Mail. Document filed by Carl E. Person. (Person, Carl) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint served on Steven Mnuchin on January 11, 2019. Service was made by Mail. Document filed by Carl E. Person. (Person, Carl) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint served on United States of America on January 11, 2019. Service was made by Mail. Document filed by Carl E. Person. (Person, Carl) |
| Filing 12 MEMO ENDORSEMENT granting #6 Motion for Permission for Electronic Case Filing. ENDORSEMENT: Application GRANTED. (Signed by Judge Lorna G. Schofield on 1/15/2019) (jwh) |
| Filing 11 LETTER addressed to Judge Lorna G. Schofield from Peter Aronoff dated 1/15/2019 re: lack of service and plaintiff's TRO application. Document filed by Steven Mnuchin, Kirstjen Nielsen, Jerome Powell, The Board of Governors of the Federal Reserve System, United States Of America, Andrew Wheeler.(Aronoff, Peter) |
| Filing 10 NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of Steven Mnuchin, Kirstjen Nielsen, Jerome Powell, The Board of Governors of the Federal Reserve System, United States Of America, Andrew Wheeler. (Aronoff, Peter) |
| Mailed a copy of #5 Order for Initial Pretrial Conference, to Carl E. Person 225 E. 36th Street - 3A N.Y., NY 10016. (aea) |
| Filing 9 MEMORANDUM OF LAW IN SUPPORT OF ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION & TEMPORARY RESTRAINING ORDER; re: #7 Order to Show Cause - Unsigned. Document filed by Carl E. Person. (sc) |
| Filing 8 SUPPORTING AFFIDAVIT OF CARL E. PERSON; re: in Support of re: #7 Order to Show Cause - Unsigned. Document filed by Carl E. Person. (sc) |
| Filing 7 UNSIGNED ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION & TEMPORARY RESTRAINING ORDER filed by Carl E. Person. (sc) |
| Filing 6 MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING; re: for Permission for Carl E. Person to participate in electronic case filing in this case. Document filed by Carl E. Person.(sc) |
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Filing 5
ORDER: Initial Conference set for 2/28/2019 at 11:00 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 1/11/2019) (cf) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER: ORDERED that if Plaintiff seeks a preliminary injunction, he shall file a motion for preliminary injunction accompanied by a memorandum of law, in accordance with the procedures set forth in Individual Rule III.B. The memorandum of law should include the standard for preliminary injunctive relief, address whether Plaintiff has standing and the likelihood of success on the merits, including the standard for mandamus relief and the issue of sovereign immunity. As Defendants have not yet appeared in this action, Plaintiff shall serve any motion and memorandum of law on Defendants and shall file proof of service on ECF. (Signed by Judge Lorna G. Schofield on 1/8/2019) (tro)
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| Filing 2 CIVIL COVER SHEET filed. (pc) (pc). |
| Filing 1 COMPLAINT against Steven Mnuchin, Kirstjen Nielsen, Jerome Powell, The Board of Governors of the Federal Reserve System, United States Of America, Andrew Wheeler. (Filing Fee $ 400.00, Receipt Number 465401226030)Document filed by Carl E. Person.(pc) (pc). |
| SUMMONS ISSUED as to Steven Mnuchin. (pc) |
| SUMMONS ISSUED as to United States Of America. (pc) |
| SUMMONS ISSUED as to Kirstjen Nielsen. (pc) |
| SUMMONS ISSUED as to The Board of Governors of the Federal Reserve System. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Stewart D. Aaron 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. (pc) |
| SUMMONS ISSUED as to Jerome Powell. (pc) |
| SUMMONS ISSUED as to Andrew Wheeler. (pc) |
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